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Text – S.1605 – 117th Congress (2021-2022): National Defense Authorization Act for Fiscal Year 2022 | Congress.gov




Shown Here:
Public Law No: 117-81 (12/27/2021)

[117th Congress Public Law 81]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 1541]]

Public Law 117-81
117th Congress

                                 An Act


 
To authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes. > 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, > 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 2022''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into six divisions as follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.
            (4) Division D--Funding Tables.
            (5) Division E--Department of State Authorization
            (6) Division F--Other Non-Department of Defense Matters.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Modification of deployment by the Army of interim cruise 
           missile defense capability.
Sec. 112. Multiyear procurement authority for AH-64E Apache helicopters.
Sec. 113. Multiyear procurement authority for UH-60M and HH-60M Black 
           Hawk helicopters.
Sec. 114. Continuation of Soldier Enhancement Program.
Sec. 115. Limitation on availability of funds pending report on the 
           Integrated Visual Augmentation System.
Sec. 116. Strategy and authority for the procurement of components for 
           the next generation squad weapon.

[[Page 135 STAT. 1542]]

                        Subtitle C--Navy Programs

Sec. 121. Extension of procurement authority for certain amphibious 
           shipbuilding programs.
Sec. 122. Extension of prohibition on availability of funds for Navy 
           port waterborne security barriers.
Sec. 123. Extension of report on Littoral Combat Ship mission packages.
Sec. 124. Incorporation of advanced degaussing systems into Arleigh 
           Burke class destroyers.
Sec. 125. Report on the potential benefits of a multiyear contract for 
           the procurement of Flight III Arleigh Burke class destroyers.
Sec. 126. Acquisition, modernization, and sustainment plan for carrier 
           air wings.
Sec. 127. Report on material readiness of Virginia class submarines of 
           the Navy.

                     Subtitle D--Air Force Programs

Sec. 131. Extension of inventory requirement for Air Force fighter 
           aircraft.
Sec. 132. Contract for logistics support for VC-25B aircraft.
Sec. 133. Prohibition on certain reductions to B-1 bomber aircraft 
           squadrons.
Sec. 134. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 135. Limitation on availability of funds for the B-52 Commercial 
           Engine Replacement Program.
Sec. 136. Limitation on availability of funds pending information on 
           bridge tanker aircraft.
Sec. 137. Inventory requirements and limitations relating to certain air 
           refueling tanker aircraft.
Sec. 138. Minimum inventory of tactical airlift aircraft.
Sec. 139. Report relating to reduction of total number of tactical 
           airlift aircraft.

        Subtitle E--Defense-wide, Joint, and Multiservice Matters

Sec. 141. Implementation of affordability, operational, and sustainment 
           cost constraints for the F-35 aircraft program.
Sec. 142. Transfer of F-35 program responsibilities from the F-35 Joint 
           Program Office to the Department of the Air Force and the 
           Department of the Navy.
Sec. 143. Limitation on availability of funds for air-based and space-
           based ground moving target indicator capabilities.
Sec. 144. Limitation on availability of funds for procurement of 
           aircraft systems for the armed overwatch program.
Sec. 145. Analysis of certain radar investment options.
Sec. 146. Review and briefing on fielded major weapon systems.
Sec. 147. Reports on exercise of waiver authority with respect to 
           certain aircraft ejection seats.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Codification of National Defense Science and Technology 
           Strategy.
Sec. 212. Codification of direct hire authority at personnel 
           demonstration laboratories for advanced degree holders.
Sec. 213. Duties and regional activities of the Defense Innovation Unit.
Sec. 214. Codification of requirement for Defense Established Program to 
           Stimulate Competitive Research.
Sec. 215. Codification of authorities relating to Department of Defense 
           science and technology reinvention laboratories.
Sec. 216. Improvements relating to steering committee on emerging 
           technology and national security threats.
Sec. 217. Improvements relating to national network for microelectronics 
           research and development.
Sec. 218. Modification of mechanisms for expedited access to technical 
           talent and expertise at academic institutions to support 
           Department of Defense missions.
Sec. 219. Technical correction to pilot program for the enhancement of 
           the research, development, test, and evaluation centers of 
           the Department of Defense.
Sec. 220. Defense research and engineering activities at minority 
           institutions.
Sec. 221. Test program for engineering plant of DDG(X) destroyer 
           vessels.
Sec. 222. Consortium to study irregular warfare.
Sec. 223. Development and implementation of digital technologies for 
           survivability and lethality testing.

[[Page 135 STAT. 1543]]

Sec. 224. Assessment and correction of deficiencies in the pilot 
           breathing systems of tactical fighter aircraft.
Sec. 225. Identification of the hypersonics facilities and capabilities 
           of the Major Range and Test Facility Base.
Sec. 226. Review of artificial intelligence applications and 
           establishment of performance metrics.
Sec. 227. Modification of the joint common foundation program.
Sec. 228. Executive education on emerging technologies for senior 
           civilian and military leaders.
Sec. 229. Activities to accelerate development and deployment of dual-
           use quantum technologies.
Sec. 230. National Guard participation in microreactor testing and 
           evaluation.
Sec. 231. Pilot program on the use of private sector partnerships to 
           promote technology transition.
Sec. 232. Pilot program on data repositories to facilitate the 
           development of artificial intelligence capabilities for the 
           Department of Defense.
Sec. 233. Pilot programs for deployment of telecommunications 
           infrastructure to facilitate 5G deployment on military 
           installations.
Sec. 234. Limitation on development of prototypes for the Optionally 
           Manned Fighting Vehicle pending requirements analysis.
Sec. 235. Limitation on transfer of certain operational flight test 
           events and reductions in operational flight test capacity.
Sec. 236. Limitation on availability of funds for certain C-130 
           aircraft.
Sec. 237. Limitation on availability of funds for VC-25B aircraft 
           program pending submission of documentation.
Sec. 238. Limitation on availability of funds for the High Accuracy 
           Detection and Exploitation System.

              Subtitle C--Plans, Reports, and Other Matters

Sec. 241. Modification to annual report of the Director of Operational 
           Test and Evaluation.
Sec. 242. Adaptive engine transition program acquisition strategy for 
           the F-35A aircraft.
Sec. 243. Acquisition strategy for an advanced propulsion system for F-
           35B and F-35C aircraft.
Sec. 244. Assessment of the development and test enterprise of the Air 
           Force Research Laboratory.
Sec. 245. Study on efficient use of Department of Defense test and 
           evaluation organizations, facilities, and laboratories.
Sec. 246. Report on autonomy integration in major weapon systems.
Sec. 247. Reports and briefings on recommendations of the National 
           Security Commission on Artificial Intelligence regarding the 
           Department of Defense.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Authorization of appropriations.

                   Subtitle B--Energy and Environment

Sec. 311. Inclusion of impacts on military installation resilience in 
           the National Defense Strategy and associated documents.
Sec. 312. Energy efficiency targets for Department of Defense data 
           centers.
Sec. 313. Grants for maintaining or improving military installation 
           resilience.
Sec. 314. Maintenance of current analytical tools in evaluating energy 
           resilience measures.
Sec. 315. Authority to transfer amounts derived from energy cost 
           savings.
Sec. 316. Exemption from prohibition on use of open-air burn pits in 
           contingency operations outside the United States.
Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership 
           program to include resilience.
Sec. 318. Inspection of piping and support infrastructure at Red Hill 
           Bulk Fuel Storage Facility, Hawai`i.
Sec. 319. Energy, water, and waste net-zero requirement for major 
           military installations.
Sec. 320. Demonstration program on domestic production of rare earth 
           elements from coal byproducts.
Sec. 321. Long-duration demonstration initiative and joint program.
Sec. 322. Pilot program to test new software to track emissions at 
           certain military installations.
Sec. 323. Department of Defense plan to reduce greenhouse gas emissions.

            Subtitle C--National Security Climate Resilience

Sec. 331. Definitions.

[[Page 135 STAT. 1544]]

Sec. 332. Climate Resilience Infrastructure Initiative of the Department 
           of Defense.
Sec. 333. Inclusion of information regarding extreme weather and cyber 
           attacks or disruptions in reports on national technology and 
           industrial base.
Sec. 334. Climate resilience in planning, engagement strategies, 
           infrastructure, and force development of Department of 
           Defense.
Sec. 335. Assessment of climate risks to infrastructure of Department of 
           Defense.

 Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl 
                               Substances

Sec. 341. Treatment by Department of Defense of perfluoroalkyl 
           substances and polyfluoroalkyl substances.
Sec. 342. Extension of transfer authority for funding of study and 
           assessment on health implications of per- and polyfluoroalkyl 
           substances contamination in drinking water by Agency for 
           Toxic Substances and Disease Registry.
Sec. 343. Temporary moratorium on incineration by Department of Defense 
           of perfluoroalkyl substances, polyfluoroalkyl substances, and 
           aqueous film forming foam.
Sec. 344. Review and guidance relating to prevention and mitigation of 
           spills of aqueous film-forming foam.
Sec. 345. Public disclosure of results of Department of Defense testing 
           of water for perfluoroalkyl or polyfluoroalkyl substances.
Sec. 346. Review of agreements with non-Department entities with respect 
           to prevention and mitigation of spills of aqueous film-
           forming foam.
Sec. 347. Comptroller General study on Department of Defense procurement 
           of certain items containing certain PFAS substances.
Sec. 348. Report on schedule for completion of remediation of 
           perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 349. Report on remediation of perfluoroalkyl substances and 
           polyfluoroalkyl substances at certain military installations.

                  Subtitle E--Logistics and Sustainment

Sec. 351. Mitigation of contested logistics challenges of the Department 
           of Defense through reduction of operational energy demand.
Sec. 352. Global bulk fuel management and delivery.
Sec. 353. Test and evaluation of potential biobased solution for 
           corrosion control and mitigation.
Sec. 354. Pilot program on digital optimization of organic industrial 
           base maintenance and repair operations.
Sec. 355. Improved oversight for implementation of Shipyard 
           Infrastructure Optimization Program of the Navy.
Sec. 356. Report and certification requirements regarding sustainment 
           costs for fighter aircraft programs.
Sec. 357. Comptroller General annual reviews of F-35 sustainment 
           efforts.

                           Subtitle F--Reports

Sec. 361. Inclusion of information regarding borrowed military manpower 
           in readiness reports.
Sec. 362. Annual report on material readiness of Navy ships.
Sec. 363. Incident reporting requirements for Department of Defense 
           regarding lost or stolen weapons.
Sec. 364. Strategy and annual report on critical language proficiency of 
           special operations forces.

                        Subtitle G--Other Matters

Sec. 371. Military Aviation and Installation Assurance Clearinghouse 
           matters.
Sec. 372. Establishment of Joint Safety Council.
Sec. 373. Improvements and clarifications related to military working 
           dogs.
Sec. 374. Extension of temporary authority to extend contracts and 
           leases under the ARMS Initiative.
Sec. 375. Authority to maintain access to category 3 subterranean 
           training facility.
Sec. 376. Accident Investigation Review Board.
Sec. 377. Implementation of Comptroller General recommendations on 
           preventing tactical vehicle training accidents.
Sec. 378. Requirements relating to emissions control tactics, 
           techniques, and procedures.
Sec. 379. Management of fatigue among crew of naval surface ships and 
           related improvements.
Sec. 380. Authority for activities to improve next generation radar 
           systems capabilities.
Sec. 381. Pilot program on military working dog and explosives detection 
           canine health and excellence.
Sec. 382. Department of Defense response to military lazing incidents.

[[Page 135 STAT. 1545]]

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum 
           levels.
Sec. 403. Additional authority to vary Space Force end strength.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.
Sec. 415. Accounting of reserve component members performing active duty 
           or full-time National Guard duty towards authorized end 
           strengths.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A-- Officer Personnel Policy

Sec. 501. Authority with respect to authorized strengths for general and 
           flag officers within the Armed Forces for emerging 
           requirements.
Sec. 502. Time in grade requirements.
Sec. 503. Authority to vary number of Space Force officers considered 
           for promotion to major general.
Sec. 504. Seaman to Admiral-21 program: credit towards retirement.
Sec. 505. Independent assessment of retention of female surface warfare 
           officers.
Sec. 506. Reports on Air Force personnel performing duties of a Nuclear 
           and Missile Operations Officer (13N).

                Subtitle B--Reserve Component Management

Sec. 511. Modification of grant program supporting science, technology, 
           engineering, and math education in the Junior Reserve 
           Officers' Training Corps to include quantum information 
           sciences.
Sec. 512. Prohibition on private funding for interstate deployment of 
           National Guard.
Sec. 513. Access to Tour of Duty system.
Sec. 514. Implementation of certain recommendations regarding use of 
           unmanned aircraft systems by the National Guard.
Sec. 515. Continued National Guard support for FireGuard program.
Sec. 516. Enhancement of National Guard Youth Challenge Program.
Sec. 517. Report on methods to enhance support from the reserve 
           components in response to catastrophic incidents.
Sec. 518. Study on reapportionment of National Guard force structure 
           based on domestic responses.
Sec. 519. Briefing on Junior Reserve Officers' Training Corps program.

      Subtitle C--General Service Authorities and Military Records

Sec. 521. Reduction in service commitment required for participation in 
           career intermission program of a military department.
Sec. 522. Improvements to military accessions in Armed Forces under the 
           jurisdiction of the Secretaries of the military departments.
Sec. 523. Notice program relating to options for naturalization.
Sec. 524. Appeals to Physical Evaluation Board determinations of fitness 
           for duty.
Sec. 525. Command oversight of military privatized housing as element of 
           performance evaluations.
Sec. 526. Feasibility study on establishment of housing history for 
           members of the Armed Forces who reside in housing provided by 
           the United States.
Sec. 527. Enhancements to national mobilization exercises.
Sec. 528. Temporary exemption from end strength grade restrictions for 
           the Space Force.
Sec. 529. Report on exemptions and deferments for a possible military 
           draft.
Sec. 529A. Report on processes and procedures for appeal of denial of 
           status or benefits for failure to register for Selective 
           Service.
Sec. 529B. Study and report on administrative separation boards.

                   Subtitle D--Military Justice Reform

                      Part 1--Special Trial Counsel

Sec. 531. Special trial counsel.

[[Page 135 STAT. 1546]]

Sec. 532. Policies with respect to special trial counsel.
Sec. 533. Definition of military magistrate, covered offense, and 
           special trial counsel.
Sec. 534. Clarification relating to who may convene courts-martial.
Sec. 535. Detail of trial counsel.
Sec. 536. Preliminary hearing.
Sec. 537. Advice to convening authority before referral for trial.
Sec. 538. Former jeopardy.
Sec. 539. Plea agreements.
Sec. 539A. Determinations of impracticability of rehearing.
Sec. 539B. Applicability to the United States Coast Guard.
Sec. 539C. Effective date.

              Part 2--Sexual Harassment; Sentencing Reform

Sec. 539D. Inclusion of sexual harassment as general punitive article.
Sec. 539E. Sentencing reform.

                    Part 3--Reports and Other Matters

Sec. 539F. Briefing and report on resourcing required for 
           implementation.
Sec. 539G. Briefing on implementation of certain recommendations of the 
           Independent Review Commission on Sexual Assault in the 
           Military.

          Subtitle E--Other Military Justice and Legal Matters

Sec. 541. Rights of the victim of an offense under the Uniform Code of 
           Military Justice.
Sec. 542. Conduct unbecoming an officer.
Sec. 543. Independent investigation of complaints of sexual harassment.
Sec. 544. Department of Defense tracking of allegations of retaliation 
           by victims of sexual assault or sexual harassment and related 
           persons.
Sec. 545. Modification of notice to victims of pendency of further 
           administrative action following a determination not to refer 
           to trial by court-martial.
Sec. 546. Civilian positions to support Special Victims' Counsel.
Sec. 547. Plans for uniform document management system, tracking 
           pretrial information, and assessing changes in law.
Sec. 548. Determination and reporting of members missing, absent 
           unknown, absent without leave, and duty status-whereabouts 
           unknown.
Sec. 549. Activities to improve family violence prevention and response.
Sec. 549A. Annual primary prevention research agenda.
Sec. 549B. Primary prevention workforce.
Sec. 549C. Reform and improvement of military criminal investigative 
           organizations.
Sec. 549D. Military defense counsel.
Sec. 549E. Full functionality of Military Justice Review Panel.
Sec. 549F. Military service independent racial disparity review.
Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual 
           assaults; reporting on racial and ethnic demographics in the 
           military justice system.
Sec. 549H. DoD Safe Helpline authorization to perform intake of official 
           restricted and unrestricted reports for eligible adult sexual 
           assault victims.
Sec. 549I. Extension of annual report regarding sexual assaults 
           involving members of the Armed Forces.
Sec. 549J. Study and report on Sexual Assault Response Coordinator 
           military occupational specialty.
Sec. 549K. Amendments to additional Deputy Inspector General of the 
           Department of Defense.
Sec. 549L. Improved Department of Defense prevention of, and response 
           to, bullying in the Armed Forces.
Sec. 549M. Recommendations on separate punitive article in the Uniform 
           Code of Military Justice on violent extremism.
Sec. 549N. Combating foreign malign influence.

         Subtitle F--Member Education, Training, and Transition

Sec. 551. Troops-to-Teachers Program.
Sec. 552. Codification of human relations training for certain members 
           of the Armed Forces.
Sec. 553. Allocation of authority for nominations to the military 
           service academies in the event of the death, resignation, or 
           expulsion from office of a Member of Congress.
Sec. 554. Authority of President to appoint successors to members of 
           Board of Visitors of military academies whose terms have 
           expired.
Sec. 555. Meetings of the Board of Visitors of a military service 
           academy: votes required to call; held in person or remotely.

[[Page 135 STAT. 1547]]

Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. United States Naval Community College.
Sec. 558. Codification of establishment of United States Air Force 
           Institute of Technology.
Sec. 559. Concurrent use of Department of Defense Tuition Assistance and 
           Montgomery GI Bill-Selected Reserve benefits.
Sec. 559A. Regulations on certain parental guardianship rights of cadets 
           and midshipmen.
Sec. 559B. Defense language continuing education program.
Sec. 559C. Prohibition on implementation by United States Air Force 
           Academy of civilian faculty tenure system.
Sec. 559D. Professional military education: report; definition.
Sec. 559E. Report on training and education of members of the Armed 
           Forces regarding social reform and unhealthy behaviors.
Sec. 559F. Report on status of Army Tuition Assistance Program Army 
           IgnitED program.
Sec. 559G. Briefing on cadets and midshipmen with speech disorders.

     Subtitle G--Military Family Readiness and Dependents' Education

Sec. 561. Expansion of support programs for special operations forces 
           personnel and immediate family members.
Sec. 562. Improvements to the Exceptional Family Member Program.
Sec. 563. Certain assistance to local educational agencies that benefit 
           dependents of military and civilian personnel.
Sec. 564. Pilot program to establish employment fellowship opportunities 
           for military spouses.
Sec. 565. Policy regarding remote military installations.
Sec. 566. Implementation of GAO recommendation on improved communication 
           of best practices to engage military spouses with career 
           assistance resources.
Sec. 567. Study on employment of military spouses.
Sec. 568. Briefing on efforts of commanders of military installations to 
           connect military families with local entities that provide 
           services to military families.
Sec. 569. Briefing on process to certify reporting of eligible federally 
           connected children for purposes of Federal impact aid 
           programs.
Sec. 569A. Briefing on legal services for families enrolled in the 
           Exceptional Family Member Program.
Sec. 569B. GAO review of Preservation of the Force and Family Program of 
           United States Special Operations Command: briefing; report.

                   Subtitle H--Diversity and Inclusion

Sec. 571. Reduction of gender-related inequities in costs of uniforms to 
           members of the Armed Forces.
Sec. 572. Study on number of members of the Armed Forces who identify as 
           Hispanic or Latino.
Sec. 573. Inclusion of military service academies, Officer Candidate and 
           Training Schools, and the Senior Reserve Officers' Training 
           Corps data in diversity and inclusion reporting.
Sec. 574. Extension of deadline for GAO report on equal opportunity at 
           the military service academies.

  Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other 
                                 Matters

Sec. 581. Modified deadline for establishment of special purpose adjunct 
           to Armed Services Vocational Aptitude Battery test.
Sec. 582. Authorizations for certain awards.
Sec. 583. Establishment of the Atomic Veterans Commemorative Service 
           Medal.
Sec. 584. Updates and preservation of memorials to chaplains at 
           Arlington National Cemetery.
Sec. 585. Reports on security force personnel performing protection 
           level one duties.
Sec. 586. GAO study on tattoo policies of the Armed Forces.
Sec. 587. Briefing regarding best practices for community engagement in 
           Hawaii.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Basic needs allowance for members on active service in the 
           Armed Forces.
Sec. 602. Equal incentive pay for members of the reserve components of 
           the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Repeal of expiring travel and transportation authorities.

[[Page 135 STAT. 1548]]

Sec. 605. Requirements in connection with suspension of retired pay and 
           retirement annuities.
Sec. 606. Report on relationship between basic allowance for housing and 
           sizes of military families.
Sec. 607. Report on certain moving expenses for members of the Armed 
           Forces.
Sec. 608. Report on temporary lodging expenses in competitive housing 
           markets.
Sec. 609. Report on rental partnership programs.

                  Subtitle B--Bonus and Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay 
           authorities.

                Subtitle C--Family and Survivor Benefits

Sec. 621. Extension of paid parental leave.
Sec. 622. Bereavement leave for members of the Armed Forces.
Sec. 623. Travel and transportation allowances for family members to 
           attend the funeral and memorial services of members.
Sec. 624. Expansion of pilot program to provide financial assistance to 
           members of the Armed Forces for in-home child care.
Sec. 625. Pilot program on direct hire authority for spouses of members 
           of the uniformed services at locations outside the United 
           States.
Sec. 626. Casualty assistance program: reform; establishment of working 
           group.

                   Subtitle D--Defense Resale Matters

Sec. 631. Additional sources of funds available for construction, 
           repair, improvement, and maintenance of commissary stores.

              Subtitle E--Miscellaneous Rights and Benefits

Sec. 641. Alexander Lofgren Veterans in Parks program.

                    TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

Sec. 701. Eating disorders treatment for certain members of the Armed 
           Forces and dependents.
Sec. 702. Addition of preconception and prenatal carrier screening 
           coverage as benefits under TRICARE program.
Sec. 703. Revisions to TRICARE provider networks.
Sec. 704. Self-initiated referral process for mental health evaluations 
           of members of the Armed Forces.
Sec. 705. Modifications to pilot program on health care assistance 
           system.
Sec. 706. Modification of pilot program on receipt of non-generic 
           prescription maintenance medications under TRICARE pharmacy 
           benefits program.
Sec. 707. Improvement of postpartum care for members of the Armed Forces 
           and dependents.

                 Subtitle B--Health Care Administration

Sec. 711. Modification of certain Defense Health Agency organization 
           requirements.
Sec. 712. Requirement for consultations relating to military medical 
           research and Defense Health Agency Research and Development.
Sec. 713. Authorization of program to prevent fraud and abuse in the 
           military health system.
Sec. 714. Authority of Secretary of Defense and Secretary of Veterans 
           Affairs to enter into agreements for planning, design, and 
           construction of facilities to be operated as shared medical 
           facilities.
Sec. 715. Extension of authority for Joint Department of Defense-
           Department of Veterans Affairs Medical Facility Demonstration 
           Fund.
Sec. 716. Establishment of Department of Defense system to track and 
           record information on vaccine administration.
Sec. 717. Exemption from required physical examination and mental health 
           assessment for certain members of the reserve components.
Sec. 718. Authorization of provision of instruction at Uniformed 
           Services University of the Health Sciences to certain Federal 
           employees.
Sec. 719. Removal of requirement for one year of participation in 
           certain medical and lifestyle incentive programs of the 
           Department of Defense to receive benefits under such 
           programs.
Sec. 720. Department of Defense standards for exemptions from mandatory 
           COVID-19 vaccines.
Sec. 721. Establishment of centers of excellence for enhanced treatment 
           of ocular injuries.
Sec. 722. Implementation of integrated product for management of 
           population health across military health system.

[[Page 135 STAT. 1549]]

Sec. 723. Digital health strategy of Department of Defense.
Sec. 724. Development and update of certain policies relating to 
           military health system and integrated medical operations.
Sec. 725. Mandatory training on health effects of burn pits.
Sec. 726. Standardization of definitions used by the Department of 
           Defense for terms related to suicide.

                  Subtitle C--Reports and Other Matters

Sec. 731. Modifications and reports related to military medical manning 
           and medical billets.
Sec. 732. Access by United States Government employees and their family 
           members to certain facilities of Department of Defense for 
           assessment and treatment of anomalous health conditions.
Sec. 733. Pilot program on cardiac screening at certain military service 
           academies.
Sec. 734. Pilot program on assistance for mental health appointment 
           scheduling at military medical treatment facilities.
Sec. 735. Prohibition on availability of funds for certain research 
           connected to China.
Sec. 736. Limitation on certain discharges solely on the basis of 
           failure to obey lawful order to receive COVID-19 vaccine.
Sec. 737. Independent analysis of Department of Defense Comprehensive 
           Autism Care Demonstration program.
Sec. 738. Independent review of suicide prevention and response at 
           military installations.
Sec. 739. Feasibility and advisability study on establishment of 
           aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 740. Study on incidence of breast cancer among members of the Armed 
           Forces serving on active duty.
Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record 
           program.
Sec. 742. Comptroller General study on implementation by Department of 
           Defense of recent statutory requirements to reform the 
           military health system.
Sec. 743. Study to determine need for a joint fund for Federal 
           Electronic Health Record Modernization Office.
Sec. 744. Briefing on domestic production of critical active 
           pharmaceutical ingredients for national security purposes.
Sec. 745. Briefing on substance abuse in the Armed Forces.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Prohibition on acquisition of personal protective equipment 
           from non-allied foreign nations.
Sec. 803. Authority to acquire innovative commercial products and 
           commercial services using general solicitation competitive 
           procedures.
Sec. 804. Modifications to contracts subject to cost or pricing data 
           certification.
Sec. 805. Two-year extension of Selected Acquisition Report requirement.
Sec. 806. Annual report on highest and lowest performing acquisition 
           programs of the Department of Defense.
Sec. 807. Assessment of impediments and incentives to improving the 
           acquisition of commercial products and commercial services.
Sec. 808. Briefing on transparency for certain domestic procurement 
           waivers.
Sec. 809. Report on violations of certain domestic preference laws.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 811. Certain multiyear contracts for acquisition of property: 
           budget justification materials.
Sec. 812. Extension of demonstration project relating to certain 
           acquisition personnel management policies and procedures.
Sec. 813. Office of Corrosion Policy and Oversight employee training 
           requirements.
Sec. 814. Modified condition for prompt contract payment eligibility.
Sec. 815. Modification to procurement of services: data analysis and 
           requirements validation.
Sec. 816. Limitation on procurement of welded shipboard anchor and 
           mooring chain for naval vessels.
Sec. 817. Repeal of preference for fixed-price contracts.

     Subtitle C--Provisions Relating to Other Transaction Authority

Sec. 821. Modification of other transaction authority for research 
           projects.

[[Page 135 STAT. 1550]]

Sec. 822. Modification of prize authority for advanced technology 
           achievements.
Sec. 823. Pilot program on systems engineering determinations.
Sec. 824. Recommendations on the use of other transaction authority.
Sec. 825. Reporting requirement for certain defense acquisition 
           activities.

       Subtitle D--Provisions Relating to Software and Technology

Sec. 831. Technology protection features activities.
Sec. 832. Modification of enhanced transfer of technology developed at 
           Department of Defense laboratories.
Sec. 833. Pilot program on acquisition practices for emerging 
           technologies.
Sec. 834. Pilot program to accelerate the procurement and fielding of 
           innovative technologies.
Sec. 835. Independent study on technical debt in software-intensive 
           systems.
Sec. 836. Cadre of software development and acquisition experts.

        Subtitle E--Provisions Relating to Supply Chain Security

Sec. 841. Modernization of acquisition processes to ensure integrity of 
           industrial base.
Sec. 842. Modification to analyses of certain activities for action to 
           address sourcing and industrial capacity.
Sec. 843. Assuring integrity of overseas fuel supplies.
Sec. 844. Assessment of requirements for certain items to address supply 
           chain vulnerabilities.
Sec. 845. Department of Defense research and development priorities.
Sec. 846. Report on the Manufacturing Engineering Education Program.
Sec. 847. Plan and report on reduction of reliance on services, 
           supplies, or materials from covered countries.
Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur 
           Autonomous Region.

                   Subtitle F--Industrial Base Matters

Sec. 851. Modifications to printed circuit board acquisition 
           restrictions.
Sec. 852. Modification of pilot program for development of technology-
           enhanced capabilities with partnership intermediaries.
Sec. 853. Additional testing of commercial e-commerce portal models.
Sec. 854. Requirement for industry days and requests for information to 
           be open to allied defense contractors.
Sec. 855. Employment transparency regarding individuals who perform work 
           in the People's Republic of China.
Sec. 856. Briefing on compliance with contractor lobbying restrictions.
Sec. 857. Congressional oversight of personnel and contracts of private 
           security contractors.

                   Subtitle G--Small Business Matters

Sec. 861. Exemption of certain contracts from the periodic inflation 
           adjustments to the acquisition-related dollar threshold.
Sec. 862. Modification to the pilot program for streamlining awards for 
           innovative technology projects.
Sec. 863. Protests and appeals relating to eligibility of business 
           concerns.
Sec. 864. Authority for the Office of Hearings and Appeals to decide 
           appeals relating to qualified HUBZone small business 
           concerns.
Sec. 865. Report on unfunded priorities of the Small Business Innovation 
           Research and Small Business Technology Transfer program.
Sec. 866. Report on Cybersecurity Maturity Model Certification effects 
           on small business.
Sec. 867. Data on Phase III Small Business Innovation Research and Small 
           Business Technology Transfer program awards.

                        Subtitle H--Other Matters

Sec. 871. Mission management pilot program.
Sec. 872. Establishment of mission-oriented pilot programs to close 
           significant capabilities gaps.
Sec. 873. Independent study on acquisition practices and policies.
Sec. 874. Pilot program to incentivize contracting with employee-owned 
           businesses.
Sec. 875. Guidance, training, and report on place of performance 
           contract requirements.
Sec. 876. Notification of certain intergovernmental support agreements.
Sec. 877. Report on requests for equitable adjustment in Department of 
           the Navy.
Sec. 878. Military standards for armor materials in vehicle 
           specifications.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. Change in eligibility requirements for appointment to certain 
           Department of Defense leadership positions.

[[Page 135 STAT. 1551]]

Sec. 902. Clarification of treatment of Office of Local Defense 
           Community Cooperation as a Department of Defense Field 
           Activity.
Sec. 903. Enhanced role of the Under Secretary of Defense for Research 
           and Engineering on the Joint Requirements Oversight Council.
Sec. 904. Implementation of repeal of Chief Management Officer of the 
           Department of Defense.
Sec. 905. Space Force organizational matters and modification of certain 
           space-related acquisition authorities.
Sec. 906. Assignments for participants in the John S. McCain Strategic 
           Defense Fellows Program.
Sec. 907. Designation of senior official for implementation of 
           Electromagnetic Spectrum Superiority Strategy.
Sec. 908. Management innovation activities.
Sec. 909. Digital talent recruiting officer.
Sec. 910. Cross-functional team for emerging threat relating to 
           anomalous health incidents.
Sec. 911. Alignment of Close Combat Lethality Task Force.
Sec. 912. Independent review of and report on the Unified Command Plan.
Sec. 913. Study and report on the role and organization of space assets 
           in the reserve components.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Revision of limitation on funding for combatant commands 
           through Combatant Commander Initiative Fund.
Sec. 1003. Plan for consolidation of information technology systems used 
           in Department of Defense planning, programming, budgeting, 
           and execution process.
Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution 
           Reform.

                   Subtitle B--Counterdrug Activities

Sec. 1007. Extension of authority to support a unified counterdrug and 
           counterterrorism campaign in Colombia.
Sec. 1008. Authority for joint task forces to provide support to law 
           enforcement agencies conducting counter-terrorism activities.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1011. Modification to annual naval vessel construction plan.
Sec. 1012. Improving oversight of Navy contracts for shipbuilding, 
           conversion, and repair.
Sec. 1013. Codification of requirement for assessments prior to start of 
           construction on first ship of a shipbuilding program.
Sec. 1014. Limitation on decommissioning or inactivating a battle force 
           ship before the end of expected service life.
Sec. 1015. Biennial report on shipbuilder training and the defense 
           industrial base.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Navy battle force ship assessment and requirement reporting.
Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol 
           boats.
Sec. 1019. Availability of funds for retirement or inactivation of 
           guided missile cruisers.
Sec. 1020. Review of sustainment key performance parameters for 
           shipbuilding programs.
Sec. 1021. Assessment of security of global maritime chokepoints.
Sec. 1022. Report on acquisition, delivery, and use of mobility assets 
           that enable implementation of expeditionary advanced base 
           operations.

                      Subtitle D--Counterterrorism

Sec. 1031. Inclusion in counterterrorism briefings of information on use 
           of military force in collective self-defense.
Sec. 1032. Extension of prohibition on use of funds for transfer or 
           release of individuals detained at United States Naval 
           Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1033. Extension of prohibition on use of funds for transfer or 
           release of individuals detained at United States Naval 
           Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1034. Extension of prohibition on use of funds to construct or 
           modify facilities in the United States to house detainees 
           transferred from United States Naval Station, Guantanamo Bay, 
           Cuba.

[[Page 135 STAT. 1552]]

Sec. 1035. Extension of prohibition on use of funds to close or 
           relinquish control of United States Naval Station, Guantanamo 
           Bay, Cuba.
Sec. 1036. Report on medical care provided to detainees at United States 
           Naval Station, Guantanamo Bay, Cuba.

          Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1041. Congressional oversight of alternative compensatory control 
           measures.
Sec. 1042. Modification of notification requirements for sensitive 
           military operations.
Sec. 1043. Authority to provide space and services to military welfare 
           societies.
Sec. 1044. Congressional notification of significant Army force 
           structure changes.
Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as 
           posse comitatus.
Sec. 1046. Comparative testing reports for certain aircraft.
Sec. 1047. Special operations forces joint operating concept for 
           competition and conflict.
Sec. 1048. Limitation on availability of certain funding for operation 
           and maintenance.
Sec. 1049. Limitation on use of certain funds pending submission of 
           report, strategy, and posture review relating to information 
           environment.
Sec. 1050. Briefing by Comptroller General and limitation on use of 
           funds pending compliance with requirement for independent 
           studies regarding potential cost savings.
Sec. 1051. Survey on relations between members of the Armed Forces and 
           military communities.
Sec. 1052. Limitation on use of funds pending compliance with certain 
           statutory reporting requirements.
Sec. 1053. Navy coordination with Coast Guard and Space Force on 
           aircraft, weapons, tactics, technique, organization, and 
           equipment of joint concern.

                     Subtitle F--Studies and Reports

Sec. 1061. Inclusion of support services for Gold Star families in 
           quadrennial quality of life review.
Sec. 1062. Public availability of semi-annual summaries of reports.
Sec. 1063. Extension of reporting requirement regarding enhancement of 
           information sharing and coordination of military training 
           between Department Of Homeland Security and Department Of 
           Defense.
Sec. 1064. Continuation of certain Department of Defense reporting 
           requirements.
Sec. 1065. Updated review and enhancement of existing authorities for 
           using Air Force and Air National Guard modular airborne fire-
           fighting systems and other Department of Defense assets to 
           fight wildfires.
Sec. 1066. Geographic combatant command risk assessment of Air Force 
           airborne intelligence, surveillance, and reconnaissance 
           modernization plan.
Sec. 1067. Biennial assessments of Air Force Test Center.
Sec. 1068. Report on 2019 World Military Games.
Sec. 1069. Reports on oversight of Afghanistan.
Sec. 1070. Study and report on Department of Defense excess personal 
           property program.
Sec. 1071. Optimization of Irregular Warfare Technical Support 
           Directorate.
Sec. 1072. Assessment of requirements for and management of Army three-
           dimensional geospatial data.
Sec. 1073. Required review of Department of Defense unmanned aircraft 
           systems categorization.
Sec. 1074. Annual report and briefing on Global Force Management 
           Allocation Plan.
Sec. 1075. Report on World War I and Korean War era Superfund 
           facilities.
Sec. 1076. Report on implementation of irregular warfare strategy.
Sec. 1077. Study on providing end-to-end electronic voting services for 
           absent uniformed services voters in locations with limited or 
           immature postal service.
Sec. 1078. Report on Air Force strategy for acquisition of combat rescue 
           aircraft and equipment.

                        Subtitle G--Other Matters

Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Modification to Regional Centers for Security Studies.
Sec. 1083. Improvement of transparency and congressional oversight of 
           civil reserve air fleet.
Sec. 1084. Observance of National Atomic Veterans Day.
Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation 
           Operations.
Sec. 1086. National Museum of the Surface Navy.

[[Page 135 STAT. 1553]]

Sec. 1087. Authorization for memorial for members of the Armed Forces 
           killed in attack on Hamid Karzai International Airport.
Sec. 1088. Treatment of operational data from Afghanistan.
Sec. 1089. Responsibilities for national mobilization; personnel 
           requirements.
Sec. 1090. Independent assessment with respect to Arctic region.
Sec. 1091. National Security Commission on Emerging Biotechnology.
Sec. 1092. Quarterly security briefings on Afghanistan.
Sec. 1093. Transition of funding for non-conventional assisted recovery 
           capabilities.
Sec. 1094. Afghanistan War Commission Act of 2021.
Sec. 1095. Commission on the National Defense Strategy.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Amendment to diversity and inclusion reporting.
Sec. 1102. Civilian personnel management.
Sec. 1103. Modification of temporary authority to appoint retired 
           members of the armed forces to positions in the Department of 
           Defense.
Sec. 1104. Authority to employ civilian faculty members at the Defense 
           Institute of International Legal Studies.
Sec. 1105. Consideration of employee performance in reductions in force 
           for civilian positions in the Department of Defense.
Sec. 1106. Repeal of 2-year probationary period.
Sec. 1107. Modification of DARPA personnel management authority to 
           attract science and engineering experts.
Sec. 1108. Expansion of rate of overtime pay authority for Department of 
           the Navy employees performing work overseas on naval vessels.
Sec. 1109. Repeal of crediting amounts received against pay of Federal 
           employee or DC employee serving as a member of the National 
           Guard of the District of Columbia.
Sec. 1110. Treatment of hours worked under a qualified trade-of-time 
           arrangement.
Sec. 1111. Parental bereavement leave.
Sec. 1112. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1113. Extension of authority for temporary personnel flexibilities 
           for Domestic Defense Industrial Base Facilities and Major 
           Range and Test Facilities Base civilian personnel.
Sec. 1114. One-year extension of temporary authority to grant 
           allowances, benefits, and gratuities to civilian personnel on 
           official duty in a combat zone.
Sec. 1115. Assessment of Accelerated Promotion Program suspension.
Sec. 1116. Increase in allowance based on duty at remote worksites.
Sec. 1117. Enhancement of recusal for conflicts of personal interest 
           requirements for Department of Defense officers and 
           employees.
Sec. 1118. Occupational series for digital career fields.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Administrative support and payment of certain expenses for 
           covered foreign defense personnel.
Sec. 1202. Authority for certain reimbursable interchange of supplies 
           and services.
Sec. 1203. Extension of support of special operations for irregular 
           warfare.
Sec. 1204. Modification and extension of biennial Comptroller General of 
           the United States audits of programs to build the capacity of 
           foreign security forces.
Sec. 1205. Temporary authority to pay for travel and subsistence 
           expenses of foreign national security forces participating in 
           the training program of the United States-Colombia Action 
           Plan for Regional Security.
Sec. 1206. Security cooperation strategy for certain combatant commands.
Sec. 1207. Report on security cooperation programs.

        Subtitle B--Matters Relating to Afghanistan and Pakistan

Sec. 1211. Sense of Congress on the service of United States Armed 
           Forces servicemembers in Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of 
           certain coalition nations for support provided to United 
           States military operations.
Sec. 1213. Prohibition on transfer of Department of Defense funds or 
           resources to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban or the 
           Islamic Emirate of Afghanistan.
Sec. 1215. Prohibition on removal of publicly available accountings of 
           military assistance provided to the Afghan security forces.

[[Page 135 STAT. 1554]]

Sec. 1216. Joint report on using the synchronized predeployment and 
           operational tracker (spot) database to verify Afghan SIV 
           applicant information.
Sec. 1217. Report and briefing on United States equipment, property, and 
           classified material that was destroyed or abandoned in the 
           withdrawal from Afghanistan.

          Subtitle C--Matters Relating to Syria, Iraq, and Iran

Sec. 1221. Extension and modification of authority to provide assistance 
           to vetted Syrian groups and individuals.
Sec. 1222. Defense and diplomatic strategy for Syria.
Sec. 1223. Extension and modification of authority to provide assistance 
           to counter the Islamic State of Iraq and Syria.
Sec. 1224. Extension and modification of authority to support operations 
           and activities of the Office of Security Cooperation in Iraq.
Sec. 1225. Prohibition on transfers to Badr Organization.
Sec. 1226. Prohibition on transfers to Iran.
Sec. 1227. Report on the military capabilities of Iran and related 
           activities.
Sec. 1228. Sense of Congress on enrichment of uranium by Iran.

                 Subtitle D--Matters Relating to Russia

Sec. 1231. Extension of limitation on military cooperation between the 
           United States and the Russian Federation.
Sec. 1232. Extension of Ukraine Security Assistance Initiative.
Sec. 1233. Extension of authority for training for Eastern European 
           national security forces in the course of multilateral 
           exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty 
           of the Russian Federation over Crimea.
Sec. 1235. Report on Russian influence operations and campaigns 
           targeting military alliances and partnerships of which the 
           United States is a member.

         Subtitle E--Matters Relating to the Indo-Pacific Region

Sec. 1241. Extension and modification of Indo-Pacific Maritime Security 
           Initiative.
Sec. 1242. Extension and modification of Pacific Deterrence Initiative.
Sec. 1243. Modification of annual report on military and security 
           developments involving the People's Republic of China.
Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin 
           cleanup.
Sec. 1245. Cooperative program with Vietnam to account for Vietnamese 
           personnel missing in action.
Sec. 1246. Sense of Congress on Taiwan defense relations.
Sec. 1247. Statement of policy on Taiwan.
Sec. 1248. Annual report on Taiwan asymmetric capabilities and 
           intelligence support.
Sec. 1249. Feasibility briefing on cooperation between the National 
           Guard and Taiwan.
Sec. 1250. Feasibility report on establishing military-to-military 
           crisis communications capabilities.
Sec. 1251. Comparative analyses and reports on efforts by the United 
           States and the People's Republic of China to advance critical 
           modernization technology with respect to military 
           applications.
Sec. 1252. Sense of congress on defense alliances and partnerships in 
           the Indo-Pacific region.

          TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS

             Subtitle A--Matters Relating to Europe and NATO

Sec. 1301. Sense of Congress on North Atlantic Treaty Organization 
           allies and partners.
Sec. 1302. Report on Armenia-Azerbaijan conflict.
Sec. 1303. Report on the state of United States military investment in 
           Europe, including the European Deterrence Initiative.

    Subtitle B--United States-Greece Defense and Interparliamentary 
                         Partnership Act of 2021

Sec. 1311. Sense of Congress.
Sec. 1312. Funding for the European Recapitalization Incentive Program.
Sec. 1313. Sense of Congress on loan program.
Sec. 1314. Sense of Congress on transfer of F-35 Joint Strike Fighter 
           aircraft to Greece.
Sec. 1315. IMET cooperation with Greece.
Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 
           Interparliamentary Group.

[[Page 135 STAT. 1555]]

Sec. 1317. Appropriate congressional committees.

             Subtitle C--Security Cooperation and Assistance

Sec. 1321. Clarification of requirements for contributions by 
           participants in the American, British, Canadian, and 
           Australian Armies' Program.
Sec. 1322. Foreign Area Officer assessment and review.
Sec. 1323. Study on certain security cooperation programs.
Sec. 1324. Notification relating to overseas humanitarian, disaster, and 
           civic aid funds obligated in support of operation allies 
           welcome.

                        Subtitle D--Other Matters

Sec. 1331. Extension and modification of authority for certain payments 
           to redress injury and loss.
Sec. 1332. Secretary of Defense Strategic Competition Initiative.
Sec. 1333. Extension and modification of Department of Defense support 
           for stabilization activities in national security interest of 
           the United States.
Sec. 1334. Pilot program to support the implementation of the Women, 
           Peace, and Security act of 2017.
Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty 
           sensors.
Sec. 1336. Security assistance in Northern Triangle countries.
Sec. 1337. Report on human rights in Colombia.
Sec. 1338. Report on efforts by the People's Republic of China to expand 
           its presence and influence in Latin America and the 
           Caribbean.
Sec. 1339. Extension of prohibition on in-flight refueling to non-United 
           States aircraft that engage in hostilities in the ongoing 
           civil war in Yemen.
Sec. 1340. Statement of policy and report on Yemen.
Sec. 1341. Limitation on support to military forces of the Kingdom of 
           Morocco for multilateral exercises.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.

                        Subtitle B--Other Matters

Sec. 1411. Acquisition of strategic and critical materials from the 
           national technology and industrial base.
Sec. 1412. Authorization to loan materials in National Defense 
           Stockpile.
Sec. 1413. Authority for transfer of funds to joint Department of 
           Defense-Department of Veterans Affairs Medical Facility 
           Demonstration Fund for Captain James A. Lovell Health Care 
           Center, Illinois.
Sec. 1414. Authorization of appropriations for Armed Forces Retirement 
           Home.

                  TITLE XV--CYBERSPACE-RELATED MATTERS

    Subtitle A--Matters Related to Cyber Operations and Cyber Forces

Sec. 1501. Development of taxonomy of cyber capabilities.
Sec. 1502. Extension of sunset for pilot program on regional 
           cybersecurity training center for the Army National Guard.
Sec. 1503. Modification of the Principal Cyber Advisor.
Sec. 1504.  Evaluation of Department of Defense cyber governance.
Sec. 1505. Operational technology and mission-relevant terrain in 
           cyberspace.
Sec. 1506. Matters concerning cyber personnel requirements.
Sec. 1507. Assignment of certain budget control responsibilities to 
           commander of United States Cyber Command.
Sec. 1508. Coordination between United States Cyber Command and private 
           sector.
Sec. 1509. Assessment of cyber posture and operational assumptions and 
           development of targeting strategies and supporting 
           capabilities.
Sec. 1510. Assessing capabilities to counter adversary use of 
           ransomware, capabilities, and infrastructure.
Sec. 1511. Comparative analysis of cybersecurity capabilities.
Sec. 1512. Eligibility of owners and operators of critical 
           infrastructure to receive certain Department of Defense 
           support and services.
Sec. 1513. Report on potential Department of Defense support and 
           assistance for increasing the awareness of the Cybersecurity 
           and Infrastructure Security Agency of cyber threats and 
           vulnerabilities affecting critical infrastructure.

[[Page 135 STAT. 1556]]

 Subtitle B--Matters Related to Department of Defense Cybersecurity and 
                         Information Technology

Sec. 1521. Enterprise-wide procurement of cyber data products and 
           services.
Sec. 1522. Legacy information technologies and systems accountability.
Sec. 1523. Update relating to responsibilities of Chief Information 
           Officer.
Sec. 1524. Protective Domain Name System within the Department of 
           Defense.
Sec. 1525. Cybersecurity of weapon systems.
Sec. 1526. Assessment of controlled unclassified information program.
Sec. 1527. Cyber data management.
Sec. 1528. Zero trust strategy, principles, model architecture, and 
           implementation plans.
Sec. 1529. Demonstration program for automated security validation 
           tools.
Sec. 1530. Improvements to consortium of universities to advise 
           Secretary of Defense on cybersecurity matters.
Sec. 1531. Digital development infrastructure plan and working group.
Sec. 1532. Study regarding establishment within the Department of 
           Defense of a designated central program office to oversee 
           academic engagement programs relating to establishing cyber 
           talent across the Department.
Sec. 1533. Report on the Cybersecurity Maturity Model Certification 
           program.
Sec. 1534. Deadline for reports on assessment of cyber resiliency of 
           nuclear command and control system.

          Subtitle C--Matters Related to Federal Cybersecurity

Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security 
           Agency to identify threats to industrial control systems.
Sec. 1542. Cybersecurity vulnerabilities.
Sec. 1543. Report on cybersecurity vulnerabilities.
Sec. 1544. Competition relating to cybersecurity vulnerabilities.
Sec. 1545. Strategy.
Sec. 1546. Cyber incident response plan.
Sec. 1547. National cyber exercise program.
Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure 
           Security Agency.
Sec. 1549. Strategic assessment relating to innovation of information 
           systems and cybersecurity threats.
Sec. 1550. Pilot program on public-private partnerships with internet 
           ecosystem companies to detect and disrupt adversary cyber 
           operations.
Sec. 1551. United States-Israel cybersecurity cooperation.
Sec. 1552. Authority for National Cyber Director to accept details on 
           nonreimbursable basis.

   TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE 
                                 MATTERS

                      Subtitle A--Space Activities

Sec. 1601. National security space launch program.
Sec. 1602. Redesignation of Space Force Acquisition Council; 
           modifications relating to Assistant Secretary of the Air 
           Force for Space Acquisition and Integration.
Sec. 1603. Delegation of Authorities to Space Development Agency.
Sec. 1604. Extension and modification of Council on Oversight of the 
           Department of Defense Positioning, Navigation, and Timing 
           Enterprise.
Sec. 1605. Improvements to tactically responsive space launch program.
Sec. 1606. Clarification of domestic services and capabilities in 
           leveraging commercial satellite remote sensing.
Sec. 1607. Programs of record of Space Force and commercial 
           capabilities.
Sec. 1608. Extension and modification of certifications regarding 
           integrated tactical warning and attack assessment mission of 
           the Air Force.
Sec. 1609. Classification review of programs of the Space Force.
Sec. 1610. Report on Range of the Future initiative of the Space Force.
Sec. 1611. Space policy review.
Sec. 1612. Annual briefing on threats to space operations.
Sec. 1613. National Security Council briefing on potential harmful 
           interference to Global Positioning System.
Sec. 1614. Non-geostationary orbit satellite constellations.
Sec. 1615. Briefing on prototype program for multiglobal navigation 
           satellite system receiver development.

  Subtitle B--Defense Intelligence and Intelligence-Related Activities

Sec. 1621. Notification of certain threats to United States Armed Forces 
           by foreign governments.

[[Page 135 STAT. 1557]]

Sec. 1622. Strategy and plan to implement certain defense intelligence 
           reforms.
Sec. 1623. Annual briefing by Director of the Defense Intelligence 
           Agency on electronic warfare threat to operations of the 
           Department of Defense.
Sec. 1624. Report on explosive ordnance intelligence matters.

                       Subtitle C--Nuclear Forces

Sec. 1631. Participation in United States Strategic Command strategic 
           deterrence exercises.
Sec. 1632. Modification to requirements relating to nuclear force 
           reductions.
Sec. 1633. Modifications to requirements relating to unilateral changes 
           in nuclear weapons stockpile of the United States.
Sec. 1634. Deadline for reports on modification of force structure for 
           strategic nuclear weapons delivery systems.
Sec. 1635. Modification of deadline for notifications relating to 
           reduction, consolidation, or withdrawal of nuclear forces 
           based in Europe.
Sec. 1636. Procurement authority for certain parts of the ground-based 
           strategic deterrent cryptographic device.
Sec. 1637. Capability of B-21 bomber aircraft with long-range standoff 
           weapon.
Sec. 1638. Mission-design series popular name for ground-based strategic 
           deterrent.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic 
           missiles of the United States.
Sec. 1640. Limitation on availability of certain funds until submission 
           of information relating to proposed budget for nuclear-armed 
           sea-launched cruise missile.
Sec. 1641. Limitation on availability of certain funds until submission 
           of information relating to nuclear-armed sea-launched cruise 
           missile.
Sec. 1642. Annual certification on readiness of Minuteman III 
           intercontinental ballistic missiles.
Sec. 1643. Revised nuclear posture review.
Sec. 1644. Review of safety, security, and reliability of nuclear 
           weapons and related systems.
Sec. 1645. Long-range standoff weapon.
Sec. 1646. Ground-based strategic deterrent development program 
           accountability matrices.
Sec. 1647. Information regarding review of Minuteman III service life 
           extension program or options for the future of the 
           intercontinental ballistic missile force.
Sec. 1648. Notification regarding intercontinental ballistic missiles of 
           China.
Sec. 1649. Independent review of nuclear command, control, and 
           communications system.
Sec. 1650. Review of engineering and manufacturing development contract 
           for ground-based strategic deterrent program.
Sec. 1651. Report on re-alerting long-range bombers.
Sec. 1652. Comptroller General study and updated report on nuclear 
           weapons capabilities and force structure requirements.
Sec. 1653. Briefing on consultations with United States allies regarding 
           Nuclear Posture Review.

                  Subtitle D--Missile Defense Programs

Sec. 1661. Notification of changes to non-standard acquisition and 
           requirements processes and responsibilities of Missile 
           Defense Agency.
Sec. 1662. Limitation on Missile Defense Agency production of satellites 
           and ground systems associated with operation of such 
           satellites.
Sec. 1663. Extension of period for transition of ballistic missile 
           defense programs to military departments.
Sec. 1664. Directed energy programs for ballistic and hypersonic missile 
           defense.
Sec. 1665. Guam integrated air and missile defense system.
Sec. 1666. Missile defense radar in Hawaii.
Sec. 1667. Certification required for Russia and China to tour certain 
           missile defense sites.
Sec. 1668. Next generation interceptors for missile defense of the 
           United States homeland.
Sec. 1669. Iron Dome short-range rocket defense system and Israeli 
           cooperative missile defense program co-development and co-
           production.
Sec. 1670. Update of study on discrimination capabilities of the 
           ballistic missile defense system.
Sec. 1671. Semiannual updates on meetings held by the Missile Defense 
           Executive Board.
Sec. 1672. Matters regarding Integrated Deterrence Review.
Sec. 1673. Semiannual notifications regarding missile defense tests and 
           costs.
Sec. 1674. Report on senior leadership of Missile Defense Agency.

[[Page 135 STAT. 1558]]

Sec. 1675. Independent study of roles and responsibilities of Department 
           of Defense components relating to missile defense.

                        Subtitle E--Other Matters

Sec. 1681. Cooperative threat reduction funds.
Sec. 1682. Modification to estimate of damages from Federal 
           Communications Commission Order 20-48.
Sec. 1683. Establishment of office, organizational structure, and 
           authorities to address unidentified aerial phenomena.
Sec. 1684. Determination on certain activities with unusually hazardous 
           risks.
Sec. 1685. Study by Public Interest Declassification Board relating to 
           certain tests in the Marshall Islands.
Sec. 1686. Protection of Major Range and Test Facility Base.
Sec. 1687. Congressional Commission on the Strategic Posture of the 
           United States.

      TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND 
             REORGANIZATION OF DEFENSE ACQUISITION STATUTES

Sec. 1701. Technical, conforming, and clerical amendments related to 
           title XVIII of the Fiscal Year 2021 NDAA.
Sec. 1702. Conforming cross reference technical amendments related to 
           the transfer and reorganization of defense acquisition 
           statutes.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be 
           specified by law.
Sec. 2003. Effective date and automatic execution of conforming changes 
           to tables of sections, tables of contents, and similar 
           tabular entries.

                  TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out certain fiscal year 2017 
           project.
Sec. 2105. Additional authority to carry out fiscal year 2018 project at 
           Fort Bliss, Texas.
Sec. 2106. Modification of authority to carry out certain fiscal year 
           2021 project.
Sec. 2107. Additional authorized funding source for certain fiscal year 
           2022 project.

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.

              TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017 
           projects.
Sec. 2305. Modification of authority to carry out military construction 
           projects at Tyndall Air Force Base, Florida.

           TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

Sec. 2401. Authorized Defense Agencies construction and land acquisition 
           projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment 
           Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension and modification of authority to carry out certain 
           fiscal years 2017 and 2019 projects.

                    TITLE XXV--INTERNATIONAL PROGRAMS

   Subtitle A--North Atlantic Treaty Organization Security Investment 
                                 Program

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

             Subtitle B--Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

[[Page 135 STAT. 1559]]

Sec. 2512. Republic of Poland funded construction projects.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
           acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
           projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
           and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
           acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
           acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and 
           closure activities funded through Department of Defense Base 
           Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and 
           closure (BRAC) round.
Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical 
           Depot and Chemical Agent-Destruction Pilot Plant, Colorado.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

            Subtitle A--Military Construction Program Changes

Sec. 2801. Public availability of information on Facilities Sustainment, 
           Restoration, and Modernization projects.
Sec. 2802. Limitations on authorized cost and scope of work variations.
Sec. 2803. Department of Defense stormwater management projects for 
           military installations and defense access roads.
Sec. 2804. Use of amounts available for operation and maintenance in 
           carrying out military construction projects for energy 
           resilience, energy security, or energy conservation.
Sec. 2805. Flood risk management for military construction.
Sec. 2806. Modification and extension of temporary, limited authority to 
           use operation and maintenance funds for construction projects 
           in certain areas outside the United States.

          Subtitle B--Continuation of Military Housing Reforms

Sec. 2811. Modification of calculation of military housing contractor 
           pay for privatized military housing.
Sec. 2812. Applicability of window fall prevention requirements to all 
           military family housing whether privatized or Government-
           owned and Government-controlled.
Sec. 2813. Applicability of disability laws to privatized military 
           housing units and clarification of prohibition against 
           collection from tenants of amounts in addition to rent.
Sec. 2814. Required investments in improving military unaccompanied 
           housing.
Sec. 2815. Improvement of security of lodging and living spaces on 
           military installations.
Sec. 2816. Improvement of Department of Defense child development 
           centers and increased availability of child care for children 
           of military personnel.

         Subtitle C--Real Property and Facilities Administration

Sec. 2821. Secretary of the Navy authority to support development and 
           operation of National Museum of the United States Navy.
Sec. 2822. Expansion of Secretary of the Navy authority to lease and 
           license United States Navy museum facilities to generate 
           revenue to support museum administration and operations.

        Subtitle D--Military Facilities Master Plan Requirements

Sec. 2831. Cooperation with State and local governments in development 
           of master plans for major military installations.
Sec. 2832. Additional changes to requirements regarding master plans for 
           major military installations.
Sec. 2833. Prompt completion of military installation resilience 
           component of master plans for at-risk major military 
           installations.
Sec. 2834. Master plans and investment strategies for Army ammunition 
           plants guiding future infrastructure, facility, and 
           production equipment improvements.

[[Page 135 STAT. 1560]]

Subtitle E--Matters Related to Unified Facilities Criteria and Military 
                    Construction Planning and Design

Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion 
           of private nursing and lactation space in certain military 
           construction projects.
Sec. 2842.  Revisions to Unified Facilities Criteria regarding use of 
           variable refrigerant flow systems.
Sec. 2843. Amendment of Unified Facilities Criteria to promote energy 
           efficient military installations.
Sec. 2844. Additional Department of Defense activities to improve energy 
           resiliency of military installations.

                      Subtitle F--Land Conveyances

Sec. 2851. Modification of restrictions on use of former Navy property 
           conveyed to University of California, San Diego, California.
Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
Sec. 2853. Land conveyance, Saint Joseph, Missouri.
Sec. 2854. Land conveyance, Department of Defense excess property, St. 
           Louis, Missouri.
Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, 
           North Carolina.
Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, 
           Virginia, to City of Virginia Beach, Virginia.
Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, 
           Virginia, to School Board of City of Virginia Beach, 
           Virginia.

                  Subtitle G--Authorized Pilot Programs

Sec. 2861. Pilot program on increased use of sustainable building 
           materials in military construction.
Sec. 2862. Pilot program on establishment of account for reimbursement 
           for use of testing facilities at installations of the 
           Department of the Air Force.

            Subtitle H--Asia-Pacific and Indo-Pacific Issues

Sec. 2871. Improved oversight of certain infrastructure services 
           provided by Naval Facilities Engineering Systems Command 
           Pacific.
Sec. 2872. Annual congressional briefing on renewal of Department of 
           Defense easements and leases of land in Hawai`i.
Sec. 2873. Hawai`i Military Land Use Master Plan.

             Subtitle I--One-Time Reports and Other Matters

Sec. 2881. Clarification of installation and maintenance requirements 
           regarding fire extinguishers in Department of Defense 
           facilities.
Sec. 2882. GAO review and report of military construction contracting at 
           military installations inside the United States.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

        Subtitle A--National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Improvements to cost estimates informing analyses of 
           alternatives.
Sec. 3113. University-based defense nuclear policy collaboration 
           program.
Sec. 3114. Defense environmental cleanup programs.
Sec. 3115. Modification of requirements for certain construction 
           projects.
Sec. 3116. Updates to infrastructure modernization initiative.
Sec. 3117. Extension of authority for appointment of certain scientific, 
           engineering, and technical personnel.
Sec. 3118. Extension of authority for acceptance of contributions for 
           acceleration of removal or security of fissile materials, 
           radiological materials, and related equipment at vulnerable 
           sites worldwide.
Sec. 3119. Extension of enhanced procurement authority to manage supply 
           chain risk.
Sec. 3120. Prohibition on availability of funds to reconvert or retire 
           W76-2 warheads.

[[Page 135 STAT. 1561]]

Sec. 3121. Portfolio management framework for National Nuclear Security 
           Administration.

                  Subtitle C--Reports and Other Matters

Sec. 3131. Modifications to certain reporting requirements.
Sec. 3132. Modification to terminology for reports on financial balances 
           for atomic energy defense activities.
Sec. 3133. Improvements to annual reports on condition of the United 
           States nuclear weapons stockpile.
Sec. 3134. Report on plant-directed research and development.
Sec. 3135. Reports on risks to and gaps in industrial base for nuclear 
           weapons components, subsystems, and materials.
Sec. 3136. Transfer of building located at 4170 Allium Court, 
           Springfield, Ohio.
Sec. 3137. Comprehensive strategy for treating, storing, and disposing 
           of defense nuclear waste resulting from stockpile maintenance 
           and modernization activities.
Sec. 3138. Acquisition of high-performance computing capabilities by 
           National Nuclear Security Administration.
Sec. 3139. Study on the W80-4 nuclear warhead life extension program.
Sec. 3140. Study on Runit Dome and related hazards.
Sec. 3141. Sense of Congress regarding compensation of individuals 
           relating to uranium mining and nuclear testing.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
Sec. 3202. References to Chairperson and Vice Chairperson of Defense 
           Nuclear Facilities Safety Board.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                      TITLE XXXV--MARITIME SECURITY

                   Subtitle A--Maritime Administration

Sec. 3501. Authorization of the Maritime Administration.

                        Subtitle B--Other Matters

Sec. 3511. Effective period for issuance of documentation for 
           recreational vessels.
Sec. 3512. Committees on maritime matters.
Sec. 3513. Port Infrastructure Development Program.
Sec. 3514. Uses of emerging marine technologies and practices.
Sec. 3515. Prohibition on participation of long term charters in Tanker 
           Security Fleet.
Sec. 3516. Coastwise endorsement.
Sec. 3517. Report on efforts of combatant commands to combat threats 
           posed by illegal, unreported, and unregulated fishing.
Sec. 3518. Authorization to purchase duplicate medals.

                       DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

                         TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.

         TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.

                 TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.

                     TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel.

                     TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.

                    TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.

      TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

[[Page 135 STAT. 1562]]

        DIVISION E--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021

Sec. 5001. Short title.
Sec. 5002. Definitions.

    TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE

Sec. 5101. Sense of Congress on importance of Department of State's 
           work.
Sec. 5102. Assistant Secretary for International Narcotics and Law 
           Enforcement Affairs.
Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, 
           and Migration.
Sec. 5104. Office of International Disability Rights.
Sec. 5105. Special appointment authority.
Sec. 5106. Repeal of authority for Special Representative and Policy 
           Coordinator for Burma.
Sec. 5107. Anti-piracy information sharing.
Sec. 5108. Importance of foreign affairs training to national security.
Sec. 5109. Classification and assignment of Foreign Service officers.
Sec. 5110. Reporting on implementation of GAO recommendations.
Sec. 5111. Extension of period for reimbursement of fishermen for costs 
           incurred from the illegal seizure and detention of U.S.-flag 
           fishing vessels by foreign governments.
Sec. 5112. Art in embassies.
Sec. 5113. International fairs and expositions.
Sec. 5114. Amendment or repeal of reporting requirements.

                     TITLE LII--EMBASSY CONSTRUCTION

Sec. 5201. Embassy security, construction, and maintenance.
Sec. 5202. Standard design in capital construction.
Sec. 5203. Capital construction transparency.
Sec. 5204. Contractor performance information.
Sec. 5205. Growth projections for new embassies and consulates.
Sec. 5206. Long-range planning process.
Sec. 5207. Value engineering and risk assessment.
Sec. 5208. Business volume.
Sec. 5209. Embassy security requests and deficiencies.
Sec. 5210. Overseas security briefings.
Sec. 5211. Contracting methods in capital construction.
Sec. 5212. Competition in embassy construction.
Sec. 5213. Statement of policy.
Sec. 5214. Definitions.

                      TITLE LIII--PERSONNEL ISSUES

Sec. 5301. Defense Base Act insurance waivers.
Sec. 5302. Study on Foreign Service allowances.
Sec. 5303. Science and technology fellowships.
Sec. 5304. Travel for separated families.
Sec. 5305. Home leave travel for separated families.
Sec. 5306. Sense of Congress regarding certain fellowship programs.
Sec. 5307. Technical correction.
Sec. 5308. Foreign Service awards.
Sec. 5309. Workforce actions.
Sec. 5310. Sense of Congress regarding veterans employment at the 
           Department of State.
Sec. 5311. Employee assignment restrictions and preclusions.
Sec. 5312. Recall and reemployment of career members.
Sec. 5313. Strategic staffing plan for the Department of State.
Sec. 5314. Consulting services.
Sec. 5315. Incentives for critical posts.
Sec. 5316. Extension of authority for certain accountability review 
           boards.
Sec. 5317. Foreign Service suspension without pay.
Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 5319. Waiver authority for individual occupational requirements of 
           certain positions.
Sec. 5320. Appointment of employees to the Global Engagement Center.
Sec. 5321. Competitive status for certain employees hired by Inspectors 
           General to support the lead IG mission.
Sec. 5322. Report relating to Foreign Service Officer training and 
           development.
Sec. 5323. Cooperation with Office of the Inspector General.
Sec. 5324. Information on educational opportunities for children with 
           special education needs consistent with the Individuals with 
           Disabilities Education Act.

[[Page 135 STAT. 1563]]

Sec. 5325. Implementation of gap memorandum in selection board process.

  TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION

Sec. 5401. Definitions.
Sec. 5402. Exit interviews for workforce.
Sec. 5403. Recruitment and retention.
Sec. 5404. Leadership engagement and accountability.
Sec. 5405. Professional development opportunities and tools.
Sec. 5406. Examination and oral assessment for the Foreign Service.
Sec. 5407. Payne fellowship authorization.
Sec. 5408. Voluntary participation.

                     TITLE LV--INFORMATION SECURITY

Sec. 5501. Definitions.
Sec. 5502. List of certain telecommunications providers.
Sec. 5503. Preserving records of electronic communications.
Sec. 5504. Foreign Relations of the United States (FRUS) series and 
           declassification.

                       TITLE LVI--PUBLIC DIPLOMACY

Sec. 5601. Short title.
Sec. 5602. Avoiding duplication of programs and efforts.
Sec. 5603. Improving research and evaluation of public diplomacy.
Sec. 5604. Permanent reauthorization of the United States Advisory 
           Commission on Public Diplomacy.
Sec. 5605. Streamlining of support functions.
Sec. 5606. Guidance for closure of public diplomacy facilities.
Sec. 5607. Definitions.

                        TITLE LVII--OTHER MATTERS

Sec. 5701. Limitation on assistance to countries in default.
Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return 
           Act of 2014 amendment.
Sec. 5703. Chief of mission concurrence.
Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force.

           DIVISION F--OTHER NON-DEPARTMENT OF DEFENSE MATTERS

                  TITLE LXI--FINANCIAL SERVICES MATTERS

Sec. 6101. FinCEN Exchange.
Sec. 6102. Adverse information in cases of trafficking.
Sec. 6103. Support to enhance the capacity of International Monetary 
           Fund members to evaluate the legal and financial terms of 
           sovereign debt contracts.
Sec. 6104. United States policy on Burma at the International Monetary 
           Fund, the World Bank Group, and the Asian Development Bank.
Sec. 6105. United States policy regarding international financial 
           institution assistance with respect to advanced wireless 
           technologies.
Sec. 6106. Illicit finance improvements.
Sec. 6107. Briefing on delegation of examination authority under the 
           Bank Secrecy Act.

            TITLE LXII--FOREIGN SERVICE FAMILIES ACT OF 2021

Sec. 6201. Short title.
Sec. 6202. Telecommuting opportunities.
Sec. 6203. Employment and education programs for eligible family members 
           of members of the Foreign Service.
Sec. 6204. Briefing on Foreign Service family reserve corps.
Sec. 6205. Treatment of family members seeking positions customarily 
           filled by Foreign Service officers or foreign national 
           employees.
Sec. 6206. In-State tuition rates for members of qualifying Federal 
           service.
Sec. 6207. Termination of residential or motor vehicle leases and 
           telephone service contracts for certain members of the 
           Foreign Service.

  TITLE LXIII--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION 
                            MODERNIZATION ACT

Sec. 6301. Short title.
Sec. 6302. Clarifying amendments to definitions.
Sec. 6303. Barry Goldwater Scholarship and Excellence in Education 
           Awards.

[[Page 135 STAT. 1564]]

Sec. 6304. Stipends.
Sec. 6305. Scholarship and research internship conditions.
Sec. 6306. Sustainable investments of funds.
Sec. 6307. Administrative provisions.

          TITLE LXIV--DEPARTMENT OF HOMELAND SECURITY MEASURES

  Subtitle A--DHS Headquarters, Research and Development, and Related 
                                 Matters

Sec. 6401. Employee engagement steering committee and action plan.
Sec. 6402. Annual employee award program.
Sec. 6403. Chief Human Capital Officer responsibilities.
Sec. 6404. Independent investigation and implementation plan.
Sec. 6405. Authorization of the acquisition professional career program.
Sec. 6406. National urban security technology laboratory.
Sec. 6407. Department of Homeland Security Blue Campaign enhancement.
Sec. 6408. Medical countermeasures program.
Sec. 6409. Critical domain research and development.
Sec. 6410. CBP Donations Acceptance Program Reauthorization.

                   Subtitle B--Transportation Security

Sec. 6411. Survey of the Transportation Security Administration 
           workforce regarding COVID-19 response.
Sec. 6412. Transportation Security Preparedness Plan.
Sec. 6413. Authorization of Transportation Security Administration 
           personnel details.
Sec. 6414. Transportation Security Administration preparedness.
Sec. 6415. Plan to reduce the spread of coronavirus at passenger 
           screening checkpoints.
Sec. 6416. Comptroller General review of Department of Homeland Security 
           trusted traveler programs.
Sec. 6417. Enrollment redress with respect to Department of Homeland 
           Security trusted traveler programs.
Sec. 6418. Threat information sharing.
Sec. 6419. Local law enforcement security training.
Sec. 6420. Allowable uses of funds for public transportation security 
           assistance grants.
Sec. 6421. Periods of performance for public transportation security 
           assistance grants.
Sec. 6422. GAO review of public transportation security assistance grant 
           program.
Sec. 6423. Sensitive security information; aviation security.

          TITLE LXV--OTHER MATTERS RELATING TO FOREIGN AFFAIRS

Sec. 6501. Authorization for United States Participation in the 
           Coalition for Epidemic Preparedness Innovations.
Sec. 6502. Required notification and reports related to Peacekeeping 
           Operations account.
Sec. 6503. Transnational Repression Accountability and Prevention.
Sec. 6504. Human rights awareness for American athletic delegations.
Sec. 6505. Cooperation between the United States and Ukraine regarding 
           the titanium industry.
Sec. 6506. Updates to the National Strategy for Combating Terrorist and 
           Other Illicit Financing.
Sec. 6507. Report on net worth of Syrian President Bashar al-Assad.
Sec. 6508. Annual report on United States policy toward South Sudan.
Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN.
Sec. 6510. Supporting democracy in Burma.
Sec. 6511. United States Grand Strategy with respect to China.

                        TITLE LXVI--OTHER MATTERS

Sec. 6601. Eligibility of certain individuals who served with special 
           guerrilla units or irregular forces in Laos for interment in 
           national cemeteries.
Sec. 6602. Expansion of scope of Department of Veterans Affairs open 
           burn pit registry to include open burn pits in Egypt and 
           Syria.
Sec. 6603. Anomalous health incidents interagency coordinator.
Sec. 6604. Chief Human Capital Officers Council annual report.
Sec. 6605. National Global War on Terrorism Memorial.
Sec. 6606. Establishment of Subcommittee on the Economic and Security 
           Implications of Quantum Information Science.
Sec. 6607. Study and report on the redistribution of COVID-19 vaccine 
           doses that would otherwise expire to foreign countries and 
           economies.
Sec. 6608. Catawba Indian Nation lands.

[[Page 135 STAT. 1565]]

Sec. 6609. Property disposition for affordable housing.
Sec. 6610. Blocking deadly fentanyl imports.

SEC. 3. >  CONGRESSIONAL 
                    DEFENSE COMMITTEES.

    In this Act, the term ``congressional defense committees'' has the 
meaning given that term in section 101(a)(16) of title 10, United States 
Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, jointly submitted for printing in the 
Congressional Record by the Chairmen of the House and Senate Budget 
Committees, provided that such statement has been submitted prior to the 
vote on passage in the House acting first on the conference report or 
amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.

    The explanatory statement regarding this Act, printed in the House 
section of the Congressional Record on or about December 8, 2021, by the 
Chairman of the Committee on Armed Services of the House of 
Representatives and the Chairman of the Committee on Armed Services of 
the Senate, shall have the same effect with respect to the 
implementation of this Act as if it were a joint explanatory statement 
of a committee of conference.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Modification of deployment by the Army of interim cruise 
           missile defense capability.
Sec. 112. Multiyear procurement authority for AH-64E Apache helicopters.
Sec. 113. Multiyear procurement authority for UH-60M and HH-60M Black 
           Hawk helicopters.
Sec. 114. Continuation of Soldier Enhancement Program.
Sec. 115. Limitation on availability of funds pending report on the 
           Integrated Visual Augmentation System.
Sec. 116. Strategy and authority for the procurement of components for 
           the next generation squad weapon.

                        Subtitle C--Navy Programs

Sec. 121. Extension of procurement authority for certain amphibious 
           shipbuilding programs.
Sec. 122. Extension of prohibition on availability of funds for Navy 
           port waterborne security barriers.
Sec. 123. Extension of report on Littoral Combat Ship mission packages.
Sec. 124. Incorporation of advanced degaussing systems into Arleigh 
           Burke class destroyers.
Sec. 125. Report on the potential benefits of a multiyear contract for 
           the procurement of Flight III Arleigh Burke class destroyers.
Sec. 126. Acquisition, modernization, and sustainment plan for carrier 
           air wings.
Sec. 127. Report on material readiness of Virginia class submarines of 
           the Navy.

                     Subtitle D--Air Force Programs

Sec. 131. Extension of inventory requirement for Air Force fighter 
           aircraft.

[[Page 135 STAT. 1566]]

Sec. 132. Contract for logistics support for VC-25B aircraft.
Sec. 133. Prohibition on certain reductions to B-1 bomber aircraft 
           squadrons.
Sec. 134. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 135. Limitation on availability of funds for the B-52 Commercial 
           Engine Replacement Program.
Sec. 136. Limitation on availability of funds pending information on 
           bridge tanker aircraft.
Sec. 137. Inventory requirements and limitations relating to certain air 
           refueling tanker aircraft.
Sec. 138. Minimum inventory of tactical airlift aircraft.
Sec. 139. Report relating to reduction of total number of tactical 
           airlift aircraft.

        Subtitle E--Defense-wide, Joint, and Multiservice Matters

Sec. 141. Implementation of affordability, operational, and sustainment 
           cost constraints for the F-35 aircraft program.
Sec. 142. Transfer of F-35 program responsibilities from the F-35 Joint 
           Program Office to the Department of the Air Force and the 
           Department of the Navy.
Sec. 143. Limitation on availability of funds for air-based and space-
           based ground moving target indicator capabilities.
Sec. 144. Limitation on availability of funds for procurement of 
           aircraft systems for the armed overwatch program.
Sec. 145. Analysis of certain radar investment options.
Sec. 146. Review and briefing on fielded major weapon systems.
Sec. 147. Reports on exercise of waiver authority with respect to 
           certain aircraft ejection seats.

               Subtitle A--Authorization of Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2022 
for procurement for the Army, the Navy and the Marine Corps, the Air 
Force and the Space Force, and Defense-wide activities, as specified in 
the funding table in section 4101.

                        Subtitle B--Army Programs

SEC. 111. MODIFICATION OF DEPLOYMENT BY THE ARMY OF INTERIM CRUISE 
                        MISSILE DEFENSE CAPABILITY.

    Section 112(b) of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1660), as 
amended by section 111(b) of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), >  is further amended--
            (1) >  in paragraph (1), by striking 
        ``shall deploy the capability as follows:'' and all that follows 
        through the period at the end and inserting ``shall deploy two 
        batteries of the capability by not later than September 30, 
        2020.'';
            (2) in paragraph (2)--
                    (A) in the paragraph heading, by striking 
                ``deadlines'' and inserting ``deadline'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``deadlines'' and inserting ``deadline'';
                    (C) in subparagraph (F), by adding ``and'' at the 
                end;
                    (D) by striking subparagraph (G); and
                    (E) by redesignating subparagraph (H) as 
                subparagraph (G); and
            (3) >  in paragraph (4), by striking 
        ``deadlines specified in paragraph (1):'' and all that follows 
        through the period at

[[Page 135 STAT. 1567]]

        the end and inserting ``deadline specified in paragraph (1) if 
        the Secretary determines that sufficient funds have not been 
        appropriated to enable the Secretary to meet such deadline.''.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64E APACHE 
                        HELICOPTERS.

    (a) >  Authority for Multiyear 
Procurement.--Subject to section 2306b of title 10, United States Code, 
the Secretary of the Army may enter into one or more multiyear 
contracts, beginning with the fiscal year 2022 program year, for the 
procurement of AH-64E Apache helicopters.

    (b) Condition for Out-year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2022 is subject to the availability of appropriations 
for that purpose for such later fiscal year.
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M AND HH-60M 
                        BLACK HAWK HELICOPTERS.

    (a) >  Authority for Multiyear 
Procurement.--Subject to section 2306b of title 10, United States Code, 
the Secretary of the Army may enter into one or more multiyear 
contracts, beginning with the fiscal year 2022 program year, for the 
procurement of UH-60M and HH-60M Black Hawk helicopters.

    (b) Condition for Out-year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2022 is subject to the availability of appropriations 
for that purpose for such later fiscal year.
SEC. 114. >  CONTINUATION OF 
                        SOLDIER ENHANCEMENT PROGRAM.

    (a) Requirement to Continue Program.--The Secretary of the Army, 
acting through the Assistant Secretary of the Army for Acquisition, 
Logistics, and Technology in accordance with subsection (b), shall 
continue to carry out the Soldier Enhancement Program established 
pursuant to section 203 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Sat. 1394).
    (b) > Responsible Official.--The Secretary of 
the Army shall designate the Assistant Secretary of the Army for 
Acquisition, Logistics, and Technology as the official in the Department 
of the Army with principal responsibility for the management of the 
Soldier Enhancement Program under subsection (a).

    (c) Duties.--The duties of the Soldier Enhancement Program shall 
include the identification, research, development, test, and evaluation 
of commercially available off-the-shelf items (as defined in section 104 
of title 41, United States Code) and software applications to accelerate 
the efforts of the Army to integrate, modernize, and enhance weapons and 
equipment for use by Army soldiers, including--
            (1) lighter, more lethal weapons; and
            (2) support equipment, including lighter, more comfortable 
        load-bearing equipment, field gear, combat clothing, 
        survivability items, communications equipment, navigational 
        aids, night vision devices, tactical power, sensors, and lasers.

[[Page 135 STAT. 1568]]

SEC. 115. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT ON 
                        THE INTEGRATED VISUAL AUGMENTATION SYSTEM.

    (a) >  Limitation.--Of the funds authorized 
to be appropriated by this Act or otherwise made available for fiscal 
year 2022 for the Army for procurement for the Integrated Visual 
Augmentation System, not more than 75 percent may be obligated or 
expended until the date on which the Secretary of the Army submits to 
the congressional defense committees the report required under 
subsection (b).

    (b) Report Required.--
            (1) In general.--Not later than the date specified in 
        paragraph (3), the Secretary of the Army shall submit to the 
        congressional defense committees a report on the Integrated 
        Visual Augmentation System of the Army.
            (2) >  Elements.--The report required by 
        paragraph (1) shall include the following:
                    (A) >  A certification from 
                the Secretary of the Army that the Integrated Visual 
                Augmentation System is sufficiently reliable to meet 
                operational needs for mean time between failure to 
                support planned operational mission profiles.
                    (B) >  A certification from 
                the Secretary of the Army that the tactical network is 
                sufficiently suitable and reliable to support the 
                operational employment of the System, including the 
                System's ability to integrate into command networks.
                    (C)(i) >  A certification 
                from the Secretary of the Army that the duration of the 
                System's battery power is suitable and reliable enough 
                to meet planned operational mission requirements.
                    (ii) A plan to ensure the battery management of the 
                System meets such requirements.
                    (D) A plan to enable the System to display position 
                location and identification information for adjacent 
                units, non-System-equipped platforms, and soldiers.
                    (E) A plan, including critical milestones, to 
                achieve certified three-dimensional geospatial data 
                within the System for dynamic and precision targeting.
                    (F) A basis-of-issue plan based on lessons from the 
                developmental and operational testing of the System.
                    (G) A plan for iterative improvements to sensors, 
                software, and form factor throughout production and 
                procurement of the System.
                    (H) Any other matters that the Secretary considers 
                relevant to the full understanding of the status of and 
                plan for the System.
            (3) >  Date specified.--The date specified 
        in this paragraph is a date selected by the Secretary of the 
        Army that is not later than 60 days after the date on which 
        initial operational testing of the Integrated Visual 
        Augmentation System of the Army has been completed.

    (c) >  Assessment Required.--Not later than 60 
days after the date on which the Secretary of the Army submits the 
report required under subsection (b), the Director of Operational Test 
and Evaluation shall submit to the congressional defense committees an 
assessment of the validity, reliability, and objectivity of the report 
with respect to each element described in subsection (b)(2).

[[Page 135 STAT. 1569]]

SEC. 116. STRATEGY AND AUTHORITY FOR THE PROCUREMENT OF COMPONENTS 
                        FOR THE NEXT GENERATION SQUAD WEAPON.

    (a) Strategy Required.--The Secretary of the Army shall develop and 
implement a competitive procurement strategy to identify, test, qualify, 
and procure components and accessories for the next generation squad 
weapon of the Army, including magazines, that are capable of improving 
the performance of such weapon, with an emphasis on the procurement of--
            (1) commercially available off-the-shelf items;
            (2) nondevelopmental items; and
            (3) components and accessories previously developed by the 
        Army that may be used for such weapon.

    (b) Market Survey.--Upon receipt of the initial operational test and 
evaluation report for the next generation squad weapon, the Secretary of 
the Army shall initiate a market survey to identify components and 
accessories for the weapon that meet the criteria described in 
subsection (a).
    (c) Authorization.--After completing the market survey under 
subsection (b), the Secretary of the Army may enter into one or more 
contracts for the procurement of components and accessories for the next 
generation squad weapon that meet the criteria described in subsection 
(a).
    (d) >  Information to Congress.--Not later than one 
year after receiving the initial operational test and evaluation report 
for the next generation squad weapon, the Secretary of the Army shall 
submit to the congressional defense committees a report that includes--
            (1) >  the competitive acquisition 
        strategy developed under subsection (a), including timelines for 
        the fielding of components and accessories for such weapon 
        that--
                    (A) are commercially available off-the-shelf items 
                or nondevelopmental items; and
                    (B) are capable of improving the performance of such 
                weapon;
            (2) >  an assessment of the mean rounds 
        between stoppage and mean rounds between failure of the next 
        generation squad weapon, including a comparison of--
                    (A) the mean rounds between stoppage and mean rounds 
                between failure of such weapon; and
                    (B) the mean rounds between stoppage and mean rounds 
                between failure of currently fielded weapons;
            (3) an explanation of whether any items identified in the 
        market survey conducted under subsection (b) demonstrate the 
        ability to increase the mean rounds between stoppage or the mean 
        rounds between failure of the next generation squad weapon; and
            (4) >  a plan to increase the mean rounds 
        between stoppage and mean rounds between failure of the next 
        generation squad weapon.

    (e) Definitions.--In this section:
            (1) The term ``commercially available off-the-shelf items'' 
        has the meaning given that term in section 104 of title 41, 
        United States Code.
            (2) The term ``nondevelopmental items'' has the meaning 
        given that term in section 110 of title 41, United States Code.

[[Page 135 STAT. 1570]]

                        Subtitle C--Navy Programs

SEC. 121. EXTENSION OF PROCUREMENT AUTHORITY FOR CERTAIN 
                        AMPHIBIOUS SHIPBUILDING PROGRAMS.

    Section 124(a)(1) of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) >  is amended by striking ``fiscal year 
2021'' and inserting ``fiscal years 2021 and 2022''.
SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR 
                        NAVY PORT WATERBORNE SECURITY BARRIERS.

    Section 130(a) of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as most 
recently amended by section 127 of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), >  is further amended by striking ``for 
fiscal years 2019, 2020, or 2021'' and inserting ``for fiscal years 
2019, 2020, 2021, or 2022''.
SEC. 123. EXTENSION OF REPORT ON LITTORAL COMBAT SHIP MISSION 
                        PACKAGES.

    Section 123(a)(1) of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2030) is amended by 
striking ``fiscal year 2022'' and inserting ``fiscal year 2027''.
SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING SYSTEMS INTO 
                        ARLEIGH BURKE CLASS DESTROYERS.

    (a) In General.--The Secretary of the Navy shall ensure that an 
advanced degaussing system is incorporated into any Arleigh Burke class 
destroyer procured in fiscal year 2025 or any subsequent fiscal year 
pursuant to a covered contract.
    (b) Covered Contract Defined.--In this section, the term ``covered 
contract'' means an annual or multiyear contract for the procurement of 
an Arleigh Burke class destroyer that is entered into by the Secretary 
of the Navy on or after the date of the enactment of this Act.
SEC. 125. REPORT ON THE POTENTIAL BENEFITS OF A MULTIYEAR CONTRACT 
                        FOR THE PROCUREMENT OF FLIGHT III ARLEIGH 
                        BURKE CLASS DESTROYERS.

    (a) >  In General.--Not later than March 1, 
2022, the Secretary of the Navy shall submit to the congressional 
defense committees a report on the potential benefits of a multiyear 
contract for the period of fiscal years 2023 through 2027 for the 
procurement of Flight III Arleigh Burke class destroyers in the 
quantities specified in subsection (c).

    (b) Elements.--The report required by subsection (a) shall include 
preliminary findings, and the basis for such findings, of the Secretary 
with respect to whether--
            (1) the use of a contract described in such subsection could 
        result in significant savings compared to the total anticipated 
        costs of carrying out the program through annual contracts;
            (2) the minimum need for the destroyers described in such 
        subsection to be purchased is expected to remain substantially 
        unchanged during the contemplated contract period in terms of 
        production rate, procurement rate, and total quantities;

[[Page 135 STAT. 1571]]

            (3) there is a reasonable expectation that throughout the 
        contemplated contract period the Secretary of Defense will 
        request funding for the contract at the level required to avoid 
        contract cancellation;
            (4) there is a stable design for the destroyers to be 
        acquired and that the technical risks associated with such 
        property are not excessive;
            (5) the estimates of both the cost of the contract and the 
        anticipated cost avoidance through the use of a multiyear 
        contract are realistic;
            (6) the use of such a contract will promote the national 
        security of the United States; and
            (7) a decision not to use such a contract will affect the 
        industrial base and, if so, the nature of such effects.

    (c) Evaluation by Quantity.--The report required by subsection (a) 
shall evaluate the potential of procuring each of the following 
quantities of Flight III Arleigh Burke-class destroyers over the period 
described in such subsection:
            (1) 10.
            (2) 12.
            (3) 15.
            (4) Any other quantities the Secretary of the Navy considers 
        appropriate.
SEC. 126. ACQUISITION, MODERNIZATION, AND SUSTAINMENT PLAN FOR 
                        CARRIER AIR WINGS.

    (a) >  Plan Required.--Not later than 
April 1, 2022, the Secretary of the Navy shall submit to the 
congressional defense committees a 15-year acquisition, modernization, 
and sustainment plan for the carrier air wings of the Navy.

    (b) Elements.--The plan required by subsection (a) shall include the 
following:
            (1)(A) >  An assessment of whether and 
        to what extent the capabilities, capacity, and composition of 
        the carrier air wings in existence as of the date of plan meet 
        the requirements of the National Defense Strategy; and
            (B) a plan to address any known shortfalls of such carrier 
        wings, including shortfalls with respect to aerial refueling 
        aircraft capacity and strike-fighter combat radius.
            (2) >  An operational risk 
        assessment and risk mitigation plan regarding the nine carrier 
        air wings that, as of the date of the plan, support combatant 
        commander steady-state peacetime and potential major contingency 
        requirements.
            (3) An explanation of when the Secretary of the Navy will 
        field a minimum of 10 carrier air wings in accordance with 
        section 8062(e) of title 10, United States Code.
            (4) An identification and explanation of the role of 
        autonomous and remotely-piloted aircraft, including the MQ-25 
        aircraft, and other potential capabilities and platforms planned 
        to be fielded in future carrier air wings.
            (5) A detailed deck and hangar space plan that supports 
        realistic peacetime steady-state or contingency surge level 
        fixed-wing aircraft and rotorcraft preparation activities, 
        flight operations, and onboard unit-level maintenance, repair, 
        and sustainment activities for future carrier air wings.
            (6) An appropriate modernization plan to maximize 
        operational use of platforms in existence as of the date of the

[[Page 135 STAT. 1572]]

        plan, particularly the EA-18G aircraft and the E-2D aircraft, by 
        leveraging available technologies such as Next Generation 
        Jammer.
            (7) An identification of the logistics supply chain support 
        and modernization plan required during peacetime steady-state 
        and contingency operations for future carrier air wings, 
        particularly as it relates to implementing the organic C-130 and 
        C-40 logistics tethering strategy.
            (8) A detailed explanation for the Secretary of the Navy's 
        decision to modify carrier air wing composition to one squadron 
        of 14 F-35C aircraft instead of the originally planned two 
        squadrons of 10 F-35C aircraft.
SEC. 127. REPORT ON MATERIAL READINESS OF VIRGINIA CLASS 
                        SUBMARINES OF THE NAVY.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a report on the material readiness of 
the Virginia class submarines.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) >  An assessment of the number of 
        components and parts that have required replacement prior to the 
        end of their estimated useful life or scheduled replacement 
        timeline, including efforts to increase the reliability of 
        ``life of ship'' components.
            (2) >  An assessment of the 
        extent to which part and material shortages have impacted 
        deployment and maintenance availability schedules, including an 
        estimate of the number of active part cannibalizations or other 
        actions taken to mitigate those impacts.
            (3) An identification of the planned lead time to obtain key 
        material for Virginia class submarines from shipbuilders and 
        vendors.
            (4) An identification of the actual lead time to obtain such 
        material from shipbuilders and vendors.
            (5) An identification of the cost increases of key 
        components and parts for new construction and maintenance 
        availabilities above planned material costs.
            (6) >  An assessment of potential 
        courses of action to improve the material readiness of the 
        Virginia class submarines, including efforts to align new 
        construction shipyards with maintenance shipyards and Naval Sea 
        Systems Command to increase predictability of materials and 
        purchasing power.
            (7) >  Such recommendations as 
        the Secretary may have for legislative changes, authorities, 
        realignments, and administrative actions, including reforms of 
        the Federal Acquisition Regulation, to improve the material 
        readiness of the Virginia class submarines.
            (8) Such other elements as the Secretary considers 
        appropriate.

[[Page 135 STAT. 1573]]

                     Subtitle D--Air Force Programs

SEC. 131. EXTENSION OF INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER 
                        AIRCRAFT.

    (a) Extension of Inventory Requirement.--Section 9062(i)(1) of title 
10, United States Code, is amended by striking ``October 1, 2022'' and 
inserting ``October 1, 2026''.
    (b) Reports on Retirement of Air Force Fighter Aircraft.--Section 
131 of the National Defense Authorization Act for Fiscal Year 2018 
(Public Law 115-91; 131 Stat. 1314; 10 U.S.C. 9062 note) is amended--
            (1) by amending subsection (b) to read as follows:

    ``(b) Report on Retirement of Aircraft.--
            ``(1) >  In general.--
        Beginning with fiscal year 2023, for any fiscal year in which 
        the Secretary of the Air Force expects the total aircraft 
        inventory of fighter aircraft of the Air Force or the total 
        primary mission aircraft inventory of fighter aircraft of the 
        Air Force to decrease below the levels specified in section 
        9062(i)(1) of title 10, United States Code, the Secretary of the 
        Air Force shall submit to the congressional defense committees a 
        report setting forth the following:
                    ``(A) >  A detailed rationale for 
                the retirement of existing fighter aircraft and a 
                detailed operational analysis of the portfolio of 
                capabilities of the Air Force that demonstrates 
                performance of the designated mission at an equal or 
                greater level of effectiveness as the retiring aircraft.
                    ``(B) An assessment of the implications for the Air 
                Force, the Air National Guard, and the Air Force Reserve 
                of the force mix ratio of fighter aircraft and how 
                existing aircraft inventory levels and unit personnel 
                levels for the active and reserve components are 
                proposed to change during the fiscal year in which 
                fighter aircraft will be retired.
                    ``(C) A detailed assessment of the current 
                operational risk and the operational risk that will be 
                incurred for meeting--
                          ``(i) the requirements of the National Defense 
                      Strategy and combatant commanders; and
                          ``(ii) operational plans for major contingency 
                      operations and steady-state or rotational 
                      operations.
                    ``(D) Such other matters relating to the retirement 
                of fighter aircraft as the Secretary considers 
                appropriate.
            ``(2) Timing of report.--Each report required under 
        paragraph (1) shall be included in the materials submitted in 
        support of the budget of the President (as submitted to Congress 
        under section 1105(a) of title 31, United States Code) for the 
        fiscal year in which applicable decrease in fighter aircraft 
        inventory levels is expected to occur.'';
            (2) by striking subsection (c); and
            (3) by redesignating subsection (d) as subsection (c).
SEC. 132. CONTRACT FOR LOGISTICS SUPPORT FOR VC-25B AIRCRAFT.

    Section 143 of the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1668) is amended--

[[Page 135 STAT. 1574]]

            (1) in paragraph (1), by striking ``, unless otherwise 
        approved in accordance with established procedures''; and
            (2) in paragraph (2), by inserting ``such'' before 
        ``logistics support contract''.
SEC. 133. PROHIBITION ON CERTAIN REDUCTIONS TO B-1 BOMBER AIRCRAFT 
                        SQUADRONS.

    (a) Prohibition.--During the covered period, the Secretary of the 
Air Force may not--
            (1) modify the designed operational capability statement for 
        any B-1 bomber aircraft squadron, as in effect on the date of 
        the enactment of this Act, in a manner that would reduce the 
        capabilities of such a squadron below the levels specified in 
        such statement as in effect on such date; or
            (2) reduce, below the levels in effect on such date of 
        enactment, the number of personnel assigned to units responsible 
        for the operation and maintenance of B-1 aircraft if such 
        reduction would affect the ability of such units to meet the 
        capability described in paragraph (1).

    (b) Exception.--The prohibition under subsection (a) shall not apply 
to an individual unit for which the Secretary of the Air Force has 
commenced the process of replacing B-1 bomber aircraft with B-21 bomber 
aircraft.
    (c) Definitions.--In this section:
            (1) The term ``covered period'' means the period beginning 
        on the date of the enactment of this Act and ending on September 
        30, 2023.
            (2) The term ``designed operational capability statement'' 
        has the meaning given that term in Air Force Instruction 10-201.
SEC. 134. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A-10 
                        AIRCRAFT.

    (a) Prohibition.--Notwithstanding sections 134 and 135 of the 
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2037), and except as provided in subsection (b), none of 
the funds authorized to be appropriated by this Act for fiscal year 2022 
for the Air Force may be obligated to retire, prepare to retire, or 
place in storage or on backup aircraft inventory status any A-10 
aircraft.
    (b) Exception.--
            (1) >  In general.--The limitation 
        under subsection (a) shall not apply to an individual A-10 
        aircraft that the Secretary of the Air Force determines, on a 
        case-by-case basis, to be no longer mission capable because of a 
        Class A mishap.
            (2) Certification required.--If the Secretary determines 
        under paragraph (1) that an aircraft is no longer mission 
        capable, the Secretary shall submit to the congressional defense 
        committees a certification that the status of such aircraft is 
        due to a Class A mishap and not due to lack of maintenance or 
        repairs or other reasons.
            (3) Certification additional.--Any certification submitted 
        under paragraph (2) shall be in addition to the notification and 
        certification required by section 135(b) of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
        Stat. 2039).

[[Page 135 STAT. 1575]]

SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B-52 
                        COMMERCIAL ENGINE REPLACEMENT PROGRAM.

    (a) >  Limitation.--Of the funds 
authorized to be appropriated by this Act or otherwise made available 
for fiscal year 2022 for the research and development, design, 
procurement, or advanced procurement of materials for the B-52 
Commercial Engine Replacement Program, not more than 75 percent may be 
obligated or expended until the date on which the Secretary of Defense 
submits to the congressional defense committees the report described in 
section 2432 of title 10, United States Code, for the most recently 
concluded fiscal quarter for the B-52 Commercial Engine Replacement 
Program in accordance with subsection (b)(1).

    (b) Additional Requirements.--
            (1) Treatment of baseline estimate.--The Secretary of 
        Defense shall deem the Baseline Estimate for the B-52 Commercial 
        Engine Replacement Program for fiscal year 2020 as the original 
        Baseline Estimate for the Program.
            (2) Unit cost reports and critical cost growth.--
                    (A) Subject to subparagraph (B), the Secretary shall 
                carry out sections 2433 and 2433a of title 10, United 
                States Code, with respect to the B-52 Commercial Engine 
                Replacement Program, as if the Department had submitted 
                a Selected Acquisition Report for the Program that 
                included the Baseline Estimate for the Program for 
                fiscal year 2020 as the original Baseline Estimate, 
                except that the Secretary shall not carry out 
                subparagraph (B) or subparagraph (C) of section 
                2433a(c)(1) of such title with respect to the Program.
                    (B) In carrying out the review required by section 
                2433a of such title, the Secretary shall not enter into 
                a transaction under section 2371 or 2371b of such title, 
                exercise an option under such a transaction, or 
                otherwise extend such a transaction with respect to the 
                B-52 Commercial Engine Replacement Program except to the 
                extent determined necessary by the milestone decision 
                authority, on a non-delegable basis, to ensure that the 
                program can be restructured as intended by the Secretary 
                without unnecessarily wasting resources.

    (c) Definitions.--In this section:
            (1) The term ``Baseline Estimate'' has the meaning given the 
        term in section 2433(a)(2) of title 10, United States Code.
            (2) The term ``milestone decision authority'' has the 
        meaning given the term in section 2366b(g)(3) of title 10, 
        United States Code.
            (3) The term ``original Baseline Estimate'' has the meaning 
        given the term in section 2435(d)(1) of title 10, United States 
        Code.
            (4) The term ``Selected Acquisition Report'' means a 
        Selected Acquisition Report submitted to Congress under section 
        2432 of title 10, United States Code.
SEC. 136. LIMITATION ON AVAILABILITY OF FUNDS PENDING INFORMATION 
                        ON BRIDGE TANKER AIRCRAFT.

    (a) >  Limitation.--Of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2022 for the Office of the Secretary of the Air Force for travel 
expenses,

[[Page 135 STAT. 1576]]

not more than thirty-five percent may be obligated or expended until--
            (1) the Vice Chairman of the Joint Chiefs of Staff submits 
        to the congressional defense committees a report outlining the 
        requirements for the bridge tanker aircraft; and
            (2) the Secretary of the Air Force submits to the 
        congressional defense committees--
                    (A) >  a report 
                detailing the acquisition strategy for the bridge tanker 
                aircraft;
                    (B) >  a certification 
                identifying the amount of funds required for the 
                acquisition of the bridge tanker aircraft; and
                    (C) >  a plan for the development of 
                the advanced aerial refueling tanker aircraft (commonly 
                referred to as the ``KC-Z'').

    (b) Bridge Tanker Aircraft Defined.--In this section, the term 
``bridge tanker aircraft'' means the follow-on tanker aircraft (commonly 
referred to as the ``KC-Y'').
SEC. 137. INVENTORY REQUIREMENTS AND LIMITATIONS RELATING TO 
                        CERTAIN AIR REFUELING TANKER AIRCRAFT.

    (a) Repeal of Minimum Inventory Requirements for KC-10A Aircraft.--
Section 135 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) >  is amended--
            (1) by striking subsection (b);
            (2) by redesignating subsections (c) through (f) as 
        subsections (b) through (e), respectively;
            (3) in subsection (b), as so redesignated, by striking 
        ``subsection (e)'' and inserting ``subsection (d)''; and
            (4) by amending subsection (d), as so redesignated, to read 
        as follows:

    ``(d) >  Exceptions.--The requirement in 
subsection (b) shall not apply to an aircraft otherwise required to be 
maintained by that subsection if the Secretary of the Air Force--
            ``(1) >  at any time during the 
        period beginning on the date of the enactment of this Act and 
        ending on October 1, 2023, determines, on a case-by-case basis, 
        that such aircraft is no longer mission capable due to mishap or 
        other damage, or being uneconomical to repair; or
            ``(2) >  during fiscal year 
        2023, certifies in writing to the congressional defense 
        committees, not later than 30 days before the date of divestment 
        of such aircraft, that the Air Force can meet combatant command 
        tanker aircraft requirements by leveraging Air National Guard 
        and Air Force Reserve capacity with increased Military Personnel 
        Appropriation (MPA) Man-day Tours to the reserve force.''.

    (b) Limitation on Retirement of KC-135 Aircraft.--
            (1) >  Limitation.--Notwithstanding 
        section 135 of the William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021 (Public Law 116-283) and 
        except as provided in paragraph (2), the Secretary of the Air 
        Force may not retire more than 18 KC-135 aircraft during the 
        period beginning on the date of the enactment of this Act and 
        ending on October 1, 2023.
            (2) >  Exception.--The limitation in 
        paragraph (1) shall not apply to individual KC-135 aircraft that 
        the Secretary of the

[[Page 135 STAT. 1577]]

        Air Force determines, on a case-by-case basis, to be no longer 
        mission capable because of mishaps, other damage, or being 
        uneconomical to repair.

    (c) Prohibition on Reduction of KC-135 Aircraft in PMAI of the 
Reserve Components.--None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2022 for the Air 
Force may be obligated or expended to reduce the number of KC-135 
aircraft designated as primary mission aircraft inventory within the 
reserve components of the Air Force.
    (d) Primary Mission Aircraft Inventory Defined.--In this section, 
the term ``primary mission aircraft inventory'' has the meaning given 
that term in section 9062(i)(2)(B) of title 10, United States Code.
SEC. 138. MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.

    (a) Minimum Inventory Requirement.--During the covered period, the 
Secretary of the Air Force shall maintain a total inventory of tactical 
airlift aircraft of not less than 279 aircraft.
    (b) >  Exception.--The Secretary of the Air 
Force may reduce the number of tactical airlift aircraft in the Air 
Force below the minimum number specified in subsection (a) if the 
Secretary determines, on a case-by-case basis, that an aircraft is no 
longer mission capable because of a mishap or other damage.

    (c) Covered Period Defined.--In this section, the term ``covered 
period'' means the period--
            (1) beginning on October 1, 2021; and
            (2) ending on the later of--
                    (A) October 1, 2022; or
                    (B) the date of the enactment of the next National 
                Defense Authorization Act enacted after the date of the 
                enactment of this Act.
SEC. 139. REPORT RELATING TO REDUCTION OF TOTAL NUMBER OF TACTICAL 
                        AIRLIFT AIRCRAFT.

    (a) >  Report Required.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of the Air 
Force shall submit to the congressional defense committees a report on 
any plans of the Air Force to reduce the total number of tactical 
airlift aircraft in the inventory of the Air Force.

    (b) Elements.--The report required under subsection (a) shall 
include, with respect to any plan of the Air Force to reduce the total 
number of tactical airlift aircraft--
            (1) the justification for such reduction;
            (2) an explanation of whether and to what extent domestic 
        operations was considered as part of such justification;
            (3) >  analysis of the role of domestic 
        operations during concurrent contingency operations;
            (4) >  analysis of the C-130 aircraft 
        force structures recommended to support wartime mobility 
        requirements as set forth in--
                    (A) the mobility capability and requirements study 
                conducted under section 144(b) of the National Defense 
                Authorization Act for Fiscal Year 2018 (Public Law 115-
                91; 131 Stat. 1321); and
                    (B) the mobility capability requirements study 
                conducted under section 1712 of the National Defense

[[Page 135 STAT. 1578]]

                Authorization Act for Fiscal Year 2020 (Public Law 116-
                92; 133 Stat. 1803);
            (5) the Secretary's justification for any increased risk 
        that may result from accepting a C-130 aircraft force structure 
        smaller than the force structure recommended by such studies; 
        and
            (6) an explanation of whether and to what extent Governors 
        of States that may be affected by the planned reduction were 
        consulted as part of the decision making process.

    (c) Form of Report.--The report required under subsection (a) shall 
be submitted in unclassified form, but may include a classified annex.

        Subtitle E--Defense-wide, Joint, and Multiservice Matters

SEC. 141. >  IMPLEMENTATION OF 
                        AFFORDABILITY, OPERATIONAL, AND 
                        SUSTAINMENT COST CONSTRAINTS FOR THE F-35 
                        AIRCRAFT PROGRAM.

    (a) F-35A Quantity Limit for the Air Force.--
            (1) Limitation.--Beginning on October 1, 2028, the total 
        number of F-35A aircraft that the Secretary of the Air Force may 
        maintain in the aircraft inventory of the Air Force may not 
        exceed the lesser of--
                    (A) 1,763; or
                    (B) the number obtained by--
                          (i) multiplying 1,763 by the cost-per-tail 
                      factor determined under paragraph (2); and
                          (ii) rounding the product of the calculation 
                      under clause (i) to the nearest whole number.
            (2) Cost-per-tail factor.--For purposes of paragraph (1)(B), 
        the cost-per-tail factor is equal to--
                    (A) the affordability cost target for F-35A aircraft 
                of the Air Force (as determined by the Secretary of the 
                Air Force in accordance with subsection (e)), divided by
                    (B) a number equal to the average cost-per-tail-per-
                year of the F-35A aircraft of the Air Force during 
                fiscal year 2027 (as determined by the Secretary of the 
                Air Force in accordance with subsection (f)).

    (b) F-35B Quantity Limit for the Marine Corps.--
            (1) Limitation.--Beginning on October 1, 2028, the total 
        number of F-35B aircraft that the Secretary of the Navy may 
        maintain in the aircraft inventory of the Marine Corps may not 
        exceed the lesser of--
                    (A) 353; or
                    (B) the number obtained by--
                          (i) multiplying 353 by the cost-per-tail 
                      factor determined under paragraph (2); and
                          (ii) rounding the product of the calculation 
                      under clause (i) to the nearest whole number.
            (2) Cost-per-tail factor.--For purposes of paragraph (1)(B), 
        the cost-per-tail factor is equal to--
                    (A) the affordability cost target for F-35B aircraft 
                of the Marine Corps (as determined by the Secretary of 
                the Navy in accordance with subsection (e)), divided by

[[Page 135 STAT. 1579]]

                    (B) a number equal to the average cost-per-tail-per-
                year of the F-35B aircraft of the Marine Corps during 
                fiscal year 2027 (as determined by the Secretary of the 
                Navy in accordance with subsection (f)).

    (c) F-35C Quantity Limit for the Navy.--
            (1) Limitation.--Beginning on October 1, 2028, the total 
        number of F-35C aircraft that the Secretary of the Navy may 
        maintain in the aircraft inventory of the Navy may not exceed 
        the lesser of--
                    (A) 273; or
                    (B) the number obtained by--
                          (i) multiplying 273 by the cost-per-tail 
                      factor determined under paragraph (2); and
                          (ii) rounding the product of the calculation 
                      under clause (i) to the nearest whole number.
            (2) Cost-per-tail factor.--For purposes of paragraph (1)(B), 
        the cost-per-tail factor is equal to--
                    (A) the affordability cost target for F-35C aircraft 
                of the Navy (as determined by the Secretary of the Navy 
                in accordance with subsection (e)), divided by
                    (B) a number equal to the average cost-per-tail-per-
                year of the F-35C aircraft of the Navy during fiscal 
                year 2027 (as determined by the Secretary of the Navy in 
                accordance with subsection (f)).

    (d) F-35C Quantity Limit for the Marine Corps.--
            (1) Limitation.--Beginning on October 1, 2028, the total 
        number of F-35C aircraft that the Secretary of the Navy may 
        maintain in the aircraft inventory of the Marine Corps may not 
        exceed the lesser of--
                    (A) 67; or
                    (B) the number obtained by--
                          (i) multiplying 67 by the cost-per-tail factor 
                      determined under paragraph (2); and
                          (ii) rounding the product of the calculation 
                      under clause (i) to the nearest whole number.
            (2) Cost-per-tail factor.--For purposes of paragraph (1)(B), 
        the cost-per-tail factor is equal to--
                    (A) the affordability cost target for F-35C aircraft 
                of the Marine Corps (as determined by the Secretary of 
                the Navy in accordance with subsection (e)), divided by
                    (B) a number equal to the average cost-per-tail-per-
                year of the F-35C aircraft of the Marine Corps during 
                fiscal year 2027 (as determined by the Secretary of the 
                Navy in accordance with subsection (f)).

    (e) >  Determination of Required 
Affordability Cost Targets.--
            (1) Air force.--Not later than October 1, 2025, the 
        Secretary of the Air Force shall--
                    (A) determine an affordability cost target to be 
                used for purposes of subsection (a)(2)(A), which shall 
                be the dollar amount the Secretary determines to 
                represent the required cost-per-tail-per-year for an F-
                35A aircraft of the Air force for fiscal year 2027; and
                    (B) submit to the congressional defense committees a 
                certification identifying the affordability cost target 
                determined under subparagraph (A).

[[Page 135 STAT. 1580]]

            (2) Navy and marine corps.--Not later than October 1, 2025, 
        the Secretary of the Navy shall--
                    (A) determine an affordability cost target to be 
                used for purposes of subsection (b)(2)(A), which shall 
                be the dollar amount the Secretary determines to 
                represent the required cost-per-tail-per-year for an F-
                35B aircraft of the Marine Corps for fiscal year 2027;
                    (B) determine an affordability cost target to be 
                used for purposes of subsection (c)(2)(A), which shall 
                be the dollar amount the Secretary determines to 
                represent the required cost-per-tail-per-year for an F-
                35C aircraft of the Navy for fiscal year 2027;
                    (C) determine an affordability cost target to be 
                used for purposes of subsection (d)(2)(A), which shall 
                be the dollar amount the Secretary determines to 
                represent the required cost-per-tail-per-year for an F-
                35C aircraft of the Marine Corps for fiscal year 2027; 
                and
                    (D) submit to the congressional defense committees a 
                certification identifying each affordability cost target 
                determined under subparagraphs (A) through (C).

    (f) Determination of Actual Cost-per-tail-per-year for Fiscal Year 
2027.----
            (1) >  In general.--Not later than 90 days 
        after the end of fiscal year 2027--
                    (A) the Secretary of the Air Force shall determine 
                the average cost-per-tail of the F-35A aircraft of the 
                Air Force during fiscal year 2027; and
                    (B) the Secretary of the Navy shall determine the 
                average cost-per-tail of--
                          (i) the F-35B aircraft of the Marine Corps 
                      during fiscal year 2027;
                          (ii) the F-35C aircraft of the Navy during 
                      fiscal year 2027; and
                          (iii) the F-35C aircraft of the Marine Corps 
                      during fiscal year 2027.
            (2) Calculation.--For purposes of paragraph (1), the average 
        cost-per-tail of a variant of an F-35 aircraft of an Armed Force 
        shall be determined by--
                    (A) adding the total amount expended for fiscal year 
                2027 (in base year fiscal 2012 dollars) for all such 
                aircraft in the inventory of the Armed Force for--
                          (i) unit level manpower;
                          (ii) unit operations;
                          (iii) maintenance;
                          (iv) sustaining support;
                          (v) continuing system support; and
                          (vi) modifications; and
                    (B) dividing the sum obtained under subparagraph (A) 
                by the average number of such aircraft in the inventory 
                of the Armed Force during such fiscal year.

    (g) >  Waiver Authority.--The Secretary of 
Defense may waive the quantity limits under any of subsections (a) 
through (d) if, prior to issuing such a waiver, the Secretary certifies 
to the congressional defense committees that procuring additional 
quantities of a variant of an F-35 aircraft above the applicable 
quantity limit are required to meet the national military strategy 
requirements

[[Page 135 STAT. 1581]]

of the combatant commanders. The authority of the Secretary under this 
subsection may not be delegated.

    (h) Aircraft Defined.--In this section, the term ``aircraft'' means 
aircraft owned and operated by an Armed Force of the United States and 
does not include aircraft owned or operated by an armed force of a 
foreign country.
SEC. 142. >  TRANSFER OF F-35 PROGRAM 
                        RESPONSIBILITIES FROM THE F-35 JOINT 
                        PROGRAM OFFICE TO THE DEPARTMENT OF THE 
                        AIR FORCE AND THE DEPARTMENT OF THE NAVY.

    (a) Transfer of Functions.--
            (1) Sustainment functions.--Not later than October 1, 2027, 
        the Secretary of Defense shall transfer all functions relating 
        to the management, planning, and execution of sustainment 
        activities for the F-35 aircraft program from the F-35 Joint 
        Program Office to the Secretary of the Air Force and the 
        Secretary of the Navy as follows:
                    (A) All functions of the F-35 Joint Program Office 
                relating to the management, planning, and execution of 
                sustainment activities for F-35B and F-35C aircraft 
                shall be transferred to the Department of the Navy, and 
                the Secretary of the Navy shall be the official in the 
                Department of Defense with principal responsibility for 
                carrying out such functions.
                    (B) All functions of the F-35 Joint Program Office 
                relating to the management, planning, and execution of 
                sustainment activities for F-35A aircraft shall be 
                transferred to the Department of the Air Force, and the 
                Secretary of the Air Force shall be the official in the 
                Department of Defense with principal responsibility for 
                carrying out such functions.
            (2) Acquisition functions.--Not later than October 1, 2029, 
        the Secretary of Defense shall transfer all acquisition 
        functions for the F-35 aircraft program from the F-35 Joint 
        Program Office to the Secretary of the Air Force and the 
        Secretary of the Navy as follows:
                    (A) All functions of the F-35 Joint Program Office 
                relating to the acquisition of F-35B and F-35C aircraft 
                shall be transferred to the Department of the Navy, and 
                the Secretary of the Navy shall be the official in the 
                Department of Defense with principal responsibility for 
                carrying out such functions.
                    (B) All functions of the F-35 Joint Program Office 
                relating to the acquisition of F-35A aircraft shall be 
                transferred to the Department of the Air Force, and the 
                Secretary of the Air Force shall be the official in the 
                Department of Defense with principal responsibility for 
                carrying out such functions.

    (b) >  Transition Plan.--Not later than 
October 1, 2022, the Under Secretary of Defense for Acquisition and 
Sustainment, in coordination with the Secretary of the Air Force and the 
Secretary of the Navy, shall submit to the congressional defense 
committees a plan for carrying out the transfers required under 
subsection (a).

[[Page 135 STAT. 1582]]

SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR AIR-BASED AND 
                        SPACE-BASED GROUND MOVING TARGET INDICATOR 
                        CAPABILITIES.

    (a) Review of Redundancies.--The Secretary of Defense shall conduct 
a review of all established and planned efforts to provide air-based and 
space-based ground moving target indicator capability to identify, 
eliminate, and prevent redundancies of such efforts across the 
Department of Defense.
    (b) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2022 for the capability 
described in subsection (a), not more than 75 percent may be obligated 
or expended for procurement or research and development for such 
capability until the date on which the Vice Chairman of the Joint Chiefs 
of Staff submits to the congressional defense committees the information 
required under subsection (c).
    (c) >  Information Required.--The Vice 
Chairman of the Joint Chiefs of Staff, in consultation with the 
Secretaries of the military departments and the heads of such other 
agencies as the Secretary of Defense considers relevant to the ground 
moving target indicator capability described in subsection (a), shall 
submit to the congressional defense committees the following:
            (1) >  A list of all procurement and research 
        and development efforts relating to the capability that are 
        funded by--
                    (A) the Department of Defense; or
                    (B) any other department or agency of the Federal 
                Government.
            (2) A description of how the efforts described in paragraph 
        (1) will--
                    (A) provide real-time information to relevant 
                military end users through the use of air battle 
                managers; and
                    (B) meet the needs of combatant commanders with 
                respect to priority target tasking.
            (3) >  Analysis of whether, 
        and to what extent, the efforts described in paragraph (1) 
        comply with--
                    (A) the joint all domain command and control 
                requirements and standards of the Department; and
                    (B) the validated requirements of the Joint 
                Requirements Oversight Council with respect to ground 
                moving target indicator capabilities.
            (4) Identification of any potential areas of overlap among 
        the efforts described in paragraph (1).
SEC. 144. >  LIMITATION ON AVAILABILITY OF 
                        FUNDS FOR PROCUREMENT OF AIRCRAFT SYSTEMS 
                        FOR THE ARMED OVERWATCH PROGRAM.

    None of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2022 for the Department of 
Defense for the procurement of aircraft systems for the armed overwatch 
program of the United States Special Operations Command may be obligated 
or expended until a period of 15 days has elapsed following the date on 
which the acquisition roadmap required by section 165(a) of the William 
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116-283) is submitted to the congressional defense 
committees.
SEC. 145. ANALYSIS OF CERTAIN RADAR INVESTMENT OPTIONS.

    (a) Analysis Required.--

[[Page 135 STAT. 1583]]

            (1) In general.--The Director of Cost Assessment and Program 
        Evaluation shall conduct an analysis of covered radar systems 
        operating in the Navy and the Missile Defense Agency over the 
        period covered by the most recent future-years defense program 
        submitted to Congress under section 221 of title 10, United 
        States Code.
            (2) >  Elements.--The analysis 
        conducted under paragraph (1) shall include the following:
                    (A) >  An independent cost 
                estimate of each covered radar system described in 
                paragraph (1) and each variant thereof.
                    (B) An assessment of the capability provided by each 
                such system and variant to address current and future 
                air and missile defense threats.
                    (C) In the case of covered radar systems operating 
                in the Navy, an assessment of the capability and 
                technical suitability of each planned configuration for 
                such systems to support current and future distributed 
                maritime operations in contested environments.

    (b) Report.--Not later than May 1, 2022, the Director of Cost 
Assessment and Program Evaluation shall submit to the congressional 
defense committees a report that includes the following:
            (1) The results of the analysis conducted under subsection 
        (a)(1).
            (2) >  Such 
        recommendations as the Director may have to achieve greater 
        capability, affordability, and sustainability across covered 
        radar systems described in subsection (a)(1), including variants 
        thereof, during fiscal years 2022 through 2027, including 
        whether--
                    (A) to continue to develop and maintain each covered 
                radar system separately; or
                    (B) to pursue fewer configurations of such systems.

    (c) Covered Radar Systems Defined.--In this section, the term 
``covered radar systems'' means radar systems with the following 
designations an any variants thereof:
            (1) AN/SPY-1.
            (2) AN/SPY-3.
            (3) AN/SPY-6.
            (4) AN/SPY-7.
SEC. 146. REVIEW AND BRIEFING ON FIELDED MAJOR WEAPON SYSTEMS.

    (a) >  Review and Briefing Required.--Not later 
than March 1, 2023, the Secretary of Defense shall conduct a review, and 
provide a briefing to the congressional defense committees, on the 
processes of the Department of Defense for the management of strategic 
risk with respect to capabilities of fielded major weapon systems funded 
in the most recent future-years defense program submitted to Congress 
under section 221 of title 10, United States Code, including a 
description of the analytical and implementation methodologies used--
            (1) to ensure that fielded major weapon systems meet current 
        and emerging military threats;
            (2) to upgrade or replace any fielded major weapon systems 
        that is not capable of effectively meeting operational 
        requirements or current, evolving, or emerging threats; and
            (3) to develop and implement plans for the replacement and 
        divestment of fielded major weapon systems that address

[[Page 135 STAT. 1584]]

        lower-priority military threats, as determined by intelligence 
        assessments and operational requirements.

    (b) Major Weapon System Defined.--In this section, the term ``major 
weapon system'' has the meaning given such term under section 2379(f) of 
title 10, United States Code.
SEC. 147. >  REPORTS ON EXERCISE OF WAIVER 
                        AUTHORITY WITH RESPECT TO CERTAIN AIRCRAFT 
                        EJECTION SEATS.

    Not later than February 1, 2022, and on a semiannual basis 
thereafter through February 1, 2024, the Secretary of the Air Force and 
the Secretary of the Navy shall each submit to the congressional defense 
committees a report that includes, with respect to each location at 
which active flying operations are conducted or planned as of the date 
report--
            (1) the number of aircrew ejection seats installed in the 
        aircraft used, or expected to be used, at such location;
            (2) of the ejection seats identified under paragraph (1), 
        the number that have been, or are expected to be, placed in 
        service subject to a waiver due to--
                    (A) deferred maintenance; or
                    (B) the inability to obtain parts to make repairs or 
                to fulfill time-compliance technical orders; and
            (3) for each ejection seat subject to a waiver as described 
        in paragraph (2)--
                    (A) the date on which the waiver was issued; and
                    (B) the name and title of the official who 
                authorized the waiver.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Codification of National Defense Science and Technology 
           Strategy.
Sec. 212. Codification of direct hire authority at personnel 
           demonstration laboratories for advanced degree holders.
Sec. 213. Duties and regional activities of the Defense Innovation Unit.
Sec. 214. Codification of requirement for Defense Established Program to 
           Stimulate Competitive Research.
Sec. 215. Codification of authorities relating to Department of Defense 
           science and technology reinvention laboratories.
Sec. 216. Improvements relating to steering committee on emerging 
           technology and national security threats.
Sec. 217. Improvements relating to national network for microelectronics 
           research and development.
Sec. 218. Modification of mechanisms for expedited access to technical 
           talent and expertise at academic institutions to support 
           Department of Defense missions.
Sec. 219. Technical correction to pilot program for the enhancement of 
           the research, development, test, and evaluation centers of 
           the Department of Defense.
Sec. 220. Defense research and engineering activities at minority 
           institutions.
Sec. 221. Test program for engineering plant of DDG(X) destroyer 
           vessels.
Sec. 222. Consortium to study irregular warfare.
Sec. 223. Development and implementation of digital technologies for 
           survivability and lethality testing.
Sec. 224. Assessment and correction of deficiencies in the pilot 
           breathing systems of tactical fighter aircraft.
Sec. 225. Identification of the hypersonics facilities and capabilities 
           of the Major Range and Test Facility Base.

[[Page 135 STAT. 1585]]

Sec. 226. Review of artificial intelligence applications and 
           establishment of performance metrics.
Sec. 227. Modification of the joint common foundation program.
Sec. 228. Executive education on emerging technologies for senior 
           civilian and military leaders.
Sec. 229. Activities to accelerate development and deployment of dual-
           use quantum technologies.
Sec. 230. National Guard participation in microreactor testing and 
           evaluation.
Sec. 231. Pilot program on the use of private sector partnerships to 
           promote technology transition.
Sec. 232. Pilot program on data repositories to facilitate the 
           development of artificial intelligence capabilities for the 
           Department of Defense.
Sec. 233. Pilot programs for deployment of telecommunications 
           infrastructure to facilitate 5G deployment on military 
           installations.
Sec. 234. Limitation on development of prototypes for the Optionally 
           Manned Fighting Vehicle pending requirements analysis.
Sec. 235. Limitation on transfer of certain operational flight test 
           events and reductions in operational flight test capacity.
Sec. 236. Limitation on availability of funds for certain C-130 
           aircraft.
Sec. 237. Limitation on availability of funds for VC-25B aircraft 
           program pending submission of documentation.
Sec. 238. Limitation on availability of funds for the High Accuracy 
           Detection and Exploitation System.

              Subtitle C--Plans, Reports, and Other Matters

Sec. 241. Modification to annual report of the Director of Operational 
           Test and Evaluation.
Sec. 242. Adaptive engine transition program acquisition strategy for 
           the F-35A aircraft.
Sec. 243. Acquisition strategy for an advanced propulsion system for F-
           35B and F-35C aircraft.
Sec. 244. Assessment of the development and test enterprise of the Air 
           Force Research Laboratory.
Sec. 245. Study on efficient use of Department of Defense test and 
           evaluation organizations, facilities, and laboratories.
Sec. 246. Report on autonomy integration in major weapon systems.
Sec. 247. Reports and briefings on recommendations of the National 
           Security Commission on Artificial Intelligence regarding the 
           Department of Defense.

               Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2022 
for the use of the Department of Defense for research, development, 
test, and evaluation, as specified in the funding table in section 4201.

     Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. CODIFICATION OF NATIONAL DEFENSE SCIENCE AND TECHNOLOGY 
                        STRATEGY.

    (a) In General.--Chapter 2 of title 10, United States Code, as 
amended by section 1081 of this Act, is further amended by inserting 
before section 119, the following new section:
``Sec. 118c. >  National Defense Science and 
                  Technology Strategy

    ``(a) In General.--The Secretary of Defense shall develop a 
strategy--
            ``(1) to articulate the science and technology priorities, 
        goals, and investments of the Department of Defense;

[[Page 135 STAT. 1586]]

            ``(2) >  to make recommendations 
        on the future of the defense research and engineering enterprise 
        and its continued success in an era of strategic competition; 
        and
            ``(3) to establish an integrated approach to the 
        identification, prioritization, development, and fielding of 
        emerging capabilities and technologies.

    ``(b) Elements.--The strategy required under subsection (a) shall--
            ``(1) inform the development of each National Defense 
        Strategy under section 113(g) of this title and be aligned with 
        Government-wide strategic science and technology priorities, 
        including the defense budget priorities of the Office of Science 
        and Technology Policy of the President;
            ``(2) link the priorities, goals, and investments in 
        subsection (a)(1) with needed critical enablers to specific 
        programs, or broader portfolios, including--
                    ``(A) personnel and workforce capabilities;
                    ``(B) facilities for research and test 
                infrastructure;
                    ``(C) relationships with academia, the acquisition 
                community, the operational community, the defense 
                industry, and the commercial sector; and
                    ``(D) funding, investments, personnel, facilities, 
                and relationships with other departments and agencies of 
                the Federal Government outside the Department of Defense 
                without which defense capabilities would be severely 
                degraded;
            ``(3) support the coordination of acquisition priorities, 
        programs, and timelines of the Department with the activities of 
        the defense research and engineering enterprise;
            ``(4) >  include recommendations 
        for changes in authorities, regulations, policies, or any other 
        relevant areas, that would support the achievement of the goals 
        set forth in the strategy;
            ``(5) identify mechanisms that may be used to identify 
        critical capabilities and technological applications required to 
        address operational challenges outlined in the National Defense 
        Strategy under section 113(g) of this title;
            ``(6) identify processes to inform senior leaders and policy 
        makers on the potential impacts of emerging technologies for the 
        purpose of shaping the development of policies and regulations;
            ``(7) support the efficient integration of capabilities and 
        technologies to close near-term, mid-term, and long-term 
        capability gaps;
            ``(8) support the development of appropriate investments in 
        research and technology development within the Department, and 
        appropriate partnerships with the defense industry and 
        commercial industry; and
            ``(9) identify mechanisms to provide information on defense 
        technology priorities to industry to enable industry to invest 
        deliberately in emerging technologies to build and broaden the 
        capabilities of the industrial base.

    ``(c) Coordination.--The Secretary of Defense shall develop the 
strategy under subsection (a) in coordination with relevant entities 
within the Office of the Secretary of Defense, the military departments, 
the research organizations of Defense Agencies and Department of Defense 
Field Activities, the intelligence community,

[[Page 135 STAT. 1587]]

defense and technology industry partners, research and development 
partners, other Federal research agencies, allies and partners of the 
United States, and other appropriate organizations.
    ``(d) Considerations.--In developing the strategy under subsection 
(a), the Secretary of Defense shall consider--
            ``(1) the operational challenges identified in the National 
        Defense Strategy and the technological threats and opportunities 
        identified through the global technology review and assessment 
        activities of the Department of Defense, the intelligence 
        community, and other technology partners;
            ``(2) current military requirements and emerging 
        technologies in the defense and commercial sectors;
            ``(3) the capabilities of foreign near-peer and peer 
        nations;
            ``(4) the need to support the development of a robust 
        trusted and assured industrial base to manufacture and sustain 
        the technologies and capabilities to meet defense requirements; 
        and
            ``(5) near-term, mid-term, and long-term technology and 
        capability development goals.

    ``(e) Reports.--
            ``(1) Subsequent reports and updates.--Not later than 
        February 1 of the year following each fiscal year in which the 
        National Defense Strategy is submitted under section 113(g) of 
        this title, the Secretary of Defense shall submit to the 
        congressional defense committees a report that includes an 
        updated version of the strategy under subsection (a). Each 
        update to such strategy shall be prepared for purposes of such 
        report based on emerging requirements, technological 
        developments in the United States, and technical intelligence 
        derived from global technology reviews conducted by the 
        Secretary of Defense.
            ``(2) Form of reports.--The reports submitted under 
        paragraph (1) may be submitted in a form determined appropriate 
        by the Secretary of Defense, which may include classified, 
        unclassified, and publicly releasable formats, as appropriate.

    ``(f) >  Briefing.--Not later than 90 days after 
the date on which the strategy under subsection (a) is completed, the 
Secretary of Defense shall provide to the Committees on Armed Services 
of the Senate and the House of Representatives a briefing on the 
implementation plan for the strategy.

    ``(g) Designation.--The strategy developed under subsection (a) 
shall be known as the `National Defense Science and Technology 
Strategy'.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter >  is amended by inserting before 
the item relating to section 119 the following new item:

``118c. National Defense Science and Technology Strategy.''.

    (c) Conforming Repeal.--Section 218 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 
Stat. 1679) is repealed.
    (d) Conforming Amendment.--Section 2358b(c)(2)(B)(ii) of title 10, 
United States Code, is amended by striking ``section 218 of the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019 (Public 
Law 115-232; 132 Stat. 1679)'' and inserting ``section 118c of this 
title''.

[[Page 135 STAT. 1588]]

SEC. 212. CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL 
                        DEMONSTRATION LABORATORIES FOR ADVANCED 
                        DEGREE HOLDERS.

    (a) In General.--Section 2358a of title 10, United States Code, is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection (f):

    ``(f) Direct Hire Authority at Personnel Demonstration Laboratories 
for Advanced Degree Holders.--
            ``(1) Authority.--The Secretary of Defense may appoint 
        qualified candidates possessing an advanced degree to positions 
        described in paragraph (2) without regard to the provisions of 
        subchapter I of chapter 33 of title 5, other than sections 3303 
        and 3328 of such title.
            ``(2) Applicability.--This subsection applies with respect 
        to candidates for scientific and engineering positions within 
        any laboratory designated by section 4121(b) of this title as a 
        Department of Defense science and technology reinvention 
        laboratory.
            ``(3) Limitation.--(A) Authority under this subsection may 
        not, in any calendar year and with respect to any laboratory, be 
        exercised with respect to a number of candidates greater than 
        the number equal to 5 percent of the total number of scientific 
        and engineering positions within such laboratory that are filled 
        as of the close of the fiscal year last ending before the start 
        of such calendar year.
            ``(B) For purposes of this paragraph, positions and 
        candidates shall be counted on a full-time equivalent basis.''.

    (b) Repeal.--Section 1108 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4618 ) >  is hereby repealed.

    (c) Conforming Amendments.--
            (1) Section 255(b)(5)(B) of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 
        U.S.C. 2223a note) is amended by striking ``in section 
        2358a(f)(3) of'' and inserting ``in section 2358a(g) of''.
            (2) Section 223(d)(3)(C) of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 
        U.S.C. 2358 note) is amended by striking ``in section 2358a(f) 
        of'' and inserting ``in section 2358a(g) of''.
            (3) Section 249(g)(1)(C) of the William M. (Mac) Thornberry 
        National Defense Authorization Act for Fiscal Year 2021 (Public 
        Law 116-283) >  is amended by striking 
        ``in section 2358a(f)(3) of'' and inserting ``in section 
        2358a(g) of''.
SEC. 213. DUTIES AND REGIONAL ACTIVITIES OF THE DEFENSE INNOVATION 
                        UNIT.

    (a) Duties of DIU Joint Reserve Detachment.--Clause (ii) of section 
2358b(c)(2)(B) of title 10, United States Code, is amended to read as 
follows:
                          ``(ii) the technology requirements of the 
                      Department of Defense, as identified in the most 
                      recent--
                                    ``(I) National Defense Strategy;
                                    ``(II) National Defense Science and 
                                Technology Strategy as directed under 
                                section 218 of the John S. McCain 
                                National Defense Authorization Act for

[[Page 135 STAT. 1589]]

                                Fiscal Year 2019 (Public Law 115-232; 
                                132 Stat. 1679); and
                                    ``(III) relevant policy and guidance 
                                from the Secretary of Defense; and''.

    (b) >  Regional Activities.--Subject to 
the availability of appropriations for such purpose, the Secretary of 
Defense may expand the efforts of the Defense Innovation Unit to engage 
and collaborate with private-sector industry and communities in various 
regions of the United States--
            (1) to accelerate the adoption of commercially developed 
        advanced technology in modernization priority areas and such 
        other key technology areas as may be identified by the 
        Secretary; and
            (2) to expand outreach to communities that do not otherwise 
        have a Defense Innovation Unit presence, including economically 
        disadvantaged communities.
SEC. 214. CODIFICATION OF REQUIREMENT FOR DEFENSE ESTABLISHED 
                        PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    (a) In General.--Chapter 301 of title 10, United States Code, as 
added by section 1841 of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) and 
amended by this Act, is further amended by inserting after section 4007 
the following new section:
``Sec. 4010. >  Defense Established Program 
                  to Stimulate Competitive Research

    ``(a) Program Required.--The Secretary of Defense, acting through 
the Under Secretary of Defense for Research and Engineering, shall carry 
out a Defense Established Program to Stimulate Competitive Research 
(DEPSCoR) as part of the university research programs of the Department 
of Defense.
    ``(b) Program Objectives.--The objectives of the program are as 
follows:
            ``(1) To increase the number of university researchers in 
        eligible States capable of performing science and engineering 
        research responsive to the needs of the Department of Defense.
            ``(2) To enhance the capabilities of institutions of higher 
        education in eligible States to develop, plan, and execute 
        science and engineering research that is relevant to the mission 
        of the Department of Defense and competitive under the peer-
        review systems used for awarding Federal research assistance.
            ``(3) To increase the probability of long-term growth in the 
        competitively awarded financial assistance that institutions of 
        higher education in eligible States receive from the Federal 
        Government for science and engineering research.

    ``(c) Program Activities.--In order to achieve the program 
objectives, the following activities are authorized under the program:
            ``(1) >  Competitive award of grants for 
        research and instrumentation to support such research.
            ``(2) Competitive award of financial assistance for graduate 
        students.
            ``(3) To provide assistance to science and engineering 
        researchers at institutions of higher education in eligible 
        States

[[Page 135 STAT. 1590]]

        through collaboration between Department of Defense laboratories 
        and such researchers.
            ``(4) Any other activities that are determined necessary to 
        further the achievement of the objectives of the program.

    ``(d) >  Eligible States.--(1) The Under 
Secretary of Defense for Research and Engineering shall designate which 
States are eligible States for the purposes of this section.

    ``(2) >  The Under Secretary 
shall designate a State as an eligible State if, as determined by the 
Under Secretary--
            ``(A) >  the average annual amount of 
        all Department of Defense obligations for science and 
        engineering research and development that were in effect with 
        institutions of higher education in the State for the three 
        fiscal years preceding the fiscal year for which the designation 
        is effective or for the last three fiscal years for which 
        statistics are available is less than the amount determined by 
        multiplying 60 percent times the amount equal to 1/50 of the 
        total average annual amount of all Department of Defense 
        obligations for science and engineering research and development 
        that were in effect with institutions of higher education in the 
        United States for such three preceding or last fiscal years, as 
        the case may be; and
            ``(B) the State has demonstrated a commitment to developing 
        research bases in the State and to improving science and 
        engineering research and education programs in areas relevant to 
        the mission of the Department of Defense at institutions of 
        higher education in the State.

    ``(3) >  The Under Secretary shall not remove a 
designation of a State under paragraph (2) because the State exceeds the 
funding levels specified under subparagraph (A) of such paragraph unless 
the State has exceeded such funding levels for at least two consecutive 
years.

    ``(e) >  Coordination With Similar Federal 
Programs.--(1) The Secretary may consult with the Director of the 
National Science Foundation and the Director of the Office of Science 
and Technology Policy in the planning, development, and execution of the 
program and may coordinate the program with the Established Program to 
Stimulate Competitive Research conducted by the National Science 
Foundation and with similar programs sponsored by other departments and 
agencies of the Federal Government.

    ``(2) All solicitations under the Defense Established Program to 
Stimulate Competitive Research may be made to, and all awards may be 
made through, the State committees established for purposes of the 
Established Program to Stimulate Competitive Research conducted by the 
National Science Foundation.
    ``(3) A State committee referred to in paragraph (2) shall ensure 
that activities carried out in the State of that committee under the 
Defense Established Program to Stimulate Competitive Research are 
relevant to the mission of the Department of Defense and coordinated 
with the activities carried out in the State under other similar 
initiatives of the Federal Government to stimulate competitive research.
    ``(f) State Defined.--In this section, the term `State' means a 
State of the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the 
Commonwealth of the Northern Mariana Islands.''.

[[Page 135 STAT. 1591]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 301 of such title, as added by section 1841 of the William M. 
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 
(Public Law 116-283) and amended by this Act, >  is further amended by striking the item relating to section 
4010 and inserting the following new item:

``4010. Defense Established Program to Stimulate Competitive 
           Research.''.

    (c) Conforming Repeals.--(1) Section 307 of title I of the 1997 
Emergency Supplemental Appropriations Act for Recovery from Natural 
Disasters, and for Overseas Peacekeeping Efforts, Including Those in 
Bosnia (Public Law 105-18; 10 U.S.C. 2358 note) is repealed.
    (2) Section 257 of title II of division A of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 
2358 note) is repealed.
    (d) >  Effective Date.--This section and 
the amendments and repeals made by this section shall take effect 
immediately after the effective date of the amendments made by title 
XVIII of the William M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 215. CODIFICATION OF AUTHORITIES RELATING TO DEPARTMENT OF 
                        DEFENSE SCIENCE AND TECHNOLOGY REINVENTION 
                        LABORATORIES.

    (a) In General.--Subchapter III of chapter 303 of title 10, United 
States Code, as added by section 1842 of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), is amended by inserting after the heading for subchapter III the 
following new section:
``Sec. 4121. >  Science and technology 
                  reinvention laboratories: authority and 
                  designation

    ``(a) In General.--(1) The Secretary of Defense may carry out 
personnel demonstration projects at Department of Defense laboratories 
designated by the Secretary as Department of Defense science and 
technology reinvention laboratories.
    ``(2)(A) Each personnel demonstration project carried out under the 
authority of paragraph (1) shall be generally similar in nature to the 
China Lake demonstration project.
    ``(B) >  For purposes of subparagraph (A), the 
China Lake demonstration project is the demonstration project that is 
authorized by section 6 of the Civil Service Miscellaneous Amendments 
Act of 1983 (Public Law 98-224) to be continued at the Naval Weapons 
Center, China Lake, California, and at the Naval Ocean Systems Center, 
San Diego, California.

    ``(3) >  If the Secretary carries out a 
demonstration project at a laboratory pursuant to paragraph (1), section 
4703 of title 5 shall apply to the demonstration project, except that--
            ``(A) subsection (d) of such section 4703 shall not apply to 
        the demonstration project;
            ``(B) the authority of the Secretary to carry out the 
        demonstration project is that which is provided in paragraph (1) 
        rather than the authority which is provided in such section 
        4703; and
            ``(C) the Secretary shall exercise the authorities granted 
        to the Office of Personnel Management under such section 4703 
        through the Under Secretary of Defense for Research

[[Page 135 STAT. 1592]]

        and Engineering (who shall place an emphasis in the exercise of 
        such authorities on enhancing efficient operations of the 
        laboratory and who may, in exercising such authorities, request 
        administrative support from science and technology reinvention 
        laboratories to review, research, and adjudicate personnel 
        demonstration project proposals).

    ``(4) The employees of a laboratory covered by a personnel 
demonstration project carried out under this section shall be exempt 
from, and may not be counted for the purposes of, any constraint or 
limitation in a statute or regulation in terms of supervisory ratios or 
maximum number of employees in any specific category or categories of 
employment that may otherwise be applicable to the employees. The 
employees shall be managed by the director of the laboratory subject to 
the supervision of the Under Secretary of Defense for Research and 
Engineering.
    ``(5) The limitations in section 5373 of title 5 do not apply to the 
authority of the Secretary under this subsection to prescribe salary 
schedules and other related benefits.
    ``(b) Designation of Laboratories.--Each of the following is hereby 
designated as a Department of Defense science and technology reinvention 
laboratory as described in subsection (a):
            ``(1) The Air Force Research Laboratory.
            ``(2) The Joint Warfare Analysis Center.
            ``(3) The Army Research Institute for the Behavioral and 
        Social Sciences.
            ``(4) The Combat Capabilities Development Command Armaments 
        Center.
            ``(5) The Combat Capabilities Development Command Army 
        Research Laboratory.
            ``(6) The Combat Capabilities Development Command Aviation 
        and Missile Center.
            ``(7) The Combat Capabilities Development Command Chemical 
        Biological Center.
            ``(8) The Combat Capabilities Development Command Command, 
        Control, Communications, Computers, Cyber, Intelligence, 
        Surveillance, and Reconnaissance Center.
            ``(9) The Combat Capabilities Development Command Ground 
        Vehicle Systems Center.
            ``(10) The Combat Capabilities Development Command Soldier 
        Center.
            ``(11) The Engineer Research and Development Center.
            ``(12) The Medical Research and Development Command.
            ``(13) The Technical Center, US Army Space and Missile 
        Defense Command.
            ``(14) The Naval Air Systems Command Warfare Centers.
            ``(15) The Naval Facilities Engineering Command Engineering 
        and Expeditionary Warfare Center.
            ``(16) The Naval Information Warfare Centers, Atlantic and 
        Pacific.
            ``(17) The Naval Medical Research Center.
            ``(18) The Naval Research Laboratory.
            ``(19) The Naval Sea Systems Command Warfare Centers.
            ``(20) The Office of Naval Research.

    ``(c) Conversion Procedures.--The Secretary of Defense shall 
implement procedures to convert the civilian personnel of each 
Department of Defense science and technology reinvention laboratory, as 
so designated by subsection (b), to the personnel system

[[Page 135 STAT. 1593]]

under an appropriate demonstration project (as referred to in subsection 
(a)). Any conversion under this subsection--
            ``(1) shall not adversely affect any employee with respect 
        to pay or any other term or condition of employment;
            ``(2) shall be consistent with section 4703(f) of title 5;
            ``(3) >  shall be completed within 18 
        months after designation; and
            ``(4) shall not apply to prevailing rate employees (as 
        defined by section 5342(a)(2) of title 5) or senior executives 
        (as defined by section 3132(a)(3) of such title).

    ``(d) Limitation.--The science and technology reinvention 
laboratories, as so designated by subsection (a), may not implement any 
personnel system, other than a personnel system under an appropriate 
demonstration project (as referred to subsection (a)), without prior 
congressional authorization.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 303 of such title, as added by section 1842 of the William M. 
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 
(Public Law 116-283), >  is amended by 
striking the item relating to section 4121 and inserting the following:

``4121. Science and technology reinvention laboratories: authority and 
           designation.''.

    (c) Conforming Repeals.--(1) Section 1105 of the National Defense 
Authorization Act For Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 
2358 note) is hereby repealed.
    (2) Subsection (b) of section 342 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 
2358 note) is hereby repealed.
    (d) Conforming Amendments.--(1) Section 1601(f) of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 
U.S.C. 2358 note) is amended by striking ``section 342 of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2721)'' and inserting ``section 4121(a) of title 10, United States 
Code''.
    (2) Section 1107 of the National Defense Authorization Act for 
Fiscal Year 2008 >  (Public Law 110-181; 10 
U.S.C. 2358 note) is amended--
            (A) by amending subsection (a) to read as follows:

    ``(e) Requirement.--The Secretary of Defense shall take all 
necessary actions to fully implement and use the authorities provided to 
the Secretary under subsection (a) of section 4121 of title 10, United 
States Code, to carry out personnel management demonstration projects at 
Department of Defense laboratories designated by subsection (b) of such 
section as Department of Defense science and technology reinvention 
laboratories.'';
            (B) in subsection (c), by striking ``designated by section 
        1105(a) of the National Defense Authorization Act for Fiscal 
        Year 2010 (Public Law 111-84; 123 Stat. 2486)'' and inserting 
        ``designated by section 4121(b) of title 10, United States 
        Code''; and
            (C) in subsection (e)(3), by striking ``section 342(b) of 
        the National Defense Authorization Act for Fiscal Year 1995 (as 
        cited in subsection (a))'' and inserting ``section 4121(a) of 
        title 10, United States Code''.

    (3) Section 1109(c) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358 note) is amended by 
striking ``specified in section 1105(a) of the National

[[Page 135 STAT. 1594]]

Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2486; 10 U.S.C. 2358 note)'' and inserting ``designated under 
section 4121(b) of title 10, United States Code''.
    (4) Section 2803(a)(1) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358 note) is amended by 
striking ``(as designated by section 1105(a) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 
2358 note)'' and inserting ``(as designated under section 4121(b) of 
title 10, United States Code)''.
    (5) Section 1108(b) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 
1580 note prec.) is amended by striking ``section 1105(a) of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2486; 10 U.S.C. 2358 note)'' and inserting ``section 
4121(b) of title 10, United States Code''.
    (6) Section 211(g) of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended by 
striking ``under section 1105 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note), as 
amended'' and inserting ``under section 4121(b)of title 10, United 
States Code''.
    (7) Section 233(a)(2)(A) of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is 
amended by striking ``as specified in section 1105(a) of the National 
Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note)'' 
and inserting ``as designated under section 4121(b) of title 10, United 
States Code''.
    (8) Section 223(d)(3)(B) of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note) is amended 
by striking ``under section 1105 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and 
inserting ``under section 4121(b) of title 10, United States Code''.
    (9) Section 252(e)(1) of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note) is amended by 
striking ``under section 1105 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and 
inserting ``under section 4121(b) of title 10, United States Code''.
    (10) Section 255(b)(5)(A) of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 223a note) is amended 
by striking ``(as designated under section 1105 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 
2358 note))'' and inserting ``(as designated under section 4121(b) of 
title 10, United States Code)''.
    (11) Section 249 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) >  is amended--
            (A) in subsection (e)(1)(A), by striking ``under section 
        2358a of title 10, United States Code'' and inserting ``under 
        section 4121(b) of title 10, United States Code''; and
            (B) in subsection (g)(1)(B) by striking ``under section 1105 
        of the National Defense Authorization Act for Fiscal Year 2010 
        (Public Law 111-84; 10 U.S.C. 2358 note)'' and inserting ``under 
        section 4121(b) of title 10, United States Code''.

    (12) Section 2124(h)(3) of title 10, United States Code, as 
redesignated by section 1843(b)(1) of the William M. (Mac)

[[Page 135 STAT. 1595]]

Thornberry National Defense Authorization Act for Fiscal Year 2021 
(Public Law 116-283), >  is amended by striking 
``designated under section 1105 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and 
inserting ``designated under section 4121(b) of this title''.

    (13) Section 4091 of title 10, United States Code, as redesignated 
by section 1843(b)(1) of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is 
amended--
            (A) in subsection (b), by striking ``designated by section 
        1105(a) of the National Defense Authorization Act for Fiscal 
        Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' both places 
        it appears and inserting ``designated by section 4121(b) of this 
        title''; and
            (B) in subsection (d)(2), by striking ``pursuant to section 
        342(b) of the National Defense Authorization Act for Fiscal Year 
        1995 (Public Law 103-337; 10 U.S.C. 2358 note)'' both places it 
        appears and inserting ``pursuant to section 4121(a) of this 
        title''.

    (14) Section 4094(f) of title 10, United States Code, as transferred 
and redesignated by this Act, is amended by striking ``by section 
1105(a) of the National Defense Authorization Act for Fiscal Year 2010 
(10 U.S.C. 2358 note)'' and inserting ``by section 4121(b) of this 
title''.
    (e) >  Effective Date.--This section and 
the amendments and repeals made by this section shall take effect 
immediately after the effective date of the amendments made by title 
XVIII of the William M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 216. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON EMERGING 
                        TECHNOLOGY AND NATIONAL SECURITY THREATS.

    Section 236 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) > , is amended--
            (1) in subsection (a), by striking ``may'' and inserting 
        ``and the Director of National Intelligence may jointly'';
            (2) in subsection (b), by--
                    (A) by striking paragraphs (3) through (8); and
                    (B) by inserting after paragraph (2) the following:
            ``(3) The Principal Deputy Director of National 
        Intelligence.
            ``(4) Such other officials of the Department of Defense and 
        intelligence community as the Secretary of Defense and the 
        Director of National Intelligence jointly determine 
        appropriate.'';
            (3) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (4) by inserting after subsection (b) the following:

    ``(c) Leadership.--The Steering Committee shall be chaired by the 
Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of 
Staff, and the Principal Deputy Director of National Intelligence 
jointly.'';
            (5) in subsection (d), as redesignated by paragraph (3)--
                    (A) in paragraph (1)--
                          (i) by striking ``a strategy'' and inserting 
                      ``strategies'';

[[Page 135 STAT. 1596]]

                          (ii) by inserting ``and intelligence 
                      community'' after ``United States military''; and
                          (iii) by inserting ``and National Intelligence 
                      Strategy, and consistent with the National 
                      Security Strategy'' after ``National Defense 
                      Strategy'';
                    (B) in paragraph (3)--
                          (i) in the matter before subparagraph (A), by 
                      inserting ``and the Director of National 
                      Intelligence'' after ``the Secretary of Defense'';
                          (ii) in subparagraph (A), by striking 
                      ``strategy'' and inserting ``strategies'';
                          (iii) in subparagraph (D), by striking ``; 
                      and'' and inserting a semicolon;
                          (iv) by redesignating subparagraph (E) as 
                      subparagraph (F); and
                          (v) by inserting after subparagraph (D) the 
                      following:
                    ``(E) any changes to the guidance for developing the 
                National Intelligence Program budget required by section 
                102A(c)(1)(A) of the National Security Act of 1947 (50 
                U.S.C. 3024(c)(1)(A)), that may be required to implement 
                the strategies under paragraph (1); and''; and
                          (vi) in subparagraph (F), as redesignated by 
                      clause (iv), by inserting ``and the intelligence 
                      community'' after ``Department of Defense''; and
                    (C) in paragraph (4), by inserting ``and Director of 
                National Intelligence, jointly'' after ``Secretary of 
                Defense'';
            (6) by amending subsection (e), as redesignated by paragraph 
        (3), to read as follows:

    ``(e) Definitions.--In this section:
            ``(1) The term `emerging technology' means technology 
        jointly determined to be in an emerging phase of development by 
        the Secretary of Defense and the Director of National 
        Intelligence, including quantum information science and 
        technology, data analytics, artificial intelligence, autonomous 
        technology, advanced materials, software, high performance 
        computing, robotics, directed energy, hypersonics, 
        biotechnology, medical technologies, and such other technology 
        as may be jointly identified by the Secretary and the Director.
            ``(2) The term `intelligence community' has the meaning 
        given such term in section 3 of the National Security Act of 
        1947 (50 U.S.C. 3003).''; and
            (7) in subsection (f), as redesignated by paragraph (3), by 
        striking ``October 1, 2024'' and inserting ``October 1, 2025''.
SEC. 217. IMPROVEMENTS RELATING TO NATIONAL NETWORK FOR 
                        MICROELECTRONICS RESEARCH AND DEVELOPMENT.

    Section 9903(b) of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) >  is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``may'' and inserting ``shall''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Selection of entities.--
                    ``(A) In general.--In carrying out paragraph (1), 
                the Secretary shall, through a competitive process, 
                select two or more entities to carry out the activities 
                described in

[[Page 135 STAT. 1597]]

                paragraph (2) as part of the network established under 
                paragraph (1).
                    ``(B) Geographic diversity.--The Secretary shall, to 
                the extent practicable, ensure that the entities 
                selected under subparagraph (A) collectively represent 
                the geographic diversity of the United States.''.
SEC. 218. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO 
                        TECHNICAL TALENT AND EXPERTISE AT ACADEMIC 
                        INSTITUTIONS TO SUPPORT DEPARTMENT OF 
                        DEFENSE MISSIONS.

    Section 217 of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended--
            (1) by amending subsection (c) to read as follows:

    ``(c) Consultation With Other Organizations.--For the purposes of 
providing technical expertise and reducing costs and duplicative 
efforts, the Secretary of Defense and the Secretaries of the military 
departments shall work to ensure and support the sharing of information 
on the research and consulting that is being carried out across the 
Federal Government in Department-wide shared information systems 
including the Defense Technical Information Center.'';
            (2) in subsection (e)--
                    (A) by redesignating paragraph (31) as paragraph 
                (36); and
                    (B) by inserting after paragraph (30) the following 
                new paragraphs:
            ``(31) Nuclear science, security, and nonproliferation.
            ``(32) Chemical, biological, radiological, and nuclear 
        defense.
            ``(33) Spectrum activities.
            ``(34) Research security and integrity.
            ``(35) Printed circuit boards.''; and
            (3) in subsection (g), by striking ``2026'' and inserting 
        ``2028''.
SEC. 219. TECHNICAL CORRECTION TO PILOT PROGRAM FOR THE 
                        ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, 
                        TEST, AND EVALUATION CENTERS OF THE 
                        DEPARTMENT OF DEFENSE.

    Section 233(c)(2)(B) of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended by 
striking ``Chief Management Officer'' and inserting ``Deputy Secretary 
of Defense or a designee of the Deputy Secretary''.
SEC. 220. DEFENSE RESEARCH AND ENGINEERING ACTIVITIES AT MINORITY 
                        INSTITUTIONS.

    (a) Plan to Promote Defense Research at Minority Institutes.--
            (1) In general.--The Secretary of Defense shall develop a 
        plan to promote defense-related engineering, research, and 
        development activities at minority institutions for the purpose 
        of elevating the capacity of such institutions in those areas.
            (2) >  Elements.--The plan under 
        paragraph (1) shall include the following:
                    (A) An assessment of the engineering, research, and 
                development capabilities of minority institutions, 
                including

[[Page 135 STAT. 1598]]

                an assessment of the workforce and physical research 
                infrastructure of such institutions.
                    (B) An assessment of the ability of minority 
                institutions--
                          (i) to participate in defense-related 
                      engineering, research, and development activities; 
                      and
                          (ii) to effectively compete for defense-
                      related engineering, research, and development 
                      contracts.
                    (C) An assessment of the activities and investments 
                necessary--
                          (i) to elevate minority institutions or a 
                      consortium of minority institutions (including 
                      historically black colleges and universities) to 
                      R1 status on the Carnegie Classification of 
                      Institutions of Higher Education;
                          (ii) to increase the participation of minority 
                      institutions in defense-related engineering, 
                      research, and development activities; and
                          (iii) to increase the ability of such 
                      institutions ability to effectively compete for 
                      defense-related engineering, research, and 
                      development contracts.
                    (D) >  Recommendations 
                identifying actions that may be taken by the Secretary, 
                Congress, minority institutions, and other organizations 
                to increase the participation of minority institutions 
                in defense-related engineering, research, and 
                development activities and contracts.
                    (E) The specific goals, incentives, and metrics 
                developed by the Secretary under subparagraph (D) to 
                increase and measure the capacity of minority 
                institutions to address the engineering, research, and 
                development needs of the Department.
            (3) >  Consultation.--In developing 
        the plan under paragraph (1), the Secretary of Defense shall 
        consult with such other public and private sector organizations 
        as the Secretary determines appropriate.
            (4) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary of Defense shall--
                    (A) submit to the congressional defense committees a 
                report that includes the plan developed under paragraph 
                (1); and
                    (B) >  make 
                the plan available on a publicly accessible website of 
                the Department of Defense.

    (b) >  Activities to 
Support the Research and Engineering Capacity of Historically Black 
Colleges and Universities and Minority Institutions.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary may establish a program to award 
        contracts, grants, or other agreements on a competitive basis, 
        and to perform other appropriate activities for the purposes 
        described in paragraph (2).
            (2) Purposes.--The purposes described in this paragraph are 
        the following:
                    (A) Developing the capability, including workforce 
                and research infrastructure, for minority institutions 
                to more effectively compete for Federal engineering, 
                research, and development funding opportunities.
                    (B) Improving the capability of such institutions to 
                recruit and retain research faculty, and to participate 
                in

[[Page 135 STAT. 1599]]

                appropriate personnel exchange programs and educational 
                and career development activities.
                    (C) Any other purposes the Secretary determines 
                appropriate for enhancing the defense-related 
                engineering, research, and development capabilities of 
                minority institutions.

    (c) Increasing Partnerships for Minority Institutions With National 
Security Research and Engineering Organizations.--Section 2362 of title 
10, United States Code, is amended--
            (1) in subsection (a), by striking ``Assistant Secretary'' 
        each place it appears and inserting ``Under Secretary''; and
            (2) in subsection (d)--
                    (A) by striking ``The Secretary of Defense may'' and 
                inserting the following:
            ``(1) The Secretary of Defense may''; and
                    (B) by adding at the end the following paragraph:
            ``(2) The Secretary of Defense shall establish goals and 
        incentives to encourage federally funded research and 
        development centers, science and technology reinvention 
        laboratories, and University Affiliated Research Centers funded 
        by the Department of Defense--
                    ``(A) >  to assess the capacity 
                of covered educational institutions to address the 
                research and development needs of the Department through 
                partnerships and collaborations; and
                    ``(B) if appropriate, to enter into partnerships and 
                collaborations with such institutions.''.

    (d) >  Minority Institution Defined.--In 
this section, the term ``minority institution'' means a covered 
educational institution (as defined in section 2362 of title 10, United 
States Code).
SEC. 221. TEST PROGRAM FOR ENGINEERING PLANT OF DDG(X) DESTROYER 
                        VESSELS.

    (a) Test Program Required.--During the detailed design period and 
prior to the construction start date of the lead ship in the DDG(X) 
destroyer class of vessels, the Secretary of the Navy shall commence a 
land-based test program for the engineering plant of such class of 
vessels.
    (b) Administration.--The test program required by subsection (a) 
shall be administered by the Senior Technical Authority for the DDG(X) 
destroyer class of vessels.
    (c) Elements.--The test program required by subsection (a) shall 
include, at a minimum, testing of the following equipment in vessel-
representative form:
            (1) Electrical propulsion motor.
            (2) Other propulsion drive train components.
            (3) Main propulsion system.
            (4) Electrical generation and distribution systems.
            (5) Machinery control systems.
            (6) Power control modules.

    (d) Test Objectives.--The test program required by subsection (a) 
shall include, at a minimum, the following test objectives demonstrated 
across the full range of engineering plant operations for the DDG(X) 
destroyer class of vessels:
            (1) Test of a single shipboard representative propulsion 
        drive train.

[[Page 135 STAT. 1600]]

            (2) Test and facilitation of machinery control systems 
        integration.
            (3) Simulation of the full range of electrical demands to 
        enable the investigation of load dynamics between the hull, 
        mechanical and electrical equipment, the combat system, and 
        auxiliary equipment.

    (e) Completion Date.--The Secretary of the Navy shall complete the 
test program required by subsection (a) by not later than the delivery 
date of the lead ship in the DDG(X) destroyer class of vessels.
    (f) Definitions.--In this section:
            (1) Delivery date.--The term ``delivery date'' has the 
        meaning given that term in section 8671 of title 10, United 
        States Code.
            (2) Senior technical authority.--The term ``Senior Technical 
        Authority'' means the official designated as the Senior 
        Technical Authority for the DDG(X) destroyer class of vessels 
        pursuant to section 8669b of title 10, United States Code.
SEC. 222. >  CONSORTIUM TO STUDY 
                        IRREGULAR WARFARE.

    (a) Establishment.--The Secretary of Defense may establish a 
research consortium of institutions of higher education to study 
irregular warfare and the responses to irregular threats.
    (b) Purposes.--The purposes of the consortium under subsection (a) 
are as follows:
            (1) To shape the formulation and application of policy 
        through the conduct of research and analysis regarding irregular 
        warfare.
            (2) To maintain open-source databases on issues relevant to 
        understanding terrorism, irregular threats, and social and 
        environmental change.
            (3) To serve as a repository for datasets regarding research 
        on security, social change, and irregular threats developed by 
        institutions of higher education that receive Federal funding.
            (4) To support basic research in social science on emerging 
        threats and stability dynamics relevant to irregular threat 
        problem sets.
            (5) To transition promising basic research--
                    (A) to higher stages of research and development; 
                and
                    (B) into operational capabilities, as appropriate, 
                by supporting applied research and developing tools to 
                counter irregular threats.
            (6) To facilitate the collaboration of research centers of 
        excellence relating to irregular threats to better distribute 
        expertise to specific issues and scenarios regarding such 
        threats.
            (7) To enhance educational outreach and teaching at 
        professional military education schools to improve--
                    (A) the understanding of irregular threats; and
                    (B) the integration of data-based responses to such 
                threats.
            (8) To support classified research when necessary in 
        appropriately controlled physical spaces.
            (9) To support the work of a Department of Defense 
        Functional Center for Security Studies in Irregular Warfare if 
        such Center is established pursuant to section 1299L of the 
        William

[[Page 135 STAT. 1601]]

        M. (Mac) Thornberry National Defense Authorization Act for 
        Fiscal Year 2021 (Public Law 116-283).
            (10) To carry out such other research initiatives relating 
        to irregular warfare and irregular threats as the Secretary of 
        Defense determines appropriate.

    (c) Partnerships.--If the Secretary of Defense establishes a 
research consortium under subsection (a), the Secretary shall encourage 
partnerships between the consortium and university-affiliated research 
centers and other research institutions, as appropriate.
    (d) Institution of Higher Education Defined.--In this section, the 
term ``institution of higher education'' has the meaning given that term 
in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 223. >  DEVELOPMENT AND 
                        IMPLEMENTATION OF DIGITAL TECHNOLOGIES FOR 
                        SURVIVABILITY AND LETHALITY TESTING.

    (a) Expansion of Survivability and Lethality Testing.--
            (1) >  In general.--The Secretary, in 
        coordination with covered officials, shall--
                    (A) expand the survivability and lethality testing 
                of covered systems to include testing against non-
                kinetic threats; and
                    (B) develop digital technologies to test such 
                systems against such threats throughout the life cycle 
                of each such system.
            (2) Development of digital technologies for live fire 
        testing.--
                    (A) >  In general.--The 
                Secretary, in coordination with covered officials, shall 
                develop--
                          (i) digital technologies to enable the 
                      modeling and simulation of the live fire testing 
                      required under section 2366 of title 10, United 
                      States Code; and
                          (ii) >  a process to use data 
                      from physical live fire testing to inform and 
                      refine the digital technologies described in 
                      clause (i).
                    (B) >  Objectives.--In carrying 
                out subparagraph (A), the Secretary shall seek to 
                achieve the following objectives:
                          (i) Enable assessments of full spectrum 
                      survivability and lethality of each covered system 
                      with respect to kinetic and non-kinetic threats.
                          (ii) Inform the development and refinement of 
                      digital technology to test and improve covered 
                      systems.
                          (iii) Enable survivability and lethality 
                      assessments of the warfighting capabilities of a 
                      covered system with respect to--
                                    (I) communications;
                                    (II) firepower;
                                    (III) mobility;
                                    (IV) catastrophic survivability; and
                                    (V) lethality.
                    (C) Demonstration activities.--
                          (i) In general.--The Secretary, acting through 
                      the Director, shall carry out activities to 
                      demonstrate the digital technologies for full 
                      spectrum survivability testing developed under 
                      subparagraph (A).

[[Page 135 STAT. 1602]]

                          (ii) >  Program 
                      selection.--The Secretary shall assess and select 
                      not fewer than three and not more than ten 
                      programs of the Department to participate in the 
                      demonstration activities required under clause 
                      (i).
                          (iii) Armed forces programs.--Of the programs 
                      selected pursuant to clause (ii), the Director 
                      shall select--
                                    (I) at least one such program from 
                                the Army;
                                    (II) at least one such program from 
                                the Navy or the Marine Corps; and
                                    (III) at least one such program from 
                                the Air Force or the Space Force.
            (3) Regular survivability and lethality testing throughout 
        life cycle.--
                    (A) >  In general.--The 
                Secretary, in coordination with covered officials, 
                shall--
                          (i) develop a process to regularly test 
                      through the use of digital technologies the 
                      survivability and lethality of each covered system 
                      against kinetic and non-kinetic threats throughout 
                      the life cycle of such system as threats evolve; 
                      and
                          (ii) establish guidance for such testing.
                    (B) >  Elements.--In 
                carrying out subparagraph (A), the Secretary shall 
                determine the following:
                          (i) When to deploy digital technologies to 
                      provide timely and up-to-date insights with 
                      respect to covered systems without unduly delaying 
                      fielding of capabilities.
                          (ii) The situations in which it may be 
                      necessary to develop and use digital technologies 
                      to assess legacy fleet vulnerabilities.

    (b) Reports and Briefing.--
            (1) Assessment and selection of programs.--Not later than 
        180 days after the date of the enactment of this Act, the 
        Secretary shall submit to the congressional defense committees a 
        report that identifies the programs selected to participate in 
        the demonstration activities under subsection (a)(2)(C).
            (2) Modernization and digitization report.--
                    (A) >  In general.--Not later 
                than March 15, 2023, the Director shall submit to the 
                congressional defense committees a report that 
                includes--
                          (i) an assessment of the progress of the 
                      Secretary in carrying out subsection (a);
                          (ii) an assessment of each of the 
                      demonstration activities carried out under 
                      subsection (a)(2)(C), including a comparison of--
                                    (I) the risks, benefits, and costs 
                                of using digital technologies for live 
                                fire testing and evaluation; and
                                    (II) the risks, benefits, and costs 
                                of traditional physical live fire 
                                testing approaches that--
                                            (aa) are not supported by 
                                        digital technologies;
                                            (bb) do not include testing 
                                        against non-kinetic threats; and

[[Page 135 STAT. 1603]]

                                            (cc) do not include full 
                                        spectrum survivability;
                          (iii) an explanation of--
                                    (I) how real-world operational and 
                                digital survivability and lethality 
                                testing data will be used to inform and 
                                enhance digital technology;
                                    (II) the contribution of such data 
                                to the digital modernization efforts 
                                required under section 836 of the 
                                William M. (Mac) Thornberry National 
                                Defense Authorization Act for Fiscal 
                                Year 2021 (Public Law 116-283); and
                                    (III) the contribution of such data 
                                to the decision-support processes for 
                                managing and overseeing acquisition 
                                programs of the Department;
                          (iv) an assessment of the ability of the 
                      Department to perform full spectrum survivability 
                      and lethality testing of each covered system with 
                      respect to kinetic and non-kinetic threats;
                          (v) an assessment of the processes implemented 
                      by the Department to manage digital technologies 
                      developed pursuant to subsection (a); and
                          (vi) an assessment of the processes 
                      implemented by the Department to develop digital 
                      technology that can perform full spectrum 
                      survivability and lethality testing with respect 
                      to kinetic and non-kinetic threats.
                    (B) >  Briefing.--Not later than 
                April 14, 2023, the Director shall provide to the 
                congressional defense committees a briefing that 
                identifies any changes to existing law that may be 
                necessary to implement subsection (a).

    (c) Definitions.--In this section:
            (1) The term ``covered officials'' means--
                    (A) the Under Secretary of Defense for Research and 
                Engineering;
                    (B) the Under Secretary of Defense for Acquisition 
                and Sustainment;
                    (C) the Chief Information Officer;
                    (D) the Director;
                    (E) the Director of Cost Assessment and Program 
                Evaluation;
                    (F) the Service Acquisition Executives;
                    (G) the Service testing commands;
                    (H) the Director of the Defense Digital Service; and
                    (I) representatives from--
                          (i) the Department of Defense Test Resource 
                      Management Center;
                          (ii) the High Performance Computing 
                      Modernization Program Office; and
                          (iii) the Joint Technical Coordination Group 
                      for Munitions Effectiveness.
            (2) The term ``covered system'' means any warfighting 
        capability that can degrade, disable, deceive, or destroy forces 
        or missions.
            (3) The term ``Department'' means the Department of Defense.
            (4) The term ``digital technologies'' includes digital 
        models, digital simulations, and digital twin capabilities that 
        may be used to test the survivability and lethality of a covered 
        system.

[[Page 135 STAT. 1604]]

            (5) The term ``Director'' means the Director of Operational 
        Test and Evaluation.
            (6) The term ``full spectrum survivability and lethality 
        testing'' means a series of assessments of the effects of 
        kinetic and non-kinetic threats on the communications, 
        firepower, mobility, catastrophic survivability, and lethality 
        of a covered system.
            (7) The term ``non-kinetic threats'' means unconventional 
        threats, including--
                    (A) cyber attacks;
                    (B) electromagnetic spectrum operations;
                    (C) chemical, biological, radiological, nuclear 
                effects and high yield explosives; and
                    (D) directed energy weapons.
            (8) The term ``Secretary'' means the Secretary of Defense.
SEC. 224. ASSESSMENT AND CORRECTION OF DEFICIENCIES IN THE PILOT 
                        BREATHING SYSTEMS OF TACTICAL FIGHTER 
                        AIRCRAFT.

    (a) >  Testing and Evaluation 
Required.--Beginning not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Administrator of the National Aeronautics and Space Administration, 
shall commence operational testing and evaluation of each fleet of 
tactical fighter aircraft (including each type and model variant of 
aircraft within the fleet) that uses the Onboard Oxygen Generating 
System for the pilot breathing system (in this section referred to as 
the ``breathing system'') to--
            (1) >  determine whether 
        the breathing system complies with Military Standard 3050 (MIL-
        STD-3050), titled ``Aircraft Crew Breathing Systems Using On-
        Board Oxygen Generating System (OBOGS)''; and
            (2) assess the safety and effectiveness of the breathing 
        system for all pilots of the aircraft fleet tested.

    (b) >  Requirements.--The 
following shall apply to the testing and evaluation conducted for an 
aircraft fleet under subsection (a):
            (1) The F-35 aircraft fleet shall be the first aircraft 
        fleet tested and evaluated, and such testing and evaluation 
        shall include F-35A, F-35B, and F-35C aircraft.
            (2) The pilot, aircraft systems, and operational flight 
        environment of the aircraft shall not be assessed in isolation 
        but shall be tested and evaluated as integrated parts of the 
        breathing system.
            (3) The testing and evaluation shall be conducted under a 
        broad range of operating conditions, including variable weather 
        conditions, low-altitude flight, high-altitude flight, during 
        weapons employment, at critical phases of flight such as take-
        off and landing, and in other challenging environments and 
        operating flight conditions.
            (4) The testing and evaluation shall assess operational 
        flight environments for the pilot that replicate expected 
        conditions and durations for high gravitational force loading, 
        rapid changes in altitude, rapid changes in airspeed, and 
        varying degrees of moderate gravitational force loading.
            (5) A diverse group of pilots shall participate in the 
        testing and evaluation, including--

[[Page 135 STAT. 1605]]

                    (A) pilots who are test-qualified and pilots who are 
                not test-qualified; and
                    (B) pilots who vary in gender, physical 
                conditioning, height, weight, and age, and any other 
                attributes that the Secretary determines to be 
                appropriate.
            (6) Aircraft involved in the testing and evaluation shall 
        perform operations with operationally representative and 
        realistic aircraft configurations.
            (7) The testing and evaluation shall include assessments of 
        pilot life support gear and relevant equipment, including the 
        pilot breathing mask apparatus.
            (8) The testing and evaluation shall include testing data 
        from pilot reports, measurements of breathing pressures and air 
        delivery response timing and flow, cabin pressure, air-speed, 
        acceleration, measurements of hysteresis during all phases of 
        flight, measurements of differential pressure between mask and 
        cabin altitude, and measurements of spirometry and specific 
        oxygen saturation levels of the pilot immediately before and 
        immediately after each flight.
            (9) >  The analysis of the safety and 
        effectiveness of the breathing system shall thoroughly assess 
        any physiological effects reported by pilots, including effects 
        on health, fatigue, cognition, and perception of any breathing 
        difficulty.
            (10) >  The testing and evaluation 
        shall include the participation of subject matter experts who 
        have familiarity and technical expertise regarding design and 
        functions of the aircraft, its propulsion system, pilot 
        breathing system, life support equipment, human factors, and any 
        other systems or subject matter the Secretary determines 
        necessary to conduct effective testing and evaluation. At a 
        minimum, such subject matter experts shall include aerospace 
        physiologists, engineers, flight surgeons, and scientists.
            (11) >  In carrying out 
        the testing and evaluation, the Secretary of Defense may seek 
        technical support and subject matter expertise from the Naval 
        Air Systems Command, the Air Force Research Laboratory, the 
        Office of Naval Research, the National Aeronautics and Space 
        Administration, and any other organization or element of the 
        Department of Defense or the National Aeronautics and Space 
        Administration that the Secretary, in consultation with the 
        Administrator of the National Aeronautics and Space 
        Administration, determines appropriate to support the testing 
        and evaluation.

    (c) >  Corrective Actions.--Not later than 90 days 
after the submittal of a final report under subsection (e) for an 
aircraft fleet, the Secretary of Defense shall take such actions as are 
necessary to correct all deficiencies, shortfalls, and gaps in the 
breathing system that were discovered or reported as a result of the 
testing and evaluation of such aircraft fleet under subsection (a).

    (d) Preliminary Reports.--
            (1) In general.--Not later than the date specified in 
        paragraph (2), for each aircraft fleet tested and evaluated 
        under subsection (a), the Secretary of Defense shall submit to 
        the congressional defense committees a separate preliminary 
        report, based on the initial results of such testing and 
        evaluation, that includes--

[[Page 135 STAT. 1606]]

                    (A) >  the initial 
                findings and recommendations of the Secretary;
                    (B) potential corrective actions that the Secretary 
                of Defense may carry out to address deficiencies in the 
                breathing system of the aircraft tested; and
                    (C) the results of initial review and assessment, 
                conducted by the Administrator of the National 
                Aeronautics and Space Administration for purposes of the 
                report, of--
                          (i) the testing and evaluation plans, 
                      execution, processes, data, and technical results 
                      of the testing and evaluation activities under 
                      subsection (a); and
                          (ii) >  the initial 
                      findings, recommendations, and potential 
                      corrective actions determined by the Secretary of 
                      Defense under subparagraphs (A) and (B).
            (2) Date specified.--The date specified in this paragraph is 
        the earlier of--
                    (A) a date selected by the Secretary of the Air 
                Force that is not later than 180 days after the testing 
                and evaluation of the aircraft fleet under subsection 
                (a) has been completed; or
                    (B) one year after the commencement of the testing 
                and evaluation of the aircraft fleet under subsection 
                (a).

    (e) Final Reports.--Not later than two years after the commencement 
of the testing and evaluation under subsection (a) for an aircraft 
fleet, the Secretary of Defense shall submit to the congressional 
defense committees a final report on the results of such testing with 
respect to such aircraft fleet that includes, based on the final results 
of such testing and evaluation--
            (1) >  findings and 
        recommendations with respect to the breathing system; and
            (2) a description of the specific actions the Secretary will 
        carry out to correct deficiencies in the breathing system, as 
        required under subsection (c).

    (f) Independent Review of Final Report.--
            (1) >  In general.--The 
        Secretary of Defense, in consultation with the Administrator of 
        the National Aeronautics and Space Administration, shall seek to 
        enter into an agreement with a federally funded research and 
        development center with relevant expertise to conduct an 
        independent sufficiency review of the final reports submitted 
        under subsection (e).
            (2) Report to secretary.--Not later than seven months after 
        the date on which the Secretary of Defense enters into an 
        agreement with a federally funded research and development 
        center under paragraph (1), the center shall submit to the 
        Secretary a report on the results of the review conducted under 
        such paragraph.
            (3) Report to congress.--Not later than 30 days after the 
        date on which the Secretary of Defense receives the report under 
        paragraph (2), the Secretary shall submit the report to the 
        congressional defense committees.
SEC. 225. >  IDENTIFICATION OF THE HYPERSONICS 
                        FACILITIES AND CAPABILITIES OF THE MAJOR 
                        RANGE AND TEST FACILITY BASE.

    (a) Identification Required.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense

[[Page 135 STAT. 1607]]

shall identify each facility and capability of the Major Range and Test 
Facility Base--
            (1) the primary mission of which is the test and evaluation 
        of hypersonics technology; or
            (2) that provides other test and evaluation capabilities to 
        support the development of hypersonics technology.

    (b) >  Briefing.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense shall 
provide to the congressional defense committees a briefing on a plan to 
improve the capabilities identified under subsection (a), including--
            (1) >  a schedule for such improvements; 
        and
            (2) >  a description of any 
        organizational changes, investments, policy changes, or other 
        activities the Secretary proposes to carry out as part of such 
        plan.

    (c) >  Major Range and Test Facility Base.--In 
this section, the term ``Major Range and Test Facility Base'' has the 
meaning given that term in section 196(i) of title 10, United States 
Code.
SEC. 226. >  REVIEW OF 
                        ARTIFICIAL INTELLIGENCE APPLICATIONS AND 
                        ESTABLISHMENT OF PERFORMANCE METRICS.

    (a) >  In General.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense shall--
            (1) review the potential applications of artificial 
        intelligence and digital technology to the platforms, processes, 
        and operations of the Department of Defense; and
            (2) establish performance objectives and accompanying 
        metrics for the incorporation of artificial intelligence and 
        digital readiness into such platforms, processes, and 
        operations.

    (b) >  Performance Objectives and Accompanying 
Metrics.--
            (1) >  Skill gaps.--In carrying out 
        subsection (a), the Secretary of Defense shall require each 
        Secretary of a military department and the heads of such other 
        organizations and elements of the Department of Defense as the 
        Secretary of Defense determines appropriate to--
                    (A) conduct a comprehensive review and assessment 
                of--
                          (i) skill gaps in the fields of software 
                      development, software engineering, data science, 
                      and artificial intelligence;
                          (ii) the qualifications of civilian personnel 
                      needed for both management and specialist tracks 
                      in such fields; and
                          (iii) the qualifications of military personnel 
                      (officer and enlisted) needed for both management 
                      and specialist tracks in such fields; and
                    (B) establish recruiting, training, and talent 
                management performance objectives and accompanying 
                metrics for achieving and maintaining staffing levels 
                needed to fill identified gaps and meet the needs of the 
                Department for skilled personnel.
            (2) AI modernization activities.--In carrying out subsection 
        (a), the Secretary of Defense shall--
                    (A) assess investment by the Department of Defense 
                in artificial intelligence innovation, science and 
                technology, and research and development;
                    (B) assess investment by the Department in test and 
                evaluation of artificial intelligence capabilities; and

[[Page 135 STAT. 1608]]

                    (C) establish performance objectives and 
                accompanying metrics for artificial intelligence 
                modernization activities of the Department.
            (3) >  Exercises, wargames, and 
        experimentation.--In conjunction with the activities of the 
        Secretary of Defense under subsection (a), the Chairman of the 
        Joint Chiefs of Staff, in coordination with the Director of the 
        Joint Artificial Intelligence Center, shall--
                    (A) assess the integration of artificial 
                intelligence into war-games, exercises, and 
                experimentation; and
                    (B) develop performance objectives and accompanying 
                metrics for such integration.
            (4) Logistics and sustainment.--In carrying out subsection 
        (a), the Secretary of Defense shall require the Under Secretary 
        of Defense for Acquisition and Sustainment, with support from 
        the Director of the Joint Artificial Intelligence Center, to--
                    (A) assess the application of artificial 
                intelligence in logistics and sustainment systems; and
                    (B) establish performance objectives and 
                accompanying metrics for integration of artificial 
                intelligence in the Department of Defense logistics and 
                sustainment enterprise.
            (5) >  Business applications.--In 
        carrying out subsection (a), the Secretary of Defense shall 
        require the Under Secretary of Defense (Comptroller), in 
        coordination with the Director of the Joint Artificial 
        Intelligence Center, to--
                    (A) assess the integration of artificial 
                intelligence for administrative functions that can be 
                performed with robotic process automation and artificial 
                intelligence-enabled analysis; and
                    (B) establish performance objectives and 
                accompanying metrics for the integration of artificial 
                intelligence in priority business process areas of the 
                Department of Defensee, including the following:
                          (i) Human resources.
                          (ii) Budget and finance, including audit.
                          (iii) Retail.
                          (iv) Real estate.
                          (v) Health care.
                          (vi) Logistics.
                          (vii) Such other business processes as the 
                      Secretary considers appropriate.

    (c) Report to Congress.--Not later than 120 days after the 
completion of the review required by subsection (a)(1), the Secretary of 
Defense shall submit to the congressional defense committees a report 
on--
            (1) >  the findings of the Secretary with 
        respect to the review and any action taken or proposed to be 
        taken by the Secretary to address such findings; and
            (2) the performance objectives and accompanying metrics 
        established under subsections (a)(2) and (b).

[[Page 135 STAT. 1609]]

SEC. 227. >  MODIFICATION OF THE JOINT 
                        COMMON FOUNDATION PROGRAM.

    (a) Modification of Joint Common Foundation.--The Secretary of 
Defense shall modify the Joint Common Foundation program conducted by 
the Joint Artificial Intelligence Center to ensure that Department of 
Defense components can more easily contract with leading commercial 
artificial intelligence companies to support the rapid and efficient 
development and deployment of applications and capabilities.
    (b) Qualifying Commercial Companies.--The Secretary of Defense shall 
take such actions as may be necessary to increase the number of 
commercial artificial intelligence companies eligible to provide support 
to Department of Defense components, including with respect to 
requirements for cybersecurity protections and processes, to achieve 
automatic authority to operate and provide continuous delivery, security 
clearances, data portability, and interoperability.
    (c) Use of FAR Part 12.--The Secretary of Defense shall ensure that, 
to the maximum extent practicable, commercial artificial intelligence 
companies are able to offer platforms, services, applications, and tools 
to Department of Defense components through processes and procedures 
under part 12 of the Federal Acquisition Regulation.
    (d) Objectives of the Joint Common Foundation Program.--The 
objectives of the Joint Common Foundation program shall include the 
following:
            (1) Relieving Department of Defense components of the need 
        to design or develop or independently contract for the computing 
        and data hosting platforms and associated services on and 
        through which the component at issue would apply its domain 
        expertise to develop specific artificial intelligence 
        applications.
            (2) Providing expert guidance to components in selecting 
        commercial platforms, tools, and services to support the 
        development of component artificial intelligence applications.
            (3) Ensuring that leading commercial artificial intelligence 
        technologies and capabilities are easily and rapidly accessible 
        to components through streamlined contracting processes.
            (4) Assisting components in designing, developing, 
        accessing, or acquiring commercial or non-commercial 
        capabilities that may be needed to support the operational use 
        of artificial intelligence applications.
            (5) Enabling companies to develop software for artificial 
        intelligence applications within secure software development 
        environments that are controlled, sponsored, required, or 
        specified by the Department of Defense, including PlatformOne of 
        the Department of the Air Force

    (e) >  Briefing.--Not later than 120 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
provide to the congressional defense committees a briefing on actions 
taken to carry out this section.
SEC. 228. >  EXECUTIVE EDUCATION ON 
                        EMERGING TECHNOLOGIES FOR SENIOR CIVILIAN 
                        AND MILITARY LEADERS.

    (a) > Establishment of Course.--Not later than two 
years after the date of the enactment of this Act, the Secretary of 
Defense

[[Page 135 STAT. 1610]]

shall establish executive education activities on emerging technologies 
for appropriate general and flag officers and senior executive-level 
civilian leaders that are designed specifically to prepare new general 
and flag officers and senior executive-level civilian leaders on 
relevant technologies and how these technologies may be applied to 
military and business activities in the Department of Defense.

    (b) Plan for Participation.--
            (1) In general.--The Secretary of Defense shall develop a 
        plan for participation in executive education activities 
        established under subsection (a).
            (2) >  Requirements.--As part of such 
        plan, the Secretary shall ensure that, not later than five years 
        after the date of the establishment of the activities under 
        subsection (a), all appropriate general flag officers and senior 
        executive-level civilian leaders are--
                    (A) required to complete the executive education 
                activities under such subsection; and
                    (B) >  certified as having 
                successfully completed the executive education 
                activities.

    (c) Report.--
            (1) In general.--Not later than the date that is three years 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall submit to the Committee on Armed Services of the 
        Senate and the Committee on Armed Services of the House of 
        Representatives a report on the status of the implementation of 
        the activities required by subsection (a).
            (2) Contents.--The report submitted under paragraph (1) 
        shall include the following:
                    (A) A description of the new general and flag 
                officers and senior executive-level civilian leaders for 
                whom the education activities have been designated.
                    (B) >  A recommendation 
                with respect to continuing or expanding the activities 
                required under subsection (a).
SEC. 229. >  ACTIVITIES TO ACCELERATE 
                        DEVELOPMENT AND DEPLOYMENT OF DUAL-USE 
                        QUANTUM TECHNOLOGIES.

    (a) Activities Required.--The Secretary of Defense shall establish a 
set of activities--
            (1) to accelerate the development and deployment of dual-use 
        quantum capabilities;
            (2) to ensure the approach of the United States to 
        investments of the Department of Defense in quantum information 
        science research and development reflects an appropriate balance 
        between scientific progress and the potential economic and 
        security implications of such progress;
            (3) to ensure that the Department of Defense is fully aware 
        and has a technical understanding of the maturity and 
        operational utility of new and emerging quantum technologies; 
        and
            (4) to ensure the Department of Defense consistently has 
        access to the most advanced quantum capabilities available in 
        the commercial sector to support research and modernization 
        activities.

    (b) Assistance Program.--
            (1) >  Program required.--In carrying 
        out subsection (a) and subject to the availability of 
        appropriations for such purpose, the Secretary of Defense shall, 
        acting through the Director

[[Page 135 STAT. 1611]]

        of the Defense Advanced Research Projects Agency and in 
        consultation with appropriate public and private sector 
        organizations, establish a program under which the Secretary may 
        award assistance to one or more organizations--
                    (A) to identify defense applications for which dual-
                use quantum technologies provide a clear advantage over 
                competing technologies;
                    (B) to accelerate development of such quantum 
                technologies; and
                    (C) to accelerate the deployment of dual-use quantum 
                capabilities.
            (2) >  Form of assistance.--
        Assistance awarded under the program required by paragraph (1) 
        may consist of a grant, a contract, a cooperative agreement, 
        other transaction, or such other form of assistance as the 
        Secretary of Defense considers appropriate.
            (3) Authorities and acquisition approaches.--The Secretary 
        of Defense may use the following authorities and approaches for 
        the program required by paragraph (1):
                    (A) Section 2374a of title 10, United States Code, 
                relating to prizes for advanced technology achievements.
                    (B) Section 2373 of such title, relating to 
                procurement for experimental purposes.
                    (C) Sections 2371 and 2371b of such title, relating 
                to transactions other than contracts and grants and 
                authority of the Department of Defense to carry out 
                certain prototype projects, respectively.
                    (D) Section 2358 of such title, relating to research 
                and development projects.
                    (E) Section 879 of the National Defense 
                Authorization Act for Fiscal Year 2017 (Public Law 114-
                328; 10 U.S.C. 2302 note), relating to defense pilot 
                program for authority to acquire innovative commercial 
                products, technologies, and services using general 
                solicitation competitive procedures.
                    (F) Requirement for milestone payments based on 
                technical achievements.
                    (G) Requirement for cost share from private sector 
                participants in the program.
                    (H) Commercial procurement authority under part 12 
                of the Federal Acquisition Regulation.
                    (I) Such other authorities or approaches as the 
                Secretary considers appropriate.
            (4) >  Policies and procedures.--The 
        Secretary of Defense shall, in consultation with such experts 
        from government and industry as the Secretary considers 
        appropriate, establish policies and procedures to carry out the 
        program required by paragraph (1).

    (c) Briefing and Report.--
            (1) >  Briefing.--Not later than March 1, 
        2022, the Secretary of Defense shall provide to the 
        congressional defense committees a briefing on the plan to carry 
        out the activities required by subsection (a) and the program 
        required by subsection (b).
            (2) >  Report.--Not later than 
        December 31, 2022, and not less frequently than once each year 
        thereafter until December 31, 2026, the Secretary of Defense 
        shall submit to the congressional defense committees a report on 
        the activities carried

[[Page 135 STAT. 1612]]

        out under subsection (a) and the program carried out under 
        subsection (b).
SEC. 230. >  NATIONAL GUARD PARTICIPATION IN 
                        MICROREACTOR TESTING AND EVALUATION.

    The Secretary of Defense may, in coordination with the Director of 
the Strategic Capabilities Office and the Chief of the National Guard 
Bureau, assemble a collection of four National Guard units to 
participate in the testing and evaluation of a micro nuclear reactor 
program.
SEC. 231. >  PILOT PROGRAM ON THE USE OF 
                        PRIVATE SECTOR PARTNERSHIPS TO PROMOTE 
                        TECHNOLOGY TRANSITION.

    (a) In General.--Consistent with section 2359 of title 10, United 
States Code, the Secretary of Defense shall carry out a pilot program to 
foster the transition of the science and technology programs, projects, 
and activities of the Department of Defense from the research, 
development, pilot, and prototyping phases into acquisition activities 
and operational use. >  Under the pilot program, the 
Secretary shall seek to enter into agreements with qualified private 
sector organizations to support--
            (1) matching technology developers with programs, projects, 
        and activities of the Department that may have a use for the 
        technology developed by such developers;
            (2) providing technical assistance to appropriate parties on 
        participating in the procurement programs and acquisition 
        processes of the Department, including training and consulting 
        on programming, budgeting, contracting, requirements, and other 
        relevant processes and activities; and
            (3) overcoming barriers and challenges facing technology 
        developers, including challenges posed by restrictions on 
        accessing secure facilities, networks, and information.

    (b) Priority.--In carrying out the activities described in 
paragraphs (1) through (3) of subsection (a), a qualified private sector 
organization shall give priority to technology producers that are small 
business concerns (as defined under section 3 of the Small Business Act 
(15 U.S.C. 632)), research institutions (as defined in section 9(e) of 
such Act), or institutions of higher education (as defined in section 
101 of the Higher Education Act of 1965 (20 U.S.C 1001)).
    (c) >  Terms of Agreements.--The terms of an 
agreement under subsection (a) shall be determined by the Secretary of 
Defense.

    (d) Data Collection.--
            (1) >  Plan required before 
        implementation.--The Secretary of Defense may not enter into an 
        agreement under subsection (a) until the date on which the 
        Secretary--
                    (A) completes a plan to for carrying out the data 
                collection required under paragraph (2); and
                    (B) submits the plan to the congressional defense 
                committees.
            (2) >  Data collection required.--The 
        Secretary of Defense shall collect and analyze data on the pilot 
        program under this section for the purposes of--
                    (A) developing and sharing best practices for 
                facilitating the transition of science and technology 
                from the research, development, pilot, and prototyping 
                phases into acquisition activities and operational use 
                within the Department of Defense;

[[Page 135 STAT. 1613]]

                    (B) providing information to the leadership of the 
                Department on the implementation of the pilot program 
                and related policy issues; and
                    (C) providing information to the congressional 
                defense committees as required under subsection (e).

    (e) >  Briefing.--Not later than December 31, 
2022, the Secretary of Defense shall provide to the congressional 
defense committees a briefing on the progress of the Secretary in 
implementing the pilot program under this section and any related policy 
issues.

    (f) Consultation.--In carrying out the pilot program under this 
section, the Secretary of Defense shall consult with--
            (1) service acquisition executives (as defined in section 
        101 of title 10, United States Code);
            (2) the heads of appropriate Defense Agencies and Department 
        of Defense Field Activities;
            (3) procurement technical assistance centers (as described 
        in chapter 142 of title 10, United States Code); and
            (4) >  such other individuals and 
        organizations as the Secretary determines appropriate.

    (g) Termination.--The pilot program under this section shall 
terminate on the date that is five years after the date on which 
Secretary of Defense enters into the first agreement with a qualified 
private sector organization under subsection (a).
    (h) Comptroller General Assessment and Report.--
            (1) Assessment.--The Comptroller General of the United 
        States shall conduct an assessment of the pilot program under 
        this section. >  The assessment shall 
        include an evaluation of the effectiveness of the pilot program 
        with respect to--
                    (A) facilitating the transition of science and 
                technology from the research, development, pilot, and 
                prototyping phases into acquisition activities and 
                operational use within the Department of Defense; and
                    (B) protecting sensitive information in the course 
                of the pilot program.
            (2) Report.--Not later than the date specified in paragraph 
        (3), the Comptroller General shall submit to the congressional 
        defense committees a report on the results of the assessment 
        conducted under paragraph (1).
            (3) >  Date specified.--The date 
        specified in this paragraph is the earlier of--
                    (A) four years after the date on which the Secretary 
                of Defense enters into the first agreement with a 
                qualified private sector organization under subsection 
                (a): or
                    (B) five years after the date of the enactment of 
                this Act.
SEC. 232. >  PILOT PROGRAM ON DATA 
                        REPOSITORIES TO FACILITATE THE DEVELOPMENT 
                        OF ARTIFICIAL INTELLIGENCE CAPABILITIES 
                        FOR THE DEPARTMENT OF DEFENSE.

    (a) >  Establishment of Data Repositories.--
The Secretary of Defense, acting through the Chief Data Officer of the 
Department of Defense and the Director of the Joint Artificial 
Intelligence Center (and such other officials as the Secretary 
determines appropriate), may carry out a pilot program under which the 
Secretary--
            (1) establishes data repositories containing Department of 
        Defense data sets relevant to the development of artificial 
        intelligence software and technology; and

[[Page 135 STAT. 1614]]

            (2) allows appropriate public and private sector 
        organizations to access such data repositories for the purpose 
        of developing improved artificial intelligence and machine 
        learning software capabilities that may, as determined 
        appropriate by the Secretary, be procured by the Department to 
        satisfy Department requirements and technology development 
        goals.

    (b) Elements.--If the Secretary of Defense carries out the pilot 
program under subsection (a), the data repositories established under 
the program--
            (1) may include unclassified training quality data sets and 
        associated labels representative of diverse types of 
        information, representing Department of Defense missions, 
        business processes, and activities; and
            (2) shall--
                    (A) be categorized and annotated to support 
                development of a common evaluation framework for 
                artificial intelligence models and other technical 
                software solutions;
                    (B) be made available to appropriate public and 
                private sector organizations to support rapid 
                development of software and artificial intelligence 
                capabilities;
                    (C) include capabilities and tool sets to detect, 
                evaluate, and correct errors in data annotation, 
                identify gaps in training data used in model development 
                that would require additional data labeling, and 
                evaluate model performance across the life cycle of the 
                data repositories; and
                    (D) be developed to support other missions and 
                activities as determined by the Secretary.

    (c) >  Briefing.--Not later than 270 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
provide to the congressional defense committees a briefing on--
            (1) whether the Secretary intends to carry out the pilot 
        program under this section;
            (2) if the Secretary does not intend to carry out the pilot 
        program, an explanation of the reasons for such decision;
            (3) if the Secretary does intend to carry out the pilot 
        program, or if the Secretary has already initiated the pilot 
        program as of the date of the briefing--
                    (A) >  the types of 
                information the Secretary determines are feasible and 
                advisable to include in the data repositories described 
                in subsection (a); and
                    (B) the progress of the Secretary in carrying out 
                the program.
SEC. 233. >  PILOT PROGRAMS FOR 
                        DEPLOYMENT OF TELECOMMUNICATIONS 
                        INFRASTRUCTURE TO FACILITATE 5G DEPLOYMENT 
                        ON MILITARY INSTALLATIONS.

    (a) Plans.--
            (1) >  In general.--Not later than 180 
        days after enactment of this Act, each Secretary of a military 
        department shall submit to the congressional defense committees 
        a plan for a pilot program for the deployment of 
        telecommunications infrastructure to facilitate the availability 
        of fifth-generation wireless telecommunications services on 
        military installations under the jurisdiction of the Secretary.

[[Page 135 STAT. 1615]]

            (2) Plan elements.--Each plan submitted under paragraph (1) 
        by a Secretary of a military department shall include, with 
        respect to such military department, the following:
                    (A) >  A list of military 
                installations at which the pilot program will be carried 
                out, including at least one military installation of the 
                department.
                    (B) A description of authorities that will be used 
                to execute the pilot program.
                    (C) >  A timeline for the 
                implementation and duration of the pilot program.
                    (D) The identity of each telecommunication carrier 
                that intends to use the telecommunications 
                infrastructure deployed pursuant to the pilot to provide 
                fifth-generation wireless telecommunication services at 
                each of the military installations listed under 
                subparagraph (A).
                    (E) >  An assessment of need for 
                centralized processes and points of contacts to 
                facilitate deployment of the telecommunications 
                infrastructure.

    (b) >  Pilot Programs Required.--Not later than 
one year after the date of the enactment of this Act, each Secretary of 
a military department shall establish a pilot program in accordance with 
the plan submitted by the Secretary under subsection (a)(1).

    (c) Reports.--
            (1) >  In general.--Not later than 180 
        days after the date on which a Secretary of a military 
        department commences a pilot program under subsection (b), and 
        not less frequently than once every 180 days thereafter until 
        the completion of the pilot program, the Secretary shall submit 
        to the congressional defense committees a report on the pilot 
        program.
            (2) Contents.--Each report submitted under paragraph (1) for 
        a pilot program shall include the following:
                    (A) A description of the status of the pilot program 
                at each military installation at which the pilot program 
                is carried out.
                    (B) A description of the use of, and services 
                provided by, telecommunications carriers of the 
                telecommunications infrastructure at each military 
                installation under the pilot program.
                    (C) Such additional information as the Secretary of 
                the military department considers appropriate.

    (d) Telecommunications Infrastructure Defined.--In this section, the 
term ``telecommunications infrastructure'' includes, at a minimum, the 
following:
            (1) Macro towers.
            (2) Small cell poles.
            (3) Distributed antenna systems.
            (4) Dark fiber.
            (5) Power solutions.
SEC. 234. LIMITATION ON DEVELOPMENT OF PROTOTYPES FOR THE 
                        OPTIONALLY MANNED FIGHTING VEHICLE PENDING 
                        REQUIREMENTS ANALYSIS.

    (a) >  Limitation.--The Secretary of the Army 
may not enter into a contract for the development of a physical 
prototype for the Optionally Manned Fighting Vehicle or any other next-
generation infantry fighting vehicle of the Army until a period of 30 
days has elapsed following the date on which the Secretary submits

[[Page 135 STAT. 1616]]

to the congressional defense committees the report required under 
subsection (b).

    (b) Report Required.--
            (1) In general.--The Secretary of the Army shall submit to 
        the congressional defense committees a report on the analysis 
        supporting the determination of formal requirements or desired 
        characteristics for the Optionally Manned Fighting Vehicle 
        refined through the concept and detailed design phases of the 
        acquisition strategy.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A detailed description of the formal 
                requirements applicable to the Optionally Manned 
                Fighting Vehicle or desired characteristics guiding the 
                physical prototyping phase of the program.
                    (B) A description of the analysis conducted to 
                finalize such requirements and characteristics.
                    (C) A description of Optionally Manned Fighting 
                Vehicle-equipped force structure designs and the 
                operational concepts analyzed during the vehicle concept 
                design and detailed design phases.
                    (D) A detailed description of the analysis 
                conducted, trade-offs considered, and conclusions drawn 
                with respect to the force structure designs and 
                operational concepts, survivability, mobility, 
                lethality, payload, and combat effectiveness in 
                execution of the critical operational tasks required of 
                fighting-vehicle-equipped infantry.
                    (E) >  An assessment and 
                comparison of the combat effectiveness (including 
                survivability, mobility, and lethality) of combined arms 
                company teams equipped with Optionally Manned Fighting 
                Vehicles compared to those equipped with fully 
                modernized Bradley Fighting Vehicles.

    (c) >  Briefing Required.--At least 30 days 
prior to the submission of the report under subsection (b), the 
Secretary of the Army shall provide to the congressional defense 
committees a briefing on the preliminary findings of the Secretary with 
respect to each element specified in subsection (b)(2).

    (d) >  Comptroller General Assessment.--Not later 
than 60 days after the date on which the report under subsection (b) is 
submitted, the Comptroller General of the United States shall submit to 
the congressional defense committees a written assessment of the report, 
including--
            (1) an assessment of the objectivity, validity, and 
        reliability of the Army's analysis with respect to each element 
        specified in subsection (b)(2); and
            (2) any other matters the Comptroller General determines 
        appropriate.
SEC. 235. LIMITATION ON TRANSFER OF CERTAIN OPERATIONAL FLIGHT 
                        TEST EVENTS AND REDUCTIONS IN OPERATIONAL 
                        FLIGHT TEST CAPACITY.

    (a) Limitation.--
            (1) >  
        In general.--The Secretary of the Navy may not take any action 
        described in paragraph (2) until the date on which the Director 
        of Operational Test and Evaluation, in consultation with the 
        Secretary of the Navy, certifies to the congressional defense 
        committees that the use of non-test designated units

[[Page 135 STAT. 1617]]

        to conduct flight testing will not have any appreciable effect 
        on--
                    (A) the cost or schedule of any naval aviation or 
                naval aviation-related program; or
                    (B) the efficacy of test execution, analysis, and 
                evaluation for any such program.
            (2) Actions described.--The actions described in this 
        paragraph are the following:
                    (A) The delegation of any operational flight test 
                event to be conducted by a non-test designated unit.
                    (B) Any action that would reduce, below the levels 
                authorized and in effect on October 1, 2020, any of the 
                following:
                          (i) The aviation or aviation-related 
                      operational testing and evaluation capacity of the 
                      Department of the Navy.
                          (ii) The personnel billets assigned to support 
                      such capacity.
                          (iii) The aviation force structure, aviation 
                      inventory, or quantity of aircraft assigned to 
                      support such capacity, including rotorcraft and 
                      fixed-wing aircraft.

    (b) >  Report Required.--Not later than 
September 1, 2022, the Director of Operational Test and Evaluation shall 
submit to the congressional defense committees a report that assesses 
each of the following as of the date of the report:
            (1) The design and effectiveness of the testing and 
        evaluation infrastructure and capacity of the Department of the 
        Navy, including an assessment of whether such infrastructure and 
        capacity is sufficient to carry out the acquisition and 
        sustainment testing required for the aviation-related programs 
        of the Department of Defense and the naval aviation-related 
        programs of the Department of the Navy.
            (2) >  The plans of the Secretary of the Navy 
        to reduce the testing and evaluation capacity and infrastructure 
        of the Navy with respect to naval aviation in fiscal year 2022 
        and subsequent fiscal years, as specified in the budget of the 
        President submitted to Congress on May 28, 2021.
            (3) The technical, fiscal, and programmatic issues and risks 
        associated with the plans of the Secretary of the Navy to 
        delegate and task non-test designated operational naval aviation 
        units and organizations to efficiently and effectively execute, 
        analyze, and evaluate testing and evaluation master plans for 
        all aviation-related programs and projects of the Department of 
        the Navy.

    (c) Non-test Designated Unit Defined.--In this section, the term 
``non-test designated unit'' means a naval aviation unit that does not 
have designated as its primary mission operational testing and 
evaluation in support of naval aviation or naval aviation-related 
projects and programs.
SEC. 236. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN C-130 
                        AIRCRAFT.

    None >  of the funds 
authorized to be appropriated by this Act or otherwise made available 
for fiscal year 2022 for the Navy may be obligated or expended to 
procure a C-130 aircraft for testing and evaluation as a potential 
replacement for the E-6B

[[Page 135 STAT. 1618]]

aircraft until the date on which all of the following conditions are 
met:
            (1) The Secretary of the Navy has submitted to the 
        congressional defense committees a report that includes--
                    (A) the unit cost of each such C-130 test aircraft;
                    (B) the life cycle sustainment plan for such C-130 
                aircraft;
                    (C) a statement indicating whether such C-130 
                aircraft will be procured using multiyear contracting 
                authority under section 2306b of title 10, United States 
                Code; and
                    (D) the total amount of funds needed to complete the 
                procurement of such C-130 aircraft.
            (2) >  The Secretary 
        of the Navy has certified to the congressional defense 
        committees that C-130 aircraft in the inventory of the Air Force 
        as of the date of the enactment of this Act would not be capable 
        of fulfilling all requirements under the E-6B aircraft program 
        of record.
            (3) The Commander of the United States Strategic Command has 
        submitted to the congressional defense committees a report 
        identifying the plan for hardware that will replace the E-6B 
        aircraft while fulfilling all requirements under the E-6B 
        program of record.
SEC. 237. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B AIRCRAFT 
                        PROGRAM PENDING SUBMISSION OF 
                        DOCUMENTATION.

    (a) >  Documentation Required.--Not later 
than 30 days after the date of the enactment of this Act, the Secretary 
of the Air Force shall submit to the congressional defense committees an 
integrated master schedule that has been approved by the Secretary for 
the VC-25B presidential aircraft recapitalization program of the Air 
Force.

    (b) >  Limitation.--Of the funds authorized 
to be appropriated by this Act or otherwise made available for fiscal 
year 2022 for the Air Force for the VC-25B aircraft, not more than 50 
percent may be obligated or expended until the date on which the 
Secretary of the Air Force submits to the congressional defense 
committees the documentation required under subsection (a).
SEC. 238. LIMITATION ON AVAILABILITY OF FUNDS FOR THE HIGH 
                        ACCURACY DETECTION AND EXPLOITATION 
                        SYSTEM.

    Of >  the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2022 for 
research, development, test, and evaluation for the Army for the High 
Accuracy Detection and Exploitation System, not more than 75 percent may 
be obligated or expended until the Vice Chairman of the Joint Chiefs of 
Staff certifies to the congressional defense committees that--
            (1) the High Accuracy Detection and Exploitation System 
        enables multi-domain operations for the Army and is consistent 
        with the Joint All Domain Command and Control strategy of the 
        Department of Defense; and
            (2) in a conflict, the System will be able to operate at 
        standoff distances for survivability against enemy air defenses, 
        while providing signals intelligence, electronic intelligence, 
        communications intelligence, or synthetic aperture radar or 
        moving target indicator information to the ground component 
        commander, consistent with planned operational concepts.

[[Page 135 STAT. 1619]]

              Subtitle C--Plans, Reports, and Other Matters

SEC. 241. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF 
                        OPERATIONAL TEST AND EVALUATION.

    Section 139(h)(2) of title 10, United States Code, is amended by 
striking ``, through January 31, 2026''.
SEC. 242. ADAPTIVE ENGINE TRANSITION PROGRAM ACQUISITION STRATEGY 
                        FOR THE F-35A AIRCRAFT.

    (a) >  In General.--Not later than 14 days 
after the date on which the budget of the President for fiscal year 2023 
is submitted to Congress pursuant to section 1105 of title 31, United 
States Code, the Secretary of the Air Force, in consultation with the 
Under Secretary of Defense for Acquisition and Sustainment, shall submit 
to the congressional defense committees a report on the integration of 
the Adaptive Engine Transition Program propulsion system into the F-35A 
aircraft.

    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) A competitive acquisition strategy, informed by fiscal 
        considerations, to--
                    (A) integrate the Adaptive Engine Transition Program 
                propulsion system into the F-35A aircraft; and
                    (B) >  begin, not later than 
                fiscal year 2027, activities to retrofit all F-35A 
                aircraft with such propulsion system.
            (2) An implementation plan to implement such strategy.
            (3) >  A schedule annotating pertinent 
        milestones and yearly fiscal resource requirements for the 
        implementation of such strategy.
SEC. 243. ACQUISITION STRATEGY FOR AN ADVANCED PROPULSION SYSTEM 
                        FOR F-35B AND F-35C AIRCRAFT.

    (a) >  In General.--Not later than 14 days 
after the date on which the budget of the President for fiscal year 2023 
is submitted to Congress pursuant to section 1105 of title 31, United 
States Code, the Secretary of the Navy, in consultation with the Under 
Secretary of Defense for Acquisition and Sustainment, shall submit to 
the congressional defense committees a report on the integration of an 
advanced propulsion system into F-35B and F-35C aircraft.

    (b) >  Elements.--The report required under 
subsection (a) shall include the following:
            (1) >  An analysis the effects of an 
        advanced propulsion system on the combat effectiveness and 
        sustainment costs of F-35B and F-35C aircraft, including any 
        effects resulting from--
                    (A) increased thrust, fuel efficiency, thermal 
                capacity, and electrical generation; and
                    (B) improvements in acceleration, speed, range, and 
                overall mission effectiveness.
            (2) An assessment of how the integration of an advanced 
        propulsion system may result in--
                    (A) a reduction in dependency on support assets, 
                including air refueling and replenishment tankers; and
                    (B) an overall cost benefit to the Department from 
                reduced acquisition and sustainment for such support 
                assets.

[[Page 135 STAT. 1620]]

            (3) >  A competitive acquisition strategy 
        (informed by fiscal considerations, the assessment of combat 
        effectiveness under paragraph (1), and consideration of 
        technical limitations)--
                    (A) to integrate an advanced propulsion system into 
                F-35B aircraft and F-35C aircraft;
                    (B) to begin, not later than fiscal year 2027, 
                activities to produce all F-35B aircraft and all F-35C 
                aircraft with such propulsion systems; and
                    (C) to begin, not later than fiscal year 2027, 
                activities to retrofit all F-35B aircraft and all F-35C 
                aircraft with such propulsion systems.

    (c) Advanced Propulsion System Defined.--In this section, term 
``advanced propulsion system'' means--
            (1) a derivative of the propulsion system developed for the 
        F-35 aircraft under the Adaptive Engine Transition Program of 
        the Air Force; or
            (2) a derivative of a propulsion system previously developed 
        for the F-35 aircraft.
SEC. 244. ASSESSMENT OF THE DEVELOPMENT AND TEST ENTERPRISE OF THE 
                        AIR FORCE RESEARCH LABORATORY.

    (a) Assessment Required.--The Secretary of the Air Force shall 
conduct an assessment of the ability of the Air Force Research 
Laboratory to effectively carry out development and testing activities 
with respect to the capabilities of the Space Force specific to space 
access and space operations.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Air Force shall submit to the 
congressional defense committees a report on the results of the 
assessment conducted under subsection (a). The report shall include an 
explanation of--
            (1) any challenges to the development and testing 
        capabilities of the Air Force Research Laboratory as described 
        subsection (a), including any challenges relating to test 
        activities and infrastructure;
            (2) any changes to the organizational structure of the 
        Laboratory that may be needed to enable the laboratory to 
        adequately address the missions of both the Space Force and the 
        Air Force generally, and the amount of funding, if any, required 
        to implement such changes;
            (3) any barriers to the recapitalization of the testing 
        infrastructure of the Laboratory; and
            (4) >  the plans of the Secretary to address 
        the issues identified under paragraphs (1) through (3).
SEC. 245. STUDY ON EFFICIENT USE OF DEPARTMENT OF DEFENSE TEST AND 
                        EVALUATION ORGANIZATIONS, FACILITIES, AND 
                        LABORATORIES.

    (a) Study Required.--
            (1) >  In general.--Not later than 90 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall direct the Defense Science Board to carry out a 
        study on the resources and capabilities of the test and 
        evaluation organizations, facilities, and laboratories of the 
        Department of Defense.
            (2) Participation.--Participants in the study conducted 
        under paragraph (1) shall include the following:

[[Page 135 STAT. 1621]]

                    (A) Such members of the Defense Science Board as the 
                Chairman of the Board considers appropriate for the 
                study.
                    (B) Such additional temporary members or contracted 
                support as the Secretary--
                          (i) selects from those recommended by the 
                      Chairman for purposes of the study; and
                          (ii) considers to have significant technical, 
                      policy, or military expertise relevant to defense 
                      test and evaluation missions.
            (3) >  Elements.--The study conducted 
        under paragraph (1) shall include the following:
                    (A) Assessment of the effectiveness of current 
                developmental testing, operational testing, and 
                integrated testing within the Department of Defense in 
                meeting statutory objectives and the test and evaluation 
                requirements of the Adaptive Acquisition Framework.
                    (B) Identification of industry and government best 
                practices for conducting developmental testing, 
                operational testing, and integrated testing.
                    (C) Potential applicability of industry and 
                government best practices for conducting developmental 
                testing, operational testing, and integrated testing 
                within the Department to improve test and evaluation 
                outcomes.
                    (D) Identification of duplication of efforts and 
                other non- or low-value added activities that reduce 
                speed and effectiveness of test and evaluation 
                activities.
                    (E) Assessment of test and evaluation oversight 
                organizations within the Office of the Secretary of 
                Defense, including their authorities, responsibilities, 
                activities, resources, and effectiveness, including with 
                respect to acquisition programs of the military 
                departments and Defense Agencies.
                    (F) Assessment of the research, development, test, 
                and evaluation infrastructure master plan required under 
                section 252 of the National Defense Authorization Act 
                for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 
                note).
                    (F) Development and assessment of potential courses 
                of action to improve the effectiveness of oversight of 
                developmental testing, operational testing, and 
                integrated testing activities, and test and evaluation 
                resources within the Office of the Secretary of Defense, 
                including as one such course of action establishing a 
                single integrated office with such responsibilities.
                    (G) >  Development of 
                such recommendations as the Defense Science Board may 
                have for legislative changes, authorities, 
                organizational realignments, and administrative actions 
                to improve test and evaluation oversight and 
                capabilities, and facilitate better test and evaluation 
                outcomes.
                    (H) Such other matters as the Secretary considers 
                appropriate.
            (4) >  Access to information.--The 
        Secretary of Defense shall provide the Defense Science Board 
        with timely access to appropriate information, data, resources, 
        and analysis so that the Board may conduct a thorough and 
        independent analysis as required under this subsection.

[[Page 135 STAT. 1622]]

            (5) Report.--
                    (A) Report of board.--Not later than one year after 
                the date on which the Secretary of Defense directs the 
                Defense Science Board to conduct the study under 
                paragraph (1), or December 1, 2022, whichever occurs 
                earlier, the Board shall transmit to the Secretary a 
                final report on the study.
                    (B) Submittal to congress.--Not later than 30 days 
                after the date on which the Secretary of Defense 
                receives the final report under subparagraph (A), the 
                Secretary shall submit to the congressional defense 
                committees such report and such comments as the 
                Secretary considers appropriate.

    (b) >  Briefing Required.--Not later than 90 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall provide the congressional defense committees a briefing on the 
schedule and plan to execute activities under this section.
SEC. 246. REPORT ON AUTONOMY INTEGRATION IN MAJOR WEAPON SYSTEMS.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on activities to resource and 
integrate autonomy software into appropriate systems to enable the 
continued operational capability of such systems in GPS-denied 
environments by fiscal year 2025.
    (b) Elements.--The report required under subsection (a) shall 
include--
            (1) >  a list of systems, to be selected by 
        the Secretary of Defense, which can be integrated with autonomy 
        software as described in subsection (a) by fiscal year 2025;
            (2) >  timelines for integrating autonomy 
        software into the systems as identified under paragraph (1);
            (3) >  funding requirements related to 
        the development, acquisition, and testing of autonomy software 
        for such systems;
            (4) >  plans to leverage advanced artificial 
        intelligence technologies, as appropriate, for such systems;
            (5) >  plans for ensuring the safety and 
        security of such systems equipped with autonomy software, 
        including plans for testing, evaluation, validation, and 
        verification of such systems; and
            (6) >  a list of Department of Defense 
        policies in effect as of the date of the report that would need 
        to be modified or revoked in order to implement the software 
        integration described in subsection (a).

    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
SEC. 247. >  REPORTS AND BRIEFINGS ON 
                        RECOMMENDATIONS OF THE NATIONAL SECURITY 
                        COMMISSION ON ARTIFICIAL INTELLIGENCE 
                        REGARDING THE DEPARTMENT OF DEFENSE.

    (a) Reports Required.--On an annual basis during the two-year period 
beginning on the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the recommendations made by the National Security Commission on 
Artificial Intelligence with respect to the Department of 
Defense. >  Each such report shall 
include--

[[Page 135 STAT. 1623]]

            (1) for each such recommendation, a determination of whether 
        the Secretary of Defense intends to implement the 
        recommendation;
            (2) >  in the case of a 
        recommendation the Secretary intends to implement, the intended 
        timeline for implementation, a description of any additional 
        resources or authorities required for such implementation, and 
        the plan for such implementation;
            (3) in the case of a recommendation the Secretary determines 
        is not advisable or feasible, the analysis and justification of 
        the Secretary in making that determination; and
            (4) in the case of a recommendation the Secretary determines 
        the Department is already implementing through a separate line 
        of effort, the analysis and justification of the Secretary in 
        making that determination.

    (b) Briefings Required.--Not less frequently than once each year 
during the two-year period beginning on the date of the enactment of 
this Act, the Secretary of Defense shall provide to the congressional 
defense committees a briefing on--
            (1) the progress of the Secretary in analyzing and 
        implementing the recommendations made by the National Security 
        Commission on Artificial Intelligence with respect to the 
        Department of Defense;
            (2) any programs, projects, or other activities of the 
        Department that are being carried out to advance the 
        recommendations of the Commission; and
            (3) the amount of funding provided for such programs, 
        projects, and activities.

                  TITLE III--OPERATION AND MAINTENANCE

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Authorization of appropriations.

                   Subtitle B--Energy and Environment

Sec. 311. Inclusion of impacts on military installation resilience in 
           the National Defense Strategy and associated documents.
Sec. 312. Energy efficiency targets for Department of Defense data 
           centers.
Sec. 313. Grants for maintaining or improving military installation 
           resilience.
Sec. 314. Maintenance of current analytical tools in evaluating energy 
           resilience measures.
Sec. 315. Authority to transfer amounts derived from energy cost 
           savings.
Sec. 316. Exemption from prohibition on use of open-air burn pits in 
           contingency operations outside the United States.
Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership 
           program to include resilience.
Sec. 318. Inspection of piping and support infrastructure at Red Hill 
           Bulk Fuel Storage Facility, Hawai`i.
Sec. 319. Energy, water, and waste net-zero requirement for major 
           military installations.
Sec. 320. Demonstration program on domestic production of rare earth 
           elements from coal byproducts.
Sec. 321. Long-duration demonstration initiative and joint program.
Sec. 322. Pilot program to test new software to track emissions at 
           certain military installations.
Sec. 323. Department of Defense plan to reduce greenhouse gas emissions.

            Subtitle C--National Security Climate Resilience

Sec. 331. Definitions.

[[Page 135 STAT. 1624]]

Sec. 332. Climate Resilience Infrastructure Initiative of the Department 
           of Defense.
Sec. 333. Inclusion of information regarding extreme weather and cyber 
           attacks or disruptions in reports on national technology and 
           industrial base.
Sec. 334. Climate resilience in planning, engagement strategies, 
           infrastructure, and force development of Department of 
           Defense.
Sec. 335. Assessment of climate risks to infrastructure of Department of 
           Defense.

 Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl 
                               Substances

Sec. 341. Treatment by Department of Defense of perfluoroalkyl 
           substances and polyfluoroalkyl substances.
Sec. 342. Extension of transfer authority for funding of study and 
           assessment on health implications of per- and polyfluoroalkyl 
           substances contamination in drinking water by Agency for 
           Toxic Substances and Disease Registry.
Sec. 343. Temporary moratorium on incineration by Department of Defense 
           of perfluoroalkyl substances, polyfluoroalkyl substances, and 
           aqueous film forming foam.
Sec. 344. Review and guidance relating to prevention and mitigation of 
           spills of aqueous film-forming foam.
Sec. 345. Public disclosure of results of Department of Defense testing 
           of water for perfluoroalkyl or polyfluoroalkyl substances.
Sec. 346. Review of agreements with non-Department entities with respect 
           to prevention and mitigation of spills of aqueous film-
           forming foam.
Sec. 347. Comptroller General study on Department of Defense procurement 
           of certain items containing certain PFAS substances.
Sec. 348. Report on schedule for completion of remediation of 
           perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 349. Report on remediation of perfluoroalkyl substances and 
           polyfluoroalkyl substances at certain military installations.

                  Subtitle E--Logistics and Sustainment

Sec. 351. Mitigation of contested logistics challenges of the Department 
           of Defense through reduction of operational energy demand.
Sec. 352. Global bulk fuel management and delivery.
Sec. 353. Test and evaluation of potential biobased solution for 
           corrosion control and mitigation.
Sec. 354. Pilot program on digital optimization of organic industrial 
           base maintenance and repair operations.
Sec. 355. Improved oversight for implementation of Shipyard 
           Infrastructure Optimization Program of the Navy.
Sec. 356. Report and certification requirements regarding sustainment 
           costs for fighter aircraft programs.
Sec. 357. Comptroller General annual reviews of F-35 sustainment 
           efforts.

                           Subtitle F--Reports

Sec. 361. Inclusion of information regarding borrowed military manpower 
           in readiness reports.
Sec. 362. Annual report on material readiness of Navy ships.
Sec. 363. Incident reporting requirements for Department of Defense 
           regarding lost or stolen weapons.
Sec. 364. Strategy and annual report on critical language proficiency of 
           special operations forces.

                        Subtitle G--Other Matters

Sec. 371. Military Aviation and Installation Assurance Clearinghouse 
           matters.
Sec. 372. Establishment of Joint Safety Council.
Sec. 373. Improvements and clarifications related to military working 
           dogs.
Sec. 374. Extension of temporary authority to extend contracts and 
           leases under the ARMS Initiative.
Sec. 375. Authority to maintain access to category 3 subterranean 
           training facility.
Sec. 376. Accident Investigation Review Board.
Sec. 377. Implementation of Comptroller General recommendations on 
           preventing tactical vehicle training accidents.
Sec. 378. Requirements relating to emissions control tactics, 
           techniques, and procedures.
Sec. 379. Management of fatigue among crew of naval surface ships and 
           related improvements.
Sec. 380. Authority for activities to improve next generation radar 
           systems capabilities.
Sec. 381. Pilot program on military working dog and explosives detection 
           canine health and excellence.
Sec. 382. Department of Defense response to military lazing incidents.

[[Page 135 STAT. 1625]]

               Subtitle A--Authorization of Appropriations

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2022 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, as specified in the funding table in section 
4301.

                   Subtitle B--Energy and Environment

SEC. 311. INCLUSION OF IMPACTS ON MILITARY INSTALLATION RESILIENCE 
                        IN THE NATIONAL DEFENSE STRATEGY AND 
                        ASSOCIATED DOCUMENTS.

    (a) National Defense Strategy and Defense Planning Guidance.--
Section 113(g) of title 10, United States Code, is amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (ii), by striking ``actors,'' and 
                inserting ``actors, and the current or projected threats 
                to military installation resilience,''; and
                    (B) by inserting after clause (ix), the following 
                new clause:
                    ``(x) Strategic goals to address or mitigate the 
                current and projected risks to military installation 
                resilience.''; and
            (2) in paragraph (2)(A), in the matter preceding clause (i), 
        by striking ``priorities,'' and inserting ``priorities, 
        including priorities relating to the current or projected risks 
        to military installation resilience,''.

    (b) National Defense Sustainment and Logistics Review.--
            (1) In general.--The first section 118a of such title is 
        amended--
                    (A) in subsection (a), by striking ``capabilities,'' 
                and inserting ``capabilities, response to risks to 
                military installation resilience,'';
                    (B) by redesignating such section, as amended by 
                subparagraph (A), as section 118b; and
                    (C) by moving such section so as to appear after 
                section 118a.
            (2) Clerical and conforming amendments.--
                    (A) Clerical amendments.--The table of sections for 
                chapter 2 of such title >  is 
                amended--
                          (i) by striking the first item relating to 
                      section 118a; and
                          (ii) by inserting after the item relating to 
                      section 118a the following new item:

``118b. National Defense Sustainment and Logistics Review.''.

                    (B) Conforming amendment.--Section 314(c) of the 
                William M. (Mac) Thornberry National Defense 
                Authorization Act for Fiscal Year 2021 (Public Law 116-
                283) >  is amended by striking 
                ``section 118a'' and inserting ``section 118b''.

[[Page 135 STAT. 1626]]

    (c) Chairman's Risk Assessment.--Section 153(b)(2)(B) of title 10, 
United States Code, is amended by inserting after clause (vi) the 
following new clause:
                    ``(vii) Identify and assess risk resulting from, or 
                likely to result from, current or projected effects on 
                military installation resilience.''.

    (d) >  Strategic Decisions Relating to 
Military Installations.--The Secretary of each military department, with 
respect to any installation under the jurisdiction of that Secretary, 
and the Secretary of Defense, with respect to any installation of the 
Department of Defense that is not under the jurisdiction of the 
Secretary of a military department, shall consider the strategic risks 
associated with military installation resilience.

    (e) National Defense Strategy and National Military Strategy.-- 
> The Secretary of Defense, in 
coordination with the heads of such other Federal agencies as the 
Secretary determines appropriate, shall incorporate the security 
implications of military installation resilience into the National 
Defense Strategy and the National Military Strategy.

    (f) National Security Planning Documents.--The Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff shall consider the 
security implications associated with military installation resilience 
in developing the Defense Planning Guidance under section 113(g)(2) of 
title 10, United States Code, the Risk Assessment of the Chairman of the 
Joint Chiefs of Staff under section 153(b)(2) of such title, and other 
relevant strategy, planning, and programming documents and processes.
    (g) Campaign Plans of Combatant Commands.--The Secretary of Defense 
shall ensure that the national security implications associated with 
military installation resilience are integrated into the campaign plans 
of the combatant commands.
    (h) Report on Security Implications Associated With Military 
Installation Resilience.--
            (1) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives a report describing how the aspects of military 
        installation resilience have been incorporated into modeling, 
        simulation, war-gaming, and other analyses by the Department of 
        Defense.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

    (i) Modification to Annual Report Related to Installations Energy 
Management, Energy Resilience, and Mission Assurance and Readiness.--
            (1) Modification.--Section 2925(a) of title 10, United 
        States Code, is amended--
                    (A) by redesignating paragraph (8) as paragraph 
                (10); and
                    (B) by inserting after paragraph (7) the following 
                new paragraphs:
            ``(8) >  A description of the effects 
        on military readiness, and an estimate of the financial costs to 
        the Department of Defense, reasonably attributed to adverse 
        impacts to military installation resilience during the year 
        preceding the submission of the

[[Page 135 STAT. 1627]]

        report, including loss of or damage to military networks, 
        systems, installations, facilities, and other assets and 
        capabilities of the Department.
            ``(9) >  An assessment of 
        vulnerabilities to military installation resilience.''.
            (2) >  Use of assessment tool.--
        The Secretary shall use the Climate Vulnerability and Risk 
        Assessment Tool of the Department (or such successor tool) in 
        preparing each report under section 2925(a) of title 10, United 
        States Code (as amended by paragraph (1)).

    (j) >  Definitions.--In this section:
            (1) The term ``military installation resilience'' has the 
        meaning given that term in section 101(e) of title 10, United 
        States Code.
            (2) The term ``National Defense Strategy'' means the 
        national defense strategy under section 113(g)(1) of such title.
            (3) The term ``National Military Strategy'' means the 
        national military strategy under section 153(b) of such title.
SEC. 312. ENERGY EFFICIENCY TARGETS FOR DEPARTMENT OF DEFENSE DATA 
                        CENTERS.

    (a) Energy Efficiency Targets for Data Centers.--
            (1) In general.--Subchapter I of chapter 173 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 2921. >  Energy efficiency targets for 
                  data centers

    ``(a) Covered Data Centers.--(1) For each covered data center, the 
Secretary of Defense shall--
            ``(A) develop a power usage effectiveness target for the 
        data center, based on location, resiliency, industry standards, 
        and best practices;
            ``(B) develop a water usage effectiveness target for the 
        data center, based on location, resiliency, industry standards, 
        and best practices;
            ``(C) develop other energy efficiency or water usage targets 
        for the data center based on industry standards and best 
        practices, as applicable to meet energy efficiency and 
        resiliency goals;
            ``(D) identify potential renewable or clean energy 
        resources, or related technologies such as advanced battery 
        storage capacity, to enhance resiliency at the data center, 
        including potential renewable or clean energy purchase targets 
        based on the location of the data center; and
            ``(E) identify any statutory, regulatory, or policy barriers 
        to meeting any target under any of subparagraphs (A) through 
        (C).

    ``(2) The Secretary of Defense shall ensure that targets developed 
under paragraph (1) are consistent with guidance issued by the Secretary 
of Energy.
    ``(3) >  In this subsection, the term `covered 
data center' means a data center of the Department of Defense that--
            ``(A) is one of the 50 data centers of the Department with 
        the highest annual power usage rates; and
            ``(B) has been established before the date of the enactment 
        of this section.

[[Page 135 STAT. 1628]]

    ``(b) >  New Data Centers.--(1) 
Except as provided in paragraph (2), in the case of any Department of 
Defense data center established on or after the date of the enactment of 
this section, the Secretary of Defense shall establish energy, water 
usage, and resiliency-related standards that the data center shall be 
required to meet based on location, resiliency, industry and Federal 
standards, and best practices. Such standards shall include--
            ``(A) power usage effectiveness standards;
            ``(B) water usage effectiveness standards; and
            ``(C) >  any other energy or 
        resiliency standards the Secretary determines are appropriate.

    ``(2) >  The Secretary may waive the 
requirement for a Department data center established on or after the 
date of the enactment of this section to meet the standards established 
under paragraph (1) if the Secretary--
            ``(A) >  determines that such waiver 
        is in the national security interest of the United States; and
            ``(B) >  submits to the Committee on Armed 
        Services of the House of Representatives notice of such waiver 
        and the reasons for such waiver.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter >  is 
        amended by inserting after the item relating to section 2920 the 
        following new item:

``2921. Energy efficiency targets for data centers.''.

    (b) Inventory of Data Facilities.--
            (1) >  Inventory required.--By not later 
        than 180 days after the date of the enactment of this Act, the 
        Secretary of Defense shall conduct an inventory of all data 
        centers owned or operated by the Department of 
        Defense. >  Such survey shall include the 
        following:
                    (A) >  A list of data centers owned or 
                operated by the Department of Defense.
                    (B) For each such data center, the earlier of the 
                following dates:
                          (i) The date on which the data center was 
                      established.
                          (ii) The date of the most recent capital 
                      investment in new power, cooling, or compute 
                      infrastructure at the data center.
                    (C) The total average annual power use, in 
                kilowatts, for each such data center.
                    (D) The number of data centers that measure power 
                usage effectiveness and, for each such data center, the 
                power usage effectiveness for the center.
                    (E) The number of data centers that measure water 
                usage effectiveness and, for each such data center, the 
                water usage effectiveness for the center.
                    (F) A description of any other existing energy 
                efficiency or efficient water usage metrics used by any 
                data center and the applicable measurements for any such 
                center.
                    (G) >  An assessment of the 
                facility resiliency of each data center, including 
                redundant power and cooling facility infrastructure.
                    (H) Any other matters determined relevant by the 
                Secretary.

    (c) Report.--Not later than 180 days after the completion of the 
inventory required under subsection (b), the Secretary of

[[Page 135 STAT. 1629]]

Defense shall submit to the Committee on Armed Services of the House of 
Representatives a report on the inventory and the energy assessment 
targets under section 2921(a) of title 10, United States Code, as added 
by subsection (a). Such report shall include the following:
            (1) >  A timeline of necessary actions 
        required to meet the energy assessment targets for covered data 
        centers.
            (2) >  The estimated costs associated 
        with meeting such targets.
            (3) >  An assessment of the business 
        case for meeting such targets, including any estimated savings 
        in operational energy and water costs and estimated reduction in 
        energy and water usage if the targets are met.
            (4) >  An analysis of any statutory, 
        regulatory, or policy barriers to meeting such targets 
        identified pursuant to section 2921(a)(E) of title 10, United 
        States Code, as added by subsection (a).

    (d) Data Center Defined.--In this section, the term ``data center'' 
has the meaning given such term in the most recent Integrated Data 
Collection guidance of the Office of Management and Budget.
SEC. 313. GRANTS FOR MAINTAINING OR IMPROVING MILITARY 
                        INSTALLATION RESILIENCE.

    Section 2391 of title 10, United States Code, is amended--
            (1) in subsection (b)(5), by adding at the end the following 
        new subparagraph:

    ``(D) The Secretary of Defense may also make grants, conclude 
cooperative agreements, and supplement other Federal funds, in order to 
assist a State or local government in planning, enhancing 
infrastructure, and implementing measures and projects (to include 
resilience measures and projects involving the protection, restoration, 
and maintenance of natural features) that, as determined by the 
Secretary of Defense, will contribute to maintaining or improving 
military installation resilience or will prevent or mitigate 
encroachment that could affect operations of the Department of 
Defense.''; and
            (2) in subsection (e)(1), by striking ``subsection 
        (b)(1)(D)'' and inserting ``paragraphs (1)(D) and (E) and (5)(D) 
        of subsection (b) and subsection (d)''.
SEC. 314. MAINTENANCE OF CURRENT ANALYTICAL TOOLS IN EVALUATING 
                        ENERGY RESILIENCE MEASURES.

    (a) In General.--Section 2911 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(i) Assessment of Life-cycle Costs and Performance of Potential 
Energy Resilience Projects.--(1) Subject to the availability of 
appropriations, the Secretary of Defense shall develop and institute a 
process to ensure that the Department of Defense, when evaluating energy 
resilience measures, uses analytical tools that are accurate and 
effective in projecting the costs and performance of such measures.
    ``(2) Analytical tools used under paragraph (1) shall be--
            ``(A) designed to--
                    ``(i) provide an accurate projection of the costs 
                and performance of the energy resilience measure being 
                analyzed;
                    ``(ii) be used without specialized training; and

[[Page 135 STAT. 1630]]

                    ``(iii) produce resulting data that is 
                understandable and usable by the typical source 
                selection official;
            ``(B) consistent with standards and analytical tools 
        commonly applied by the Department of Energy and by commercial 
        industry;
            ``(C) adaptable to accommodate a rapidly changing 
        technological environment;
            ``(D) peer reviewed for quality and precision and measured 
        against the highest level of development for such tools; and
            ``(E) >  periodically reviewed and 
        updated, but not less frequently than once every three years.''.

    (b) Reporting Requirement.--If amounts are appropriated to carry out 
the requirements under subsection (i) of section 2911 of title 10, 
United States Code, as added by subsection (a), not later than September 
30, 2022, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on the execution by the Secretary of such requirements.
SEC. 315. AUTHORITY TO TRANSFER AMOUNTS DERIVED FROM ENERGY COST 
                        SAVINGS.

    Section 2912 of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``until expended'' and 
        inserting ``for that fiscal year and the succeeding fiscal 
        year''; and
            (2) by adding at the end the following new subsection:

    ``(e) Transfer of Amounts.--(1) The Secretary of Defense may 
transfer amounts described in subsection (a) that remain available for 
obligation to other funding accounts of the Department of Defense if the 
purpose for which such amounts will be used is a purpose specified in 
subsection (b) or (c).
    ``(2) Amounts transferred to a funding account of the Department 
under paragraph (1) shall be available for obligation for the same 
period as amounts in that account.
    ``(3) >  At the end of each fiscal year, the 
Secretary of Defense shall submit to Congress a report detailing any 
funds transferred pursuant to paragraph (1) during that fiscal year, 
including a detailed description of the purpose for which such amounts 
have been used.''.
SEC. 316. EXEMPTION FROM PROHIBITION ON USE OF OPEN-AIR BURN PITS 
                        IN CONTINGENCY OPERATIONS OUTSIDE THE 
                        UNITED STATES.

    Section 317(a) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 10 U.S.C. 2701 note) is amended by adding 
at the end the following new paragraphs:
            ``(3) Exemption authority for certain locations.--
                    ``(A) >  In general.--The 
                Secretary may exempt a location from the prohibition 
                under paragraph (1) if the Secretary determines it is in 
                the paramount interest of the United States to do so.
                    ``(B) Nondelegation.--The Secretary may not delegate 
                the authority under subparagraph (A).
            ``(4) Reporting requirement for location exemptions.--
                    ``(A) In general.--Not later than 30 days after 
                granting an exemption pursuant to paragraph (3)(A) with 
                respect to the use of an open-air burn pit at a 
                location, the Secretary shall submit to the Committees 
                on Armed

[[Page 135 STAT. 1631]]

                Services of the Senate and the House of Representatives 
                a written report that identifies--
                          ``(i) the location of the open-air burn pit;
                          ``(ii) the number of personnel of the United 
                      States assigned to the location where the open-air 
                      burn pit is being used;
                          ``(iii) the size and expected duration of use 
                      of the open-air burn pit;
                          ``(iv) the personal protective equipment or 
                      other health risk mitigation efforts that will be 
                      used by members of the armed forces when airborne 
                      hazards are present, including how such equipment 
                      will be provided when required; and
                          ``(v) the need for the open-air burn pit and 
                      rationale for granting the exemption.
                    ``(B) Form.--A report submitted under subparagraph 
                (A) shall be submitted in unclassified form, but may 
                include a classified annex.''.
SEC. 317. EXPANSION OF PURPOSES OF SENTINEL LANDSCAPES PARTNERSHIP 
                        PROGRAM TO INCLUDE RESILIENCE.

    (a) In General.--Section 317 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2684a note) is 
amended--
            (1) in subsection (a), in the first sentence, by inserting 
        ``and restore'' after ``to preserve'';
            (2) in subsection (c)--
                    (A) by inserting ``resilience,'' after ``benefit of 
                conservation,''; and
                    (B) by inserting ``, resilience,'' after ``land 
                management'';
            (3) in subsection (d), in the second sentence, by inserting 
        ``by an eligible landowner or agricultural producer'' after 
        ``Participation'';
            (4) by redesignating subsection (e) as subsection (f);
            (5) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Participation by Other Agencies.--Other Federal agencies with 
programs addressing conservation or resilience may, and are encouraged 
to--
            ``(1) participate in the activities of the Sentinel 
        Landscapes Partnership; and
            ``(2) become full partners in the Sentinel Landscapes 
        Partnership.''; and
            (6) in subsection (f), as redesignated by paragraph (4), by 
        adding at the end the following new paragraph:
            ``(4) >  Resilience.--The term 
        `resilience' means the capability to avoid, prepare for, 
        minimize the effect of, adapt to, and recover from extreme 
        weather events, flooding, wildfire, or other anticipated or 
        unanticipated changes in environmental conditions.''.

    (b) Inclusion of Program Information in Certain Annual Reports.--
Section 2684a(g)(2) of title 10, United States Code, is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:

[[Page 135 STAT. 1632]]

            ``(E) Information concerning the activities undertaken 
        pursuant to the Sentinel Landscapes Partnership established 
        under section 317 of the National Defense Authorization Act for 
        Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2684a note).''.

    (c) Conservation and Cultural Activities.--Section 2694 of title 10, 
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by inserting ``or 
                      involves a sentinel landscape'' before the 
                      semicolon; and
                          (ii) in subparagraph (B), by inserting ``or 
                      that would contribute to maintaining or improving 
                      military installation resilience'' before the 
                      semicolon; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by inserting ``or 
                      nature-based climate resilience plans'' before the 
                      period; and
                          (ii) in subparagraph (F)--
                                    (I) in clause (i)--
                                            (aa) by striking ``single 
                                        ecosystem that encompasses'' and 
                                        inserting ``single ecosystem--
                          ``(I) that encompasses'';
                                            (bb) by redesignating clause 
                                        (ii) as subclause (II) and 
                                        moving such subclause, as so 
                                        redesignated, two ems to the 
                                        right; and
                                            (cc) in subclause (II), as 
                                        redesignated by item (bb), by 
                                        striking the period at the end 
                                        and inserting ``; or''; and
                                    (II) by adding at the end the 
                                following new clause (ii):
                    ``(ii) for one or more ecosystems within a sentinel 
                landscape.''; and
            (2) by adding at the end the following new subsection:

    ``(e) Sentinel Landscape Defined.--In this section, the term 
`sentinel landscape' has the meaning given that term in section 317(f) 
of the National Defense Authorization Act for Fiscal Year 2018 (Public 
Law 115-91; 10 U.S.C. 2684a note).''.
SEC. 318. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT RED 
                        HILL BULK FUEL STORAGE FACILITY, HAWAI`I.

    (a) Sense of Congress.--In order to fully effectuate national 
security, assure the maximum safe utilization of the Red Hill Bulk Fuel 
Storage Facility in Honolulu, Hawai`i, and fully address concerns as to 
potential impacts of the facility on public health, it is the sense of 
Congress that the Secretary of the Navy and the Defense Logistics Agency 
should--
            (1) operate and maintain the Red Hill Bulk Fuel Storage 
        Facility to the highest standard possible; and
            (2) require safety inspections to be conducted more 
        frequently based on the corrosion rate of the piping and overall 
        condition of the pipeline system and support equipment at the 
        facility.

    (b) Inspection Requirement.--
            (1) Inspection required.--The Secretary of the Navy shall 
        direct the Naval Facilities Engineering Command to conduct an 
        inspection of the pipeline system, supporting infrastructure,

[[Page 135 STAT. 1633]]

        and appurtenances, including valves and any other corrosion 
        prone equipment, at the Red Hill Bulk Fuel Storage Facility.
            (2) Inspection agent; standards.--The inspection required by 
        this subsection shall be performed--
                    (A) by an independent American Petroleum Institute 
                certified inspector who will present findings of the 
                inspection and options to the Secretary of the Navy for 
                improving the integrity of the Red Hill Bulk Fuel 
                Storage Facility and its appurtenances; and
                    (B) in accordance with the Unified Facilities 
                Criteria (UFC-3-460-03) and American Petroleum Institute 
                570 inspection standards.
            (3) Exception.--The inspection required by this subsection 
        excludes the fuel tanks at the Red Hill Bulk Fuel Storage 
        Facility.

    (c) Life-cycle Sustainment Plan.--In conjunction with the inspection 
required by subsection (b), the Naval Facilities Engineering Command 
shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel 
Storage Facility, which shall consider the current condition and service 
life of the tanks, pipeline system, and support equipment.
    (d) >  Consideration of Alternatives to Red Hill 
Bulk Fuel Storage Facility.--The Secretary of Defense shall conduct an 
assessment of possible alternatives to the Red Hill Bulk Fuel Storage 
Facility for bulk fuel storage, including consideration of at least 
three locations outside of the State of Hawai`i. The assessment shall be 
based on the overall requirement to support the fuel requirements of the 
Pacific Fleet, the costs and timeline for recapitalization of the Red 
Hill Bulk Fuel Storage Facility to the standards delineated in 
subsection (b)(2)(B), and the costs and timeline to establish an 
alternative location for secure bulk fuel storage.

    (e) Reporting Requirement.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report containing--
            (1) the results of the independent inspection of the Red 
        Hill Bulk Fuel Storage Facility conducted under subsection (b);
            (2) >  the life-cycle sustainment plan 
        prepared by the Naval Facilities Engineering Command under 
        subsection (c);
            (3) the results of the assessment conducted by the Secretary 
        under subsection (d) of possible alternatives to the Red Hill 
        Bulk Fuel Storage Facility; and
            (4) options on improving the security and maintenance of the 
        Red Hill Bulk Fuel Storage Facility.
SEC. 319. >  ENERGY, WATER, AND WASTE NET-ZERO 
                        REQUIREMENT FOR MAJOR MILITARY 
                        INSTALLATIONS.

    (a) >  Requirement.--The Secretary of 
Defense shall improve military installation efficiency, performance, and 
management by ensuring that at least 10 percent of major military 
installations achieve energy net-zero and water or waste net-zero by 
fiscal year 2035.

    (b) Study on Requirement.--
            (1) >  Study.--Not later 
        than 60 days after the date of the enactment of this Act, the 
        Secretary shall seek to enter into

[[Page 135 STAT. 1634]]

        a contract with a federally funded research and development 
        center to carry out a study on the net-zero requirement 
        specified in subsection (a) that assesses, at a minimum, the 
        following:
                    (A) Potential methods or strategies to achieve such 
                requirement by the fiscal year 2035 deadline.
                    (B) The resiliency of major military installations 
                subject to such requirement with respect to grid or 
                other utility disruptions.
                    (C) The life-cycle costs related to such 
                requirement.
                    (D) Computation methods for determining such life-
                cycle costs.
                    (E) >  Such other matters as 
                the federally funded research and development center 
                carrying out the study determines appropriate.
            (2) Deadline.--The study under paragraph (1) shall be 
        completed by not later than February 1, 2023.
            (3) Briefing.--Upon completion of the study under paragraph 
        (1), the Secretary shall provide to the Committees on Armed 
        Services of the House of Representatives and Senate a briefing 
        on the findings of the study.

    (c) Status Report and Briefings on Progress Toward Meeting Current 
Goal Regarding Use of Renewable Energy to Meet Facility Energy Needs.--
            (1) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committees on Armed Services of the House of Representatives and 
        Senate a report on the progress the Secretary has made toward 
        meeting the goal described in section 2911(g)(1)(A) of title 10, 
        United States Code, with respect to fiscal year 2025.
            (2) >  Briefings.--During fiscal year 
        2022 and each succeeding fiscal year through fiscal year 2025, 
        the Secretary shall provide to the Committees on Armed Services 
        of the House of Representatives and Senate a briefing on the 
        progress the Secretary has made toward meeting the goal 
        described in section 2911(g)(1)(A) of title 10, United States 
        Code, with respect to fiscal year 2025.

    (d) >  Major Military Installation 
Defined.--In this section, the term ``major military installation'' has 
the meaning given to the term ``large site'' in the most recent version 
of the Department of Defense Base Structure Report issued before the 
date of the enactment of this Act.
SEC. 320. >  DEMONSTRATION PROGRAM ON 
                        DOMESTIC PRODUCTION OF RARE EARTH ELEMENTS 
                        FROM COAL BYPRODUCTS.

    (a) >  Demonstration Program Required.--Not later 
than 120 days after the date of the enactment of this Act, the Secretary 
of Defense shall commence carrying out a demonstration program on 
recovering rare earth elements and critical minerals from acid mine 
drainage and other coal byproducts.

    (b) Partnership.--In carrying out the demonstration program required 
by subsection (a), the Secretary shall seek to enter into a partnership 
with one or more institutions of higher education that can demonstrate 
techniques for recovering rare earth elements and critical minerals from 
acid mine drainage and other coal byproducts, as the Secretary considers 
applicable.
    (c) Elements.--The demonstration program required by subsection (a) 
shall address the following:

[[Page 135 STAT. 1635]]

            (1) The efficacy of separating rare earth elements and 
        critical minerals from acid mine drainage.
            (2) The feasibility of bringing such technology to 
        commercialized scale.
            (3) Domestic locations that are appropriate for the 
        deployment of such technology.
            (4) The ability of such technology to meet the requirements 
        of the defense industrial base to supplement the rare earth 
        element and critical mineral needs of the Department of Defense.

    (d) >  Duration.--The demonstration program 
required by subsection (a) shall be carried out during the one-year 
period beginning on the date of the commencement of the demonstration 
program.

    (e) >  Briefing.--Not later than 120 days after 
the date of the completion of the demonstration program required by 
subsection (a), the Secretary and the program manager of the institute 
of higher education with whom the Secretary partners pursuant to 
subsection (b) shall provide to the Committees on Armed Services of the 
Senate and the House of Representatives a briefing on the elements of 
the demonstration program set forth under subsection (c).
SEC. 321. >  LONG-DURATION DEMONSTRATION 
                        INITIATIVE AND JOINT PROGRAM.

    (a) >  Establishment of Initiative.--Not later 
than March 1, 2022, the Secretary of Defense shall establish a 
demonstration initiative composed of demonstration projects focused on 
the development of long-duration energy storage technologies.

    (b) Selection of Projects.--To the maximum extent practicable, in 
selecting demonstration projects to participate in the demonstration 
initiative under subsection (a), the Secretary of Defense shall--
            (1) ensure a range of technology types;
            (2) ensure regional diversity among projects; and
            (3) consider bulk power level, distribution power level, 
        behind-the-meter, microgrid (grid-connected or islanded mode), 
        and off-grid applications.

    (c) Joint Program.--
            (1) >  Establishment.--As part of the 
        demonstration initiative under subsection (a), the Secretary of 
        Defense, in consultation with the Secretary of Energy, shall 
        establish within the Department of Defense a joint program to 
        carry out projects--
                    (A) to demonstrate promising long-duration energy 
                storage technologies at different scales to promote 
                energy resiliency; and
                    (B) to help new, innovative long-duration energy 
                storage technologies become commercially viable.
            (2) >  Memorandum of understanding.--Not 
        later than 180 days after the date of the enactment of this Act, 
        the Secretary of Defense shall enter into a memorandum of 
        understanding with the Secretary of Energy to administer the 
        joint program.
            (3) Infrastructure.--In carrying out the joint program, the 
        Secretary of Defense and the Secretary of Energy shall--
                    (A) use existing test-bed infrastructure at--
                          (i) installations of the Department of 
                      Defense; and
                          (ii) facilities of the Department of Energy; 
                      and

[[Page 135 STAT. 1636]]

                    (B) develop new infrastructure for identified 
                projects, if appropriate.
            (4) Goals and metrics.--The Secretary of Defense and the 
        Secretary of Energy shall develop goals and metrics for 
        technological progress under the joint program consistent with 
        energy resilience and energy security policies.
            (5) Selection of projects.--
                    (A) In general.--To the maximum extent practicable, 
                in selecting projects to participate in the joint 
                program, the Secretary of Defense and the Secretary of 
                Energy may--
                          (i) ensure that projects are carried out under 
                      conditions that represent a variety of 
                      environments with different physical conditions 
                      and market constraints; and
                          (ii) ensure an appropriate balance of--
                                    (I) larger, operationally-scaled 
                                projects, adapting commercially-proven 
                                technology that meets military service 
                                defined requirements; and
                                    (II) smaller, lower-cost projects.
                    (B) Priority.--In carrying out the joint program, 
                the Secretary of Defense and the Secretary of Energy 
                shall give priority to demonstration projects that--
                          (i) >  make 
                      available to the public project information that 
                      will accelerate deployment of long-duration energy 
                      storage technologies that promote energy 
                      resiliency; and
                          (ii) will be carried out as field 
                      demonstrations fully integrated into the 
                      installation grid at an operational scale.
SEC. 322. >  PILOT PROGRAM 
                        TO TEST NEW SOFTWARE TO TRACK EMISSIONS AT 
                        CERTAIN MILITARY INSTALLATIONS.

    (a) In General.--The Secretary of Defense may conduct a pilot 
program (to be known as the ``Installations Emissions Tracking 
Program'') to evaluate the feasibility and effectiveness of software and 
emerging technologies and methodologies to track real-time emissions 
from military installations and installation assets.
    (b) Goals.--The goals of the Installations Emissions Tracking 
Program shall be--
            (1) to evaluate the capabilities of software and emerging 
        technologies and methodologies to effectively track emissions in 
        real time; and
            (2) to reduce energy costs and increase efficiencies.

    (c) Locations.--If the Secretary conducts the Installations 
Emissions Tracking Program, the Secretary shall select, for purposes of 
the Program, four major military installations located in different 
geographical regions of the United States.
SEC. 323. >  DEPARTMENT OF DEFENSE PLAN 
                        TO REDUCE GREENHOUSE GAS EMISSIONS.

    (a) >  Plan Required.--Not later than September 
30, 2022, the Secretary of Defense shall submit to Congress a plan to 
reduce the greenhouse gas emissions of the Department of Defense.

    (b) Briefings.--The Secretary shall provide to the Committees on 
Armed Services of the House of Representatives and the Senate annual 
briefings on the progress of the Department of Defense toward meeting 
science-based emissions targets in the plan required by subsection (a).

[[Page 135 STAT. 1637]]

            Subtitle C--National Security Climate Resilience

SEC. 331. >  DEFINITIONS.

    In this subtitle:
            (1) The terms ``climate resilience'' and ``extreme weather'' 
        have the meanings given such terms in section 101(a) of title 
        10, United States Code, as amended by section 332.
            (2) The term ``climate security'' has the meaning given such 
        term in the second subsection (e) of section 120 of the National 
        Security Act of 1947 (50 U.S.C. 3060(e)).
            (3) The term ``military installation resilience'' has the 
        meaning given such term in section 101(e) of title 10, United 
        States Code.
SEC. 332. CLIMATE RESILIENCE INFRASTRUCTURE INITIATIVE OF THE 
                        DEPARTMENT OF DEFENSE.

    (a) Climate Resilience Infrastructure Initiative.--Chapter 136 of 
title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 2285. >  Department of Defense Climate 
                  Resilience Infrastructure Initiative

    ``(a) Designation.--The programs, practices, and activities carried 
out pursuant to this section shall be known collectively as the `Climate 
Resilience Infrastructure Initiative of the Department of Defense'.
    ``(b) >  Hardening and Quick Recovery.--In 
carrying out military installation resilience plans pursuant to section 
2864 of this title, the Secretary of Defense shall ensure that the 
development by the Department of Defense of requirements for backup 
utilities, communications, and transportation to ensure that the 
critical infrastructure of Department facilities is hardened, developed, 
and constructed for quick recovery from natural disasters and the 
impacts of extreme weather.

    ``(d) >  Sustainment and Modernization.--The 
Secretary shall develop sustainment and modernization requirements for 
facilities of the Department in connection with climate resilience.

    ``(e) Collaboration in Planning With Local Communities.--The 
Secretary shall develop, within existing frameworks for collaborative 
activities between military installations and State and local 
communities, and in addition to the requirements of section 2864(c) of 
this title, a framework that authorizes and directs installation 
commanders to engage with State, regional, and local agencies, and with 
local communities, on planning for climate resilience, to enhance 
efficient response to impacts of extreme weather and secure 
collaborative investment in infrastructure that is resilient to the 
current and projected impacts of extreme weather.
    ``(f) Testing and Training Range Lands.--
            ``(1) Practices for sustainment of lands.--The Secretary 
        shall develop and implement practices to sustain the lands of 
        the military testing and training ranges of the Department, and 
        the lands of testing and training ranges on State-owned National 
        Guard installations, through the adaptation and resilience of 
        such lands to the current and projected impacts of extreme 
        weather to ensure the ongoing availability of such

[[Page 135 STAT. 1638]]

        lands to military personnel, weapon systems, and equipment for 
        testing and training purposes.
            ``(2) Training and education on sustainment of lands.--The 
        Secretary shall develop a program of training and education for 
        members of the Armed Forces (including the reserve components) 
        on the importance of the sustainment of the lands of the 
        military testing and training ranges as described in paragraph 
        (1).
            ``(3) Investment in resilience of lands.--The Secretary 
        shall use existing programs of the Department, including the 
        Readiness and Environmental Protection Integration Program of 
        the Department (or such successor program), to provide for 
        investments determined appropriate by the Secretary in the lands 
        of the military testing and training ranges, to increase the 
        resilience and adaptation of such lands to the current and 
        projected impacts of extreme weather for testing and training 
        purposes in connection with current and projected testing and 
        training requirements in the short- and long-term.

    ``(b) Use of Certain Technologies.--The Secretary shall take 
appropriate actions to increase the use of low emission, emission-free, 
and net-zero-emission energy technologies in the operations, programs, 
projects, and activities of the Department, provided the use is cost 
effective over the life-cycle of the investment.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter >  is amended by adding at the 
end the following new item:

``2285. Department of Defense Climate Resilience Infrastructure 
           Initiative.''.

    (c) Definitions.--Section 101(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraphs:
            ``(19) The term `climate resilience' means the capability to 
        avoid, prepare for, minimize the effect of, adapt to, and 
        recover from, extreme weather, or from anticipated or 
        unanticipated changes in environmental conditions, that do (or 
        have the potential to) adversely affect the national security of 
        the United States or of allies and partners of the United 
        States.
            ``(20) The term `extreme weather' means recurrent flooding, 
        drought, desertification, wildfires, thawing permafrost, sea 
        level fluctuation, changes in mean high tides, or any other 
        weather-related event, or anticipated change in environmental 
        conditions, that present (or are projected to present) a 
        recurring annual threat to the climate security of the United 
        States or of allies and partners of the United States.''.
SEC. 333. INCLUSION OF INFORMATION REGARDING EXTREME WEATHER AND 
                        CYBER ATTACKS OR DISRUPTIONS IN REPORTS ON 
                        NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

    Section 2504(3)(B) of title 10, United States Code, is amended by 
inserting ``(including vulnerabilities related to the current and 
projected impacts of extreme weather and to cyber attacks or 
disruptions)'' after ``industrial base''.
SEC. 334. >  CLIMATE RESILIENCE IN 
                        PLANNING, ENGAGEMENT STRATEGIES, 
                        INFRASTRUCTURE, AND FORCE DEVELOPMENT OF 
                        DEPARTMENT OF DEFENSE.

    (a) Climate Challenges and Climate Resilience in Key Processes of 
Department of Defense.--The Secretary of Defense

[[Page 135 STAT. 1639]]

shall direct that the acquisition, budget planning and execution, 
infrastructure planning and sustainment, force development, engagement 
strategy development, security assistance, and other core processes of 
the Department of Defense fully consider and make needed adjustments to 
account for current and emerging climate and environmental challenges 
and to ensure the climate resilience of assets and capabilities of the 
Department, to include cost effectiveness over the life cycle of the 
investment weighed against threat reduction.
    (b) Climate Resilience Mission Impact Assessment.--
            (1) In general.--The Secretary shall conduct a mission 
        impact assessment on climate resilience for the Department.
            (2) Elements.--The assessment conducted under paragraph (1) 
        shall include the following:
                    (A) An assessment of the direct impacts of extreme 
                weather on the deployment and operations of the Armed 
                Forces, and the manner in which extreme weather may 
                impact the requirements of the commanders of the 
                combatant commands in the respective areas of 
                responsibility of such commanders, including--
                          (i) an assessment of the evolving posture of 
                      peer competitors and impacts to deployment and 
                      operations of peer competitors due to extreme 
                      weather;
                          (ii) an assessment of the impacts of expanding 
                      requirements for Department humanitarian 
                      assistance and disaster response due to extreme 
                      weather;
                          (iii) a threat assessment of the impacts of 
                      extreme weather, drought, and desertification on 
                      regional stability;
                          (iv) an assessment of risks to home station 
                      strategic and operational support area readiness, 
                      including the strategic highway network, the 
                      strategic rail network, and strategic air and sea 
                      ports; and
                          (v) >  the 
                      development of standards for data collection to 
                      assist decision-making processes for research, 
                      development, and acquisition priorities for 
                      installation and infrastructure resilience to 
                      extreme weather.
                    (B) A long-term strategic plan, including war games 
                and exercises, centered on climate-driven crises, and a 
                long-term assessment of climate security by the Office 
                of Net Assessment of the Department.
                    (C) >  A review outlining near-term 
                and long-term needs for research, development, and 
                deployment for equipment and other measures required to 
                assure the resilience of the assets and capabilities of 
                the Department and each component thereof, and of key 
                elements of the defense industrial base and supporting 
                transportation networks, to the impacts of extreme 
                weather.

    (c) Reports.--
            (1) >  In general.--Not later than one 
        year after the date of the enactment of this Act, and every five 
        years thereafter, the Chairman of the Joint Chiefs of Staff 
        shall submit to the Committees on Armed Services of the Senate 
        and the House of Representatives a report on the broader 
        strategic and operational impacts of extreme weather on the 
        Department,

[[Page 135 STAT. 1640]]

        measures to address such impacts, and progress in implementing 
        new technologies and platforms, training and education methods, 
        and data collection and dissemination for each military 
        department to meet the respective mission requirements of the 
        department.
            (2) Research, development, and deployment needs.--Each 
        report required by paragraph (1) shall identify research, 
        development, and deployment needs for each combatant command and 
        functional command.
SEC. 335. ASSESSMENT OF CLIMATE RISKS TO INFRASTRUCTURE OF 
                        DEPARTMENT OF DEFENSE.

    (a) In General.--The Secretary of Defense shall direct the Secretary 
of each military department to--
            (1) assess the vulnerability of installations and other 
        facilities under the jurisdiction of such Secretary, and of 
        State-owned National Guard installations, to the current and 
        projected impacts of extreme weather, using vulnerability and 
        risk assessment tools chosen or developed pursuant to section 
        326 of the National Defense Authorization Act for Fiscal Year 
        2020 (Public Law 116-92; 133 Stat. 1310);
            (2) assess the infrastructure required for successful 
        operation of such installations and facilities in response to 
        any such vulnerabilities and ensure the military installation 
        resilience of such installations and facilities; and
            (3) develop installation-specific plans pursuant to section 
        2864(c) of title 10, United States Code, and similar plans for 
        State-owned National Guard installations, to address such 
        vulnerabilities.

    (b) >  Facility Assessment.--In carrying out 
subsection (a), the Secretary of each military department shall 
determine the needs of the military installations and other facilities 
under the jurisdiction of such Secretary, and of State-owned National 
Guard installations, based on the level of risks posed by the current 
and projected impacts of extreme weather, the likelihood of such risks, 
and the role of such installations and facilities in maintaining overall 
readiness and operational capability.

    (c) Considerations.--In carrying out the assessments and developing 
the plans required under this section, the Secretary of Defense shall 
ensure that the cost effectiveness over the life-cycle of the 
investment, and the feasibility of solutions and technologies, are 
considered.

 Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl 
                               Substances

SEC. 341. TREATMENT BY DEPARTMENT OF DEFENSE OF PERFLUOROALKYL 
                        SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.

    (a) In General.--Chapter 160 of title 10, United States Code, is 
amended by adding at the end the following new sections:

[[Page 135 STAT. 1641]]

``Sec. 2714. >  Perfluoroalkyl substances and 
                  polyfluoroalkyl substances task force

    ``(a) >  In General.--The Secretary of 
Defense shall establish a task force to address the effects of the 
release of perfluoroalkyl substances and polyfluoroalkyl substances from 
activities of the Department of Defense (in this section referred to as 
the `PFAS Task Force').

    ``(b) Membership.--The members of the PFAS Task Force are the 
following:
            ``(1) The Assistant Secretary of Defense for Energy, 
        Installations, and Environment.
            ``(2) The Assistant Secretary of the Army for Installations, 
        Energy, and Environment.
            ``(3) The Assistant Secretary of the Navy for Energy, 
        Installations, and Environment.
            ``(4) The Assistant Secretary of the Air Force for 
        Installations, Environment, and Energy.
            ``(5) The Assistant Secretary of Defense for Health Affairs.

    ``(c) Chairman.--The Assistant Secretary of Defense for Energy, 
Installations, and Environment shall be the chairman of the PFAS Task 
Force.
    ``(d) Support.--The Under Secretary of Defense for Personnel and 
Readiness and such other individuals as the Secretary of Defense 
considers appropriate shall support the activities of the PFAS Task 
Force.
    ``(e) Duties.--The duties of the PFAS Task Force are the following:
            ``(1) Monitoring the health aspects of exposure to 
        perfluoroalkyl substances and polyfluoroalkyl substances, as 
        found by the Secretary of Health and Human Services.
            ``(2) Identifying, and funding the procurement of, an 
        effective alternative to firefighting foam containing 
        perfluoroalkyl substances or polyfluoroalkyl substances.
            ``(3) >  Coordinating within the 
        Department of Defense with respect to mitigating the effects of 
        the release of perfluoroalkyl substances and polyfluoroalkyl 
        substances.
            ``(4) >  Assessing the perceptions of 
        Congress and the public of the efforts of the Department of 
        Defense with respect to mitigating the effects of the release of 
        perfluoroalkyl substances and polyfluoroalkyl substances from 
        activities of the Department.

    ``(f) >  Report.--Not later than 90 days after 
the date of the enactment of the National Defense Authorization Act for 
Fiscal Year 2022, and quarterly thereafter, the Chairman of the PFAS 
Task Force shall submit to Congress a report on the activities of the 
task force.

    ``(g) Definitions.--In this section:
            ``(1) The term `perfluoroalkyl substance' means a man-made 
        chemical of which all of the carbon atoms are fully fluorinated 
        carbon atoms.
            ``(2) The term `polyfluoroalkyl substance' means a man-made 
        chemical containing a mix of fully fluorinated carbon atoms, 
        partially fluorinated carbon atoms, and nonfluorinated carbon 
        atoms.

[[Page 135 STAT. 1642]]

``Sec. 2715. >  Testing for perfluoroalkyl 
                  substances and polyfluoroalkyl substances at 
                  military installations and facilities of the 
                  National Guard

    ``(a) >  In General.--
Not later than two years after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense 
shall complete preliminary assessment and site inspection testing for 
perfluoroalkyl substances and polyfluoroalkyl substances at all military 
installations and facilities of the National Guard located in the United 
States that are identified as of March 31, 2021, as having a release of 
perfluoroalkyl substances or polyfluoroalkyl substances.

    ``(b) Determination of Contamination.--Testing conducted under 
subsection (a) at a military installation or facility of the National 
Guard shall determine--
            ``(1) whether the installation or facility has contamination 
        from a perfluoroalkyl substance or polyfluoroalkyl substance; 
        and
            ``(2) whether activities in connection with such 
        installation or facility have caused contamination from a 
        perfluoroalkyl substance or polyfluoroalkyl substance outside of 
        such installation or facility.

    ``(c) Additional Response Actions.--Testing conducted under 
subsection (a) shall provide at least a preliminary basis for 
determining whether additional environmental response actions are 
necessary to address contamination from a perfluoroalkyl substance or 
polyfluoroalkyl substance.
    ``(d) Type of Testing.--When testing for perfluoroalkyl substances 
or polyfluoroalkyl substances under subsection (a) or any other 
provision of law, the Secretary shall use a method to measure for all 
perfluoroalkyl substances or polyfluoroalkyl substances in drinking 
water that has been validated by the Administrator of the Environmental 
Protection Agency.
    ``(e) Definitions.--In this section:
            ``(1) The term `military installation' has the meaning given 
        such term in section 2801(c)(4) of this title.
            ``(2) The terms `perfluoroalkyl substance' and 
        `polyfluoroalkyl substance' have the meanings given such terms 
        in section 2714 of this title.''.

    (b) Clerical Amendment.--The table of sections for such 
chapter >  is amended by adding at the end the 
following new items:

``2714. Perfluoroalkyl substances and polyfluoroalkyl substances task 
           force.
``2715. Testing for perfluoroalkyl substances and polyfluoroalkyl 
           substances at military installations and facilities of the 
           National Guard.''.

    (c) Reports on Status of Testing.--
            (1) >  Submission.--For each of fiscal 
        years 2022 through 2024, the Secretary shall submit to the 
        Committees on Armed Services of the House of Representatives and 
        the Senate a report on the status of the testing conducted under 
        section 2715(a) of title 10, United States Code (as added by 
        subsection (a)), during such year.
            (2) Matters.--Each report submitted under paragraph (1) 
        shall identify, with respect to testing conducted under such 
        section 2715(a)--
                    (A) each military installation or facility where 
                testing has been completed;
                    (B) each military installation or facility where 
                testing has not yet been completed;

[[Page 135 STAT. 1643]]

                    (C) the projected completion date for testing at 
                military installations or facilities where testing has 
                not yet been completed;
                    (D) the results of testing at military installations 
                or facilities where testing has been completed; and
                    (E) >  the actions planned, and 
                the projected timelines for such actions, for each 
                military installation or facility to address 
                contamination by a perfluoroalkyl substance or 
                polyfluoroalkyl substance.
            (3) Timing.--Each report under paragraph (1) shall be 
        submitted not later than January 1 of the fiscal year 
        immediately following the fiscal year covered by the report.
            (4) Limitation on delegation.--The Secretary may delegate 
        the responsibility for preparing the reports required by 
        paragraph (1) only to the Deputy Secretary of Defense.
            (5) Definitions.--In this subsection, the terms ``military 
        installation'', ``perfluoroalkyl substance'', and 
        ``polyfluoroalkyl substance'' have the meanings given such terms 
        in section 2715 of title 10, United States Code (as added by 
        subsection (a)).
SEC. 342. EXTENSION OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND 
                        ASSESSMENT ON HEALTH IMPLICATIONS OF PER- 
                        AND POLYFLUOROALKYL SUBSTANCES 
                        CONTAMINATION IN DRINKING WATER BY AGENCY 
                        FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

    Section 316(a)(2)(B)(ii) of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by 
section 315(a) of the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1713), section 321 
of the National Defense Authorization Act for Fiscal Year 2020 (Public 
Law 116-92; 133 Stat. 1307), and section 337 of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 2021 
(Public Law 116-283), >  is further amended by 
striking ``fiscal years 2019, 2020, and 2021'' and inserting ``fiscal 
years 2019 through 2023''.
SEC. 343. >  TEMPORARY MORATORIUM ON 
                        INCINERATION BY DEPARTMENT OF DEFENSE OF 
                        PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL 
                        SUBSTANCES, AND AQUEOUS FILM FORMING FOAM.

    (a) >  Temporary Moratorium.--Beginning not 
later than 120 days after the date of the enactment of this Act, the 
Secretary of Defense shall prohibit the incineration of covered 
materials until the earlier of the following:
            (1) The date on which the Secretary issues guidance 
        implementing--
                    (A) the interim guidance on the destruction and 
                disposal of PFAS and materials containing PFAS published 
                by the Administrator of the Environmental Protection 
                Agency under section 7361 of the National Defense 
                Authorization Act for Fiscal Year 2020 (15 U.S.C. 8961); 
                and
                    (B) section 330 of the National Defense 
                Authorization Act for Fiscal Year 2020 (Public Law 116-
                92; 10 U.S.C. 2701 note).
            (2) >  The date on 
        which the Administrator of the Environmental Protection Agency 
        publishes in the Federal Register

[[Page 135 STAT. 1644]]

        a final rule regarding the destruction and disposal of such 
        materials pursuant to such section.

    (b) Required Adoption of Final Rule.--Upon publication of the final 
rule specified in subsection (a)(2), the Secretary shall adopt such 
final rule, regardless of whether the Secretary previously implemented 
the interim guidance specified in subsection (a)(1)(A).
    (c) >  Report.--Not later than one year after 
the enactment of this Act, and annually thereafter for three years, the 
Secretary shall submit to the Administrator and the Committees on Armed 
Services of the Senate and the House of Representatives a report on all 
incineration by the Department of Defense of covered materials during 
the year covered by the report, including--
            (1) the total amount of covered materials incinerated;
            (2) the temperature range specified in the permit where the 
        covered materials were incinerated;
            (3) the locations and facilities where the covered materials 
        were incinerated;
            (4) details on actions taken by the Department of Defense to 
        implement section 330 of the National Defense Authorization Act 
        for Fiscal Year 2020; and
            (5) >  recommendations for the 
        safe storage of PFAS and PFAS-containing materials prior to 
        destruction and disposal.

    (d) >  Scope.--The prohibition in subsection 
(a) and reporting requirements in subsection (c) shall apply not only to 
materials sent directly by the Department of Defense to an incinerator, 
but also to materials sent to another entity or entities, including any 
waste processing facility, subcontractor, or fuel blending facility, 
prior to incineration.

    (e) Definitions.--In this section:
            (1) The term ``AFFF'' means aqueous film forming foam.
            (2) The term ``covered material'' means any AFFF formulation 
        containing PFAS, material contaminated by AFFF release, or spent 
        filter or other PFAS-contaminated material resulting from site 
        remediation or water filtration that--
                    (A) has been used by the Department of Defense or a 
                military department;
                    (B) is being discarded for disposal by the 
                Department of Defense or a military department; or
                    (C) is being removed from sites or facilities owned 
                or operated by the Department of Defense.
            (3) The term ``PFAS'' means per- or polyfluoroalkyl 
        substances.
SEC. 344. >  REVIEW AND GUIDANCE 
                        RELATING TO PREVENTION AND MITIGATION OF 
                        SPILLS OF AQUEOUS FILM-FORMING FOAM.

    (a) >  Review Required.--Not later than 180 days 
of after the date of the enactment of this Act, the Secretary of Defense 
shall complete a review of the efforts of the Department of Defense to 
prevent or mitigate spills of aqueous film-forming foam (in this section 
referred to as ``AFFF''). >  Such review shall 
assess the following:
            (1) >  The preventative maintenance 
        guidelines for fire trucks of the Department and fire 
        suppression systems in buildings of the Department, to mitigate 
        the risk of equipment failure that may result in a spill of 
        AFFF.

[[Page 135 STAT. 1645]]

            (2) >  Any requirements for the use of 
        personal protective equipment by personnel when conducting a 
        material transfer or maintenance activity of the Department that 
        may result in a spill of AFFF, or when conducting remediation 
        activities for such a spill, including requirements for side-
        shield safety glasses, latex gloves, and respiratory protection 
        equipment.
            (3) >  The methods by which the 
        Secretary ensures compliance with guidance specified in material 
        safety data sheets with respect to the use of such personal 
        protective equipment.

    (b) >  Guidance.--Not later 
than 90 days after the date on which the Secretary completes the review 
under subsection (a), the Secretary shall issue guidance on the 
prevention and mitigation of spills of AFFF based on the results of such 
review that includes, at a minimum, best practices and recommended 
requirements to ensure the following:
            (1) The supervision by personnel trained in responding to 
        spills of AFFF of each material transfer or maintenance activity 
        of the Department of Defense that may result in such a spill.
            (2) The use of containment berms and the covering of storm 
        drains and catch basins by personnel performing maintenance 
        activities for the Department in the vicinity of such drains or 
        basins.
            (3) The storage of materials for the cleanup and containment 
        of AFFF in close proximity to fire suppression systems in 
        buildings of the Department and the presence of such materials 
        during any transfer or activity specified in paragraph (1).

    (c) >  Briefing.--Not later than 30 days 
after the date on which the Secretary issues the guidance under 
subsection (b), the Secretary shall provide to the congressional defense 
committees a briefing that summarizes the results of the review 
conducted under subsection (a) and the guidance issued under subsection 
(b).
SEC. 345. >  PUBLIC DISCLOSURE OF 
                        RESULTS OF DEPARTMENT OF DEFENSE TESTING 
                        OF WATER FOR PERFLUOROALKYL OR 
                        POLYFLUOROALKYL SUBSTANCES.

    (a) Public Disclosure of Results.--
            (1) >  In general.--Except as provided in 
        paragraph (2), not later than 20 days after the receipt of a 
        final result of testing water for perfluoroalkyl or 
        polyfluoroalkyl substances (commonly referred to as ``PFAS'') in 
        a covered area, the Secretary of Defense shall publicly disclose 
        such final result, including--
                    (A) the results of all such testing conducted in the 
                covered area by the Department of Defense; and
                    (B) the results of all such testing conducted in the 
                covered area by a non-Department entity (including any 
                Federal agency and any public or private entity) under a 
                contract, or pursuant to an agreement, with the 
                Department of Defense.
            (2) Consent by private property owners.--The Secretary of 
        Defense may not publicly disclose the results of testing for 
        perfluoroalkyl or polyfluoroalkyl substances conducted on 
        private property without the consent of the property owner.

    (b) >  Public Disclosure of 
Planned Testing of Water.--Not later than 180 days after the date of the 
enactment of the Act, and every 90 days thereafter, the Secretary of 
Defense shall

[[Page 135 STAT. 1646]]

publicly disclose the anticipated timeline for, and general location of, 
any planned testing for perfluoroalkyl or polyfluoroalkyl substances 
proposed to be conducted in a covered area, including--
            (1) all such testing to be conducted by the Department of 
        Defense; and
            (2) all such testing to be conducted by a non-Department 
        entity (including any Federal agency and any public or private 
        entity) under a contract, or pursuant to an agreement, with the 
        Department.

    (c) >  Nature of Disclosure.--The Secretary of 
Defense may satisfy the disclosure requirements under subsections (a) 
and (b) by publishing the results and information referred to in such 
subsections--
            (1) on the publicly available website established under 
        section 331(b) of the National Defense Authorization Act for 
        Fiscal Year 2020 (Public Law 116-92; 10 U.S.C 2701 note);
            (2) on another publicly available website of the Department 
        of Defense; or
            (3) >  in the Federal 
        Register.

    (d) Local Notification.--Prior to conducting any testing of water 
for perfluoroalkyl or polyfluoroalkyl substances, including any testing 
which has not been planned or publicly disclosed pursuant to subsection 
(b), the Secretary of Defense shall provide notice of the testing to--
            (1) the managers of the public water system serving the 
        covered area where such testing is to occur;
            (2) the heads of the municipal government serving the 
        covered area where such testing is to occur; and
            (3) as applicable, the members of the restoration advisory 
        board for the military installation where such testing is to 
        occur.

    (e) Methods for Testing.--In testing water for perfluoroalkyl or 
polyfluoroalkyl substances, the Secretary of Defense shall adhere to 
methods for measuring the amount of such substances in drinking water 
that have been validated by the Administrator of the Environmental 
Protection Agency.
    (f) Definitions.--In this section:
            (1) The term ``covered area'' means an area in the United 
        States that is located immediately adjacent to and down gradient 
        from a military installation, a formerly used defense site, or a 
        facility where military activities are conducted by the National 
        Guard of a State pursuant to section 2707(e) of title 10, United 
        States Code.
            (2) The term ``formerly used defense site'' means any site 
        formerly used by the Department of Defense or National Guard 
        eligible for environmental restoration by the Secretary of 
        Defense funded under the ``Environmental Restoration Account, 
        Formerly Used Defense Sites'' account established under section 
        2703(a)(5) of title 10, United States Code.
            (3) The term ``military installation'' has the meaning given 
        such term in section 2801(c)(4) of title 10, United States Code.
            (4) The term ``perfluoroalkyl or polyfluoroalkyl substance'' 
        means any man-made chemical with at least one fully fluorinated 
        carbon atom.
            (5) The term ``public water system'' has the meaning given 
        such term under section 1401(4) of the Safe Drinking Water Act 
        (42 U.S.C. 300f(4)).

[[Page 135 STAT. 1647]]

            (6) The term ``restoration advisory board'' means a 
        restoration advisory board established pursuant to section 
        2705(d) of title 10, United States Code.
SEC. 346. >  REVIEW OF AGREEMENTS WITH 
                        NON-DEPARTMENT ENTITIES WITH RESPECT TO 
                        PREVENTION AND MITIGATION OF SPILLS OF 
                        AQUEOUS FILM-FORMING FOAM.

    (a) >  Review Required.--Not later than 180 days 
of after the date of the enactment of this Act, the Secretary of Defense 
shall complete a review of mutual support agreements entered into with 
non-Department of Defense entities (including State and local entities) 
that involve fire suppression activities in support of missions of the 
Department.

    (b) >  Matters.--The review under subsection (a) 
shall assess, with respect to the agreements specified in such 
subsection, the following:
            (1) >  The preventative maintenance 
        guidelines specified in such agreements for fire trucks and fire 
        suppression systems, to mitigate the risk of equipment failure 
        that may result in a spill of aqueous film-forming foam (in this 
        section referred to as ``AFFF'').
            (2) >  Any requirements specified in 
        such agreements for the use of personal protective equipment by 
        personnel when conducting a material transfer or maintenance 
        activity pursuant to the agreement that may result in a spill of 
        AFFF, or when conducting remediation activities for such a 
        spill, including requirements for side-shield safety glasses, 
        latex gloves, and respiratory protection equipment.
            (3) >  The methods by which the 
        Secretary, or the non-Department entity with which the Secretary 
        has entered into the agreement, ensures compliance with guidance 
        specified in the agreement with respect to the use of such 
        personal protective equipment.

    (c) >  
Guidance.--Not later than 90 days after the date on which the Secretary 
completes the review under subsection (a), the Secretary shall issue 
guidance (based on the results of such review) on requirements to 
include under the agreements specified in such subsection, to ensure the 
prevention and mitigation of spills of AFFF. Such guidance shall 
include, at a minimum, best practices and recommended requirements to 
ensure the following:
            (1) The supervision by personnel trained in responding to 
        spills of AFFF of each material transfer or maintenance activity 
        carried out pursuant to such an agreement that may result in 
        such a spill.
            (2) The use of containment berms and the covering of storm 
        drains and catch basins by personnel performing maintenance 
        activities pursuant to such an agreement in the vicinity of such 
        drains or basins.
            (3) The storage of materials for the cleanup and containment 
        of AFFF in close proximity to fire suppression systems in 
        buildings of the Department and the presence of such materials 
        during any transfer or activity specified in paragraph (1).

    (d) >  Briefing.--Not later than 30 days 
after the date on which the Secretary issues the guidance under 
subsection (c), the Secretary shall provide to the congressional defense 
committees a briefing

[[Page 135 STAT. 1648]]

that summarizes the results of the review conducted under subsection (a) 
and the guidance issued under subsection (c).
SEC. 347. COMPTROLLER GENERAL STUDY ON DEPARTMENT OF DEFENSE 
                        PROCUREMENT OF CERTAIN ITEMS CONTAINING 
                        CERTAIN PFAS SUBSTANCES.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the procurement by the Department of Defense of 
certain items that contain covered PFAS substances.
    (b) >  Elements.--In conducting the study under 
subsection (a), the Comptroller General shall assess the following:
            (1) The extent to which information is available to the 
        Department of Defense regarding the presence of covered PFAS 
        substances in the items procured by the Department.
            (2) The challenges, if any, that exist in identifying the 
        presence of covered PFAS substances in the items the Department 
        procures, including whether there are certain categories of 
        items that are more readily identified than others as containing 
        such substances.
            (3) The extent to which the Department has examined the 
        feasibility of prohibiting the procurement of items containing 
        covered PFAS substances.
            (4) Such other topics as may be determined necessary by the 
        Comptroller General.

    (c) >  Items.--In conducting the study under 
subsection (a), the Comptroller General shall, to the extent 
practicable, examine information relating to the consideration by the 
Department of Defense of such substances in the following items:
            (1) Furniture or floor waxes.
            (2) Car wax and car window treatments.
            (3) Cleaning products.
            (4) Shoes and clothing for which treatment with a covered 
        PFAS substance is not necessary for an essential function.

    (d) >  Briefing and Report.--Not later than 180 
days after the date of enactment of this Act, the Comptroller General 
shall provide to the Committees on Armed Services of the House of 
Representatives and the Senate an interim briefing on the study 
conducted under subsection (a), including any preliminary observations. 
After such interim briefing, the Comptroller General shall submit to the 
committees a report on the study at a date mutually agreed upon by the 
Comptroller General and the committees.

    (e) Covered PFAS Substance Defined.--In this section, the term 
``covered PFAS substance'' means any of the following:
            (1) Perfluorononanoic acid (PFNA).
            (2) Perfluorooctanoic acid (PFOA).
            (3) Perfluorohexanoic acid (PFHxA).
            (4) Perfluorooctane sulfonic acid (PFOS).
            (5) Perfluorohexane sulfonate (PFHxS).
            (6) Perfluorobutane sulfonic acid (PFBS).
            (7) GenX.
SEC. 348. REPORT ON SCHEDULE FOR COMPLETION OF REMEDIATION OF 
                        PERFLUOROALKYL SUBSTANCES AND 
                        POLYFLUOROALKYL SUBSTANCES.

    (a) >  In General.--Not 
later than 270 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report detailing a 
proposed schedule for the

[[Page 135 STAT. 1649]]

completion of remediation of perfluoroalkyl substances and 
polyfluoroalkyl substances, and the associated cost estimates to perform 
such remediation, at military installations, facilities of the National 
Guard, and formerly used defense sites in the United States that are 
identified as of March 31, 2021, as having a release of perfluoroalkyl 
substances or polyfluoroalkyl substances.

    (b) Definitions.--In this section:
            (1) The term ``military installation'' has the meaning given 
        such term in section 2801(c)(4) of title 10, United States Code.
            (2) The term ``perfluoroalkyl substance'' means a man-made 
        chemical of which all of the carbon atoms are fully fluorinated 
        carbon atoms.
            (3) The term ``polyfluoroalkyl substance'' means a man-made 
        chemical containing a mix of fully fluorinated carbon atoms, 
        partially fluorinated carbon atoms, and nonfluorinated carbon 
        atoms.
SEC. 349. REPORT ON REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND 
                        POLYFLUOROALKYL SUBSTANCES AT CERTAIN 
                        MILITARY INSTALLATIONS.

    (a) >  In General.--Not later than 60 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report identifying the status of efforts to 
remediate perfluoroalkyl substances and polyfluoroalkyl substances at 
the following locations:
            (1) England Air Force Base, Louisiana.
            (2) Naval Air Weapons Station China Lake, California.
            (3) Patrick Air Force Base, Florida.
            (4) Myrtle Beach Air Force Base, South Carolina.
            (5) Langley Air Force Base, Virginia.
            (6) Naval Air Station Jacksonville, Florida.
            (7) Niagara Falls Air Reserve Station, New York.
            (8) Grand Prairie Armed Forces Reserve Complex, Texas.
            (9) Altus Air Force Base, Oklahoma.
            (10) Charleston Air Force Base, South Carolina.
            (11) Barksdale Air Force Base, Louisiana.
            (12) Plattsburgh Air Force Base, New York.
            (13) Tyndall Air Force Base, Florida.
            (14) Sheppard Air Force Base, Texas.
            (15) Columbus Air Force Base, Mississippi.
            (16) Chanute Air Force Base, Illinois.
            (17) Marine Corps Air Station Tustin, California.
            (18) Travis Air Force Base, California.
            (19) Ellsworth Air Force Base, South Dakota.
            (20) Minot Air Force Base, North Dakota.
            (21) Westover Air Reserve Base, Massachusetts.
            (22) Eaker Air Force Base, Arkansas.
            (23) Naval Air Station Alameda, California.
            (24) Eielson Air Force Base, Alaska.
            (25) Horsham Air Guard Station, Pennsylvania.
            (26) Vance Air Force Base, Oklahoma.
            (27) Dover Air Force Base, Delaware.
            (28) Edwards Air Force Base, California.
            (29) Robins Air Force Base, Georgia.
            (30) Joint Base McGuire-Dix-Lakehurst, New Jersey.
            (31) Galena Air Force Base, Alaska.

[[Page 135 STAT. 1650]]

            (32) Naval Research Laboratory Chesapeake Bay Detachment, 
        Maryland.
            (33) Buckley Air Force Base, Colorado.
            (34) Arnold Air Force Base, Tennessee.
            (35) Tinker Air Force Base, Oklahoma.
            (36) Fairchild Air Force Base, Washington.
            (37) Vandenberg Air Force Base, California.
            (38) Hancock Field Air National Guard Base, New York.
            (39) F.E. Warren Air Force Base, Wyoming.
            (40) Nevada Air National Guard Base, Nevada.
            (41) K.I. Sawyer Air Force Base, Michigan.
            (42) Pease Air Force Base, New Hampshire.
            (43) Whiteman Air Force Base, Missouri.
            (44) Wurtsmith Air Force Base, Michigan.
            (45) Shepherd Field Air National Guard Base, West Virginia.
            (46) Naval Air Station Whidbey Island-Ault Field, 
        Washington.
            (47) Rosecrans Air National Guard Base, Missouri.
            (48) Joint Base Andrews, Maryland.
            (49) Iowa Air National Guard Base, Iowa.
            (50) Stewart Air National Guard Base, New York.

    (b) Definitions.--In this section:
            (1) The term ``perfluoroalkyl substance'' means a man-made 
        chemical of which all of the carbon atoms are fully fluorinated 
        carbon atoms.
            (2) The term ``polyfluoroalkyl substance'' means a man-made 
        chemical containing a mix of fully fluorinated carbon atoms, 
        partially fluorinated carbon atoms, and nonfluorinated carbon 
        atoms.

                  Subtitle E--Logistics and Sustainment

SEC. 351. MITIGATION OF CONTESTED LOGISTICS CHALLENGES OF THE 
                        DEPARTMENT OF DEFENSE THROUGH REDUCTION OF 
                        OPERATIONAL ENERGY DEMAND.

    (a) Clarification of Operational Energy Responsibilities.--Section 
2926 of title 10, United States Code, is amended--
            (1) in subsection (a), by inserting ``in contested logistics 
        environments'' after ``missions''; and
            (2) in subsection (b)--
                    (A) in the heading, by striking ``Authorities'' and 
                inserting ``Responsibilities'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``may'' and inserting ``shall'';
                    (C) by amending paragraph (1) to read as follows:
            ``(1) require the Secretaries concerned and the commanders 
        of the combatant commands to assess the energy supportability in 
        contested logistics environments of systems, capabilities, and 
        plans;'';
                    (D) in paragraph (2), by inserting `` supportability 
                in contested logistics environments,'' after ``power,''; 
                and
                    (E) in paragraph (3), by inserting ``in contested 
                logistics environments'' after ``vulnerabilities''.

    (b) Establishment of Working Group.--Such section is further 
amended--

[[Page 135 STAT. 1651]]

            (1) in subsection (c)--
                    (A) >  in the matter preceding 
                paragraph (1), by inserting `` and in coordination with 
                the working group under subsection (d)'' after 
                ``components'';
                    (B) in paragraph (1), by striking ``Defense and 
                oversee'' and inserting ``Defense, including the 
                activities of the working group established under 
                subsection (d), and oversee'';
                    (C) in paragraph (2), by inserting ``, taking into 
                account the findings of the working group under 
                subsection (d)'' after ``Defense''; and
                    (D) in paragraph (3), by inserting ``, taking into 
                account the findings of the working group under 
                subsection (d)'' after ``resilience'';
            (2) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively;
            (3) by inserting after subsection (c), as amended by 
        paragraph (1), the following new subsection:

    ``(d) >  Working Group.--(1) The Secretary of 
Defense shall establish a working group to integrate efforts to mitigate 
contested logistics challenges through the reduction of operational 
energy demand that are carried out within each armed force, across the 
armed forces, and with the Office of the Secretary of Defense and to 
conduct other coordinated functions relating to such efforts.

    ``(2) The head of the working group under paragraph (1) shall be the 
Assistant Secretary of Defense for Energy, Installations, and 
Environment. The Assistant Secretary shall supervise the members of the 
working group and provide guidance to such members with respect to 
specific operational energy plans and programs to be carried out 
pursuant to the strategy under subsection (e).
    ``(3) >  The members of the working group 
under paragraph (1) shall be appointed as follows:
            ``(A) A senior official of each armed force, who shall be 
        nominated by the Secretary concerned and confirmed by the Senate 
        to represent such armed force.
            ``(B) A senior official from each geographic and functional 
        combatant command, who shall be appointed by the commander of 
        the respective combatant command to represent such combatant 
        command.
            ``(C) A senior official under the jurisdiction of the 
        Chairman of the Joint Chiefs of Staff, who shall be appointed by 
        the Chairman to represent the Joint Chiefs of Staff and the 
        Joint Staff.

    ``(4) Each member of the working group shall be responsible for 
carrying out operational energy plans and programs and implementing 
coordinated initiatives pursuant to the strategy under subsection (e) 
for the respective component of the Department that the member 
represents.
    ``(5) The duties of the working group under paragraph (1) shall be 
as follows:
            ``(A) Planning for the integration of efforts to mitigate 
        contested logistics challenges through the reduction of 
        operational energy demand carried out within each armed force, 
        across the armed forces, and with the Office of the Secretary of 
        Defense.
            ``(B) Developing recommendations regarding the strategy for 
        operational energy under subsection (e).

[[Page 135 STAT. 1652]]

            ``(C) Developing recommendations relating to the development 
        of, and modernization efforts for, platforms and weapons systems 
        of the armed forces.
            ``(D) Developing recommendations to ensure that such 
        development and modernization efforts lead to increased 
        lethality, extended range, and extended on-station time for 
        tactical assets.
            ``(E) Developing recommendations to mitigate the effects of 
        hostile action by a near-peer adversary targeting operational 
        energy storage and operations of the armed forces, including 
        through the use of innovative delivery systems, distributed 
        storage, flexible contracting, and improved automation.''; and
            (4) in subsection (g), as redesignated by paragraph (2)--
                    (A) in paragraph (1)--
                          (i) by striking ``The Secretary of a military 
                      department'' and inserting ``Each member of the 
                      working group under subsection (d)''; and
                          (ii) by striking ``conducted by the military 
                      department'' and inserting ``conducted by the 
                      respective component of the Department that the 
                      member represents for purposes of the working 
                      group''; and
                    (B) in paragraph (2), by striking ``military 
                department'' and inserting ``armed force''.

    (c) Modifications to Operational Energy Strategy.--Subsection (e) of 
such section, as redesignated by subsection (b)(2), is amended to read 
as follows:
    ``(1) >  The Assistant Secretary of Defense 
for Energy, Installations, and Environment, in coordination with the 
working group under subsection (d), shall be responsible for the 
establishment and maintenance of a department-wide transformational 
strategy for operational energy. >  
The strategy shall be updated every five years and shall establish near-
term, mid-term, and long-term goals, performance metrics to measure 
progress in meeting the goals, and a plan for implementation of the 
strategy within each armed force, across the armed forces, and with the 
Office of the Secretary of Defense.

    ``(2) >  The strategy required under paragraph 
(1) shall include the following:
            ``(A) >  A plan to integrate efforts to 
        mitigate contested logistics challenges through the reduction of 
        operational energy demand within each armed force.
            ``(B) An assessment of how industry trends transitioning 
        from the production of internal combustion engines to the 
        development and production of alternative propulsion systems may 
        affect the long-term availability of parts for military 
        equipment, the fuel costs for such equipment, and the 
        sustainability of such equipment.
            ``(C) An assessment of any technologies, including electric, 
        hydrogen, or other sustainable fuel technologies, that may 
        reduce operational energy demand in the near-term or long-term.
            ``(D) An assessment of how the Secretaries concerned and the 
        commanders of the combatant commands can better plan for 
        challenges presented by near-peer adversaries in a contested 
        logistics environment, including through innovative delivery 
        systems, distributed storage, flexible contracting, and improved 
        automation.

[[Page 135 STAT. 1653]]

            ``(E) An assessment of any infrastructure investments of 
        allied and partner countries that may affect operational energy 
        availability in the event of a conflict with a near-peer 
        adversary.

    ``(3) >  By authority of the 
Secretary of Defense, and taking into consideration the findings of the 
working group, the Assistant Secretary shall prescribe policies and 
procedures for the implementation of the strategy and make 
recommendations to the Secretary of Defense and Deputy Secretary of 
Defense with respect to specific operational energy plans and programs 
to be carried out pursuant to the strategy.

    ``(4) >  Not later than 30 days after 
the date on which the budget for fiscal year 2024 is submitted to 
Congress pursuant to section 1105 of title 31, and every five years 
thereafter, the Assistant Secretary shall submit to the congressional 
defense committees the strategy required under paragraph (1).''.

    (d) Definition.--Such section is further amended by adding at the 
end the following new subsection:
    ``(h) Contested Logistics Environment Defined.--In this section, the 
term `contested logistics environment' means an environment in which the 
armed forces engage in conflict with an adversary that presents 
challenges in all domains and directly targets logistics operations, 
facilities, and activities in the United States, abroad, or in transit 
from one location to the other.''.
    (e) Conforming Amendment.--Section 2926(c)(5) of title 10, United 
States Code, is amended by striking ``subsection (e)(4)'' and inserting 
``subsection (f)(4)''.
    (f) Interim Report.--Not later than 180 days after the date of the 
enactment of this Act, the Assistant Secretary of Defense for Energy, 
Installations, and Environment shall submit to the congressional defense 
committees an interim report on any actions taken pursuant to the 
amendments made by this section. >  Such report shall 
include an update regarding the establishment of the working group under 
section 2926(d) of title 10, United States Code, as amended by 
subsection (b).

    (g) >  Briefing on Assistant Secretary of Defense 
for Energy, Installations, and Environment.--Not later than 60 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall provide to the Committees on Armed Services of the House of 
Representatives and the Senate a briefing on the status of the 
following:
            (1) The planned division of responsibilities between the 
        Assistant Secretary of Defense for Sustainment and the Assistant 
        Secretary of Defense for Energy, Installations, and Environment.
            (2) >  A personnel plan to ensure the adequate 
        manning of support personnel for the Assistant Secretary of 
        Defense for Energy, Installations, and Environment.
            (3) Any additional resources necessary to ensure the ability 
        of the Assistant Secretary of Defense for Energy, Installations, 
        and Environment to fulfill the duty required under section 
        138(b)(7) of title 10, United States Code, and any other duties 
        required of such Assistant Secretary by law.
SEC. 352. GLOBAL BULK FUEL MANAGEMENT AND DELIVERY.

    (a) Responsibility of United States Transportation Command.--

[[Page 135 STAT. 1654]]

            (1) In general.--Subchapter III of chapter 173 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 2927. >  Global bulk fuel management 
                  and delivery

    ``(a) >  Responsible Element.--(1) Beginning 
during the period described in paragraph (2) and permanently thereafter, 
the United States Transportation Command shall be the element 
responsible for bulk fuel management and delivery of the Department of 
Defense on a global basis.

    ``(2) >  The period described in this paragraph 
is the period beginning on January 1, 2023, and ending on February 1, 
2023.

    ``(b) Coordination With Defense Logistics Agency.--In carrying out 
the responsibilities specified in subsection (a), the Commander of the 
United States Transportation Command shall coordinate with the Director 
of the Defense Logistics Agency.
    ``(c) Rule of Construction.--Except to the extent that, prior to 
January 1, 2023, a responsibility specified in subsection (a) was a 
specific function of the Defense Logistics Agency Energy, nothing under 
this section shall be construed as--
            ``(1) limiting any other function of the Defense Logistics 
        Agency Energy; or
            ``(2) requiring the transfer of any function, personnel, or 
        asset from the Defense Logistics Agency Energy to the United 
        States Transportation Command.''.
            (2) Clerical amendment.--The table of contents for such 
        subchapter >  is amended by adding at 
        the end the following new item:

``2927. Global bulk fuel management and delivery.''.

    (b) >  Briefing.--Not later than July 1, 
2022, the Commander of United States Transportation Command shall 
provide to the Committees on Armed Services of the House of 
Representatives and the Senate a briefing on progress made to carry out 
the transfer of responsibilities to the United States Transportation 
Command pursuant to section 2927 of title 10, United States Code (as 
added by subsection (a)), including--
            (1) a review of the plan of action for such transfer;
            (2) a review of milestones completed and yet to be completed 
        with respect to such transfer; and
            (3) >  an identification of any 
        legislative changes or additional resources the Commander 
        determines are necessary to implement such section 2927.

    (c) Global Bulk Fuel Management Strategy.--
            (1) >  Strategy required.--Not later than 
        October 1, 2022, the Commander of United States Transportation 
        Command shall prepare and submit to the Committees on Armed 
        Services of the House of Representatives and the Senate a 
        strategy to develop the infrastructure and programs necessary to 
        optimally support global bulk fuel management of the Department 
        of Defense.
            (2) Additional elements.--The strategy under paragraph (1) 
        shall include the following additional elements:
                    (A) A description of the current organizational 
                responsibility for bulk fuel management of the 
                Department, organized by geographic combatant command, 
                including with respect to ordering, storage, and 
                strategic and tactical transportation.

[[Page 135 STAT. 1655]]

                    (B) A description of any legacy bulk fuel management 
                assets of each of the geographic combatant commands.
                    (C) A description of the operational plan to 
                exercise such assets to ensure full functionality and to 
                repair, upgrade, or replace such assets as necessary.
                    (D) An identification of the resources required for 
                any such repairs, upgrades, or replacements.
                    (E) A description of the current programs relating 
                to platforms, weapon systems, or research and 
                development, that are aimed at managing fuel constraints 
                by decreasing demand for fuel.
                    (F) >  An assessment of current 
                and projected threats to forward-based bulk fuel 
                delivery, storage, and distribution systems, and an 
                assessment, based on such current and projected threats, 
                of attrition to bulk fuel infrastructure, including 
                storage and distribution systems, in a conflict 
                involving near-peer foreign countries.
                    (G) >  An assessment of current 
                days of supply guidance, petroleum war reserve 
                requirements, and prepositioned war reserve stocks, 
                based on operational tempo associated with distributed 
                operations in a contested environment.
                    (H) An identification of the resources required to 
                address any changes to such guidance, requirements, or 
                stocks recommended as the result of such assessment.
                    (I) >  An 
                identification of any global shortfall with respect to 
                bulk fuel management, organized by geographic combatant 
                command, and a prioritized list of investment 
                recommendations to address each shortfall identified.
            (3) Coordination.--In preparing the strategy under paragraph 
        (1), the Commander of United States Transportation Command shall 
        coordinate with subject matter experts of the Joint Staff, the 
        geographic combatant commands, the Defense Logistics Agency, and 
        the military departments.
            (4) Form.--The strategy under paragraph (1) may be submitted 
        in classified form, but if so submitted shall include an 
        unclassified executive summary.

    (d) Conforming Amendments.--Section 2854 of the Military 
Construction Authorization Act for Fiscal Year 2021 (division B of 
Public Law 116-283) >  is amended--
            (1) in subsection (b), by striking ``The organizational 
        element designated pursuant to subsection (a)'' and inserting 
        ``The Secretary of Defense'';
            (2) in subsection (c), by striking ``subsection (b)'' and 
        inserting ``subsection (a)'';
            (3) by striking subsections (a) and (d); and
            (4) by redesignating subsections (b) and (c), as amended by 
        paragraphs (1) and (2), as subsections (a) and (b), 
        respectively.
SEC. 353. TEST AND EVALUATION OF POTENTIAL BIOBASED SOLUTION FOR 
                        CORROSION CONTROL AND MITIGATION.

    (a) >  Test and Evaluation.--Not later than 120 
days after the date of the enactment of this Act, the Director of the 
Strategic Environmental Research and Development Program and the 
Environmental Security Technology Certification Program shall test and 
evaluate at least one existing covered biobased solution for

[[Page 135 STAT. 1656]]

use as an alternative to current solutions of the Department of Defense 
for the control and mitigation of corrosion.

    (b) >  Determination.--Following the test and 
evaluation of a covered biobased solution under subsection (a), the 
Director shall determine, based on such test and evaluation, whether the 
solution meets the following requirements:
            (1) The solution is capable of being produced domestically 
        in sufficient quantities.
            (2) The solution is at least as effective at the control and 
        mitigation of corrosion as current alternative solutions.
            (3) The solution reduces environmental exposures.

    (c) >  Recommendations.--The Director shall 
develop recommendations for the Department of Defense-wide deployment of 
covered biobased solutions that the Director has determined meet the 
requirements under subsection (b).

    (d) Covered Biobased Solution Defined.--In this section, the term 
``covered biobased solution'' means a solution for the control and 
mitigation of corrosion that is domestically produced, commercial, and 
biobased.
SEC. 354. >  PILOT PROGRAM ON DIGITAL 
                        OPTIMIZATION OF ORGANIC INDUSTRIAL BASE 
                        MAINTENANCE AND REPAIR OPERATIONS.

    (a) >  In General.--Beginning not 
later than 180 days after the date of the enactment of this Act, the 
Assistant Secretary of Defense for Sustainment, in coordination with the 
Secretaries of the military departments, shall undertake a pilot program 
under which the digitization of the facilities and operations of at 
least one covered depot shall be provided for by the Secretary 
concerned.

    (b) Elements of Pilot Program.--In carrying out the pilot program 
under this section, the Secretary concerned shall provide for each of 
the following at the covered depot or depots at which the program is 
carried out:
            (1) The creation of a digital twin model of the maintenance, 
        repair, and remanufacturing infrastructure and activities.
            (2) The modeling and simulation of optimized facility 
        configuration, logistics systems, and processes.
            (3) >  The analysis of material flow and 
        resource use to achieve key performance metrics for all levels 
        of maintenance and repair.
            (4) >  An assessment of automated, 
        advanced, and additive manufacturing technologies that could 
        improve maintenance, repair, and remanufacturing operations.

    (c) Report.--Not later than 60 days after the completion of the 
digital twin model and associated analysis, the Assistant Secretary of 
Defense for Sustainment shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report on the pilot 
program. Such report shall include--
            (1) >  a summary of the cost of the pilot 
        program;
            (2) a description of the efficiencies identified under the 
        pilot program;
            (3) a description of the infrastructure, workforce, and 
        capital equipment investments necessary to achieve such 
        efficiencies;
            (4) >  any plans to undertake such 
        investments; and

[[Page 135 STAT. 1657]]

            (5) >  the assessment of the Assistant 
        Secretary of the value of the pilot program and the potential 
        applicability of the findings of the pilot program to other 
        covered depots.

    (d) Definitions.--In this section:
            (1) The term ``covered depot'' includes any depot covered 
        under section 2476(e) of title 10, United States Code, except 
        for the following:
                    (A) Portsmouth Naval Shipyard, Maine.
                    (B) Pearl Harbor Naval Shipyard, Hawaii.
                    (C) Puget Sound Naval Shipyard, Washington.
                    (D) Norfolk Naval Shipyard, Virginia.
            (2) The terms ``military departments'' and ``Secretary 
        concerned'' have the meanings given such terms in section 101 of 
        title 10, United States Code.
SEC. 355. >  IMPROVED OVERSIGHT FOR 
                        IMPLEMENTATION OF SHIPYARD INFRASTRUCTURE 
                        OPTIMIZATION PROGRAM OF THE NAVY.

    (a) Updated Plan.--
            (1) >  In general.--Not later than 
        September 30, 2022, the Secretary of the Navy shall submit to 
        the congressional defense committees an update to the plan of 
        the Secretary for implementation of the Shipyard Infrastructure 
        Optimization Program of the Department of the Navy, with the 
        objective of providing increased transparency for the actual 
        costs and schedules associated with infrastructure optimization 
        activities for shipyards covered by such program.
            (2) Updated cost estimates.--The updated plan required under 
        paragraph (1) shall include updated cost estimates comprising 
        the most recent costs of capital improvement projects for each 
        of the four public shipyards covered by the Shipyard 
        Infrastructure Optimization Program.

    (b) Briefing Requirement.--
            (1) In general.--Before the start of physical construction 
        with respect to a covered project, the Secretary of the Navy or 
        a designee of the Secretary shall brief each of the 
        congressional defense committees on such project, regardless of 
        the source of funding for such project.
            (2) Written information.--Before conducting a briefing under 
        paragraph (1) with respect to a covered project, the Secretary 
        of the Navy or a designee of the Secretary shall submit to the 
        congressional defense committees in writing the following 
        information:
                    (A) >  An updated 
                cost estimate for such project that--
                          (i) meets the standards of the Association for 
                      the Advancement of Cost Engineering for a Level 1 
                      or Level 2 cost estimate; or
                          (ii) is an independent cost estimate.
                    (B) >  A schedule for such project 
                that is comprehensive, well-constructed, credible, and 
                controlled pursuant to the Schedule Assessment Guide: 
                Best Practices for Project Schedules (GAO-16-89G) set 
                forth by the Comptroller General of the United States in 
                December 2015, or successor guide.
                    (C) >  An estimate of the 
                likelihood that programmed and planned funds for such 
                project will be sufficient for the completion of the 
                project.

[[Page 135 STAT. 1658]]

            (3) Covered project defined.--In this subsection, the term 
        ``covered project'' means a shipyard project under the Shipyard 
        Infrastructure Optimization Program--
                    (A) with a contract awarded on or after October 1, 
                2024; and
                    (B) valued at $250,000,000 or more.

    (c) Annual Report.--
            (1) >  In general.--Not later than 
        December 31, 2022, and not later than December 31 of each year 
        thereafter, the Commander of the Naval Sea Systems Command, in 
        coordination with the Program Manager Ships 555, shall submit to 
        the congressional defense committees a report detailing the use 
        by the Department of the Navy of funding for all efforts 
        associated with the Shipyard Infrastructure Optimization 
        Program, including the use of amounts made available by law to 
        support the projects identified in the plan to implement such 
        program, including any update to such plan under subsection (a).
            (2) >  Elements.--Each report 
        required by paragraph (1) shall include updated cost and 
        schedule estimates--
                    (A) for the plan to implement the Shipyard 
                Optimization Program, including any update to such plan 
                under subsection (a); and
                    (B) for each dry dock, major facility, and 
                infrastructure project valued at $250,000,000 or more 
                under such program.

    (d) Comptroller General Report.--
            (1) Report.--
                    (A) In general.--Not later than May 1, 2023, the 
                Comptroller General of the United States shall submit to 
                the Committees on Armed Services of the Senate and the 
                House of Representatives a report on the progress of the 
                Secretary of the Navy in implementing the Shipyard 
                Infrastructure Optimization Program, including--
                          (i) the progress of the Secretary in 
                      completing the first annual report required under 
                      such program; and
                          (ii) >  the cost and 
                      schedule estimates for full implementation of such 
                      program.
                    (B) >  Elements.--The report 
                required by subparagraph (A) shall include the 
                following:
                          (i) An assessment of the extent to which the 
                      cost estimate for the updated optimization plan 
                      for the Shipyard Infrastructure Optimization 
                      Program is consistent with leading practices for 
                      cost estimation.
                          (ii) An assessment of the extent to which the 
                      project schedule for such program is 
                      comprehensive, well-constructed, credible, and 
                      controlled.
                          (iii) An assessment of whether programmed and 
                      planned funds for a project under such program 
                      will be sufficient for the completion of the 
                      project.
                          (iv) Such other related matters as the 
                      Comptroller General considers appropriate.
            (2) >  Initial briefing.--Not later than 
        April 1, 2023, the Comptroller General shall brief the 
        Committees on Armed Services of the Senate and the House of 
        Representatives on the preliminary findings of the report under 
        paragraph (1).

[[Page 135 STAT. 1659]]

SEC. 356. REPORT AND CERTIFICATION REQUIREMENTS REGARDING 
                        SUSTAINMENT COSTS FOR FIGHTER AIRCRAFT 
                        PROGRAMS.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on individual aircraft fleet sustainment 
costs for the F-35 A/B/C, F/A-18 C/D/E/F/G, AV-8B, A-10C, F-16 C/D, F-
22, and F-15 C/E/EX aircraft fleets. Such report shall include the 
following:
            (1) >  A detailed description and 
        explanation of, and the actual cost data related to, current 
        sustainment costs for the aircraft fleets specified in this 
        subsection, including an identification and assessment of cost 
        elements attributable to the Federal Government or to 
        contractors (disaggregated by the entity responsible for each 
        portion of the cost element, including for a prime contractor 
        and any first-tier subcontractor) with respect to such 
        sustainment costs.
            (2) >  An identification of sustainment 
        cost metrics for each aircraft fleet specified in this 
        subsection for each of fiscal years 2022 through 2026, expressed 
        in cost-per-tail-per-year format.

    (b) Limitation on Certain F-35 Contracts.--
            (1) >  In general.--
        The Secretary of Defense may not enter into a performance-based 
        logistics sustainment contract for the F-35 airframe or engine 
        programs, or modify an existing contract for the F-35 airframe 
        or engine programs to require the use of a performance-based 
        logistics sustainment contract, unless the Secretary submits to 
        the congressional defense committees a certification that the 
        Secretary has determined such a performance-based logistics 
        contract will--
                    (A) reduce sustainment or operating costs for the F-
                35 airframe or engine programs; or
                    (B) increase readiness rates, full and partial 
                mission capability rates, or airframe and engine 
                availability rates of the F-35 weapon system.
            (2) >  Certification.--Any certification 
        submitted pursuant to paragraph (1) shall include a cost-benefit 
        analysis comparing an existing contract for the F-35 airframe or 
        engine programs with a performance-based logistics sustainment 
        contract for the F-35 airframe or engine programs.
            (3) Applicability.--The limitation under paragraph (1) shall 
        not apply with respect to the termination, modification, 
        exercise of a contract option for, or other action relating to, 
        a contract for the F-35 program entered into prior to the date 
        of the enactment of this Act unless such termination, 
        modification, exercise, or other action would require the use of 
        a performance-based logistics sustainment contract as specified 
        in paragraph (1).

    (c) >  Cost-per-tail-per-year Calculation.--
For purposes of this section, the average cost-per-tail of a variant of 
an aircraft of an Armed Force shall be determined by--
            (1) adding the total amount expended for a fiscal year (in 
        base year fiscal 2012 dollars) for all such aircraft in the 
        inventory of an Armed Force for--
                    (A) unit level manpower;
                    (B) unit operations;
                    (C) maintenance;
                    (D) sustaining support;

[[Page 135 STAT. 1660]]

                    (E) continuing system support; and
                    (F) modifications; and
            (2) dividing the sum resulting under paragraph (1) by the 
        average number of such aircraft in the inventory of an Armed 
        Force during such fiscal year.
SEC. 357. COMPTROLLER GENERAL ANNUAL REVIEWS OF F-35 SUSTAINMENT 
                        EFFORTS.

    (a) >  Annual Reviews and Briefings.--Not later 
than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller 
General of the United States shall--
            (1) conduct an annual review of the sustainment efforts of 
        the Department of Defense with respect to the F-35 aircraft 
        program (including the air vehicle and propulsion elements of 
        such program); and
            (2) provide to the Committees on Armed Services of the House 
        of Representatives and the Senate a briefing on such review, 
        including any findings of the Comptroller General as a result of 
        such review.

    (b) >  Elements.--Each review under subsection 
(a)(1) shall include an assessment of the following:
            (1) The status of the sustainment strategy of the Department 
        for the F-35 Lightning II aircraft program.
            (2) The Department oversight and prime contractor management 
        of key sustainment functions with respect to the F-35 aircraft 
        program.
            (3) The ability of the Department to reduce the costs, or 
        otherwise maintain the affordability, of the sustainment of the 
        F-35 fleet.
            (4) >  Any other matters regarding 
        the sustainment or affordability of the F-35 aircraft program 
        that the Comptroller General determines to be of critical 
        importance to the long-term viability of such program.

    (c) Reports.--Following the provision of each briefing under 
subsection (a)(2), at such time as is mutually agreed upon by the 
Committees on Armed Services of the House of Representatives and the 
Senate and the Comptroller General, the Comptroller General shall submit 
to such committees a report on the matters covered by the briefing.

                           Subtitle F--Reports

SEC. 361. INCLUSION OF INFORMATION REGARDING BORROWED MILITARY 
                        MANPOWER IN READINESS REPORTS.

    Section 482(b) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following new 
        paragraph:
            ``(10) Information regarding the extent to which any member 
        of the armed forces is assigned or detailed outside the member's 
        unit or away from training in order to perform any function that 
        had previously been performed by civilian employees of the 
        Federal Government.''.
SEC. 362. ANNUAL REPORT ON MATERIAL READINESS OF NAVY SHIPS.

    Section 8674(d) of title 10, United States Code, is amended--

[[Page 135 STAT. 1661]]

            (1) in paragraph (1)--
                    (A) by striking ``submit to the'' and inserting 
                ``provide to the'';
                    (B) by inserting ``a briefing and submit to such 
                committees'' after ``congressional defense committees''; 
                and
                    (C) by striking ``setting forth'' and inserting 
                ``regarding'';
            (2) in paragraph (2)--
                    (A) by striking ``in an unclassified form that is 
                releasable to the public without further redaction.'' 
                and inserting ``in--''; and
                    (B) by adding at the end the following new 
                subparagraphs:
            ``(A) a classified form; and
            ``(B) an unclassified form that is releasable to the public 
        without further redaction.''; and
            (3) by striking paragraph (3).
SEC. 363. >  INCIDENT REPORTING 
                        REQUIREMENTS FOR DEPARTMENT OF DEFENSE 
                        REGARDING LOST OR STOLEN WEAPONS.

    (a) >  In General.--For each of fiscal years 
2022, 2023, and 2024, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on security, control, thefts, losses, and 
recoveries of sensitive conventional arms, ammunition, and explosives 
(commonly referred to as ``AA&E'') of the Department of Defense during 
such year, including the following:
            (1) M-16 or M4s.
            (2) Light automatic weapons up to and including M249, M2, 
        and 40mm MK19 machine guns.
            (3) Functional launch tube with umbilical squib installed 
        and grip stock for the Stinger missile.
            (4) Launch tube, sight assembly, and grip stock for 
        missiles.
            (5) Tracker for the Dragon missile.
            (6) Mortar tubes up to and including 81mm.
            (7) Grenade launchers.
            (8) Rocket and missile launchers with an unpacked weight of 
        100 pounds or less.
            (9) Flame throwers.
            (10) The launcher, missile guidance se, or the optical sight 
        for the TOW and the Javelin Command Launch Unit.
            (11) Single shot and semi-automatic (non-automatic) 
        shoulder-fired weapons such as shotguns and bolt action rifles 
        and weapons barrels.
            (12) Handguns.
            (13) Recoil-less rifles up to and including 106mm.
            (14) Man-portable missiles and rockets in a ready-to-fire 
        configuration or when jointly stored or transported with the 
        launcher tube or grip-stock and the explosive round.
            (15) Stinger missiles.
            (16) Dragon, Javelin, light antitank weapon (66mm), 
        shoulder-launched multi-purpose assault weapon rocket (83mm), 
        M136 (AT4) anti-armor launcher and cartridge (84mm).
            (17) Missiles and rockets that are crew-served or require 
        platform-mounted launchers and other equipment to function,

[[Page 135 STAT. 1662]]

        including HYDRA-70 rockets and tube-launched optically wire 
        guided (TOW) missiles.
            (18) Missiles and rockets that require platform-mounted 
        launchers and complex hardware equipment to function including 
        the HELLFIRE missile.
            (19) Explosive rounds of any missile or rocket listed in 
        paragraphs (1) through (18).
            (20) Hand or rifle grenades (high-explosive and white 
        phosphorous).
            (21) Antitank or antipersonnel mines.
            (22) Explosives used in demolition operations, C-4, military 
        dynamite, and trinitrotoluene (TNT).
            (23) Warheads for sensitive missiles and rockets weighing 
        less than 50 pounds each.
            (24) Ammunition that is .50 caliber or larger with 
        explosive-filled projectile.
            (25) Incendiary grenades and fuses for high-explosive 
        grenades.
            (26) Blasting caps.
            (27) Supplementary charges.
            (28) Bulk explosives.
            (29) Detonating cord.
            (30) Riot control agents.

    (b) >  Immediate Reporting of Confirmed Thefts, 
Losses, and Recoveries.--Not later than 72 hours after a confirmed 
theft, loss, or recovery of a sensitive conventional arm, ammunition, or 
explosive covered by the report required by subsection (a), the 
Secretary shall report such theft, loss, or recovery to the National 
Crime Information Center and local law enforcement.
SEC. 364. >  STRATEGY AND ANNUAL 
                        REPORT ON CRITICAL LANGUAGE PROFICIENCY OF 
                        SPECIAL OPERATIONS FORCES.

    (a) Strategy.--
            (1) >  Strategy required.--
        Not later than 180 days after the date of the enactment of this 
        Act, the Assistant Secretary of Defense for Special Operations 
        and Low-Intensity Conflict, in coordination with the Secretaries 
        of the military departments, shall submit to the congressional 
        defense committees a strategy to improve the language 
        proficiency of the special operations forces of the Armed 
        Forces, including by identifying individuals who have 
        proficiency in a critical language and recruiting and retaining 
        such individuals in the special operations forces.
            (2) Elements.--The strategy under paragraph (1) shall 
        include the following:
                    (A) >  A baseline of foreign 
                language proficiency requirements to be implemented 
                within the special operations forces, disaggregated by 
                Armed Force and by critical language.
                    (B) Annual recruitment targets for the number of 
                candidates with demonstrated proficiency in a critical 
                language to be selected for participation in the initial 
                assessment and qualification programs of the special 
                operations forces.
                    (C) A description of current and planned efforts of 
                the Secretaries concerned and the Assistant Secretary to 
                meet such annual recruitment targets.

[[Page 135 STAT. 1663]]

                    (D) A description of any training programs used to 
                enhance or maintain foreign language proficiency within 
                the special operations forces, including any 
                nongovernmental programs used.
                    (E) >  An annual plan to enhance and 
                maintain foreign language proficiency within the special 
                operations forces of each Armed Force.
                    (F) >  An annual plan to retain 
                members of the special operation forces of each Armed 
                Force who have proficiency in a foreign language.
                    (G) >  A description of 
                current and projected capabilities and activities that 
                the Assistant Secretary determines are necessary to 
                maintain proficiency in critical languages within the 
                special operations forces.
                    (H) >  A plan to 
                implement a training program for members of the special 
                operations forces who serve in positions that the 
                Assistant Secretary determines require proficiency in a 
                critical language to support the Department of Defense 
                in strategic competition.

    (b) >  Reports Required.--Not 
later than December 31, 2022, and annually thereafter until December 31, 
2025, the Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict, in coordination with the Secretaries of the military 
departments, shall submit to the congressional defense committees a 
report on the strategy required under subsection (a), including progress 
in achieving the objectives of the strategy with respect to the 
recruitment, training, and retention of members of the special 
operations forces who have proficiency in a critical language.

    (c) Definitions.--In this section:
            (1) The term ``critical language'' means a language 
        identified by the Director of the National Security Education 
        Program as critical to national security.
            (2) The terms ``military departments'' and ``Secretary 
        concerned'' have the meanings given such terms in section 101 of 
        title 10, United States Code.
            (3) The term ``proficiency'' means proficiency in a 
        language, as assessed by the Defense Language Proficiency Test.
            (4) The term ``special operations forces'' means forces 
        described under section 167(j) of title 10, United States Code.

                        Subtitle G--Other Matters

SEC. 371. MILITARY AVIATION AND INSTALLATION ASSURANCE 
                        CLEARINGHOUSE MATTERS.

    (a) >  Strategy to Test and Integrate Wind 
Turbine Interference Mitigation Strategies.--The Secretary of Defense 
and the Secretary of the Air Force, in coordination with the Commander 
of United States Northern Command and the Commander of North American 
Aerospace Defense Command, shall develop a strategy to test and 
integrate wind turbine interference mitigation technologies into radars 
and the air surveillance command and control architecture of the 
Department of Defense.

    (b) Modification of Clearinghouse Requirements.--Section 183a(c) of 
title 10, United States Code, is amended--
            (1) in paragraph (2), by adding at the end the following new 
        subparagraph:

[[Page 135 STAT. 1664]]

    ``(C) >  A notice of presumed risk 
issued under subparagraph (A) is a preliminary assessment only and does 
not represent a formal objection pursuant to subsection (e). Discussions 
of possible mitigation actions under such subparagraph could favorably 
resolve any concerns identified in the notice of presumed risk.''; and
            (2) by adding at the end the following new paragraph:

    ``(8) >  If, in reviewing an application for an 
energy project pursuant to paragraph (1), the Clearinghouse finds no 
adverse impact on military operations under section 44718(b)(1) of title 
49, the Clearinghouse shall communicate to the Secretary of 
Transportation in writing, not later than five business days after 
making such finding, the following: `No Part 77 concerns, national 
security review ongoing.'.''.
SEC. 372. ESTABLISHMENT OF JOINT SAFETY COUNCIL.

    (a) In General.--Chapter 7 of title 10, United States Code, is 
amended by inserting after section 183a the following new section:
``Sec. 184. >  Joint Safety Council

    ``(a) In General.--There is established, within the Office of the 
Deputy Secretary of Defense, a Joint Safety Council (in this section 
referred to as the `Council').

    ``(b) Membership; Appointment; Compensation.--(1) The Council shall 
be composed of voting members as follows:
            ``(A) The Director of Safety for each military department.
            ``(B) An employee of the Department of Defense who is a 
        career member of the Senior Executive Service and has a 
        demonstrated record of success in the implementation of programs 
        within the Department of Defense (as determined by the Deputy 
        Secretary of Defense), appointed by the Deputy Secretary of 
        Defense.
            ``(C) One member of the armed forces or civilian employee 
        from each military department, appointed by the Secretary 
        concerned.
            ``(D) Such additional members as may be determined by the 
        Deputy Secretary of Defense.

    ``(2)(A) Each member of the Council shall serve at the will of the 
official who appointed that member.
    ``(B) Any vacancy on the Council shall be filled in the same manner 
as the original appointment.
    ``(3) Members of the Council may not receive additional pay, 
allowances, or benefits by reason of their service on the Council.
    ``(c) Chairperson and Vice Chairperson.--(1)(A) The Secretary of 
Defense, or the designee of the Secretary, shall select one of the 
members of the Council who is a member of the armed forces to serve as 
the Chairperson of the Council.
    ``(B) >  The Chairperson shall serve for a term 
of two years and shall be responsible for--
            ``(i) serving as the Director of Safety for the Department 
        of Defense;
            ``(ii) serving as principal advisor to the Secretary of 
        Defense regarding military safety and related regulations and 
        policy reforms, including issues regarding maintenance, supply 
        chains, personnel management, and training;
            ``(iii) overseeing all duties and activities of the Council, 
        including the conduct of military safety studies and the 
        issuance of safety guidance to the military departments;

[[Page 135 STAT. 1665]]

            ``(iv) working with, and advising, the Secretaries of the 
        military departments through appointed safety chiefs to 
        implement standardized safety guidance across the military 
        departments;
            ``(v) submitting to the Secretary of Defense and Congress an 
        annual report reviewing the compliance of each military 
        department with the guidance described in clause (iv);
            ``(vi) advising Congress on issues relating to military 
        safety and reforms; and
            ``(vii) >  overseeing coordination 
        with other Federal agencies, including the Federal Aviation 
        Administration, to inform military aviation safety guidance and 
        reforms.

    ``(2) The individual appointed under subsection (b)(1)(B) shall 
serve as the Vice Chairperson. The Vice Chairperson shall report to the 
Chairperson and shall serve as Chairperson in the absence of the 
Chairperson.
    ``(d) Responsibilities.--The Council shall carry out the following 
responsibilities:
            ``(1) Subject to subsection (e), issuing, publishing, and 
        updating regulations related to joint safety, including 
        regulations on the reporting and investigation of mishaps.
            ``(2) With respect to mishap data--
                    ``(A) establishing uniform data collection standards 
                and a repository, that is accessible Department-wide, of 
                data for mishaps in the Department of Defense;
                    ``(B) reviewing the compliance of each military 
                department in adopting and using the uniform data 
                collection standards established under subparagraph (A); 
                and
                    ``(C) reviewing mishap data to assess, identify, and 
                prioritize risk mitigation efforts and safety 
                improvement efforts across the Department.
            ``(3) With respect to non-mishap data--
                    ``(A) establishing standards and requirements for 
                the collection of aircraft, equipment, simulator, 
                airfield, range, pilot, and operator data;
                    ``(B) establishing standards and requirements for 
                the collection of ground vehicle equipment and crew 
                data; and
                    ``(C) establishing requirements for each military 
                department to collect and analyze any waivers issued 
                relating to pilot or operator qualifications or 
                standards.
            ``(4) Reviewing and assessing civil and commercial aviation 
        safety programs and practices to determine the suitability of 
        such programs and practices for implementation in the military 
        departments.
            ``(5) Establishing, in consultation with the Administrator 
        of the Federal Aviation Administration, a requirement for each 
        military department to implement an aviation safety management 
        system.
            ``(6) Establishing, in consultation with the heads of 
        appropriate Federal departments and agencies, a requirement for 
        each military department to implement a separate safety 
        management program for ground vehicles and ships.
            ``(7) Reviewing the proposal of each military department for 
        the safety management systems described in paragraphs (9) and 
        (10).
            ``(8) Reviewing the implementation of such systems by each 
        military department.

[[Page 135 STAT. 1666]]

            ``(9) Ensuring each military department has in place a 
        system to monitor the implementation of recommendations made in 
        safety and legal investigation reports of mishap incidents.

    ``(e) Oversight.--The decisions and recommendations of the Council 
are subject to review and approval by the Deputy Secretary of Defense.
    ``(f) Staff.--(1) The Council may appoint staff in accordance with 
section 3101 of title 5.
    ``(2) The Council may accept persons on detail from within the 
Department of Defense and from other Federal departments or agencies on 
a reimbursable or non-reimbursable basis.
    ``(g) Contract Authority.--The Council may enter into contracts for 
the acquisition of administrative supplies, equipment, and personnel 
services for use by the Council, to the extent that funds are available 
for such purposes.
    ``(h) Procurement of Temporary and Intermittent Services.--The 
Chairperson may procure temporary and intermittent services under 
section 3109(b) of title 5 at rates for individuals which do not exceed 
the daily equivalent of the annual rate of basic pay prescribed for 
level V of the Executive Schedule under section 5316 of such title.
    ``(i) Data Collection.--(1) >  Under 
regulations issued by the Secretary of Defense, the Council shall have 
access to Department of Defense databases necessary to carry out its 
responsibilities, including causal factors to be used for mishap 
reduction purposes.

    ``(2) >  Under regulations issued by the 
Secretary of Defense, the Council may enter into agreements with the 
Federal Aviation Administration, the National Transportation Safety 
Board, and any other Federal agency regarding the sharing of safety 
data.

    ``(3) Data collected by the Council pursuant to this subsection may 
include privileged safety information that is protected from disclosure 
or discovery to any person.
    ``(j) >  Meetings.--The Council shall meet 
quarterly and at the call of the Chairperson.

    ``(k) Report.--The Chair of the Council shall submit to the 
congressional defense committees semi-annual reports on the activities 
of the Council.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter >  is amended by inserting after 
the item relating to section 183a the following new item:

``184. Joint Safety Council.''.

    (c) >  Deadlines.--
            (1) Establishment.--The Secretary of Defense shall ensure 
        the establishment of the Joint Safety Council under section 184 
        of title 10, United States Code (as added by subsection (a)), by 
        not later than the date that is 120 days after the date of the 
        enactment of this Act.
            (2) Appointment of first members.--The initial members of 
        the Joint Safety Council established under such section 184 
        shall be appointed by not later than the date that is 120 days 
        after the date of the enactment of this Act.
            (3) Directors of safety.--Not later than 30 days after the 
        date of the enactment of this Act, the Secretary of each 
        military department shall ensure there is appointed as the 
        Director of Safety for the military department concerned an 
        officer of that military department in pay grade O-8 or above.

[[Page 135 STAT. 1667]]

    (d) Report.--Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report that includes the following:
            (1) A description of the measures the Secretary plans to 
        take to correct the issues identified in the report of the 
        National Commission on Military Aviation Safety submitted to the 
        President and Congress and dated December 1, 2020.
            (2) A statement as to whether the Secretary concurs or 
        disagrees with the findings of such report.
            (3) >  A detailed plan of action for the 
        implementation of each recommendation included in such report.
            (4) >  Any 
        additional recommendations the Secretary determines are 
        necessary to apply the findings of the National Commission on 
        Military Aviation Safety in such report to all aspects of 
        military safety.

    (e) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated or otherwise made available by this Act for Military 
Personnel Appropriations for fiscal year 2022, $4,000,000 shall be made 
available for the Joint Safety Council established under section 184 of 
title 10, United States Code, as added by subsection (a).
SEC. 373. IMPROVEMENTS AND CLARIFICATIONS RELATED TO MILITARY 
                        WORKING DOGS.

    (a) Prohibition on Charge for Transfer of Military Animals.--Section 
2583(d) of title 10, United States Code, is amended by striking ``may'' 
and inserting ``shall''.
    (b) Inclusion of Military Working Dogs in Certain Research.--Section 
708(b) of the National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114-328; 10 U.S.C. 1071 note) is amended--
            (1) in paragraph (7), by striking ``of members of the Armed 
        Forces'' and inserting ``with respect to both members of the 
        Armed Forces and military working dogs''; and
            (2) by striking paragraph (9) and inserting the following 
        new paragraph:
            ``(9) To inform and advise the conduct of research on the 
        leading causes of morbidity and mortality of members of the 
        Armed Forces and military working dogs in combat.''.
SEC. 374. EXTENSION OF TEMPORARY AUTHORITY TO EXTEND CONTRACTS AND 
                        LEASES UNDER THE ARMS INITIATIVE.

    Section 343 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-92; 10 U.S.C. 7554 note) is amended by 
striking ``the date that is five years after the date of the enactment 
of this Act'' and inserting ``November 25, 2025,''.
SEC. 375. >  AUTHORITY TO MAINTAIN 
                        ACCESS TO CATEGORY 3 SUBTERRANEAN TRAINING 
                        FACILITY.

    (a) In General.--The Secretary of Defense may ensure that the 
Department of Defense maintains access to a covered category 3 
subterranean training facility on a continuing basis.
    (b) Authority to Enter Into Lease.--The Secretary of Defense is 
authorized to enter into a short-term lease with a provider of a covered 
category 3 subterranean training facility for purposes of carrying out 
subsection (a).

[[Page 135 STAT. 1668]]

    (c) Covered Category 3 Subterranean Training Facility Defined.--In 
this section, the term ``covered category 3 subterranean training 
facility'' means a category 3 subterranean training facility that is--
            (1) >  operational as of the date of 
        the enactment of this Act; and
            (2) deemed safe for use as of such date.
SEC. 376. ACCIDENT INVESTIGATION REVIEW BOARD.

    (a) Proposal for Establishment of Board.--The Deputy Secretary of 
Defense shall develop a proposal for the establishment of an Accident 
Investigation Review Board (in this section referred to as the 
``Board'') to provide independent oversight and review of the legal 
investigations conducted by the Department of Defense outside of the 
safety process into the facts and circumstances surrounding operational 
and training accidents. >  The proposal shall 
include recommendations relating to--
            (1) the size and composition of the Board;
            (2) the process by which the Board would screen accident 
        investigations to identify unsatisfactory, biased, incomplete, 
        or insufficient investigations requiring subsequent review by 
        the Board, including whether the Board should review 
        investigations meeting a predetermined threshold (such as all 
        fatal accidents or all Class A mishaps);
            (3) the process by which the military departments and other 
        components of the Department of Defense could refer pending or 
        completed accident investigations to the Board for review;
            (4) the process by which the Board would evaluate a 
        particular accident investigation for accuracy, thoroughness, 
        and objectivity;
            (5) >  the requirements for and 
        process by which the convening component of an investigation 
        reviewed by the Board should address the findings of the Board's 
        review of that particular investigation;
            (6) >  proposed procedures for 
        safeguarding privileged and sensitive data and safety 
        information collected during the investigation review process; 
        and
            (7) >  how and when the Board 
        would be required to report to the Deputy Secretary of Defense 
        on the activities of the Board, the outcomes of individual 
        investigation reviews performed by the Board, and the assessment 
        of the Board regarding cross-cutting themes and trends 
        identified by those reviews.

    (b) >  Report.--Not later than 180 days 
after the date of the enactment of this Act, the Deputy Secretary of 
Defense shall submit to the congressional defense committee the proposal 
required by subsection (a) and a timeline for establishing the Board.
SEC. 377. >  
                        IMPLEMENTATION OF COMPTROLLER GENERAL 
                        RECOMMENDATIONS ON PREVENTING TACTICAL 
                        VEHICLE TRAINING ACCIDENTS.

    (a) Plan Required.--Not later than 180 days after the date of the 
enactment of this Act, each Secretary concerned shall submit to the 
congressional defense committees and to the Comptroller General of the 
United States a plan to address the recommendations in the report of the 
Government Accountability Office entitled

[[Page 135 STAT. 1669]]

``Army and Marine Corps Should Take Additional Actions to Mitigate and 
Prevent Training Accidents'' (GAO-21-361). Each such plan shall include, 
with respect to each recommendation in such report that the Secretary 
concerned has implemented or intends to implement--
            (1) >  a summary of actions that have been 
        or will be taken to implement the recommendation; and
            (2) >  a schedule, with specific 
        milestones, for completing implementation of the recommendation.

    (b) Deadline for Implementation.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 18 months after the date of the enactment of this 
        Act, each Secretary concerned shall carry out activities to 
        implement the plan of the Secretary developed under subsection 
        (a).
            (2) Exception for implementation of certain 
        recommendations.--
                    (A) Delayed implementation.--A Secretary concerned 
                may initiate implementation of a recommendation in the 
                report referred to in subsection (a) after the date 
                specified in paragraph (1) if, on or before such date, 
                the Secretary provides to the congressional defense 
                committees a specific justification for the delay in 
                implementation of such recommendation.
                    (B) Nonimplementation.--A Secretary concerned may 
                decide not to implement a recommendation in the report 
                referred to in subsection (a) if, on or before the date 
                specified in paragraph (1), the Secretary provides to 
                the congressional defense committees--
                          (i) a specific justification for the decision 
                      not to implement the recommendation; and
                          (ii) >  a summary of 
                      alternative actions the Secretary plans to take to 
                      address the conditions underlying the 
                      recommendation.

    (c) >  Secretary Concerned.--In this section, 
the term ``Secretary concerned'' means--
            (1) the Secretary of the Army, with respect to the Army; and
            (2) the Secretary of the Navy, with respect to the Navy.
SEC. 378. >  REQUIREMENTS 
                        RELATING TO EMISSIONS CONTROL TACTICS, 
                        TECHNIQUES, AND PROCEDURES.

    (a) Review.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall conduct a review of current 
electromagnetic spectrum emissions control tactics, techniques, and 
procedures across the joint force.
    (b) >  Requirements.--Not later than 60 days after 
completing the review under subsection (a), the Secretary of Defense 
shall direct each Secretary of a military department to update or 
establish, as applicable, standard tactics, techniques, and procedures, 
including down to the operational level, pertaining to emissions control 
discipline during all phases of operations.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on the implementation status of the tactics, techniques, and procedures 
updated or established, as

[[Page 135 STAT. 1670]]

applicable, under subsection (b) by each of the military departments, 
including--
            (1) incorporation into doctrine of the military departments;
            (2) integration into training of the military departments; 
        and
            (3) efforts to coordinate with the militaries of partner 
        countries and allies to develop similar standards and associated 
        protocols, including through the use of working groups.
SEC. 379. MANAGEMENT OF FATIGUE AMONG CREW OF NAVAL SURFACE SHIPS 
                        AND RELATED IMPROVEMENTS.

    (a) >  Requirement.--The Secretary of the 
Navy shall implement each recommendation for executive action set forth 
in the report of the Government Accountability Office titled ``Navy 
Readiness: Additional Efforts Are Needed to Manage Fatigue, Reduce 
Crewing Shortfalls, and Implement Training'' (GAO-21-366).

    (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of the Navy shall submit to the congressional 
defense committees and the Comptroller General a report on the status of 
actions taken by the Secretary to monitor crew fatigue and ensure 
equitable fatigue management throughout the naval surface ship fleet in 
accordance with subsection (a). Such report shall include the following:
            (1) >  An assessment of the extent of 
        crew fatigue throughout the naval surface ship fleet.
            (2) A description of the metrics used to assess the extent 
        of fatigue pursuant to paragraph (1).
            (3) An identification of results-oriented goals for 
        effective fatigue management.
            (4) >  An identification of timeframes 
        for achieving the goals identified pursuant to paragraph (3).

    (c) >  Comptroller General Briefing.--Not later 
than 90 days after the date on which the Comptroller General receives 
the report under subsection (b), the Comptroller General shall provide 
to the congressional defense committees a briefing on the extent to 
which the actions and goals described in the report meet the 
requirements of subsection (a).
SEC. 380. >  AUTHORITY FOR ACTIVITIES TO 
                        IMPROVE NEXT GENERATION RADAR SYSTEMS 
                        CAPABILITIES.

    (a) Authority.--The Secretary of Defense may undertake activities to 
enhance future radar systems capabilities, including the following:
            (1) Designating specific industry, academic, government, or 
        public-private partnership entities to provide expertise in the 
        repair, sustainment, and support of radar systems to meet 
        current and future defense requirements, as appropriate.
            (2) Facilitating collaboration among academia, the Federal 
        Government, the defense industry, and the commercial sector, 
        including with respect to radar system repair and sustainment 
        activities.
            (3) Establishing advanced research and workforce training 
        and educational programs to enhance future radar systems 
        capabilities.
            (4) Establishing goals for research in areas of study 
        relevant to advancing technology and facilitating better 
        understanding of radar systems in defense systems and 
        operational activities, including continuing education and 
        training goals.

[[Page 135 STAT. 1671]]

            (5) Increasing communications and personnel exchanges with 
        radar systems experts in industry to support adoption of state-
        of-the-art technologies and operational practices, especially to 
        support meeting future defense needs related to radar systems in 
        autonomous systems.
            (6) Establishing agreements with one or more institutions of 
        higher education or other organizations in academia or industry 
        to provide for activities authorized under this section.
            (7) Partnering with nonprofit institutions and private 
        industry with expertise in radar systems to support activities 
        authorized under this section.
            (8) Establishing research centers and facilities, including 
        centers of excellence, as appropriate to support activities 
        authorized under this section, especially to promote 
        partnerships between government, industry, and academia.

    (b) Institution of Higher Education Defined.--The term ``institution 
of higher education'' has the meaning given that term in section 101 of 
the Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 381. >  PILOT PROGRAM ON MILITARY 
                        WORKING DOG AND EXPLOSIVES DETECTION 
                        CANINE HEALTH AND EXCELLENCE.

    (a) >  Pilot Program.--Not later than September 
31, 2022, the Secretary of Defense shall carry out a pilot program to 
ensure the health and excellence of explosives detection military 
working dogs. >  Under such pilot program, the 
Secretary shall consult with domestic breeders of working dog lines, 
covered institutions of higher education, and covered national domestic 
canine associations, to--
            (1) facilitate the presentation, both in a central location 
        and at regional field evaluations in the United States, of 
        domestically-bred explosives detection military working dogs for 
        assessment for procurement by the Department of Defense, at a 
        rate of at least 250 canines presented per fiscal year;
            (2) facilitate the delivery and communication to domestic 
        breeders, covered institutions of higher education, and covered 
        national domestic canine associations, of information 
        regarding--
                    (A) any specific needs or requirements for the 
                future acquisition by the Department of explosives 
                detection military working dogs; and
                    (B) any factors identified as relevant to the 
                success or failure of explosives detection military 
                working dogs presented for assessment pursuant to this 
                section;
            (3) collect information on the biological and health factors 
        of explosives detection military working dogs procured by the 
        Department, and make such information available for academic 
        research and to domestic breeders;
            (4) collect and make available genetic and phenotypic 
        information, including canine rearing and training data for 
        study by domestic breeders and covered institutions of higher 
        education, for the further development of working canines that 
        are bred, raised, and trained domestically; and
            (5) >  evaluate current Department 
        guidance for the procurement of military working dogs to ensure 
        that pricing structures and procurement requirements for foreign 
        and domestic canine

[[Page 135 STAT. 1672]]

        procurements accurately account for input cost differences 
        between foreign and domestic canines.

    (b) Termination.--The authority to carry out the pilot program under 
subsection (a) shall terminate on October 1, 2024.
    (c) Definitions.--In this section:
            (1) The term ``covered institution of higher education'' 
        means an institution of higher education, as such term is 
        defined in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001), with demonstrated expertise in veterinary medicine 
        for working canines.
            (2) The term ``covered national domestic canine 
        association'' means a national domestic canine association with 
        demonstrated expertise in the breeding and pedigree of working 
        canine lines.
            (3) The term ``explosives detection military working dog'' 
        means a canine that, in connection with the work duties of the 
        canine performed for the Department of Defense, is certified and 
        trained to detect odors indicating the presence of explosives in 
        a given object or area, in addition to the performance of such 
        other duties for the Department as may be assigned.
SEC. 382. >  DEPARTMENT OF DEFENSE 
                        RESPONSE TO MILITARY LAZING INCIDENTS.

    (a) Investigation Into Lazing of Military Aircraft.--
            (1) >  Investigation required.--The 
        Secretary of Defense shall conduct a formal investigation into 
        all incidents of lazing of military aircraft that occurred 
        during fiscal year 2021. >  
        The Secretary shall carry out such investigation in coordination 
        and collaboration with appropriate non-Department of Defense 
        entities.
            (2) Report to congress.--Not later than March 31, 2022, the 
        Secretary shall submit to the congressional defense committees a 
        report on the findings of the investigation conducted pursuant 
        to paragraph (1).

    (b) >  Information Sharing.--The Secretary shall 
seek to increase information sharing between the Department of Defense 
and the States with respect to incidents of lazing of military aircraft, 
including by entering into memoranda of understanding with State law 
enforcement agencies on information sharing in connection with such 
incidents to provide for procedures for closer cooperation with local 
law enforcement in responding to such incidents as soon as they are 
reported.

    (c) Data Collection and Tracking.--The Secretary shall collect such 
data as may be necessary to track the correlation between noise 
complaints and incidents of military aircraft lazing.
    (d) Operating Procedures.--The Secretary shall give consideration to 
adapting local operating procedures in areas with high incidence of 
military aircraft lazing incidents to reduce potential injury to 
aircrew.
    (e) Eye Protection.--The Secretary shall examine the availability of 
commercial off-the-shelf laser eye protection equipment that protects 
against the most commonly available green light lasers that are 
available to the public. >  If the Secretary determines that no such laser eye 
protection equipment is available, the Secretary shall conduct research 
and develop such equipment.

[[Page 135 STAT. 1673]]

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum 
           levels.
Sec. 403. Additional authority to vary Space Force end strength.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.
Sec. 415. Accounting of reserve component members performing active duty 
           or full-time National Guard duty towards authorized end 
           strengths.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                        Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2022, as follows:
            (1) The Army, 485,000.
            (2) The Navy, 346,920.
            (3) The Marine Corps, 178,500.
            (4) The Air Force, 329,220.
            (5) The Space Force, 8,400.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
                        LEVELS.

    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (5) and inserting the following new 
paragraphs:
            ``(1) For the Army, 485,000.
            ``(2) For the Navy, 346,920.
            ``(3) For the Marine Corps, 178,500.
            ``(4) For the Air Force, 329,220.
            ``(5) For the Space Force, 8,400.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH.

    (a) >  In General.--Notwithstanding section 
115(g) of title 10, United States Code, upon determination by the 
Secretary of the Air Force that such action would enhance manning and 
readiness in essential units or in critical specialties, the Secretary 
may vary the end strength authorized by Congress for each fiscal year as 
follows:
            (1) Increase the end strength authorized pursuant to section 
        115(a)(1)(A) for a fiscal year for the Space Force by a number 
        equal to not more than 5 percent of such authorized end 
        strength.
            (2) Decrease the end strength authorized pursuant to section 
        115(a)(1)(A) for a fiscal year for the Space Force by a number 
        equal to not more than 10 percent of such authorized end 
        strength.

[[Page 135 STAT. 1674]]

    (b) Termination.--The authority provided under subsection (a) shall 
terminate on December 31, 2022.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 30, 
2022, as follows:
            (1) The Army National Guard of the United States, 336,000.
            (2) The Army Reserve, 189,500.
            (3) The Navy Reserve, 58,600.
            (4) The Marine Corps Reserve, 36,800.
            (5) The Air National Guard of the United States, 108,300.
            (6) The Air Force Reserve, 70,300.
            (7) The Coast Guard Reserve, 7,000.

    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or for 
        unsatisfactory participation in training) without their consent 
        at the end of the fiscal year.

    (c) End Strength Increases.--Whenever units or individual members of 
the Selected Reserve of any reserve component are released from active 
duty during any fiscal year, the end strength prescribed for such fiscal 
year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF 
                        THE RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 2022, 
the following number of Reserves to be serving on full-time active duty 
or full-time duty, in the case of members of the National Guard, for the 
purpose of organizing, administering, recruiting, instructing, or 
training the reserve components:
            (1) The Army National Guard of the United States, 30,845.
            (2) The Army Reserve, 16,511.
            (3) The Navy Reserve, 10,293.
            (4) The Marine Corps Reserve, 2,386.
            (5) The Air National Guard of the United States, 25,333.
            (6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    (a) In General.--The minimum authorized number of military 
technicians (dual status) as of the last day of fiscal year 2022

[[Page 135 STAT. 1675]]

for the reserve components of the Army and the Air Force 
(notwithstanding section 129 of title 10, United States Code) shall be 
the following:
            (1) For the Army National Guard of the United States, 
        22,294.
            (2) For the Army Reserve, 6,492.
            (3) For the Air National Guard of the United States, 10,994.
            (4) For the Air Force Reserve, 7,111.

    (b) Limitation on Number of Temporary Military Technicians (dual 
Status).--The number of temporary military technicians (dual-status) 
employed under the authority of subsection (a) may not exceed 25 percent 
of the total authorized number specified in such subsection.
    (c) Limitation.--Under no circumstances may a military technician 
(dual status) employed under the authority of this section be coerced by 
a State into accepting an offer of realignment or conversion to any 
other military status, including as a member of the Active Guard and 
Reserve program of a reserve component. If a military technician (dual 
status) declines to participate in such realignment or conversion, no 
further action will be taken against the individual or the individual's 
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
                        ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2022, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time on 
full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
            (1) The Army National Guard of the United States, 17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.
SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEMBERS PERFORMING 
                        ACTIVE DUTY OR FULL-TIME NATIONAL GUARD 
                        DUTY TOWARDS AUTHORIZED END STRENGTHS.

    Section 115(b)(2)(B) of title 10, United States Code, is amended by 
striking ``1095 days in the previous 1460 days'' and inserting ``1825 
days in the previous 2190 days''.

               Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal year 2022 for the use of the Armed Forces and 
other activities and agencies of the Department of Defense for expenses, 
not otherwise provided for, for military personnel, as specified in the 
funding table in section 4401.
    (b) Construction of Authorization.--The authorization of 
appropriations in the subsection (a) supersedes any other authorization 
of appropriations (definite or indefinite) for such purpose for fiscal 
year 2022.

[[Page 135 STAT. 1676]]

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A-- Officer Personnel Policy

Sec. 501. Authority with respect to authorized strengths for general and 
           flag officers within the Armed Forces for emerging 
           requirements.
Sec. 502. Time in grade requirements.
Sec. 503. Authority to vary number of Space Force officers considered 
           for promotion to major general.
Sec. 504. Seaman to Admiral-21 program: credit towards retirement.
Sec. 505. Independent assessment of retention of female surface warfare 
           officers.
Sec. 506. Reports on Air Force personnel performing duties of a Nuclear 
           and Missile Operations Officer (13N).

                Subtitle B--Reserve Component Management

Sec. 511. Modification of grant program supporting science, technology, 
           engineering, and math education in the Junior Reserve 
           Officers' Training Corps to include quantum information 
           sciences.
Sec. 512. Prohibition on private funding for interstate deployment of 
           National Guard.
Sec. 513. Access to Tour of Duty system.
Sec. 514. Implementation of certain recommendations regarding use of 
           unmanned aircraft systems by the National Guard.
Sec. 515. Continued National Guard support for FireGuard program.
Sec. 516. Enhancement of National Guard Youth Challenge Program.
Sec. 517. Report on methods to enhance support from the reserve 
           components in response to catastrophic incidents.
Sec. 518. Study on reapportionment of National Guard force structure 
           based on domestic responses.
Sec. 519. Briefing on Junior Reserve Officers' Training Corps program.

      Subtitle C--General Service Authorities and Military Records

Sec. 521. Reduction in service commitment required for participation in 
           career intermission program of a military department.
Sec. 522. Improvements to military accessions in Armed Forces under the 
           jurisdiction of the Secretaries of the military departments.
Sec. 523. Notice program relating to options for naturalization.
Sec. 524. Appeals to Physical Evaluation Board determinations of fitness 
           for duty.
Sec. 525. Command oversight of military privatized housing as element of 
           performance evaluations.
Sec. 526. Feasibility study on establishment of housing history for 
           members of the Armed Forces who reside in housing provided by 
           the United States.
Sec. 527. Enhancements to national mobilization exercises.
Sec. 528. Temporary exemption from end strength grade restrictions for 
           the Space Force.
Sec. 529. Report on exemptions and deferments for a possible military 
           draft.
Sec. 529A. Report on processes and procedures for appeal of denial of 
           status or benefits for failure to register for Selective 
           Service.
Sec. 529B. Study and report on administrative separation boards.

                   Subtitle D--Military Justice Reform

                      Part 1--Special Trial Counsel

Sec. 531. Special trial counsel.
Sec. 532. Policies with respect to special trial counsel.
Sec. 533. Definition of military magistrate, covered offense, and 
           special trial counsel.
Sec. 534. Clarification relating to who may convene courts-martial.
Sec. 535. Detail of trial counsel.
Sec. 536. Preliminary hearing.
Sec. 537. Advice to convening authority before referral for trial.
Sec. 538. Former jeopardy.
Sec. 539. Plea agreements.
Sec. 539A. Determinations of impracticability of rehearing.
Sec. 539B. Applicability to the United States Coast Guard.
Sec. 539C. Effective date.

              Part 2--Sexual Harassment; Sentencing Reform

Sec. 539D. Inclusion of sexual harassment as general punitive article.

[[Page 135 STAT. 1677]]

Sec. 539E. Sentencing reform.

                    Part 3--Reports and Other Matters

Sec. 539F. Briefing and report on resourcing required for 
           implementation.
Sec. 539G. Briefing on implementation of certain recommendations of the 
           Independent Review Commission on Sexual Assault in the 
           Military.

          Subtitle E--Other Military Justice and Legal Matters

Sec. 541. Rights of the victim of an offense under the Uniform Code of 
           Military Justice.
Sec. 542. Conduct unbecoming an officer.
Sec. 543. Independent investigation of complaints of sexual harassment.
Sec. 544. Department of Defense tracking of allegations of retaliation 
           by victims of sexual assault or sexual harassment and related 
           persons.
Sec. 545. Modification of notice to victims of pendency of further 
           administrative action following a determination not to refer 
           to trial by court-martial.
Sec. 546. Civilian positions to support Special Victims' Counsel.
Sec. 547. Plans for uniform document management system, tracking 
           pretrial information, and assessing changes in law.
Sec. 548. Determination and reporting of members missing, absent 
           unknown, absent without leave, and duty status-whereabouts 
           unknown.
Sec. 549. Activities to improve family violence prevention and response.
Sec. 549A. Annual primary prevention research agenda.
Sec. 549B. Primary prevention workforce.
Sec. 549C. Reform and improvement of military criminal investigative 
           organizations.
Sec. 549D. Military defense counsel.
Sec. 549E. Full functionality of Military Justice Review Panel.
Sec. 549F. Military service independent racial disparity review.
Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual 
           assaults; reporting on racial and ethnic demographics in the 
           military justice system.
Sec. 549H. DoD Safe Helpline authorization to perform intake of official 
           restricted and unrestricted reports for eligible adult sexual 
           assault victims.
Sec. 549I. Extension of annual report regarding sexual assaults 
           involving members of the Armed Forces.
Sec. 549J. Study and report on Sexual Assault Response Coordinator 
           military occupational specialty.
Sec. 549K. Amendments to additional Deputy Inspector General of the 
           Department of Defense.
Sec. 549L. Improved Department of Defense prevention of, and response 
           to, bullying in the Armed Forces.
Sec. 549M. Recommendations on separate punitive article in the Uniform 
           Code of Military Justice on violent extremism.
Sec. 549N. Combating foreign malign influence.

         Subtitle F--Member Education, Training, and Transition

Sec. 551. Troops-to-Teachers Program.
Sec. 552. Codification of human relations training for certain members 
           of the Armed Forces.
Sec. 553. Allocation of authority for nominations to the military 
           service academies in the event of the death, resignation, or 
           expulsion from office of a Member of Congress.
Sec. 554. Authority of President to appoint successors to members of 
           Board of Visitors of military academies whose terms have 
           expired.
Sec. 555. Meetings of the Board of Visitors of a military service 
           academy: votes required to call; held in person or remotely.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. United States Naval Community College.
Sec. 558. Codification of establishment of United States Air Force 
           Institute of Technology.
Sec. 559. Concurrent use of Department of Defense Tuition Assistance and 
           Montgomery GI Bill-Selected Reserve benefits.
Sec. 559A. Regulations on certain parental guardianship rights of cadets 
           and midshipmen.
Sec. 559B. Defense language continuing education program.
Sec. 559C. Prohibition on implementation by United States Air Force 
           Academy of civilian faculty tenure system.
Sec. 559D. Professional military education: report; definition.
Sec. 559E. Report on training and education of members of the Armed 
           Forces regarding social reform and unhealthy behaviors.

[[Page 135 STAT. 1678]]

Sec. 559F. Report on status of Army Tuition Assistance Program Army 
           IgnitED program.
Sec. 559G. Briefing on cadets and midshipmen with speech disorders.

     Subtitle G--Military Family Readiness and Dependents' Education

Sec. 561. Expansion of support programs for special operations forces 
           personnel and immediate family members.
Sec. 562. Improvements to the Exceptional Family Member Program.
Sec. 563. Certain assistance to local educational agencies that benefit 
           dependents of military and civilian personnel.
Sec. 564. Pilot program to establish employment fellowship opportunities 
           for military spouses.
Sec. 565. Policy regarding remote military installations.
Sec. 566. Implementation of GAO recommendation on improved communication 
           of best practices to engage military spouses with career 
           assistance resources.
Sec. 567. Study on employment of military spouses.
Sec. 568. Briefing on efforts of commanders of military installations to 
           connect military families with local entities that provide 
           services to military families.
Sec. 569. Briefing on process to certify reporting of eligible federally 
           connected children for purposes of Federal impact aid 
           programs.
Sec. 569A. Briefing on legal services for families enrolled in the 
           Exceptional Family Member Program.
Sec. 569B. GAO review of Preservation of the Force and Family Program of 
           United States Special Operations Command: briefing; report.

                   Subtitle H--Diversity and Inclusion

Sec. 571. Reduction of gender-related inequities in costs of uniforms to 
           members of the Armed Forces.
Sec. 572. Study on number of members of the Armed Forces who identify as 
           Hispanic or Latino.
Sec. 573. Inclusion of military service academies, Officer Candidate and 
           Training Schools, and the Senior Reserve Officers' Training 
           Corps data in diversity and inclusion reporting.
Sec. 574. Extension of deadline for GAO report on equal opportunity at 
           the military service academies.

  Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other 
                                 Matters

Sec. 581. Modified deadline for establishment of special purpose adjunct 
           to Armed Services Vocational Aptitude Battery test.
Sec. 582. Authorizations for certain awards.
Sec. 583. Establishment of the Atomic Veterans Commemorative Service 
           Medal.
Sec. 584. Updates and preservation of memorials to chaplains at 
           Arlington National Cemetery.
Sec. 585. Reports on security force personnel performing protection 
           level one duties.
Sec. 586. GAO study on tattoo policies of the Armed Forces.
Sec. 587. Briefing regarding best practices for community engagement in 
           Hawaii.

                  Subtitle A-- Officer Personnel Policy

SEC. 501. AUTHORITY WITH RESPECT TO AUTHORIZED STRENGTHS FOR 
                        GENERAL AND FLAG OFFICERS WITHIN THE ARMED 
                        FORCES FOR EMERGING REQUIREMENTS.

    (a) Authority on and Before December 31, 2022.--Section 526 of title 
10, United States Code, is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection:

    ``(k) Transfer of Authorizations Among the Military Services.--
(1) >  The Secretary of Defense may 
increase the maximum number of brigadier generals or major generals in 
the Army, Air Force, Marine Corps, or Space Force, or rear admirals 
(lower half) or rear admirals in the Navy, allowed under subsection (a) 
and section 525 of this title, and the President may appoint officers

[[Page 135 STAT. 1679]]

in the equivalent grades equal to the number increased by the Secretary 
of Defense, if each appointment is made in conjunction with an 
offsetting reduction under paragraph (2).

    ``(2) For each increase and appointment made under the authority of 
paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space 
Force, the number of appointments that may be made in the equivalent 
grade in one of the other armed forces (other than the Coast Guard) 
shall be reduced by one. When such an increase and appointment is made, 
the Secretary of Defense shall specify the armed force in which the 
reduction required by this paragraph is to be made.
    ``(3) The total number of general officers and flag officers 
increased under paragraph (1), combined with the total number of general 
officers and flag officers increased under section 526a(i)(1) of this 
title, may not exceed 15 at any one time.
    ``(4) >  The Secretary 
may not increase the maximum number of general officers or flag officers 
under paragraph (1) until the date that is 30 days after the date on 
which the Secretary provides, to the Committees on Armed Services of the 
Senate and the House of Representatives, written notice of--
            ``(A) such increase; and
            ``(B) each offsetting reduction under paragraph (2), 
        specifying the armed force and billet so reduced.''.

    (b) Authority After December 31, 2022.--Section 526a of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(i) Transfer of Authorizations Among the Military Services.--
(1) >  The Secretary of Defense may 
increase the maximum number of brigadier generals or major generals in 
the Army, Air Force, Marine Corps, or Space Force, or rear admirals 
(lower half) or rear admirals in the Navy, allowed under subsection (a) 
and section 525 of this title and the President may appoint officers in 
the equivalent grades equal to the number increased by the Secretary of 
Defense if each appointment is made in conjunction with an offsetting 
reduction under paragraph (2).

    ``(2) For each increase and appointment made under the authority of 
paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space 
Force, the number of appointments that may be made in the equivalent 
grade in one of the other armed forces (other than the Coast Guard) 
shall be reduced by one. When such an increase and appointment is made, 
the Secretary of Defense shall specify the armed force in which the 
reduction required by this paragraph is to be made.
    ``(3) The total number of general officers and flag officers 
increased under paragraph (1), combined with the total number of general 
officers and flag officers increased under section 526(k)(1) of this 
title, may not exceed 15 at any one time.
    ``(4) >  The Secretary 
may not increase the maximum number of general officers or flag officers 
under paragraph (1) until the date that is 30 days after the date on 
which the Secretary provides, to the Committees on Armed Services of the 
Senate and the House of Representatives, written notice of--
            ``(A) such increase; and
            ``(B) each offsetting reduction under paragraph (2), 
        specifying the armed force and billet so reduced.''.

[[Page 135 STAT. 1680]]

SEC. 502. TIME IN GRADE REQUIREMENTS.

    Section 619(a) of title 10, United States Code, is amended--
            (1) in paragraph (2), by striking ``paragraph (4)'' and 
        inserting ``paragraph (5)'';
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following new 
        paragraph:

    ``(4) When the needs of the service require, the Secretary of the 
military department concerned may prescribe a shorter period of service 
in grade, but not less than two years, for eligibility for consideration 
for promotion, in the case of officers designated for limited duty to 
whom paragraph (2) applies.''.
SEC. 503. AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS 
                        CONSIDERED FOR PROMOTION TO MAJOR GENERAL.

    (a) In General.--Notwithstanding section 616(d) of title 10, United 
States Code, the number of officers recommended for promotion by a 
selection board convened by the Secretary of the Air Force under section 
611(a) of title 10, United States Code, to consider officers on the 
Space Force active duty list for promotion to major general may not 
exceed the number equal to 95 percent of the total number of brigadier 
generals eligible for consideration by the board.
    (b) Termination.--The authority provided under subsection (a) shall 
terminate on December 31, 2022.
SEC. 504. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TOWARDS RETIREMENT.

    (a) >  Credit.--For each participant in the 
Seaman to Admiral-21 program during fiscal years 2010 through 2014 for 
whom the Secretary of the Navy cannot find evidence of an acknowledgment 
that, before entering a baccalaureate degree program, service during the 
baccalaureate degree program would not be included when computing years 
of service for retirement, the Secretary shall include service during 
the baccalaureate degree program when computing--
            (1) years of service; and
            (2) retired or retainer pay.

    (b) Report Required.--The Secretary shall submit a report to the 
Committees on Armed Services of the Senate and House of Representatives 
regarding the number of participants credited with service under 
subsection (a).
    (c) Deadline.--The Secretary shall carry out this section not later 
than 180 days after the date of the enactment of this Act.
SEC. 505. INDEPENDENT ASSESSMENT OF RETENTION OF FEMALE SURFACE 
                        WARFARE OFFICERS.

    (a) >  In General.--The Secretary of 
Defense shall seek to enter into an agreement with a nonprofit entity or 
a federally funded research and development center independent of the 
Department of Defense to conduct research and analysis on the gender gap 
in retention of surface warfare officers in the Navy.

    (b) Elements.--The research and analysis conducted under subsection 
(a) shall include consideration of the following:
            (1) Demographics of surface warfare officers, disaggregated 
        by gender, including--
                    (A) race;

[[Page 135 STAT. 1681]]

                    (B) ethnicity;
                    (C) socioeconomic status;
                    (D) marital status (including whether the spouse is 
                a member of the Armed Forces and, if so, the length of 
                service of such spouse);
                    (E) whether the officer has children (including 
                number and age or ages of children);
                    (F) whether an immediate family member serves or has 
                served as a member of the Armed Forces; and
                    (G) the percentage of such officers who--
                          (i) indicate an intent to complete only an 
                      initial service agreement; and
                          (ii) complete only an initial service 
                      agreement.
            (2) Whether there is a correlation between the number of 
        female surface warfare officers serving on a vessel and 
        responses of such officers to command climate surveys.
            (3) >  An anonymous but traceable study of 
        command climate results to--
                    (A) correlate responses from particular female 
                surface warfare officers with resignation; and
                    (B) compare attitudes of first-tour and second-tour 
                female surface warfare officers.
            (4) >  Recommendations based on 
        the findings under paragraphs (1), (2), and (3).

    (c) Reports.--
            (1) In general.--Not later than 270 days after the date on 
        which a nonprofit entity or federally funded research and 
        development center enters into an agreement under subsection (a) 
        with the Secretary of Defense, such entity or center shall 
        submit to the Secretary of Defense a report on the results of 
        the research and analysis under subsection (a).
            (2) Submission to congress.--Not later than one year after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall submit to the congressional defense committees each of the 
        following:
                    (A) >  A copy of the report 
                submitted under paragraph (1) without change.
                    (B) >  Any comments, 
                changes, recommendations, or other information provided 
                by the Secretary of Defense relating to the research and 
                analysis under subsection (a) and contained in such 
                report.
SEC. 506. REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES OF A 
                        NUCLEAR AND MISSILE OPERATIONS OFFICER 
                        (13N).

    (a) In General.--The Secretary of the Air Force shall submit to the 
congressional defense committees a report on personnel performing the 
duties of a Nuclear and Missile Operations Officer (13N)--
            (1) not later than 90 days after the date of the enactment 
        of this Act; and
            (2) concurrent with the submission to Congress of the budget 
        of the President for each of fiscal years 2023 through 2027 
        pursuant to section 1105(a) of title 31, United States Code.

    (b) Elements.--Each report required by subsection (a) shall include 
the following:

[[Page 135 STAT. 1682]]

            (1) The number of Nuclear and Missile Operations Officers 
        commissioned, by commissioning source, during the most recent 
        fiscal year that ended before submission of the report.
            (2) A description of the rank structure and number of such 
        officers by intercontinental ballistic missile operational group 
        during that fiscal year.
            (3) >  The retention rate of such 
        officers by intercontinental ballistic missile operational group 
        during that fiscal year and an assessment of reasons for any 
        loss in retention of such officers.
            (4) A description of the rank structure and number of 
        officers by intercontinental ballistic missile operational group 
        performing alert duties by month during that fiscal year.
            (5) A description of the structure of incentive pay for 
        officers performing 13N duties during that fiscal year.
            (6) >  A personnel manning plan 
        for managing officers performing alert duties during the period 
        of five fiscal years after submission of the report.
            (7) A description of methods, with metrics, to manage the 
        transition of Nuclear and Missile Operations Officers, by 
        intercontinental ballistic missile operational group, to other 
        career fields in the Air Force.
            (8) >  Such other matters as the 
        Secretary considers appropriate to inform the congressional 
        defense committees with respect to the 13N career field during 
        the period of five to ten fiscal years after submission of the 
        report.

                Subtitle B--Reserve Component Management

SEC. 511. MODIFICATION OF GRANT PROGRAM SUPPORTING SCIENCE, 
                        TECHNOLOGY, ENGINEERING, AND MATH 
                        EDUCATION IN THE JUNIOR RESERVE OFFICERS' 
                        TRAINING CORPS TO INCLUDE QUANTUM 
                        INFORMATION SCIENCES.

    Section 2036(g)(2) of title 10, United States Code, is amended--
            (1) by redesignating subparagraphs (J) through (M) as 
        subparagraphs (K) through (N), respectively; and
            (2) by inserting after subparagraph (I) the following new 
        subparagraph:
                    ``(J) quantum information sciences;''.
SEC. 512. PROHIBITION ON PRIVATE FUNDING FOR INTERSTATE DEPLOYMENT 
                        OF NATIONAL GUARD.

    (a) Prohibition.--Chapter 3 of title 32, United States Code, is 
amended by adding at the end the following new section:
``Sec. 329. >  Prohibition on private funding 
                      for interstate deployment

    ``A member of the National Guard may not be ordered to cross a 
border of a State to perform duty (under this title or title 10) if such 
duty is paid for with private funds, unless such duty is in response to 
a major disaster or emergency under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170).''.

[[Page 135 STAT. 1683]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter >  is amended by adding at the end 
the following new item:

``329. Prohibition on private funding for interstate deployment.''.

SEC. 513. >  ACCESS TO TOUR OF DUTY 
                        SYSTEM.

    (a) Access.--
            (1) >  In general.--Not later than one 
        year after the date of the enactment of this Act, the Secretary 
        of the Army shall ensure, subject to paragraph (2), that a 
        member of the reserve components of the Army may access the Tour 
        of Duty system using a personal internet-enabled device.
            (2) >  Exception.--The Secretary of 
        the Army may restrict access to the Tour of Duty system on 
        personal internet-enabled devices if the Secretary determines 
        such restriction is necessary to ensure the security and 
        integrity of information systems and data of the United States.

    (b) Tour of Duty System Defined.--In this Act, the term ``Tour of 
Duty system'' means the online system of listings for opportunities to 
serve on active duty for members of the reserve components of the Army 
and through which such a member may apply for such an opportunity, known 
as ``Tour of Duty'', or any successor to such system.
SEC. 514. >  IMPLEMENTATION OF 
                        CERTAIN RECOMMENDATIONS REGARDING USE OF 
                        UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL 
                        GUARD.

    Not later than September 30, 2022, the Secretary of Defense shall 
implement recommendations of the Secretary described in section 
519C(a)(2) of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 515. >  
                        CONTINUED NATIONAL GUARD SUPPORT FOR 
                        FIREGUARD PROGRAM.

    Until September 30, 2026, the Secretary of Defense shall continue to 
support the FireGuard program with personnel of the California National 
Guard to aggregate, analyze, and assess multi-source remote sensing 
information for interagency partnerships in the initial detection and 
monitoring of wildfires.
SEC. 516. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

    (a) >  Authority.--During fiscal year 2022, the 
Secretary of Defense may provide assistance to a National Guard Youth 
Challenge Program of a State--
            (1) in addition to assistance under subsection (d) of 
        section 509 of title 32, United States Code;
            (2) that is not subject to the matching requirement under 
        such subsection; and
            (3) for--
                    (A) new program start-up costs; or
                    (B) a workforce development program.

    (b) Limitations.--
            (1) Matching.--The Secretary may not provide additional 
        assistance under this section to a State that does not comply 
        with the fund matching requirement under such subsection 
        regarding assistance under such subsection.

[[Page 135 STAT. 1684]]

            (2) Total assistance.--Total assistance under this section 
        to all States may not exceed $5,000,000 of the funds 
        appropriated for the National Guard Youth Challenge Program for 
        fiscal year 2022.

    (c) Reporting.--Any assistance provided under this section shall be 
included in the annual report under subsection (k) of section 509 of 
such title.
SEC. 517. REPORT ON METHODS TO ENHANCE SUPPORT FROM THE RESERVE 
                        COMPONENTS IN RESPONSE TO CATASTROPHIC 
                        INCIDENTS.

    (a) >  In General.--Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
of Defense, in consultation and coordination with the Federal Emergency 
Management Agency, the National Security Council, the Council of 
Governors, and the National Governors Association, shall submit to the 
appropriate congressional committees a report that includes--
            (1) >  a detailed examination of the 
        policy framework for the reserve components, consistent with 
        existing authorities, to provide support to other Federal 
        agencies in response to catastrophic incidents;
            (2) identify major statutory or policy impediments to such 
        support; and
            (3) >  recommendations for 
        legislation as appropriate.

    (b) >  Contents.--The report submitted under this 
section shall include a description of--
            (1) >  the assessment of 
        the Secretary, informed by consultation with the Federal 
        Emergency Management Agency, the National Security Council, the 
        Council of Governors, and the National Governors Association, 
        regarding--
                    (A) the sufficiency of current authorities for the 
                reimbursement of reserve component personnel during 
                catastrophic incidents under title 10 and title 32, 
                United States Code; and
                    (B) specifically whether reimbursement authorities 
                are sufficient to ensure that military training and 
                readiness are not degraded to fund disaster response, or 
                use of such authorities degrades the effectiveness of 
                the Disaster Relief Fund;
            (2) >  the plan of the Secretary 
        to ensure there is parallel and consistent policy in the 
        application of the authorities granted under section 12304a of 
        title 10, United States Code, and section 502(f) of title 32, 
        United States Code, including--
                    (A) a description of the disparities between 
                benefits and protections under Federal law versus State 
                active duty;
                    (B) recommended solutions to achieve parity at the 
                Federal level; and
                    (C) recommended changes at the State level, if 
                appropriate;
            (3) the plan of the Secretary to ensure there is parity of 
        benefits and protections for members of the Armed Forces 
        employed as part of the response to catastrophic incidents under 
        title 32 or title 10, United States Code, and recommendations 
        for addressing shortfalls; and
            (4) >  a review, by the Federal 
        Emergency Management Agency, of the current policy for, and an 
        assessment of the sufficiency of, reimbursement authority for 
        the use of the

[[Page 135 STAT. 1685]]

        reserve components, both to the Department of Defense and to the 
        States, during catastrophic incidents, including any policy and 
        legal limitations, and cost assessment impact on Federal 
        funding.

    (c) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' means 
        the following:
                    (A) The congressional defense committees;
                    (B) The Committee on Homeland Security of the House 
                of Representatives.
                    (C) The Committee on Homeland Security and 
                Governmental Affairs of the Senate.
                    (D) The Committee on Transportation and 
                Infrastructure of the House of Representatives.
                    (E) The Committee on Commerce, Science, and 
                Transportation of the Senate.
            (2) The term ``catastrophic incident'' has the meaning given 
        that term in section 501 of the Homeland Security Act of 2002 
        (Public Law 107-296; 6 U.S.C. 311).
SEC. 518. STUDY ON REAPPORTIONMENT OF NATIONAL GUARD FORCE 
                        STRUCTURE BASED ON DOMESTIC RESPONSES.

    (a) Study.--The Secretary of Defense shall conduct a study to 
determine whether to reapportion the current force structure of the 
National Guard based on wartime and domestic response 
requirements. >  The study shall include the 
following elements:
            (1) An assessment of how domestic response missions affect 
        recruitment and retention of qualified personnel, especially in 
        States--
                    (A) with the lowest ratios of National Guard members 
                to the general population; and
                    (B) that are most prone to natural disasters.
            (2) An assessment of how domestic response missions affect 
        the ability of the National Guard of a State to ability to 
        staff, equip, and ready a unit for its Federal missions.
            (3) A comparison of the costs of a response to a domestic 
        incident in a State with--
                    (A) units of the National Guard of such State; and
                    (B) units of the National Guards of other States 
                pursuant to an emergency management assistance compact.
            (4) Based on the recommendations in the 2021 report of the 
        National Guard Bureau titled ``Impact of U.S. Population Trends 
        on National Guard Force Structure'', an assessment of--
                    (A) challenges to recruiting members of the National 
                Guard;
                    (B) allocating mission sets to other geographic 
                regions;
                    (C) the ability to track and respond to domestic 
                migration trends in order to establish a baseline for 
                force structure requirements;
                    (D) the availability of training ranges for Federal 
                missions;
                    (E) the availability of transportation and other 
                support infrastructure; and
                    (F) the cost of operation in each State.
            (5) In light of the limited authority of the President under 
        section 104(c) of title 32, United States Code, an assessment

[[Page 135 STAT. 1686]]

        of whether the number of members of the National Guard is 
        sufficient to reapportion force structure to meet the 
        requirements of domestic responses and shifting populations.

    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report on 
the results of the study under subsection (a).
    (c) State Defined.--In this section, the term ``State'' includes the 
various States and Territories, the Commonwealth of Puerto Rico, and the 
District of Columbia.
SEC. 519. BRIEFING ON JUNIOR RESERVE OFFICERS' TRAINING CORPS 
                        PROGRAM.

    Not >  later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a briefing on the status of the Junior Reserve Officers' 
Training Corps programs of each Armed Force. The briefing shall 
include--
            (1) >  an assessment of the current 
        usage of the program, including the number of individuals 
        enrolled in the program, the demographic information of 
        individuals enrolled in the program, and the number of units 
        established under the program;
            (2) a description of the efforts of the Armed Forces to meet 
        current enrollment targets for the program;
            (3) an explanation of the reasons such enrollment targets 
        have not been met, if applicable;
            (4) a description of any obstacles preventing the Armed 
        Forces from meeting such enrollment targets;
            (5) a comparison of the potential benefits and drawbacks of 
        expanding the program; and
            (6) a description of program-wide diversity and inclusion 
        recruitment and retention efforts.

      Subtitle C--General Service Authorities and Military Records

SEC. 521. REDUCTION IN SERVICE COMMITMENT REQUIRED FOR 
                        PARTICIPATION IN CAREER INTERMISSION 
                        PROGRAM OF A MILITARY DEPARTMENT.

    Section 710(c)(3) of title 10, United States Code, is amended by 
striking ``two months'' and inserting ``one month''.
SEC. 522. >  IMPROVEMENTS TO MILITARY 
                        ACCESSIONS IN ARMED FORCES UNDER THE 
                        JURISDICTION OF THE SECRETARIES OF THE 
                        MILITARY DEPARTMENTS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall take the following 
steps regarding military accessions in each Armed Force under the 
jurisdiction of the Secretary of a military department:
            (1) >  Assess the prescribed medical 
        standards for appointment as an officer, or enlistment as a 
        member, in such Armed Force.
            (2) Determine how to update the medical screening processes 
        for appointment or enlistment.

[[Page 135 STAT. 1687]]

            (3) Determine how to standardize operations across the 
        military entrance processing stations.
            (4) Determine how to improve aptitude testing methods and 
        standardized testing requirements.
            (5) Determine how to improve the waiver process for 
        individuals who do not meet medical standards for accession.
            (6) >  Determine, by 
        reviewing data from calendar years 2017 through 2021, whether 
        military accessions (including such accessions pursuant to 
        waivers) vary, by geographic region.
            (7) >  Determine, by 
        reviewing data from calendar years 2017 through 2021, whether 
        access to military health records has suppressed the number of 
        such military accessions, authorized Secretaries of the military 
        departments, by--
                    (A) children of members of such Armed Forces;
                    (B) retired members of such Armed Forces; or
                    (C) recently separated members of such Armed Forces.
            (8) Implement improvements determined under paragraphs (1) 
        through (7).

    (b) >  Briefing.--Not later than one year 
after the date of the enactment of this Act, the Secretary shall brief 
the Committees on Armed Services of the Senate and House of 
Representatives on the results of carrying out this section and 
recommendations regarding legislation the Secretary determines necessary 
to improve such military accessions.
SEC. 523. NOTICE PROGRAM RELATING TO OPTIONS FOR NATURALIZATION.

    (a) >  Upon Enlistment.--The 
Secretary of each military department shall prescribe regulations that 
ensure that a military recruit, who is not a citizen of the United 
States, receives proper notice of options for naturalization under title 
III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) Such 
notice shall inform the recruit of existing programs or services that 
may aid in the naturalization process of such recruit.

    (b) >  Upon Separation.--The 
Secretary of Homeland Security, acting through the Director of U.S. 
Citizenship and Immigration Services, and in coordination with the 
Secretary of Defense, shall provide to a member of the Armed Forces who 
is not a citizen of the United States, upon separation of such member, 
notice of options for naturalization under title III of the Immigration 
and Nationality Act (8 U.S.C. 1401 et seq.) Such notice shall inform the 
member of existing programs or services that may aid in the 
naturalization process of such member.
SEC. 524. >  APPEALS TO PHYSICAL 
                        EVALUATION BOARD DETERMINATIONS OF FITNESS 
                        FOR DUTY.

    Not >  later than 90 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall incorporate a formal appeals process (including timelines 
established by the Secretary of Defense) into the policies and 
procedures applicable to the implementation of the Integrated Disability 
Evaluation System of the Department of Defense. The appeals process 
shall include the following:
            (1) The Secretary concerned shall ensure that a member of 
        the Armed Forces may submit a formal appeal made with respect to 
        determinations of fitness for duty to a Physical Evaluation 
        Board of such Secretary.

[[Page 135 STAT. 1688]]

            (2) >  The appeals process 
        shall include, at the request of such member, an impartial 
        hearing on a fitness for duty determination to be conducted by 
        the Secretary concerned.
            (3) Such member shall have the option to be represented at a 
        hearing by legal counsel.
SEC. 525. >  COMMAND OVERSIGHT OF 
                        MILITARY PRIVATIZED HOUSING AS ELEMENT OF 
                        PERFORMANCE EVALUATIONS.

    (a) >  Evaluations in General.--Each Secretary 
of a military department shall ensure that the performance evaluations 
of any individual described in subsection (b) under the jurisdiction of 
such Secretary provides for an assessment of the extent to which such 
individual has or has not exercised effective oversight and leadership 
in the following:
            (1) Improving conditions of privatized housing under 
        subchapter IV of chapter 169 of title 10, United States Code.
            (2) Addressing concerns with respect to such housing of 
        members of the Armed Forces and their families who reside in 
        such housing on an installation of the military department 
        concerned.

    (b) Covered Individuals.--The individuals described in this 
subsection are as follows:
            (1) The commander of an installation of a military 
        department at which on-installation housing is managed by a 
        landlord of privatized housing under subchapter IV of chapter 
        169 of title 10, United States Code.
            (2) Each officer or senior enlisted member of the Armed 
        Forces at an installation described in paragraph (1) whose 
        duties include facilities or housing management at such 
        installation.
            (3) Any other officer or enlisted member of the Armed Forces 
        (whether or not at an installation described in paragraph (1)) 
        as specified by the Secretary of the military department 
        concerned for purposes of this section.
SEC. 526. >  FEASIBILITY STUDY ON ESTABLISHMENT 
                        OF HOUSING HISTORY FOR MEMBERS OF THE 
                        ARMED FORCES WHO RESIDE IN HOUSING 
                        PROVIDED BY THE UNITED STATES.

    (a) >  Study; Report.--Not later than September 
30, 2022, the Secretary of Defense shall--
            (1) conduct a feasibility study regarding the establishment 
        of a standard record of housing history for members of the Armed 
        Forces who reside in covered housing; and
            (2) submit to the appropriate congressional committees a 
        report on the results of such study.

    (b) Contents.--A record described in subsection (a) includes, with 
regards to each period during which the member concerned resided in 
covered housing, the following:
            (1) >  The assessment of the commander 
        of the military installation in which such housing is located, 
        of the condition of such covered housing--
                    (A) prior to the beginning of such period; and
                    (B) in which the member concerned left such covered 
                housing upon vacating such covered housing.
            (2) Contact information a housing provider may use to 
        inquire about such a record.

    (c) Online Access.--A record described in subsection (a) would be 
accessible through a website, maintained by the Secretary of

[[Page 135 STAT. 1689]]

the military department concerned, through which a member of the Armed 
Forces under the jurisdiction of such Secretary may access such record 
of such member.
    (d) Issuance.--The Secretary concerned would issue a copy of a 
described in subsection (a) to the member concerned upon the separation, 
retirement, discharge, or dismissal of such member from the Armed 
Forces, with the DD Form 214 for such member.
    (e) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' means 
        the following:
                    (A) The Committee on Armed Services of the House of 
                Representatives.
                    (B) The Committee on Armed Services of the Senate.
                    (C) The Committee on Transportation and 
                Infrastructure of the House of Representatives.
                    (D) The Committee on Commerce, Science, and 
                Transportation of the Senate.
            (2) The term ``covered housing'' means housing provided by 
        the United States to a member of the Armed Forces.
SEC. 527. ENHANCEMENTS TO NATIONAL MOBILIZATION EXERCISES.

    (a) Inclusion of Processes of Selective Service System.--Section 
10208 of title 10, United States Code, is amended by adding at the end 
the following new subsection:
    ``(c)(1) >  The 
Secretary shall, beginning in the first fiscal year that begins after 
the date of the enactment of this subsection, and every five years 
thereafter, as part of the major mobilization exercise under subsection 
(a), include the processes of the Selective Service System in 
preparation for induction of personnel into the armed forces under the 
Military Selective Service Act (50 U.S.C. 3801 et seq.), and submit to 
Congress a report on the results of this exercise and evaluation. The 
report may be submitted in classified form.

    ``(2) The exercise under this subsection--
            ``(A) >  shall include a review of national 
        mobilization strategic and operational concepts; and
            ``(B) >  shall include a simulation of a 
        mobilization of all armed forces and reserve units, with plans 
        and processes for incorporating Selective Service System 
        inductees.''.

    (b) Briefing; Report.--
            (1) >  Briefing.--Not later than 180 days 
        after the date on which the Secretary of Defense conducts the 
        first mobilization exercise under section 10208 of title 10, 
        United States Code, after the date of the enactment of this Act, 
        the Secretary shall provide to the Committees of Armed Services 
        of the Senate and House of Representatives a briefing on--
                    (A) the status of the review and assessments 
                conducted pursuant to subsection (c) of such section, as 
                added by subsection (a); and
                    (B) >  any interim 
                recommendations of the Secretary.
            (2) Report.--Not later than two years after the date on 
        which the Secretary conducts the first mobilization exercise as 
        described in paragraph (1), the Secretary shall submit to the 
        Committees of Armed Services of the Senate and House of 
        Representatives a report that contains the following:
                    (A) >  A review of national 
                mobilization strategic and operational concepts.

[[Page 135 STAT. 1690]]

                    (B) A simulation of a mobilization of all Armed 
                Forces and reserve units, with plans and processes for 
                incorporating Selective Service System inductees.
                    (C) >  An assessment of the 
                Selective Service system in the current organizational 
                form.
                    (D) >  An assessment of the 
                Selective Service System as a peace-time registration 
                system.
                    (E) >  Recommendations 
                with respect to the challenges, opportunities, cost, and 
                timelines regarding the assessments described in 
                subparagraphs (C) and (D).
SEC. 528. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS 
                        FOR THE SPACE FORCE.

    (a) >  Exemption.--Sections 
517 and 523 of title 10, United States Code, shall not apply to the 
Space Force until January 1, 2023.

    (b) >  Submittal.--Not later than April 1, 2022, 
the Secretary of the Air Force shall establish and submit to the 
Committees on Armed Services for the Senate and House of Representatives 
for inclusion in the National Defense Authorization Act for fiscal year 
2023, the number of officers who--
            (1) may be serving on active duty in each of the grades of 
        major, lieutenant colonel, and colonel; and
            (2) may not, as of the end of such fiscal year, exceed a 
        number determined in accordance with section 523(a)(1) of such 
        title.
SEC. 529. >  REPORT ON EXEMPTIONS 
                        AND DEFERMENTS FOR A POSSIBLE MILITARY 
                        DRAFT.

    Not later than 120 days after the date of the enactment of this Act, 
the Director of the Selective Service System, in consultation with the 
Secretary of Defense and the Secretary of Homeland Security, shall 
submit to Congress a report providing a review of exemptions and 
deferments from registration, training, and service under the Military 
Selective Service Act (50 U.S.C. 3801 et seq.).
SEC. 529A. REPORT ON PROCESSES AND PROCEDURES FOR APPEAL OF DENIAL 
                          OF STATUS OR BENEFITS FOR FAILURE TO 
                          REGISTER FOR SELECTIVE SERVICE.

    (a) >  Report Required.--Not later than 180 days 
after the date of the enactment of this Act, the Director of the 
Selective Service System shall submit to the appropriate committees of 
Congress a report setting forth the results of a review of the processes 
and procedures employed by agencies across the Federal Government for 
the appeal by individuals of a denial of status or benefits under 
Federal law for failure to register for selective service under the 
Military Selective Service Act (50 U.S.C. 3801 et seq.).

    (b) Consultation.--The Director of the Selective Service System 
shall carry out this section in consultation with the Secretary of 
Homeland Security, the Secretary of Education, the Director of the 
Office of Personnel Management, and the heads of other appropriate 
Federal agencies.
    (c) Elements.--The report required by subsection (a) shall include 
the following:
            (1) >  A description and assessment of 
        the various appeals processes and procedures described in 
        subsection (a), including--

[[Page 135 STAT. 1691]]

                    (A) a description of such processes and procedures; 
                and
                    (B) >  an assessment of--
                          (i) the adequacy of notice provided for 
                      appeals under such processes and procedures;
                          (ii) the fairness of each such process and 
                      procedure;
                          (iii) the ease of use of each such process and 
                      procedure;
                          (iv) consistency in the application of such 
                      processes and procedures across the Federal 
                      Government; and
                          (v) the applicability of an appeal granted by 
                      one Federal agency under such processes and 
                      procedures to the actions and decisions of another 
                      Federal agency on a similar appeal.
            (2) >  Information on the number of 
        waivers requested, and the number of waivers granted, during the 
        15-year period ending on the date of the enactment of this Act 
        in connection with denial of status or benefits for failure to 
        register for selective service.
            (3) >  An analysis and 
        assessment of the recommendations of the National Commission on 
        Military, National, and Public Service for reforming the rules 
        and policies concerning failure to register for selective 
        service.
            (4) >  Such recommendations for 
        legislative or administrative action as the Director of the 
        Selective Service System, and the consulting officers pursuant 
        to subsection (b), consider appropriate in light of the review 
        conducted pursuant to subsection (a).
            (5) Such other matters in connection with the review 
        conducted pursuant to subsection (a) as the Director considers 
        appropriate.

    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committee of Congress'' means--
            (1) the Committee on Armed Services and the Committee on 
        Homeland Security and Governmental Affairs of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Oversight and Reform of the House of Representatives.
SEC. 529B. STUDY AND REPORT ON ADMINISTRATIVE SEPARATION BOARDS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the use of administrative separation boards within 
the Armed Forces.
    (b) >  Elements.--The study under subsection 
(a) shall evaluate--
            (1) the process each Armed Force uses to convene 
        administrative separation boards, including the process used to 
        select the board president, the recorder, the legal advisor, and 
        board members; and
            (2) the effectiveness of the operations of such boards.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on the results of the study conducted under subsection (a).

[[Page 135 STAT. 1692]]

                   Subtitle D--Military Justice Reform

                      PART 1--SPECIAL TRIAL COUNSEL

SEC. 531. SPECIAL TRIAL COUNSEL.

    (a) In General.--Subchapter V of chapter 47 of title 10, United 
States Code, is amended by inserting after section 824 (article 24 of 
the Uniform Code of Military Justice) the following new section:
``Sec. 824a. >  Art 24a. Special trial 
                      counsel

    ``(a) >  Detail of Special Trial Counsel.--Each 
Secretary concerned shall promulgate regulations for the detail of 
commissioned officers to serve as special trial counsel.

    ``(b) Qualifications.--A special trial counsel shall be a 
commissioned officer who--
            ``(1)(A) is a member of the bar of a Federal court or a 
        member of the bar of the highest court of a State; and
            ``(B) is certified to be qualified, by reason of education, 
        training, experience, and temperament, for duty as a special 
        trial counsel by--
                    ``(i) the Judge Advocate General of the armed force 
                of which the officer is a member; or
                    ``(ii) in the case of the Marine Corps, the Staff 
                Judge Advocate to the Commandant of the Marine Corps; 
                and
            ``(2) in the case of a lead special trial counsel appointed 
        pursuant to section 1044f(a)(2) of this title, is in a grade no 
        lower than O-7.

    ``(c) Duties and Authorities.--
            ``(1) >  In general.--Special trial 
        counsel shall carry out the duties described in this chapter and 
        any other duties prescribed by the Secretary concerned, by 
        regulation.
            ``(2) Determination of covered offense; related charges.--
                    ``(A) Authority.--A special trial counsel shall have 
                exclusive authority to determine if a reported offense 
                is a covered offense and shall exercise authority over 
                any such offense in accordance with this chapter. Any 
                determination to prefer or refer charges shall not act 
                to disqualify the special trial counsel as an accuser.
                    ``(B) Known and related offenses.--If a special 
                trial counsel determines that a reported offense is a 
                covered offense, the special trial counsel may also 
                exercise authority over any offense that the special 
                trial counsel determines to be related to the covered 
                offense and any other offense alleged to have been 
                committed by a person alleged to have committed the 
                covered offense.
            ``(3) Dismissal; referral; plea bargains.--Subject to 
        paragraph (4), with respect to charges and specifications 
        alleging any offense over which a special trial counsel 
        exercises authority, a special trial counsel shall have 
        exclusive authority to, in accordance with this chapter--
                    ``(A) on behalf of the Government, withdraw or 
                dismiss the charges and specifications or make a motion 
                to withdraw or dismiss the charges and specifications;

[[Page 135 STAT. 1693]]

                    ``(B) refer the charges and specifications for trial 
                by a special or general court-martial;
                    ``(C) enter into a plea agreement; and
                    ``(D) >  determine if an 
                ordered rehearing is impracticable.
            ``(4) Binding determination.--The determination of a special 
        trial counsel to refer charges and specifications to a court-
        martial for trial shall be binding on any applicable convening 
        authority for the referral of such charges and specifications.
            ``(5) Deferral to commander or convening authority.--If a 
        special trial counsel exercises authority over an offense and 
        elects not to prefer charges and specifications for such offense 
        or, with respect to charges and specifications for such offense 
        preferred by a person other than a special trial counsel, elects 
        not to refer such charges and specifications, a commander or 
        convening authority may exercise any of the authorities of such 
        commander or convening authority under this chapter with respect 
        to such offense, except that such commander or convening 
        authority may not refer charges and specifications for a covered 
        offense for trial by special or general court-martial.''.

    (b) Table of Sections Amendment.--The table of sections at the 
beginning of subchapter V of chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice), >  is 
amended by inserting after the item relating to section 824 (article 24) 
the following new item:

``824a. Art 24a. Special trial counsel.''.

    (c) >  Report Required.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, each Secretary concerned shall submit 
        to the Committees on Armed Services of the Senate and the House 
        of Representatives a report setting forth the plan of the 
        Secretary for detailing officers to serve as special trial 
        counsel pursuant to section 824a of title 10, United States Code 
        (article 24a of the Uniform Code of Military Justice) (as added 
        by subsection (a) of this section).
            (2) Elements.--Each report under paragraph (1) shall include 
        the following--
                    (A) The plan of the Secretary concerned--
                          (i) for staffing billets for--
                                    (I) special trial counsel who meet 
                                the requirements set forth in section 
                                824a of title 10, United States Code 
                                (article 24a of the Uniform Code of 
                                Military Justice) (as added by 
                                subsection (a) of this section); and
                                    (II) defense counsel for cases 
                                involving covered offenses; and
                          (ii) for supporting and ensuring the 
                      continuing professional development of military 
                      justice practitioners.
                    (B) >  An estimate of the 
                resources needed to implement such section 824a (article 
                24a).
                    (C) An explanation of other staffing required to 
                implement such section 824a (article 24a), including 
                staffing levels required for military judges, military 
                magistrates, military defense attorneys, and paralegals 
                and other support staff.

[[Page 135 STAT. 1694]]

                    (D) A description of how the use of special trial 
                counsel will affect the military justice system as a 
                whole.
                    (E) A description of how the Secretary concerned 
                plans to place appropriate emphasis and value on 
                litigation experience for judge advocates in order to 
                ensure judge advocates are experienced, prepared, and 
                qualified to handle covered offenses, both as special 
                trial counsel and as defense counsel. Such a description 
                shall address promotion considerations and explain how 
                the Secretary concerned plans to instruct promotion 
                boards to value litigation experience.
                    (F) Any additional resources, authorities, or 
                information that each Secretary concerned deems relevant 
                or important to the implementation of the requirements 
                of this title.
            (3) Definitions.--In this subsection--
                    (A) The term ``Secretary concerned'' has the meaning 
                given that term in section 101(a) of title 10, United 
                States Code.
                    (B) The term ``covered offense'' has the meaning 
                given that term in section 801(17) of title 10, United 
                States Code (as added by section 533 of this part).
SEC. 532. POLICIES WITH RESPECT TO SPECIAL TRIAL COUNSEL.

    (a) In General.--Chapter 53 of title 10, United States Code, is 
amended by inserting after section 1044e the following new section:
``Sec. 1044f. >  Policies with respect to 
                    special trial counsel

    ``(a) Policies Required.--The Secretary of Defense shall establish 
policies with respect to the appropriate mechanisms and procedures that 
the Secretaries of the military departments shall establish relating to 
the activities of special trial counsel, including expected milestones 
for such Secretaries to fully implement such mechanisms and procedures. 
The policies shall--
            ``(1) >  provide for the 
        establishment of a dedicated office within each military service 
        from which office the activities of the special trial counsel of 
        the military service concerned shall be supervised and overseen;
            ``(2) >  provide for the appointment of 
        one lead special trial counsel, who shall--
                    ``(A) be a judge advocate of that service in a grade 
                no lower than O-7, with significant experience in 
                military justice;
                    ``(B) be responsible for the overall supervision and 
                oversight of the activities of the special trial counsel 
                of that service; and
                    ``(C) report directly to the Secretary concerned, 
                without intervening authority;
            ``(3) ensure that within each office created pursuant to 
        paragraph (1), the special trial counsel and other personnel 
        assigned or detailed to the office--
                    ``(A) are independent of the military chains of 
                command of both the victims and those accused of covered 
                offenses and any other offenses over which a special 
                trial counsel at any time exercises authority in 
                accordance with section 824a of this title (article 
                24a); and

[[Page 135 STAT. 1695]]

                    ``(B) conduct assigned activities free from unlawful 
                or unauthorized influence or coercion;
            ``(4) provide that special trial counsel shall be well-
        trained, experienced, highly skilled, and competent in handling 
        cases involving covered offenses; and
            ``(5) provide that commanders of the victim and the accused 
        in a case involving a covered offense shall have the opportunity 
        to provide input to the special trial counsel regarding case 
        disposition, but that the input is not binding on the special 
        trial counsel.

    ``(b) Uniformity.--The Secretary of Defense shall ensure that any 
lack of uniformity in the implementation of policies, mechanisms, and 
procedures established under subsection (a) does not render 
unconstitutional any such policy, mechanism, or procedure.
    ``(c) Military Service Defined.--In this section, the term `military 
service' means the Army, Navy, Air Force, Marine Corps, and Space 
Force.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 53 of title 10, United States Code, >  
is amended by inserting after the item relating to section 1044e the 
following new item:

``1044f. Policies with respect to special trial counsel.''.

    (c) >  Quarterly Briefing.--Beginning not later 
than 180 days after the date of the enactment of this Act, and at the 
beginning of each fiscal quarter thereafter until the policies 
established pursuant to section 1044f(a) of title 10, United States Code 
(as added by subsection (a)) and the mechanisms and procedures to which 
they apply are fully implemented and operational, the Secretary of 
Defense and the Secretaries of the military departments shall jointly 
provide to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a briefing 
detailing the actions taken and progress made by the Office of the 
Secretary of Defense and each of the military departments in meeting the 
milestones established as required by such section.
SEC. 533. DEFINITION OF MILITARY MAGISTRATE, COVERED OFFENSE, AND 
                        SPECIAL TRIAL COUNSEL.

    Section 801 of title 10, United States Code (article 1 of the 
Uniform Code of Military Justice), is amended--
            (1) by inserting after paragraph (10) the following new 
        paragraph:
            ``(11) The term `military magistrate' means a commissioned 
        officer certified for duty as a military magistrate in 
        accordance with section 826a of this title (article 26a).''; and
            (2) by adding at the end the following new paragraphs:
            ``(17) The term `covered offense' means--
                    ``(A) an offense under section 917a (article 117a), 
                section 918 (article 118), section 919 (article 119), 
                section 920 (article 120), section 920b (article 120b), 
                section 920c (article 120c), section 925 (article 125), 
                section 928b (article 128b), section 930 (article 130), 
                section 932 (article 132), or the standalone offense of 
                child pornography punishable under section 934 (article 
                134) of this title;
                    ``(B) a conspiracy to commit an offense specified in 
                subparagraph (A) as punishable under section 881 of this 
                title (article 81);

[[Page 135 STAT. 1696]]

                    ``(C) a solicitation to commit an offense specified 
                in subparagraph (A) as punishable under section 882 of 
                this title (article 82); or
                    ``(D) an attempt to commit an offense specified in 
                subparagraph (A), (B), or (C) as punishable under 
                section 880 of this title (article 80).
            ``(18) The term `special trial counsel' means a judge 
        advocate detailed as a special trial counsel in accordance with 
        section 824a of this title (article 24a) and includes a judge 
        advocate appointed as a lead special trial counsel pursuant to 
        section 1044f(a)(2) of this title.''.
SEC. 534. CLARIFICATION RELATING TO WHO MAY CONVENE COURTS-
                        MARTIAL.

    (a) General Courts-martial.--Section 822(b) of title 10, United 
States Code (article 22(b) of the Uniform Code of Military Justice), is 
amended--
            (1) by striking ``If any'' and inserting ``(1) If any''; and
            (2) by adding at the end the following new paragraph:

    ``(2) A commanding officer shall not be considered an accuser solely 
due to the role of the commanding officer in convening a general court-
martial to which charges and specifications were referred by a special 
trial counsel in accordance with this chapter.''.
    (b) Special Courts-martial.--Section 823(b) of title 10, United 
States Code (article 23(b) of the Uniform Code of Military Justice), is 
amended--
            (1) by striking ``If any'' and inserting ``(1) If any''; and
            (2) by adding at the end the following new paragraph:

    ``(2) A commanding officer shall not be considered an accuser solely 
due to the role of the commanding officer in convening a special court-
martial to which charges and specifications were referred by a special 
trial counsel in accordance with this chapter.''.
SEC. 535. DETAIL OF TRIAL COUNSEL.

    Section 827 of title 10, United States Code (article 27 of the 
Uniform Code of Military Justice), is amended by adding at the end the 
following new subsection:
    ``(e) For each general and special court-martial for which charges 
and specifications were referred by a special trial counsel--
            ``(1) a special trial counsel shall be detailed as trial 
        counsel; and
            ``(2) a special trial counsel may detail other trial counsel 
        as necessary who are judge advocates.''.
SEC. 536. PRELIMINARY HEARING.

    (a) Detail of Hearing Officer; Waiver.--Subsection (a)(1) of section 
832 of title 10, United States Code (article 32 of the Uniform Code of 
Military Justice), is amended--
            (1) in subparagraph (A), by striking ``hearing officer'' and 
        all that follows through the period at the end and inserting 
        ``hearing officer detailed in accordance with subparagraph 
        (C).'';
            (2) >  in subparagraph (B), by 
        striking ``written waiver'' and all that follows through the 
        period at the end and inserting the following: ``written waiver 
        to--
                    ``(i) except as provided in clause (ii), the 
                convening authority and the convening authority 
                determines that a hearing is not required; and

[[Page 135 STAT. 1697]]

                    ``(ii) with respect to charges and specifications 
                over which the special trial counsel is exercising 
                authority in accordance with section 824a of this title 
                (article 24a), the special trial counsel and the special 
                trial counsel determines that a hearing is not 
                required.''; and
            (3) by adding at the end the following new subparagraph:
            ``(C)(i) Except as provided in clause (ii), the convening 
        authority shall detail a hearing officer.
            ``(ii) If a special trial counsel is exercising authority 
        over the charges and specifications subject to a preliminary 
        hearing under this section (article), the special trial counsel 
        shall request a hearing officer and a hearing officer shall be 
        provided by the convening authority, in accordance with 
        regulations prescribed by the President.''.

    (b) Report of Preliminary Hearing Officer.--Subsection (c) of such 
section is amended--
            (1) in the heading, by inserting ``or Special Trial 
        Counsel'' after ``Convening Authority''; and
            (2) in the matter preceding paragraph (1) by striking ``to 
        the convening authority'' and inserting ``to the convening 
        authority or, in the case of a preliminary hearing in which the 
        hearing officer is provided at the request of a special trial 
        counsel to the special trial counsel,''.
SEC. 537. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR TRIAL.

    Section 834 of title 10, United States Code (article 34 of the 
Uniform Code of Military Justice), is amended--
            (1) in subsection (a)(1), by striking ``Before referral'' 
        and inserting ``Subject to subsection (c), before referral''
            (2) in subsection (b), by striking ``Before referral'' and 
        inserting ``Subject to subsection (c), before referral'';
            (3) by redesignating subsections (c) and (d) as subsections 
        (d) and (e) respectively;
            (4) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Covered Offenses.--A referral to a general or special court-
martial for trial of charges and specifications over which a special 
trial counsel exercises authority may only be made--
            ``(1) >  by a special trial counsel, 
        subject to a special trial counsel's written determination 
        accompanying the referral that--
                    ``(A) each specification under a charge alleges an 
                offense under this chapter;
                    ``(B) there is probable cause to believe that the 
                accused committed the offense charged; and
                    ``(C) a court-martial would have jurisdiction over 
                the accused and the offense; or
            ``(2) in the case of charges and specifications that do not 
        allege a covered offense and as to which a special trial counsel 
        declines to prefer or, in the case of charges and specifications 
        preferred by a person other than a special trial counsel, refer 
        charges, by the convening authority in accordance with this 
        section.''; and
            (5) in subsection (e), as so redesignated, by inserting 
        ``or, with respect to charges and specifications over which a 
        special trial counsel exercises authority in accordance with 
        section

[[Page 135 STAT. 1698]]

        824a of this title (article 24a), a special trial counsel,'' 
        after ``convening authority''.
SEC. 538. FORMER JEOPARDY.

    Section 844(c) of title 10, United States Code (article 44(c) of the 
Uniform Code of Military Justice), is amended by inserting ``or the 
special trial counsel'' after ``the convening authority'' each place it 
appears.
SEC. 539. PLEA AGREEMENTS.

    (a) Authority to Enter Into Agreements.--Subsection (a) of section 
853a of title 10, United States Code (article 53a of the Uniform Code of 
Military Justice), is amended--
            (1) in paragraph (1), by striking ``At any time'' and 
        inserting ``Subject to paragraph (3), at any time''; and
            (2) by adding at the end the following new paragraph:

    ``(3) With respect to charges and specifications over which a 
special trial counsel exercises authority pursuant to section 824a of 
this title (article 24a), a plea agreement under this section may only 
be entered into between a special trial counsel and the accused. Such 
agreement shall be subject to the same limitations and conditions 
applicable to other plea agreements under this section (article).''.
    (b) Binding Effect.--Subsection (d) of such section (article) is 
amended by inserting after ``parties'' the following: ``(including the 
convening authority and the special trial counsel in the case of a plea 
agreement entered into under subsection (a)(3))''.
SEC. 539A. DETERMINATIONS OF IMPRACTICABILITY OF REHEARING.

    (a) Transmittal and Review of Records.--Section 865(e)(3)(B) of 
title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of 
Military Justice), is amended--
            (1) by striking ``impractical.--If the Judge Advocate 
        General'' and inserting the following: ``impracticable.--''
                    ``(i) In general.--Subject to clause (ii), if the 
                Judge Advocate General'';
            (2) by striking ``impractical'' and inserting 
        ``impracticable''; and
            (3) by adding at the end the following new clause:
                    ``(ii) Cases referred by special trial counsel .--If 
                a case was referred to trial by a special trial counsel, 
                a special trial counsel shall determine if a rehearing 
                is impracticable and shall dismiss the charges if the 
                special trial counsel so determines.''.

    (b) Courts of Criminal Appeals.--Section 866(f)(1)(C) of title 10, 
United States Code (article 66(f)(1)(C) of the Uniform Code of Military 
Justice), is amended--
            (1) by striking ``impracticable.--If the Court of Criminal 
        Appeals'' and inserting the following: ``Impracticable.--
                    ``(i) In general.--Subject to clause (ii), if the 
                Court of Criminal Appeals''; and
            (2) by adding at the end the following new clause:
                    ``(ii) Cases referred by special trial counsel.--If 
                a case was referred to trial by a special trial counsel, 
                a special trial counsel shall determine if a rehearing 
                is impracticable and shall dismiss the charges if the 
                special trial counsel so determines.''.

[[Page 135 STAT. 1699]]

    (c) Review by the Court of Appeals for the Armed Forces.--Section 
867(e) of title 10, United States Code (article 67(e) of the Uniform 
Code of Military Justice), is amended by adding at the end the following 
new sentence: ``Notwithstanding the preceding sentence, if a case was 
referred to trial by a special trial counsel, a special trial counsel 
shall determine if a rehearing is impracticable and shall dismiss the 
charges if the special trial counsel so determines.''.
    (d) Review by Judge Advocate General.--Section 869(c)(1)(D) of title 
10, Untied States Code (article 69(c)(1)(D) of the Uniform Code of 
Military Justice), is amended--
            (1) by striking ``If the Judge Advocate General'' and 
        inserting ``(i) Subject to clause (ii), if the Judge Advocate 
        General'';
            (2) by striking ``impractical'' and inserting 
        ``impracticable''; and
            (3) by adding at the end the following new clause:

    ``(ii) If a case was referred to trial by a special trial counsel, a 
special trial counsel shall determine if a rehearing is impracticable 
and shall dismiss the charges if the special trial counsel so 
determines.''.
SEC. 539B. >  
                          APPLICABILITY TO THE UNITED STATES COAST 
                          GUARD.

    The Secretary of Defense shall consult and enter into an agreement 
with the Secretary of Homeland Security to apply the provisions of this 
part and the amendments made by this part, and the policies, mechanisms, 
and processes established pursuant to such provisions, to the United 
States Coast Guard when it is operating as a service in the Department 
of Homeland Security.
SEC. 539C. >  EFFECTIVE DATE.

    (a) >  In General.--Except as provided in 
subsection (b), the amendments made by this part shall take effect on 
the date that is two years after the date of the enactment of this Act 
and shall apply with respect to offenses that occur after that date.

    (b) Regulations.--
            (1) >  Requirement.--The 
        President shall prescribe regulations to carry out this part not 
        later than two years after the date of the enactment of this 
        Act.
            (2) >  Impact of delay of issuance.--
        If the President does not prescribe the regulations necessary to 
        carry out this part before the date that is two years after the 
        date of the enactment of this Act, the amendments made by this 
        part shall take effect on the date on which such regulations are 
        prescribed and shall apply with respect to offenses that occur 
        on or after that date.

              PART 2--SEXUAL HARASSMENT; SENTENCING REFORM

SEC. 539D. >  INCLUSION OF SEXUAL 
                          HARASSMENT AS GENERAL PUNITIVE ARTICLE.

    (a) >  In General.--Not later than 30 
days after the date of the enactment of this Act, the President shall--
            (1) >  prescribe regulations 
        establishing sexual harassment, as described in this section, as 
        an offense punishable under

[[Page 135 STAT. 1700]]

        section 934 of title 10, United States Code (article 134 of the 
        Uniform Code of Military Justice); and
            (2) >  revise the Manual for Courts-
        Martial to include such offense.

    (b) Elements of Offense.--The regulations and the revisions to the 
Manual for Courts-Martial required under subsection (a) shall provide 
that the required elements constituting the offense of sexual harassment 
are--
            (1) that the accused knowingly made sexual advances, demands 
        or requests for sexual favors, or knowingly engaged in other 
        conduct of a sexual nature;
            (2) that such conduct was unwelcome;
            (3) that, under the circumstances, such conduct--
                    (A) would cause a reasonable person to believe, and 
                a certain person did believe, that submission to such 
                conduct would be made, either explicitly or implicitly, 
                a term or condition of that person's job, pay, career, 
                benefits, or entitlements;
                    (B) would cause a reasonable person to believe, and 
                a certain person did believe, that submission to, or 
                rejection of, such conduct would be used as a basis for 
                decisions affecting that person's job, pay, career, 
                benefits, or entitlements; or
                    (C) was so severe, repetitive, or pervasive that a 
                reasonable person would perceive, and a certain person 
                did perceive, an intimidating, hostile, or offensive 
                working environment; and
            (4) that, under the circumstances, the conduct of the 
        accused was--
                    (A) to the prejudice of good order and discipline in 
                the armed forces;
                    (B) of a nature to bring discredit upon the armed 
                forces; or
                    (C) to the prejudice of good order and discipline in 
                the armed forces and of a nature to bring discredit upon 
                the armed forces.
SEC. 539E. SENTENCING REFORM.

    (a) Article 53; Findings and Sentencing.--Section 853 of title 10, 
United States Code (article 53 of the Uniform Code of Military Justice), 
is amended--
            (1) in subsection (b), by amending paragraph (1) to read as 
        follows:
            ``(1) General and special courts-martial.--Except as 
        provided in subsection (c) for capital offenses, if the accused 
        is convicted of an offense in a trial by general or special 
        court-martial, the military judge shall sentence the accused. 
        The sentence determined by the military judge constitutes the 
        sentence of the court-martial.''; and
            (2) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--In a capital case, if the accused is 
        convicted of an offense for which the court-martial may sentence 
        the accused to death--
                    ``(A) >  the members shall 
                determine--

[[Page 135 STAT. 1701]]

                          ``(i) whether the sentence for that offense 
                      shall be death or life in prison without 
                      eligibility for parole; or
                          ``(ii) whether the matter shall be returned to 
                      the military judge for determination of a lesser 
                      punishment; and
                    ``(B) the military judge shall sentence the accused 
                for that offense in accordance with the determination of 
                the members under subparagraph (A).''; and
                    (B) in paragraph (2), by striking ``the court-
                martial'' and inserting ``the military judge''.

    (b) Article 53a; Plea Agreements.--Section 853a of title 10, United 
States Code (article 53a of the Uniform Code of Military Justice), as 
amended by section 539 of this Act, is further amended--
            (1) by redesignating subsections (b), (c), and (d), as 
        subsections (c), (d), and (e), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection:

    ``(b) >  Acceptance of Plea Agreement.--
Subject to subsection (c), the military judge of a general or special 
court-martial shall accept a plea agreement submitted by the parties, 
except that--
            ``(1) in the case of an offense with a sentencing parameter 
        set forth in regulations prescribed by the President pursuant to 
        section 539E(e) of the National Defense Authorization Act for 
        Fiscal Year 2022, the military judge may reject a plea agreement 
        that proposes a sentence that is outside the sentencing 
        parameter if the military judge determines that the proposed 
        sentence is plainly unreasonable; and
            ``(2) in the case of an offense for which the President has 
        not established a sentencing parameter pursuant to section 
        539E(e) of the National Defense Authorization Act for Fiscal 
        Year 2022, the military judge may reject a plea agreement that 
        proposes a sentence if the military judge determines that the 
        proposed sentence is plainly unreasonable.''.

    (c) Article 56; Sentencing.--Section 856 of title 10, United States 
Code (article 56 of the Uniform Code of Military Justice), is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (C)(vii), by striking 
                      ``and'' at the end;
                          (ii) in subparagraph (D), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following new 
                      subparagraph:
                    ``(E) the applicable sentencing parameters or 
                sentencing criteria set forth in regulations prescribed 
                by the President pursuant to section 539E(e) of the 
                National Defense Authorization Act for Fiscal Year 
                2022.''; and
                    (B) by striking paragraphs (2) through (4) and 
                inserting the following new paragraphs:
            ``(2) Application of sentencing parameters in general and 
        special courts-martial.--

[[Page 135 STAT. 1702]]

                    ``(A) Requirement to sentence within parameters.--
                Except as provided in subparagraph (B), in a general or 
                special court-martial in which the accused is convicted 
                of an offense for which the President has established a 
                sentencing parameter pursuant to section 539E(e) of the 
                National Defense Authorization Act for Fiscal Year 2022, 
                the military judge shall sentence the accused for that 
                offense within the applicable parameter.
                    ``(B) Exception.--The military judge may impose a 
                sentence outside a sentencing parameter upon finding 
                specific facts that warrant such a 
                sentence. > If the military judge 
                imposes a sentence outside a sentencing parameter under 
                this subparagraph, the military judge shall include in 
                the record a written statement of the factual basis for 
                the sentence.
            ``(3) Use of sentencing criteria in general and special 
        courts-martial.--In a general or special court-martial in which 
        the accused is convicted of an offense for which the President 
        has established sentencing criteria pursuant to section 539E(e) 
        of the National Defense Authorization Act for Fiscal Year 2022, 
        the military judge shall consider the applicable sentencing 
        criteria in determining the sentence for that offense.
            ``(4) Offense-based sentencing in general and special 
        courts-martial.--In announcing the sentence under section 853 of 
        this title (article 53) in a general or special court-martial, 
        the military judge shall, with respect to each offense of which 
        the accused is found guilty, specify the term of confinement, if 
        any, and the amount of the fine, if any. If the accused is 
        sentenced to confinement for more than one offense, the military 
        judge shall specify whether the terms of confinement are to run 
        consecutively or concurrently.
            ``(5) Inapplicability to death penalty.--Sentencing 
        parameters and sentencing criteria shall not apply to a 
        determination of whether an offense should be punished by death.
            ``(6) Sentence of confinement for life without eligibility 
        for parole.--
                    ``(A) In general.--If an offense is subject to a 
                sentence of confinement for life, a court-martial may 
                impose a sentence of confinement for life without 
                eligibility for parole.
                    ``(B) Term of confinement.--An accused who is 
                sentenced to confinement for life without eligibility 
                for parole shall be confined for the remainder of the 
                accused's life unless--
                          ``(i) the sentence is set aside or otherwise 
                      modified as a result of--
                                    ``(I) action taken by the convening 
                                authority or the Secretary concerned; or
                                    ``(II) any other action taken during 
                                post-trial procedure or review under any 
                                other provision of subchapter IX of this 
                                chapter;
                          ``(ii) the sentence is set aside or otherwise 
                      modified as a result of action taken by a court of 
                      competent jurisdiction; or
                          ``(iii) the accused receives a pardon or 
                      another form of Executive clemency.''; and
            (4) in subsection (d)(1)--

[[Page 135 STAT. 1703]]

                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) in the case of a sentence for an offense for 
                which the President has established a sentencing 
                parameter pursuant to section 539E(e) of the National 
                Defense Authorization Act for Fiscal Year 2022, the 
                sentence is a result of an incorrect application of the 
                parameter; or''; and
                    (D) in subparagraph (C), as redesignated by 
                subparagraph (B) of this paragraph, by striking ``, as 
                determined in accordance with standards and procedures 
                prescribed by the President''.

    (d) Article 66; Courts of Criminal Appeals.--Section 866 of title 
10, United States Code (article 66 of the Uniform Code of Military 
Justice), as amended by section 539A of this Act, is further amended--
            (1) in subsection (d)(1)(A), by striking the third sentence; 
        and
            (2) by amending subsection (e) to read as follows:

    ``(e) Consideration of Sentence.--
            ``(1) In general.--In considering a sentence on appeal, 
        other than as provided in section 856(d) of this title (article 
        56(d)), the Court of Criminal Appeals may consider--
                    ``(A) whether the sentence violates the law;
                    ``(B) whether the sentence is inappropriately 
                severe--
                          ``(i) if the sentence is for an offense for 
                      which the President has not established a 
                      sentencing parameter pursuant to section 539E(e) 
                      of the National Defense Authorization Act for 
                      Fiscal Year 2022; or
                          ``(ii) in the case of an offense for which the 
                      President has established a sentencing parameter 
                      pursuant to section 539E(e) of the National 
                      Defense Authorization Act for Fiscal Year 2022, if 
                      the sentence is above the upper range of such 
                      sentencing parameter;
                    ``(C) in the case of a sentence for an offense for 
                which the President has established a sentencing 
                parameter pursuant to section 539E(e) of the National 
                Defense Authorization Act for Fiscal Year 2022, whether 
                the sentence is a result of an incorrect application of 
                the parameter;
                    ``(D) whether the sentence is plainly unreasonable; 
                and
                    ``(E) >  in review of a sentence to 
                death or to life in prison without eligibility for 
                parole determined by the members in a capital case under 
                section 853(c) of this title (article 53(c)), whether 
                the sentence is otherwise appropriate, under rules 
                prescribed by the President.
            ``(2) Record on appeal.--In an appeal under this subsection 
        or section 856(d) of this title (article 56(d)), other than 
        review under subsection (b)(2) of this section, the record on 
        appeal shall consist of--
                    ``(A) any portion of the record in the case that is 
                designated as pertinent by any party;
                    ``(B) the information submitted during the 
                sentencing proceeding; and

[[Page 135 STAT. 1704]]

                    ``(C) any information required by rule or order of 
                the Court of Criminal Appeals.''.

    (e) >  Establishment of Sentencing 
Parameters and Sentencing Criteria.--
            (1) >  In 
        general.--Not later than two years after the date of the 
        enactment of this Act, the President shall prescribe regulations 
        establishing sentencing parameters and sentencing criteria 
        related to offenses under chapter 47 of title 10, United States 
        Code (the Uniform Code of Military Justice), in accordance with 
        this subsection. Such parameters and criteria--
                    (A) shall cover sentences of confinement; and
                    (B) >  may cover lesser 
                punishments, as the President determines appropriate.
            (2) Sentencing parameters.--Sentencing parameters 
        established under paragraph (1) shall--
                    (A) identify a delineated sentencing range for an 
                offense that is appropriate for a typical violation of 
                the offense, taking into consideration--
                          (i) the severity of the offense;
                          (ii) the guideline or offense category that 
                      would apply to the offense if the offense were 
                      tried in a United States district court;
                          (iii) any military-specific sentencing 
                      factors;
                          (iv) the need for the sentencing parameter to 
                      be sufficiently broad to allow for individualized 
                      consideration of the offense and the accused; and
                          (v) any other relevant sentencing guideline.
                    (B) include no fewer than 5 and no more than 12 
                offense categories;
                    (C) assign such offense under this chapter to an 
                offense category unless the offense is identified as 
                unsuitable for sentencing parameters under paragraph 
                (4)(F)(ii); and
                    (D) delineate the confinement range for each offense 
                category by setting an upper confinement limit and a 
                lower confinement limit.
            (3) Sentencing criteria.--Sentencing criteria established 
        under paragraph (1) shall identify offense-specific factors the 
        military judge should consider and any collateral effects of 
        available punishments that may aid the military judge in 
        determining an appropriate sentence when there is no applicable 
        sentencing parameter for a specific offense.
            (4) >  Military sentencing parameters 
        and criteria board.--
                    (A) >  In general.--There is 
                established within the Department of Defense a board, to 
                be known as the ``Military Sentencing Parameters and 
                Criteria Board'' (referred to in this subsection as the 
                ``Board'').
                    (B) Voting members.--The Board shall have 5 voting 
                members, as follows:
                          (i) The 4 chief trial judges designated under 
                      section 826(g) of title 10, United States Code 
                      (article 26(g) of the Uniform Code of Military 
                      Justice), except that, if the chief trial judge of 
                      the Coast Guard is not available, the Judge 
                      Advocate General of the Coast Guard may designate 
                      as a voting member a judge advocate of the Coast 
                      Guard with substantial military justice 
                      experience.

[[Page 135 STAT. 1705]]

                          (ii) A trial judge of the Navy, designated 
                      under regulations prescribed by the President, if 
                      the chief trial judges designated under section 
                      826(g) of title 10, United States Code (article 
                      26(g) of the Uniform Code of Military Justice), do 
                      not include a trial judge of the Navy.
                          (iii) A trial judge of the Marine Corps, 
                      designated under regulations prescribed by the 
                      President, if the chief trial judges designated 
                      under section 826(g) of title 10, United States 
                      Code (article 26(g) of the Uniform Code of 
                      Military Justice), do not include a trial judge of 
                      the Marine Corps.
                    (C) Nonvoting members.--The Chief Judge of the Court 
                of Appeals for the Armed Forces, the Chairman of the 
                Joint Chiefs of Staff, and the General Counsel of the 
                Department of Defense shall each designate one nonvoting 
                member of the Board. >  The 
                Secretary of Defense may appoint one additional 
                nonvoting member of the Board at the Secretary's 
                discretion.
                    (D) Chair and vice-chair.--The Secretary of Defense 
                shall designate one voting member as chair of the Board 
                and one voting member as vice-chair.
                    (E) Voting requirement.--An affirmative vote of at 
                least three members is required for any action of the 
                Board under this subsection.
                    (F) Duties of board.--The Board shall have the 
                following duties:
                          (i) As directed by the Secretary of Defense, 
                      the Board shall submit to the President for 
                      approval--
                                    (I) sentencing parameters for all 
                                offenses under chapter 47 of title 10, 
                                United States Code (the Uniform Code of 
                                Military Justice) (other than offenses 
                                that the Board identifies as unsuitable 
                                for sentencing parameters in accordance 
                                with clause (ii)); and
                                    (II) sentencing criteria to be used 
                                by military judges in determining 
                                appropriate sentences for offenses that 
                                are identified as unsuitable for 
                                sentencing parameters in accordance with 
                                clause (ii).
                          (ii) Identify each offense under chapter 47 of 
                      title 10, United States Code (the Uniform Code of 
                      Military Justice), that is unsuitable for 
                      sentencing parameters. The Board shall identify an 
                      offense as unsuitable for sentencing parameters 
                      if--
                                    (I) the nature of the offense is 
                                indeterminate and unsuitable for 
                                categorization; and
                                    (II) there is no similar criminal 
                                offense under the laws of the United 
                                States or the laws of the District of 
                                Columbia.
                          (iii) In developing sentencing parameters and 
                      criteria, the Board shall consider the sentencing 
                      data collected by the Military Justice Review 
                      Panel pursuant to section 946(f)(2) of title 10, 
                      United States Code (article 146(f)(2) of the 
                      Uniform Code of Military Justice).
                          (iv) In addition to establishing parameters 
                      for sentences of confinement under clause (i)(I), 
                      the Board

[[Page 135 STAT. 1706]]

                      shall consider the appropriateness of establishing 
                      sentencing parameters for punitive discharges, 
                      fines, reductions, forfeitures, and other lesser 
                      punishments authorized under chapter 47 of title 
                      10, United States Code (the Uniform Code of 
                      Military Justice).
                          (v) The Board shall regularly--
                                    (I) >  
                                review, and propose revision to, in 
                                consideration of comments and data 
                                coming to the Board's attention, the 
                                sentencing parameters and sentencing 
                                criteria prescribed under paragraph (1); 
                                and
                                    
                                (II) >  
                                submit to the President, through the 
                                Secretary of Defense, proposed 
                                amendments to the sentencing parameters 
                                and sentencing criteria, together with 
                                statements explaining the basis for the 
                                proposed amendments.
                          (vi) The Board shall develop means of 
                      measuring the degree to which applicable 
                      sentencing, penal, and correctional practices are 
                      effective with respect to the sentencing factors 
                      and policies set forth in this section.
                          (vii) >  In fulfilling 
                      its duties and in exercising its powers, the Board 
                      shall consult authorities on, and individual and 
                      institutional representatives of, various aspects 
                      of the military criminal justice system. The Board 
                      may establish separate advisory groups consisting 
                      of individuals with current or recent experience 
                      in command and in senior enlisted positions, 
                      individuals with experience in the trial of 
                      courts-martial, and such other groups as the Board 
                      deems appropriate.
                          (viii) >  The 
                      Board shall submit to the President, through the 
                      Secretary of Defense, proposed amendments to the 
                      rules for courts-martial with respect to 
                      sentencing proceedings and maximum punishments, 
                      together with statements explaining the basis for 
                      the proposed amendments.

    (f) >  Effective Date.--The 
amendments made by this section shall take effect on the date that is 
two years after the date of the enactment of this Act and shall apply to 
sentences adjudged in cases in which all findings of guilty are for 
offenses that occurred after the date that is two years after the date 
of the enactment of this Act.

    (g) Repeal of Secretarial Guidelines on Sentences for Offenses 
Committed Under the Uniform Code of Military Justice.--Section 537 of 
the National Defense Authorization Act for Fiscal Year 2020 (Public Law 
116-92; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed.

                    PART 3--REPORTS AND OTHER MATTERS

SEC. 539F. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR 
                          IMPLEMENTATION.

    (a) Briefing and Report Required.--
            (1) >  Briefing.--Not later than March 1, 
        2022, each Secretary concerned shall provide to the appropriate 
        congressional committees a briefing that details the resourcing 
        necessary to implement this subtitle and the amendments made by 
        this subtitle.

[[Page 135 STAT. 1707]]

            (2) Report.--On a date occurring after the briefing under 
        paragraph (1), but not later than one year after the date of the 
        enactment of this Act, each Secretary concerned shall submit to 
        the appropriate congressional committees a report that details 
        the resourcing necessary to implement this subtitle and the 
        amendments made by this subtitle.
            (3) Form of briefing and report.--Each Secretary concerned 
        may provide the briefing and report required under paragraphs 
        (1) and (2) jointly, or separately, as determined appropriate by 
        such Secretaries

    (b) Elements.--The briefing and report required under subsection (a) 
shall address the following:
            (1) The number of additional personnel and personnel 
        authorizations (military and civilian) required by the Armed 
        Forces to implement and execute the provisions of this subtitle 
        and the amendments made by this subtitle by the effective date 
        specified in section 539C.
            (2) The basis for the number provided pursuant to paragraph 
        (1), including the following:
                    (A) A description of the organizational structure in 
                which such personnel or groups of personnel are or will 
                be aligned.
                    (B) The nature of the duties and functions to be 
                performed by any such personnel or groups of personnel 
                across the domains of policy-making, execution, 
                assessment, and oversight.
                    (C) The optimum caseload goal assigned to the 
                following categories of personnel who are or will 
                participate in the military justice process: criminal 
                investigators of different levels and expertise, 
                laboratory personnel, defense counsel, special trial 
                counsel, military defense counsel, military judges, and 
                military magistrates.
                    (D) Any required increase in the number of personnel 
                currently authorized in law to be assigned to the Armed 
                Force concerned.
            (3) The nature and scope of any contract required by the 
        Armed Force concerned to implement and execute the provisions of 
        this subtitle and the amendments made by this subtitle by the 
        effective date specified in section 539C.
            (4) The amount and types of additional funding required by 
        the Armed Force concerned to implement the provisions of this 
        subtitle and the amendments made by this subtitle by the 
        effective date specified in section 539C.
            (5) Any additional authorities required to implement the 
        provisions of this subtitle and the amendments made by this 
        subtitle by the effective date specified in section 539C.
            (6) >  Any additional information the 
        Secretary concerned determines is necessary to ensure the 
        manning, equipping, and resourcing of the Armed Forces to 
        implement and execute the provisions of this subtitle and the 
        amendments made by this subtitle.

    (c) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and

[[Page 135 STAT. 1708]]

                    (B) the Committee on Armed Services and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.
            (2) The term ``Secretary concerned'' has the meaning given 
        that term in section 101(a) of title 10, United States Code.
SEC. 539G. BRIEFING ON IMPLEMENTATION OF CERTAIN RECOMMENDATIONS 
                          OF THE INDEPENDENT REVIEW COMMISSION ON 
                          SEXUAL ASSAULT IN THE MILITARY.

    (a) >  Briefing Required.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall provide to the Committees on Armed Services of the Senate and the 
House of Representatives a briefing on the status of the implementation 
of the recommendations set forth in the report of the Independent Review 
Commission on Sexual Assault in the Military titled ``Hard Truths and 
the Duty to Change: Recommendations from the Independent Review 
Commission on Sexual Assault in the Military'', and dated July 2, 2021.

    (b) Elements.--The briefing under subsection (a) shall address the 
following:
            (1) The status of the implementation of each recommendation, 
        including--
                    (A) whether, how, and to what extent the 
                recommendation has been implemented; and
                    (B) any rules, regulations, policies, or other 
                guidance that have been issued, revised, changed, or 
                cancelled as a result of the implementation of the 
                recommendation.
            (2) >  For each recommendation that has not 
        been fully implemented or superseded by statute as of the date 
        of the briefing, a description of any plan for the 
        implementation of the recommendation, including identification 
        of--
                    (A) intermediate actions, milestone dates, and any 
                expected completion date for implementation of the 
                recommendation; and
                    (B) any rules, regulations, policies, or other 
                guidance that are expected to be issued, revised, 
                changed, or cancelled as a result of the implementation 
                of the recommendation.

          Subtitle E--Other Military Justice and Legal Matters

SEC. 541. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE UNIFORM 
                        CODE OF MILITARY JUSTICE.

    Section 806b(a) of title 10, United States Code (article 6b(a) of 
the Uniform Code of Military Justice), is amended--
            (1) by redesignating paragraph (8) as paragraph (9); and
            (2) by inserting after paragraph (7) the following new 
        paragraph:
            ``(8) The right to be informed in a timely manner of any 
        plea agreement, separation-in-lieu-of-trial agreement, or non-
        prosecution agreement relating to the offense, unless providing 
        such information would jeopardize a law enforcement proceeding 
        or would violate the privacy concerns of an individual other 
        than the accused.''.

[[Page 135 STAT. 1709]]

SEC. 542. CONDUCT UNBECOMING AN OFFICER.

    (a) In General.--Section 933 of title 10, United States Code 
(article 133 of the Uniform Code of Military Justice) is amended--
            (1) in the section heading, by striking ``and a gentleman''; 
        and
            (2) by striking ``and a gentleman''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter X of chapter 47 of such title >  is 
amended by striking the item relating to section 933 (article 133) and 
inserting the following new item:

``933. 133. Conduct unbecoming an officer.''.

SEC. 543. INDEPENDENT INVESTIGATION OF COMPLAINTS OF SEXUAL 
                        HARASSMENT.

    (a) In General.--Section 1561 of title 10, United States Code, is 
amended to read as follows:
``Sec. 1561. Complaints of sexual harassment: independent 
                  investigation

    ``(a) Action on Complaints Alleging Sexual Harassment.--A commanding 
officer or officer in charge of a unit, vessel, facility, or area of the 
Army, Navy, Air Force, Marine Corps, or Space Force who receives from a 
member of the command or a civilian employee under the supervision of 
the officer a formal complaint alleging a claim of sexual harassment by 
a member of the armed forces or a civilian employee of the Department of 
Defense shall, to the extent practicable, direct that an independent 
investigation of the matter be carried out in accordance with this 
section.
    ``(b) >  Commencement of Investigation.--To the 
extent practicable, a commanding officer or officer in charge receiving 
such a formal complaint shall forward such complaint to an independent 
investigator within 72 hours after receipt of the complaint, and shall 
further--
            ``(1) forward the formal complaint or a detailed description 
        of the allegation to the next superior officer in the chain of 
        command who is authorized to convene a general court-martial; 
        and
            ``(2) advise the complainant of the commencement of the 
        investigation.

    ``(c) >  Duration of Investigation.--To the extent 
practicable, a commanding officer or officer in charge shall ensure that 
an independent investigator receiving a formal complaint of sexual 
harassment under this section completes the investigation of the 
complaint not later than 14 days after the date on which the 
investigation is commenced, and that the findings of the investigation 
are forwarded to the commanding officer or officer in charge specified 
in subsection (a) for action as appropriate.

    ``(d) Report on Investigation.--To the extent practicable, a 
commanding officer or officer in charge shall--
            ``(1) submit a final report on the results of the 
        independent investigation, including any action taken as a 
        result of the investigation, to the next superior officer 
        referred to in subsection (b)(1) within 20 days after the date 
        on which the investigation is commenced; or
            ``(2) >  submit a report on the 
        progress made in completing the investigation to the next 
        superior officer referred to in subsection (b)(1) within 20 days 
        after the date on which the

[[Page 135 STAT. 1710]]

        investigation is commenced and every 14 days thereafter until 
        the investigation is completed and, upon completion of the 
        investigation, then submit a final report on the results of the 
        investigation, including any action taken as a result of the 
        investigation, to that next superior officer.

    ``(e) Sexual Harassment Defined.--In this section, the term `sexual 
harassment' means conduct that constitutes the offense of sexual 
harassment as punishable under section 934 of this title (article 134) 
pursuant to the regulations prescribed by the Secretary of Defense for 
purposes of such section (article).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 80 of title 10, United States Code, >  
is amended by striking the item relating to section 1561 and inserting 
the following new item:

``1561. Complaints of sexual harassment: independent investigation.''.

    (c) >  Effective Date.--The amendments 
made by subsections (a) and (b) shall--
            (1) take effect on the date that is two years after the date 
        of the enactment of this Act; and
            (2) >  apply to any investigation of 
        a formal complaint of sexual harassment (as defined in section 
        1561 of title 10, United States Code, as amended by subsection 
        (a)) made on or after that date.

    (d) >  Regulations.--Not later 
than 18 months after the date of the enactment of this Act the Secretary 
of Defense shall prescribe regulations providing for the implementation 
of section 1561 of title 10, United States Code, as amended by 
subsection (a).

    (e) Report on Implementation.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives a report on the preparation of the Secretary to 
implement section 1561 of title 10, United States Code, as amended by 
subsection (a).
SEC. 544. DEPARTMENT OF DEFENSE TRACKING OF ALLEGATIONS OF 
                        RETALIATION BY VICTIMS OF SEXUAL ASSAULT 
                        OR SEXUAL HARASSMENT AND RELATED PERSONS.

    (a) In General.--Chapter 80 of title 10, United States Code, is 
amended by inserting after section 1562 the following new section:
``Sec. 1562a. >  Complaints of retaliation 
                    by victims of sexual assault or sexual 
                    harassment and related persons: tracking by 
                    Department of Defense

    ``(a) Designation of Responsible Component.--The Secretary of 
Defense shall designate a component of the Office of the Secretary of 
Defense to be responsible for documenting and tracking all covered 
allegations of retaliation and shall ensure that the Secretaries 
concerned and the Inspector General of the Department of Defense provide 
to such component the information required to be documented and tracked 
as described in subsection (b).
    ``(b) Tracking of Allegations.--The head of the component designated 
by the Secretary under subsection (a) shall document and track each 
covered allegation of retaliation, including--
            ``(1) that such an allegation has been reported and by whom;
            ``(2) the date of the report;

[[Page 135 STAT. 1711]]

            ``(3) the nature of the allegation and the name of the 
        person or persons alleged to have engaged in such retaliation;
            ``(4) the Department of Defense component or other entity 
        responsible for the investigation of or inquiry into the 
        allegation;
            ``(5) the entry of findings;
            ``(6) referral of such findings to a decisionmaker for 
        review and action, as appropriate;
            ``(7) the outcome of final action; and
            ``(8) any other element of information pertaining to the 
        allegation determined appropriate by the Secretary or the head 
        of the component designated by the Secretary.

    ``(c) Covered Allegation of Retaliation Defined.--In this section, 
the term `covered allegation of retaliation' means an allegation of 
retaliation--
            ``(1) made by--
                    ``(A) an alleged victim of sexual assault or sexual 
                harassment;
                    ``(B) an individual charged with providing services 
                or support to an alleged victim of sexual assault or 
                sexual harassment;
                    ``(C) a witness or bystander to an alleged sexual 
                assault or sexual harassment; or
                    ``(D) any other person associated with an alleged 
                victim of a sexual assault or sexual harassment; and
            ``(2) without regard to whether the allegation is reported 
        to or investigated or inquired into by--
                    ``(A) the Department of Defense Inspector General or 
                any other inspector general;
                    ``(B) a military criminal investigative 
                organization;
                    ``(C) a commander or other person at the direction 
                of the commander;
                    ``(D) another military or civilian law enforcement 
                organization; or
                    ``(E) any other organization, officer, or employee 
                of the Department of Defense.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 80 of title 10, United States Code, >  
is amended by inserting after the item relating to section 1562 the 
following new item:

``1562a. Complaints of retaliation by victims of sexual assault or 
           sexual harassment and related persons: tracking by Department 
           of Defense.''.

SEC. 545. MODIFICATION OF NOTICE TO VICTIMS OF PENDENCY OF FURTHER 
                        ADMINISTRATIVE ACTION FOLLOWING A 
                        DETERMINATION NOT TO REFER TO TRIAL BY 
                        COURT-MARTIAL.

    Section 549 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 10 U.S.C. 806b note) is amended--
            (1) in the section heading, by striking ``alleged sexual 
        assault'' and inserting ``alleged sex-related offense'';
            (2) by striking ``Under regulations'' and inserting 
        ``Notwithstanding section 552a of title 5, United States Code, 
        and under regulations'';
            (3) by striking ``alleged sexual assault'' and inserting 
        ``an alleged sex-related offense (as defined in section 1044e(h) 
        of title 10, United States Code)''; and

[[Page 135 STAT. 1712]]

            (4) by adding at the end the following new sentence: ``Upon 
        such final determination, the commander shall notify the victim 
        of the type of action taken on such case, the outcome of the 
        action (including any punishments assigned or characterization 
        of service, as applicable), and such other information as the 
        commander determines to be relevant.''
SEC. 546. >  CIVILIAN POSITIONS TO 
                        SUPPORT SPECIAL VICTIMS' COUNSEL.

    (a) Civilian Support Positions.--Each Secretary of a military 
department may establish one or more civilian positions within each 
office of the Special Victims' Counsel under the jurisdiction of such 
Secretary.
    (b) Duties.--The duties of each position under subsection (a) shall 
be--
            (1) to provide support to Special Victims' Counsel, 
        including legal, paralegal, and administrative support; and
            (2) to ensure the continuity of legal services and the 
        preservation of institutional knowledge in the provision of 
        victim legal services notwithstanding transitions in the 
        military personnel assigned to offices of the Special Victims' 
        Counsel.

    (c) Special Victims' Counsel Defined.--In this section, the term 
``Special Victims' Counsel'' means Special Victims' Counsel described in 
section 1044e of title 10, United States Code, and in the case of the 
Navy and Marine Corps, includes counsel designated as ``Victims' Legal 
Counsel''.
SEC. 547. >  PLANS 
                        FOR UNIFORM DOCUMENT MANAGEMENT SYSTEM, 
                        TRACKING PRETRIAL INFORMATION, AND 
                        ASSESSING CHANGES IN LAW.

    (a) Plan for Document Management System.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense, in 
        consultation with the Secretary of Homeland Security (with 
        respect to the Coast Guard when it is not operating as a service 
        in the Navy), the Secretaries of the military departments, and 
        the Judge Advocates specified in subsection (e), shall publish a 
        plan pursuant to which the Secretary of Defense shall establish 
        a single document management system for use by each Armed Force 
        to collect and present information on matters within the 
        military justice system, including information collected and 
        maintained for purposes of section 940a of title 10, United 
        States Code (article 140a of the Uniform Code of Military 
        Justice).
            (2) >  Elements.--The plan under 
        subsection (a) shall meet the following criteria:
                    (A) Consistency of data fields.--The plan shall 
                ensure that each Armed Force uses consistent data 
                collection fields, definitions, and other criteria for 
                the document management system described in subsection 
                (a).
                    (B) >  Best practices.--The plan 
                shall include a strategy for incorporating into the 
                document management system the features of the case 
                management and electronic case filing system of the 
                Federal courts to the greatest extent possible.

[[Page 135 STAT. 1713]]

                    (C) Prospective application.--The plan shall require 
                the document management system to be used for the 
                collection and presentation of information about matters 
                occurring after the date of the implementation of the 
                system. The plan shall not require the collection and 
                presentation of historical data about matters occurring 
                before the implementation date of the system.
                    (D) >  Resources.--The plan shall 
                include an estimate of the resources (including costs, 
                staffing, and other resources) required to implement the 
                document management system.
                    (E) >  Authorities.--The plan 
                shall include an analysis of any legislative actions, 
                including any changes to law, that may be required to 
                implement the document management system for each Armed 
                Force.

    (b) Plan for Tracking Pretrial Information.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Defense, 
in consultation with the Secretary of Homeland Security (with respect to 
the Coast Guard when it is not operating as a service in the Navy), the 
Secretaries of the military departments, and the Judge Advocates 
specified in subsection (e), shall publish a plan addressing how the 
Armed Forces will collect, track, and maintain pretrial records, data, 
and other information regarding the reporting, investigation, and 
processing of all offenses under chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice), arising in any Armed Force 
in a manner such that each Armed Force uses consistent data collection 
fields, definitions, and criteria.
    (c) Plan for Assessing Effects of Changes in Law.--Not later than 
one year after the date of the enactment of this Act, the Secretary of 
Defense, in consultation with the Secretary of Homeland Security (with 
respect to the Coast Guard when it is not operating as a service in the 
Navy), the Secretaries of the military departments, and the Judge 
Advocates specified in subsection (e), shall publish a plan addressing 
the manner in which the Department of Defense will analyze the effects 
of the changes in law and policy required under subtitle D and the 
amendments made by such subtitle with respect to the disposition of 
offenses over which a special trial counsel at any time exercises 
authority in accordance with section 824a of title 10, United States 
Code (article 24a of the Uniform Code of Military Justice) (as added by 
section 531 of this Act).
    (d) Interim Briefings.--
            (1) >  In general.--Not less frequently 
        than once every 90 days during the covered period, the Secretary 
        of Defense, in consultation with the Secretary of Homeland 
        Security (with respect to the Coast Guard when it is not 
        operating as a service in the Navy), the Secretaries of the 
        military departments, and the Judge Advocates specified in 
        subsection (e), shall provide to the Committees on Armed 
        Services of the Senate and the House of Representatives, the 
        Committee on Commerce, Science, and Transportation of the 
        Senate, and the Committee on Transportation and Infrastructure 
        of the House of Representatives a briefing on the status of the 
        development of the plans required under subsections (a) through 
        (c).

[[Page 135 STAT. 1714]]

            (2) >  Covered period.--In this 
        subsection, the term ``covered period'' means the period 
        beginning on the date of the enactment of this Act and ending on 
        the date that is one year after the date of the enactment of 
        this Act.

    (e) Judge Advocates Specified.--The Judge Advocates specified in 
this subsection are the following:
            (1) The Judge Advocate General of the Army.
            (2) The Judge Advocate General of the Navy.
            (3) The Judge Advocate General of the Air Force.
            (4) The Staff Judge Advocate to the Commandant of the Marine 
        Corps.
            (5) The Judge Advocate General of the Coast Guard.
SEC. 548. >  DETERMINATION AND 
                        REPORTING OF MEMBERS MISSING, ABSENT 
                        UNKNOWN, ABSENT WITHOUT LEAVE, AND DUTY 
                        STATUS-WHEREABOUTS UNKNOWN.

    (a) Comprehensive Review of Missing Persons Reporting.--The 
Secretary of Defense shall instruct each Secretary of a military 
department to perform a comprehensive review of the policies and 
procedures of the military department concerned to determine and report 
a member of an Armed Force under the jurisdiction of such Secretary of a 
military department as missing, absent unknown, absent without leave, or 
duty status-whereabouts unknown.
    (b) Review of Installation-level Procedures.--In addition to such 
other requirements as may be set forth by the Secretary of Defense 
pursuant to subsection (a), each Secretary of a military department 
shall, with regard to the military department concerned--
            (1) direct each commander of a military installation, 
        including any tenant command or activity present on such 
        military installation, to review policies and procedures for 
        carrying out the determination and reporting activities 
        described in subsection (a); and
            (2) >  update such installation-level 
        policies and procedures, including any tenant command or 
        activity policies and procedures, to improve force protection, 
        enhance security for members living on the military 
        installation, and promote reporting at the earliest practicable 
        time to local law enforcement (at all levels) and Federal law 
        enforcement field offices with overlapping jurisdiction with 
        that installation, when a member is determined to be missing, 
        absent unknown, absent without leave, or duty status-whereabouts 
        unknown.

    (c) Installation-specific Reporting Protocols.--
            (1) In general.--Each commander of a military installation 
        shall establish a protocol applicable to all persons and 
        organizations present on the military installation, including 
        tenant commands and activities, for sharing information with 
        local and Federal law enforcement agencies about members who are 
        missing, absent-unknown, absent without leave, or duty status-
        whereabouts unknown. >  The protocol shall 
        provide for the immediate entry regarding the member concerned 
        in the Missing Persons File of the National Crimes Information 
        Center data and for the commander to immediately notify all 
        local law enforcement agencies with jurisdictions in the 
        immediate area of the military installation, when the status of 
        a member assigned to such installation has been determined

[[Page 135 STAT. 1715]]

        to be missing, absent unknown, absent without leave, or duty 
        status-whereabouts unknown.
            (2) Reporting to military installation command.--Each 
        commander of a military installation shall submit the protocol 
        established pursuant to paragraph (1) to the Secretary of the 
        military department concerned.

    (d) Report Regarding National Guard.--Not later than June 1, 2022, 
the Secretary of Defense shall submit, to the Committees on Armed 
Services of the Senate and House of Representatives, a report on the 
feasibility of implementing subsections (a), (b), and (c), with regards 
to facilities of the National Guard. >  Such report shall include 
recommendations of the Secretary, including a proposed timeline for 
implementing the provisions of such subsections that the Secretary 
determines feasible.
SEC. 549. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION AND 
                        RESPONSE.

    (a) Delegation of Authority to Authorize Exceptional Eligibility for 
Certain Benefits.--Paragraph (4) of section 1059(m) of title 10, United 
States Code, is amended to read as follows:
    ``(4)(A) Except as provided in subparagraph (B), the authority of 
the Secretary concerned under paragraph (1) may not be delegated.
    ``(B) >  During the two year period following 
the date of the enactment of the National Defense Authorization Act for 
Fiscal Year 2022, the authority of the Secretary concerned under 
paragraph (1) may be delegated to an official at the Assistant 
Secretary-level or above. >  Any exercise of such 
delegated authority shall be reported to the Secretary concerned on a 
quarterly basis.''.

    (b) Extension of Requirement for Annual Family Advocacy Program 
Report Regarding Child Abuse and Domestic Violence.--Section 574(a) of 
the National Defense Authorization Act for Fiscal Year 2017 (Public Law 
114-328; 130 Stat. 2141) is amended by striking ``April 30, 2021'' and 
inserting ``April 30, 2026''.
    (c) >  Implementation of Comptroller 
General Recommendations.--
            (1) >  In general.--Consistent with 
        the recommendations set forth in the report of the Comptroller 
        General of the United States titled ``Domestic Abuse: Actions 
        Needed to Enhance DOD's Prevention, Response, and Oversight'' 
        (GAO-21-289), the Secretary of Defense, in consultation with the 
        Secretaries of the military departments, shall carry out the 
        activities specified in subparagraphs (A) through (K).
                    (A) >  Domestic abuse data.--Not 
                later than 180 days after the date of the enactment of 
                this Act, the Secretary of Defense, in consultation with 
                the Secretaries of the military departments, shall carry 
                out each of the following:
                          (i) Issue guidance to the Secretaries of the 
                      military departments to clarify and standardize 
                      the process for collecting and reporting data on 
                      domestic abuse in the Armed Forces, including--
                                    (I) data on the numbers and types of 
                                domestic abuse incidents involving 
                                members of the Armed Forces; and

[[Page 135 STAT. 1716]]

                                    (II) data for inclusion in the 
                                reports required to be submitted under 
                                section 574 of the National Defense 
                                Authorization Act for Fiscal Year 2017 
                                (Public Law 114-328; 130 Stat. 2141).
                          (ii) Develop a quality control process to 
                      ensure the accurate and complete reporting of data 
                      on allegations of abuse involving a member of the 
                      Armed Forces, including allegations of abuse that 
                      do not meet the Department of Defense definition 
                      of domestic abuse.
                          (iii) Expand the scope of any reporting to 
                      Congress that includes data on domestic abuse in 
                      the Armed Forces to include data on and analysis 
                      of the types of allegations of domestic abuse.
                    (B) >  Domestic violence and 
                command action data.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary of 
                Defense, in consultation with the Secretaries of the 
                military departments, shall--
                          (i) >  evaluate the 
                      organizations and elements of the Department of 
                      Defense that are responsible for tracking domestic 
                      violence incidents and the command actions taken 
                      in response to such incidents to determine if 
                      there are actions that may be carried out to--
                                    (I) eliminate gaps and redundancies 
                                in the activities of such organizations;
                                    (II) ensure consistency in the 
                                approaches of such organizations to the 
                                tracking of such incidents and actions; 
                                and
                                    (III) otherwise improve the tracking 
                                of such incidents and actions across the 
                                Department;
                          (ii) based on the evaluation under clause (i), 
                      clarify or adjust--
                                    (I) the duties of such organizations 
                                and elements; and
                                    (II) the manner in which such 
                                organizations and elements coordinate 
                                their activities; and
                          (iii) issue guidance to the Secretaries of the 
                      military departments to clarify and standardize 
                      the information required to be collected and 
                      reported to the database on domestic violence 
                      incidents under section 1562 of title 10, United 
                      States Code.
                    (C) >  Regulations for violation of 
                civilian orders of protection.--The Secretary of Defense 
                shall revise or issue regulations (as applicable) to 
                ensure that each Secretary of a military department 
                provides, to any member of the Armed Forces under the 
                jurisdiction of such Secretary who is subject to a 
                civilian order of protection, notice that the violation 
                of such order may be punishable under chapter 47 of 
                title 10, United States Code (the Uniform Code of 
                Military Justice).
                    (D) Agreements with civilian victim service 
                organizations.--
                          (i) >  Guidance 
                      required.--The Secretary of Defense, in 
                      consultation with the Secretaries of the military 
                      departments, shall issue guidance pursuant to 
                      which personnel of a Family Advocacy Program at a 
                      military installation may enter into memoranda

[[Page 135 STAT. 1717]]

                      of understanding with qualified civilian victim 
                      service organizations for purposes of providing 
                      services to victims of domestic abuse in 
                      accordance with clause (ii).
                          (ii) >  Contents of 
                      agreement.--A memorandum of understanding entered 
                      into under clause (i) shall provide that personnel 
                      of a Family Advocacy Program at a military 
                      installation may refer a victim of domestic abuse 
                      to a qualified civilian victim service 
                      organization if such personnel determine that--
                                    (I) the services offered at the 
                                installation are insufficient to meet 
                                the victim's needs; or
                                    (II) such a referral would otherwise 
                                benefit the victim.
                    (E) Screening and reporting of initial 
                allegations.--The Secretary of Defense, in consultation 
                with the Secretaries of the military departments, shall 
                develop and implement a standardized process--
                          (i) to ensure consistency in the manner in 
                      which allegations of domestic abuse are screened 
                      and documented at military installations, 
                      including by ensuring that allegations of domestic 
                      abuse are documented regardless of the severity of 
                      the incident; and
                          (ii) to ensure consistency in the form and 
                      manner in which such allegations are presented to 
                      Incident Determination Committees.
                    (F) Implementation and oversight of incident 
                determination committees.--
                          (i) Implementation.--The Secretary of Defense, 
                      in consultation with the Secretaries of the 
                      military departments, shall ensure that Incident 
                      Determination Committees are fully implemented 
                      within each Armed Force.
                          (ii) Oversight and monitoring.--The Secretary 
                      of Defense shall--
                                    (I) direct the Under Secretary of 
                                Defense for Personnel and Readiness to 
                                conduct oversight of the activities of 
                                the Incident Determination Committees of 
                                the Armed Forces on an ongoing basis; 
                                and
                                    (II) establish a formal process 
                                through which the Under Secretary will 
                                monitor Incident Determination 
                                Committees to ensure that the activities 
                                of such Committees are conducted in an 
                                consistent manner in accordance with the 
                                applicable policies of the Department of 
                                Defense and the Armed Forces.
                    (G) >  Reasonable 
                suspicion standard for incident reporting.--Not later 
                than 90 days after the date of the enactment of the Act, 
                the Secretary of Defense, in consultation with the 
                Secretaries of the military departments, shall issue 
                regulations--
                          (i) >  under which the 
                      personnel of a Family Advocacy Program shall be 
                      required to report an allegation of domestic abuse 
                      to an Incident Determination Committee if there is 
                      reasonable suspicion that the abuse occurred; and

[[Page 135 STAT. 1718]]

                          (ii) that fully define and establish 
                      standardized criteria for determining whether an 
                      allegation of abuse meets the reasonable suspicion 
                      standard referred to in clause (i).
                    (H) Guidance for victim risk assessment.--The 
                Secretary of Defense, in consultation with the 
                Secretaries of the military departments, shall issue 
                guidance that--
                          (i) identifies the risk assessment tools that 
                      must be used by Family Advocacy Program personnel 
                      to assess reports of domestic abuse; and
                          (ii) establishes minimum qualifications for 
                      the personnel responsible for using such tools.
                    (I) Improving family advocacy program awareness 
                campaigns.--The Secretary of Defense, in consultation 
                with the Secretaries of the military departments, shall 
                develop and implement--
                          (i) >  a communications 
                      strategy to support the Armed Forces in increasing 
                      awareness of the options and resources available 
                      for reporting incidents of domestic abuse; and
                          (ii) metrics to evaluate the effectiveness of 
                      domestic abuse awareness campaigns within the 
                      Department of Defense and the Armed Forces, 
                      including by identifying a target audience and 
                      defining measurable objectives for such campaigns.
                    (J) Assessment of the disposition model for domestic 
                violence.--As part of the independent analysis required 
                by section 549C of the William M. (Mac) Thornberry 
                National Defense Authorization Act for Fiscal Year 2021 
                (Public Law 116-283) the Secretary of Defense shall 
                include an assessment of--
                          (i) >  the risks and 
                      consequences of the disposition model for domestic 
                      violence in effect as of the date of the enactment 
                      of this Act, including the risks and consequences 
                      of such model with respect to--
                                    (I) the eligibility of victims for 
                                transitional compensation and other 
                                benefits; and
                                    (II) the eligibility of perpetrators 
                                of domestic violence to possess firearms 
                                and any related effects on the military 
                                service of such individuals; and
                          (ii) the feasibility and advisability of 
                      establishing alternative disposition models for 
                      domestic violence, including an assessment of the 
                      advantages and disadvantages of each proposed 
                      model.
                    (K) Family advocacy program training.--
                          (i) Training for commanders and senior 
                      enlisted advisors.--The Secretary of Defense, in 
                      consultation with the Secretaries of the military 
                      departments, shall--
                                    (I) ensure that the Family Advocacy 
                                Program training provided to 
                                installation-level commanders and senior 
                                enlisted advisors of the Armed Forces 
                                meets the applicable requirements of the 
                                Department of Defense; and
                                    (II) shall provide such additional 
                                guidance and sample training materials 
                                as may be necessary to improve the 
                                consistency of such training.

[[Page 135 STAT. 1719]]

                          (ii) >  Training for 
                      chaplains.--The Secretary of Defense shall--
                                    (I) require that chaplains of the 
                                Armed Forces receive Family Advocacy 
                                Program training;
                                    (II) establish content requirements 
                                and learning objectives for such 
                                training; and
                                    (III) provide such additional 
                                guidance and sample training materials 
                                as may be necessary to effectively 
                                implement such training.
                          (iii) Training completion data.--The Secretary 
                      of Defense, in consultation with the Secretaries 
                      of the military departments, shall develop a 
                      process to ensure the quality and completeness of 
                      data indicating whether members of the Armed 
                      Forces who are required to complete Family 
                      Advocacy Program training, including installation-
                      level commanders and senior enlisted advisors, 
                      have completed such training.
            (2) >  General implementation date.--
        Except as otherwise provided in paragraph (1), the Secretary of 
        Defense shall complete the implementation of the activities 
        specified in such paragraph by not later than one year after the 
        date of the enactment of this Act.
            (3) >  Quarterly status briefing.--Not 
        later than 90 days after the date of the enactment of this Act 
        and on a quarterly basis thereafter until the date on which all 
        of the activities specified in paragraph (1) have been 
        implemented, the Secretary of Defense shall provide to the 
        appropriate congressional committees a briefing on the status of 
        the implementation of such activities.

    (d) Information on Services for Military Families.--Each Secretary 
of a military department shall ensure that a military family member who 
reports an incident of domestic abuse or child abuse and neglect to a 
Family Advocacy Program under the jurisdiction of such Secretary 
receives comprehensive information, in a clear and easily understandable 
format, on the services available to such family member in connection 
with such incident. Such information shall include a complete guide to 
the following:
            (1) The Family Advocacy Program of the Armed Force or 
        military department concerned.
            (2) Military law enforcement services, including an 
        explanation of the process that follows a report of an incident 
        of domestic abuse or child abuse or neglect.
            (3) Other applicable victim services.

    (e) Reports on Staffing Levels for Family Advocacy Programs.--
            (1) >  In general.--Not later than 180 
        days after the date on which the staffing tool described in 
        paragraph (2) becomes operational, and on an annual basis 
        thereafter for the following five years, the Secretary of 
        Defense shall submit to the appropriate congressional committees 
        a report setting forth the following:
                    (A) Military, civilian, and contract support 
                staffing levels for the Family Advocacy Programs of the 
                Armed Forces at each military installation so staffed as 
                of the date of the report.

[[Page 135 STAT. 1720]]

                    (B) >  Recommendations 
                for ideal staffing levels for the Family Advocacy 
                Programs, as identified by the staffing tool.
            (2) Staffing tool described.--The staffing tool described in 
        this paragraph is a tool that will be used to assist the 
        Department in determining adequate staffing levels for Family 
        Advocacy Programs.
            (3) Comptroller general review.--
                    (A) In general.--Following the submission of the 
                first annual report required under paragraph (1), the 
                Comptroller General of the United States shall conduct a 
                review of the staffing of the Family Advocacy Programs 
                of the Armed Forces.
                    (B) >  Elements.--The review 
                conducted under subparagraph (A) shall include an 
                assessment of each of the following:
                          (i) The extent to which the Armed Forces have 
                      filled authorized billets for Family Advocacy 
                      program manager, clinician, and victim advocate 
                      positions.
                          (ii) The extent to which the Armed Forces have 
                      experienced challenges filling authorized Family 
                      Advocacy Program positions, and how such 
                      challenges, if any, have affected the provision of 
                      services.
                          (iii) The extent to which the Department of 
                      Defense and Armed Forces have ensured that Family 
                      Advocacy Program clinicians and victim advocates 
                      meet qualification and training requirements.
                          (iv) The extent to which the Department of 
                      Defense has established metrics to evaluate the 
                      effectiveness of the staffing tool described in 
                      paragraph (2).
                    (C) Briefing and report.--
                          (i) >  Briefing.--Not later 
                      than one year following the submission of the 
                      first annual report required under paragraph (1), 
                      the Comptroller General shall provide to the 
                      Committees on Armed Services of the Senate and the 
                      House of Representatives a briefing on the 
                      preliminary observations made by the Comptroller 
                      General as part of the review required under 
                      subparagraph (A).
                          (ii) Report.--Not later than 90 days after the 
                      date of the briefing under clause (i), the 
                      Comptroller General shall submit to the Committees 
                      on Armed Services of the Senate and the House of 
                      Representatives a report on the results of the 
                      review conducted under subparagraph (A).

    (f) Study and Briefing on Initial Entry Points.--
            (1) Study.--The Secretary of Defense shall conduct a study 
        to identify initial entry points (including anonymous entry 
        points) through which military family members may seek 
        information or support relating to domestic abuse or child abuse 
        and neglect. >  Such study shall include an 
        assessment of--
                    (A) points at which military families interact with 
                the Armed Forces or the Department of Defense through 
                which such information or support may be provided to 
                family members, including points such as enrollment in 
                the Defense Enrollment Eligibility Reporting System, and 
                the issuance of identification cards; and

[[Page 135 STAT. 1721]]

                    (B) other existing and potential routes through 
                which such family members may seek information or 
                support from the Armed Forces or the Department, 
                including online chat rooms, text-based support 
                capabilities, and software applications for smartphones.
            (2) >  Briefing.--Not later than one year 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall provide to the Committees on Armed Services of the 
        Senate and the House of Representatives a briefing setting forth 
        the results of the study conducted under paragraph (1).

    (g) >  Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' means 
        the Committees on Armed Services of the Senate and the House of 
        Representatives.
            (2) The term ``civilian order of protection'' has the 
        meaning given that term in section 1561a of title 10, United 
        States Code.
            (3) The term ``disposition model for domestic violence'' 
        means the process to determine--
                    (A) the disposition of charges of an offense of 
                domestic violence under section 928b of title 10, United 
                States Code (article 128b of the Uniform Code of 
                Military Justice); and
                    (B) consequences of such disposition for members of 
                the Armed Forces determined to have committed such 
                offense and the victims of such offense.
            (4) The term ``Incident Determination Committee'' means a 
        committee established at a military installation that is 
        responsible for reviewing reported incidents of domestic abuse 
        and determining whether such incidents constitute harm to the 
        victims of such abuse according to the applicable criteria of 
        the Department of Defense.
            (5) The term ``qualified civilian victim service 
        organization'' means an organization outside the Department of 
        Defense that--
                    (A) is approved by the Secretary of Defense for the 
                purpose of providing legal or other services to victims 
                of domestic abuse; and
                    (B) is located in a community surrounding a military 
                installation.
            (6) The term ``risk assessment tool'' means a process or 
        technology that may be used to evaluate a report of an incident 
        of domestic abuse to determine the likelihood that the abuse 
        will escalate or recur.
SEC. 549A. >  ANNUAL PRIMARY 
                          PREVENTION RESEARCH AGENDA.

    (a) >  In 
General.--Beginning on October 1, 2022, and annually on the first day of 
each fiscal year thereafter, the Secretary of Defense shall publish a 
Department of Defense research agenda for that fiscal year, focused on 
the primary prevention of interpersonal and self-directed violence, 
including sexual assault, sexual harassment, domestic violence, child 
abuse and maltreatment, problematic juvenile sexual behavior, suicide, 
workplace violence, and substance misuse.

    (b) Elements.--Each annual primary prevention research agenda 
published under subsection (a) shall--
            (1) identify research priorities for that fiscal year;

[[Page 135 STAT. 1722]]

            (2) >  assign research projects and 
        tasks to the military departments and other components of the 
        Department of Defense, as the Secretary of Defense determines 
        appropriate;
            (3) allocate or direct the allocation of appropriate 
        resourcing for each such project and task; and
            (4) be directive in nature and enforceable across all 
        components of the Department of Defense, including with regard 
        to--
                    (A) >  providing for timely 
                access to records, data and information maintained by 
                any component of the Department of Defense that may be 
                required in furtherance of an assigned research project 
                or task;
                    (B) ensuring the sharing across all components of 
                the Department of Defense of the findings and the 
                outcomes of any research project or task; and
                    (C) >  any other matter 
                determined by the Secretary of Defense.

    (c) Guiding Principles.--The primary prevention research agenda 
should, as determined by the Secretary of Defense--
            (1) reflect a preference for research projects and tasks 
        with the potential to yield or contribute to the development and 
        implementation of actionable primary prevention strategies in 
        the Department of Defense;
            (2) be integrated, so as to discover or test cross-cutting 
        interventions across the spectrum of interpersonal and self-
        directed violence;
            (3) incorporate collaboration with other Federal departments 
        and agencies, State governments, academia, industry, federally 
        funded research and development centers, non-profit 
        organizations, and other organizations outside of the Department 
        of Defense; and
            (4) minimize unnecessary duplication of effort.

    (d) Budgeting.--The Secretary of Defense shall create a unique 
Program Element for and shall prioritize recurring funding to ensure the 
continuity of research pursuant to the annual primary prevention 
research agenda.
SEC. 549B. >  PRIMARY PREVENTION 
                          WORKFORCE.

    (a) Establishment.--The Secretary of Defense shall establish a 
Primary Prevention Workforce to provide a comprehensive and integrated 
program across the Department of Defense enterprise for the primary 
prevention of interpersonal and self-directed violence, including sexual 
assault, sexual harassment, domestic violence, child abuse and 
maltreatment, problematic juvenile sexual behavior, suicide, workplace 
violence, and substance misuse.
    (b) Primary Prevention Workforce Model.--
            (1) >  In general.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall submit to the Committee on Armed Services of the 
        Senate and the Committee on Armed Services of the House of 
        Representatives a report setting forth a holistic model for a 
        dedicated and capable Primary Prevention Workforce in the 
        Department of Defense.
            (2) Elements.--The model required under paragraph (1) shall 
        include the following elements:
                    (A) A description of Primary Prevention Workforce 
                roles, responsibilities, and capabilities, including--

[[Page 135 STAT. 1723]]

                          (i) the conduct of research and analysis;
                          (ii) advising all levels of military 
                      commanders and leaders;
                          (iii) designing and writing strategic and 
                      operational primary prevention policies and 
                      programs;
                          (iv) integrating and analyzing data; and
                          (v) implementing, evaluating, and adapting 
                      primary prevention programs and activities, to 
                      include developing evidence-based training and 
                      education programs for Department personnel that 
                      is appropriately tailored by rank, occupation, and 
                      environment.
                    (B) The design and structure of the Primary 
                Prevention Workforce, including--
                          (i) consideration of military, civilian, and 
                      hybrid manpower options;
                          (ii) the comprehensive integration of the 
                      workforce from strategic to tactical levels of the 
                      Department of Defense and its components; and
                          (iii) mechanisms for individuals in workforce 
                      roles to report to and align with installation-
                      level and headquarters personnel.
                    (C) >  Strategies, plans, 
                and systematic approaches for recruiting, credentialing, 
                promoting, and sustaining the diversity of work force 
                roles comprising a professional workforce dedicated to 
                primary prevention.
                    (D) The creation of a professional, primary 
                prevention credential that standardizes a common base of 
                education and experience across the prevention 
                workforce, coupled with knowledge development and skill 
                building requirements built into the career cycle of 
                prevention practitioners such that competencies and 
                expertise increase over time.
                    (E) >  Any other matter the 
                Secretary of Defense determines necessary and 
                appropriate to presenting an accurate and complete model 
                of the Primary Prevention Workforce.

    (c) Reports.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretaries of the military 
        departments and the Chief of the National Guard Bureau each 
        shall submit to the Committee on Armed Services of the Senate 
        and the Committee on Armed Services of the House of 
        Representatives a report detailing how the military services and 
        the National Guard, as applicable, will adapt and implement the 
        primary prevention workforce model set forth in the report 
        required under subsection (b).
            (2) Elements.--Each report submitted under subsection (a) 
        shall include a description of--
                    (A) expected milestones to implement the prevention 
                workforce in the component at issue;
                    (B) challenges associated with implementation of the 
                workforce and the strategies for addressing such 
                challenges; and
                    (C) additional authorities that may be required to 
                optimize implementation and operation of the workforce.

    (d) Operating Capability Deadline.--The Primary Prevention Workforce 
authorized under this section shall attain initial operating capability 
in each military department and military service

[[Page 135 STAT. 1724]]

and in the National Guard by not later than the effective date specified 
in section 539C.
SEC. 549C. REFORM AND IMPROVEMENT OF MILITARY CRIMINAL 
                          INVESTIGATIVE ORGANIZATIONS.

    (a) >  Evaluation and Plan for Reform.--Not later 
than one year after the date of the enactment of this Act, each 
Secretary concerned shall--
            (1) complete an evaluation of the effectiveness of the 
        military criminal investigative organization under the 
        jurisdiction of such Secretary: and
            (2) >  submit to the appropriate 
        congressional committees a report that includes--
                    (A) the results of the evaluation conducted under 
                paragraph (1); and
                    (B) >  based on 
                such results, if the Secretary determines that reform to 
                the military criminal investigative organization under 
                the jurisdiction of such Secretary is advisable, a 
                proposal for reforming such organization to ensure that 
                the organization effectively meets the demand for 
                complex investigations and other emerging mission 
                requirements.

    (b) Implementation Plan.--
            (1) >  In general.--Not 
        later than two years after the date of the enactment of this 
        Act, each Secretary concerned shall submit to the appropriate 
        congressional committees a plan to implement, to the extent 
        determined appropriate by such Secretary, the reforms to the 
        military criminal investigative organization proposed by such 
        Secretary under subsection (a) to ensure that such organization 
        is capable of professionally investigating criminal misconduct 
        under its jurisdiction.
            (2) Elements.--Each plan under paragraph (1) shall include, 
        with respect to the military criminal investigative organization 
        under the jurisdiction of the Secretary concerned, the 
        following:
                    (A) >  The requirements that 
                such military criminal investigative organization must 
                meet to effectively carry out criminal investigative and 
                other law enforcement missions in 2022 and subsequent 
                years.
                    (B) The resources that will be needed to ensure that 
                each such military criminal investigative organization 
                can achieve its mission.
                    (C) >  An analysis of factors 
                affecting the performance of such military criminal 
                investigate organization, including--
                          (i) whether appropriate technological 
                      investigative tools are available and accessible 
                      to such organization; and
                          (ii) whether the functions of such 
                      organization would be better supported by civilian 
                      rather than military leadership.
                    (D) For each such military criminal investigative 
                organization--
                          (i) the number of military personnel assigned 
                      to the organization;
                          (ii) the number of civilian personnel assigned 
                      to the organization; and

[[Page 135 STAT. 1725]]

                          (iii) the functions of such military and 
                      civilian personnel.
                    (E) >  A description of any plans of 
                the Secretary concerned to develop a more professional 
                workforce of military and civilian investigators.
                    (F) >  A proposed timeline for the 
                reform of such military investigative organization.
                    (G) An explanation of the potential benefits of such 
                reforms, including a description of--
                          (i) specific improvements that are expected to 
                      result from the reforms; and
                          (ii) whether the reforms will improve 
                      information sharing across military criminal 
                      investigative organizations.
                    (H) With respect to the military criminal 
                investigative organization of the Army, an explanation 
                of how the plan will--
                          (i) address the findings of the report of the 
                      Fort Hood Independent Review Committee, dated 
                      November 6, 2020; and
                          (ii) coordinate with any other internal reform 
                      efforts of the Army.

    (c) Limitation on the Changes to Training Locations.--In carrying 
out this section, the Secretary concerned may not change the locations 
at which military criminal investigative training is provided to members 
of the military criminal investigative organization under the 
jurisdiction of such Secretary until--
            (1) the implementation plan under subsection (b) is 
        submitted to the appropriate congressional committees; and
            (2) >  a period of 60 
        days has elapsed following the date on which the Secretary 
        notifies the appropriate congressional committees of the 
        Secretary's intent to move such training to a different 
        location.

    (d) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.
            (2) The term ``military criminal investigative 
        organization'' means each organization or element of the 
        Department of Defense or the Armed Forces that is responsible 
        for conducting criminal investigations, including--
                    (A) the Army Criminal Investigation Command;
                    (B) the Naval Criminal Investigative Service;
                    (C) the Air Force Office of Special Investigations;
                    (D) the Coast Guard Investigative Service; and
                    (E) the Defense Criminal Investigative Service.
            (3) The term ``Secretary concerned'' means--
                    (A) the Secretary of the Army, with respect to the 
                Army Criminal Investigation Command;
                    (B) the Secretary of the Navy, with respect to the 
                Naval Criminal Investigative Service;

[[Page 135 STAT. 1726]]

                    (C) the Secretary of the Air Force, with respect to 
                the Air Force Office of Special Investigations;
                    (D) the Secretary of Homeland Security, with respect 
                to the Coast Guard Investigative Service; and
                    (E) the Secretary of Defense, with respect to the 
                Defense Criminal Investigative Service.
SEC. 549D. >  MILITARY DEFENSE COUNSEL.

    Each Secretary of a military department shall--
            (1) ensure that military defense counsel have timely and 
        reliable access to and funding for defense investigators, expert 
        witnesses, trial support, pre-trial and post-trial support, 
        paralegal support, counsel travel, and other necessary 
        resources;
            (2) ensure that military defense counsel detailed to 
        represent a member of the Armed Forces accused of a covered 
        offense (as defined in section 801(17) of title 10, United 
        States Code (article 1(17) of the Uniform Code of Military 
        Justice), as added by section 533 of this Act) are well-trained 
        and experienced, highly skilled, and competent in the defense of 
        cases involving covered offenses; and
            (3) take or direct such other actions regarding military 
        defense counsel as may be warranted in the interest of the fair 
        administration of justice.
SEC. 549E. >  FULL 
                          FUNCTIONALITY OF MILITARY JUSTICE REVIEW 
                          PANEL.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Defense shall establish or reconstitute, maintain, and 
ensure the full functionality of the Military Justice Review Panel 
established pursuant to section 946 of title 10, United States Code 
(article 146 of the Uniform Code of Military Justice)).
SEC. 549F. MILITARY SERVICE INDEPENDENT RACIAL DISPARITY REVIEW.

    (a) >  Review Required.--Each Secretary of a 
military department shall conduct an assessment of racial disparity in 
military justice and discipline processes and military personnel 
policies, as they pertain to minority populations.

    (b) >  Report Required.--
Not later than one year after the date of the enactment of this Act, 
each Secretary of a military department shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives and the 
Comptroller General of the United States a report detailing the results 
of the assessment required by subsection (a), together with 
recommendations for statutory or regulatory changes as the Secretary 
concerned determines appropriate.

    (c) Comptroller General Report.--Not later than 180 days after 
receiving the reports submitted under subsection (b), the Comptroller 
General shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report comparing the military service 
assessments on racial disparity conducted under subsection (a) to 
existing reports assessing racial disparity in civilian criminal justice 
systems in the United States.
    (d) Definitions.--In this section:
            (1) Military justice; discipline processes.--The terms 
        ``military justice'' and ``discipline processes'' refer to all 
        facets of the military justice system, including investigation, 
        the use

[[Page 135 STAT. 1727]]

        of administrative separations and other administrative 
        sanctions, non-judicial punishment, panel selection, pre-trial 
        confinement, the use of solitary confinement, dispositions of 
        courts-martial, sentencing, and post-trial processes.
            (2) Military personnel policies.--The term ``military 
        personnel policies'' includes accession rates and policies, 
        retention rates and policies, promotion rates, assignments, 
        professional military education selection and policies, and 
        career opportunity for minority members of the Armed Forces.
            (3) Minority populations.--The term ``minority populations'' 
        includes Black, Hispanic, Asian/Pacific Islander, American 
        Indian, and Alaska Native populations.
SEC. 549G. INCLUSION OF RACE AND ETHNICITY IN ANNUAL REPORTS ON 
                          SEXUAL ASSAULTS; REPORTING ON RACIAL AND 
                          ETHNIC DEMOGRAPHICS IN THE MILITARY 
                          JUSTICE SYSTEM.

    (a) Annual Reports on Racial and Ethnic Demographics in the Military 
Justice System.--
            (1) In general.--Chapter 23 of title 10, United States Code, 
        is amended by inserting after section 485 the following new 
        section:
``Sec. 486. >  Annual reports on racial and 
                ethnic demographics in the military justice system

    ``(a) In General.--Not later than March 1 of each year, the 
Secretary of each military department shall submit to the Secretary of 
Defense a report on racial, ethnic, and sex demographics in the military 
justice system during the preceding year. In the case of the Secretary 
of the Navy, separate reports shall be prepared for the Navy and for the 
Marine Corps. In the case of the Secretary of the Air Force, separate 
reports shall be prepared for the Air Force and for the Space Force.
    ``(b) Contents.--The report of a Secretary of a military department 
for an armed force under subsection (a) shall contain, to the extent 
possible, statistics on offenses under chapter 47 of this title (the 
Uniform Code of Military Justice), during the year covered by the 
report, including--
            ``(1) the number of offenses in the armed force that were 
        reported to military officials, disaggregated by--
                    ``(A) statistical category as related to the victim; 
                and
                    ``(B) statistical category as related to the 
                principal;
            ``(2) the number of offenses in the armed forces that were 
        investigated, disaggregated by statistical category as related 
        to the principal;
            ``(3) the number of offenses in which administrative action 
        was imposed, disaggregated by statistical category as related to 
        the principal and each type of administrative action imposed;
            ``(4) the number of offenses in which non judicial 
        punishment was imposed under section 815 of this title (article 
        15 of the Uniform Code of Military Justice), disaggregated by 
        statistical category as related to the principal;
            ``(5) the number of offenses in which charges were 
        preferred, disaggregated by statistical category as related to 
        the principal;
            ``(6) the number of offenses in which charges were referred 
        to court-martial, disaggregated by statistical category as 
        related to the principal and type of court-martial;

[[Page 135 STAT. 1728]]

            ``(7) the number of offenses which resulted in conviction at 
        court-martial, disaggregated by statistical category as related 
        to the principal and type of court-martial; and
            ``(8) the number of offenses which resulted in acquittal at 
        court-martial, disaggregated by statistical category as related 
        to the principal and type of court-martial.

    ``(c) Submission to Congress.--Not later than April 30 of each year 
in which the Secretary of Defense receives reports under subsection (a), 
the Secretary of Defense shall forward the reports to the Committees on 
Armed Services of the Senate and the House of Representatives.
    ``(e) Definitions.--In this section:
            ``(1) The term `statistical category' means each of the 
        following categories:
                    ``(A) race;
                    ``(B) sex;
                    ``(C) ethnicity;
                    ``(D) rank; and
                    ``(E) offense enumerated under chapter 47 of this 
                title (the Uniform Code of Military Justice).
            ``(2) The term `principal' has the meaning given that term 
        in section 877 of this title (article 77 of the Uniform Code of 
        Military Justice).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 23 of such title >  is amended by inserting after the item relating to 
        section 485 the following new item:

``486. Annual reports on racial and ethnic demographics in the military 
           justice system.''.

    (b) >  Policy Required.--
            (1) >  Requirement.--Not later than two 
        years after the date of the enactment of this Act, the Secretary 
        of Defense shall prescribe a policy requiring information on the 
        race and ethnicity of accused individuals to be included to the 
        maximum extent practicable in the annual report required under 
        section 1631 of the Ike Skelton National Defense Authorization 
        Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 
        note).
            (2) >  Exclusion.--The policy 
        prescribed under paragraph (1) may provide for the exclusion of 
        such information based on privacy concerns, impacts on 
        accountability efforts, or other matters of importance as 
        determined and identified in such policy by the Secretary.
            (3) Publicly available.--The Secretary of Defense shall make 
        publicly available the information described in paragraph (1), 
        subject to the exclusion of such information pursuant to 
        paragraph (2).
            (4) Sunset.--The requirements of this subsection shall 
        terminate on May 1, 2028.
SEC. 549H. DOD SAFE HELPLINE AUTHORIZATION TO PERFORM INTAKE OF 
                          OFFICIAL RESTRICTED AND UNRESTRICTED 
                          REPORTS FOR ELIGIBLE ADULT SEXUAL 
                          ASSAULT VICTIMS.

    Section 584 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note) is amended--
            (1) by redesignating subsection (d) as subsection (e); and

[[Page 135 STAT. 1729]]

            (2) by inserting after subsection (c) the following new 
        subsection:

    ``(d) Authorizations for DoD Safe Helpline.--
            ``(1) Providing support and receiving official reports.--DoD 
        Safe Helpline (or any successor service to DoD Safe Helpline, if 
        any, as identified by the Secretary of Defense) is authorized to 
        provide crisis intervention and support and to perform the 
        intake of official reports of sexual assault from eligible adult 
        sexual assault victims who contact the DoD Safe Helpline or 
        other reports as directed by the Secretary of Defense.
            ``(2) Training and oversight.--DoD Safe Helpline staff shall 
        have specialized training and appropriate certification to 
        support eligible adult sexual assault victims.
            ``(3) >  Eligibility and procedures.--
        The Secretary of Defense shall prescribe regulations regarding 
        eligibility for DoD Safe Helpline services, procedures for 
        providing crisis intervention and support, and accepting 
        reports.
            ``(4) Electronic receipt of official reports of adult sexual 
        assaults.--DoD Safe Helpline shall provide the ability to 
        receive reports of adult sexual assaults through the DoD Safe 
        Helpline website and mobile phone applications, in a secure 
        manner consistent with appropriate protection of victim privacy, 
        and may offer other methods of receiving electronic submission 
        of adult sexual assault reports, as appropriate, in a manner 
        that appropriately protects victim privacy.
            ``(5) Types of reports.--Reports of sexual assault from 
        eligible adult sexual assault victims received by DoD Safe 
        Helpline (or a successor as determined by the Secretary of 
        Defense) shall include unrestricted and restricted reports, or 
        other reports as directed by the Secretary of Defense.
            ``(6) Option for entry into the catch a serial offender 
        system.--An individual making a restricted report (or a relevant 
        successor type of report or other type of appropriate report, as 
        determined by the Secretary of Defense) to the DoD Safe Helpline 
        (or a successor as determined by the Secretary of Defense) shall 
        have the option to submit information related to their report to 
        the Catch a Serial Offender system (or its successor or similar 
        system as determined by the Secretary of Defense).''.
SEC. 549I. EXTENSION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS 
                          INVOLVING MEMBERS OF THE ARMED FORCES.

    Section 1631(a) of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is 
amended by striking ``through March 1, 2021'' and inserting ``through 
March 1, 2026''.
SEC. 549J. STUDY AND REPORT ON SEXUAL ASSAULT RESPONSE COORDINATOR 
                          MILITARY OCCUPATIONAL SPECIALTY.

    (a) >  Study.--Beginning not later 
than 30 days after the date of the enactment of this Act, the Secretary 
of Defense shall initiate a personnel study to determine--
            (1) the feasibility and advisability of creating a military 
        occupational speciality for Sexual Assault Response 
        Coordinators; and

[[Page 135 STAT. 1730]]

            (2) if determined to be feasible and advisable, the optimal 
        approach to establishing and maintaining such a military 
        occupational speciality.

    (b) Report and Briefing.--
            (1) Report.--Not later than 180 days after the date of the 
        enactment of this Act the Secretary of Defense shall submit to 
        the congressional defense committees a report on the results of 
        the study conducted under subsection (a).
            (2) >  Briefing.--Not later than 30 days 
        after the date on which the report is submitted under paragraph 
        (1), the Secretary of Defense shall provide to the congressional 
        defense committees a briefing on the results of the study 
        conducted under subsection (a).

    (c) Elements.--The report and briefing under subsection (b) shall 
include the following:
            (1) >  The determination of the 
        Secretary of Defense as to whether creating a military 
        occupational speciality for Sexual Assault Response Coordinators 
        is feasible and advisable.
            (2) >  If the Secretary 
        determines that the creation of such a specialty is feasible and 
        advisable--
                    (A) >  a recommendation 
                on the rank and level of experience required for a 
                military occupational speciality for Sexual Assault 
                Response Coordinators;
                    (B) >  recommendations 
                for strengthening recruitment and retention of members 
                of the Armed Forces of the required rank and experience 
                identified under subparagraph (A), including 
                recommendations with respect to--
                          (i) designating Sexual Assault Response 
                      Coordinators as a secondary military occupational 
                      speciality instead of a primary military 
                      occupational speciality;
                          (ii) providing initial or recurrent bonuses or 
                      duty stations of choice to members who qualify for 
                      the military occupational speciality for Sexual 
                      Assault Response Coordinators;
                          (iii) limiting the amount of time that a 
                      member who has qualified for such military 
                      occupational speciality can serve as a Sexual 
                      Assault Response Coordinator in a given period; or
                          (iv) requiring evaluations, completed by an 
                      officer in the rank of O-6 or higher, for members 
                      who have qualified for such military occupational 
                      speciality and are serving as a Sexual Assault 
                      Response Coordinator;
                    (C) >  recommendations 
                for standardizing training and education for members of 
                the Armed Forces seeking a military occupational 
                speciality for Sexual Assault Response Coordinators or 
                those serving as a Sexual Assault Response Coordinator, 
                including by establishing dedicated educational programs 
                for such members within each Armed Force;
                    (D) an analysis of the impact of a military 
                occupational speciality for Sexual Assault Response 
                Coordinators on the personnel management of the existing 
                Sexual Assault Response Coordinator program, including 
                recruitment and retention;
                    (E) an analysis of the requirements for a Sexual 
                Assault Response Coordinator-specific chain of command;

[[Page 135 STAT. 1731]]

                    (F) analysis of the costs of establishing and 
                maintaining a military occupational speciality for 
                Sexual Assault Response Coordinators;
                    (G) analysis of the potential impacts of a military 
                occupational specialty for Sexual Assault Response 
                Coordinators on the mental health of personnel within 
                the specialty; and
                    (H) >  any other matters the 
                Secretary of Defense determines relevant for inclusion.
SEC. 549K. AMENDMENTS TO ADDITIONAL DEPUTY INSPECTOR GENERAL OF 
                          THE DEPARTMENT OF DEFENSE.

    Section 554(a) of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) >  is amended--
            (1) in the section heading, by striking ``deputy'' and 
        inserting ``assistant'';
            (2) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A)--
                          (i) by striking ``Secretary of Defense'' and 
                      inserting ``Inspector General of the Department of 
                      Defense''; and
                          (ii) by striking ``Deputy'' and inserting 
                      ``Assistant'';
                    (B) in subparagraph (A), by striking ``of the 
                Department''; and
                    (C) in subparagraph (B), by striking ``report 
                directly to and serve'' and inserting ``be'';
            (3) in paragraph (2)--
                    (A) in the matter preceding clause (i) of 
                subparagraph (A)--
                          (i) by striking ``Conducting and supervising'' 
                      and inserting ``Developing and carrying out a plan 
                      for the conduct of comprehensive oversight, 
                      including through the conduct and supervision 
                      of''; and
                          (ii) by striking ``evaluations'' and inserting 
                      ``inspections,'';
                    (B) in clause (ii) of subparagraph (A), by striking 
                ``, including the duties of the Inspector General under 
                subsection (b)''; and
                    (C) in subparagraph (B), by striking ``Secretary 
                or'';
            (4) in paragraph (3)(A) in the matter preceding subparagraph 
        (A), by striking ``Deputy'' and inserting ``Assistant'';
            (5) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``Deputy'' each 
                place it appears and inserting ``Assistant'';
                    (B) in subparagraph (B)--
                          (i) by striking ``Deputy'' the first place it 
                      appears;
                          (ii) by striking ``and the Inspector 
                      General'';
                          (iii) by striking ``Deputy'' the second place 
                      it appears and inserting ``Assistant''; and
                          (iv) by inserting before the period at the end 
                      the following: ``, for inclusion in the next 
                      semiannual report of the Inspector General under 
                      section 5 of the Inspector General Act of 1978 (5 
                      U.S.C. App.).'';
                    (C) in subparagraph (C)--
                          (i) by striking ``Deputy''; and
                          (ii) by striking ``and Inspector General'';
                    (D) in subparagraph (D)--

[[Page 135 STAT. 1732]]

                          (i) by striking ``Deputy'';
                          (ii) by striking ``and the Inspector 
                      General'';
                          (iii) by striking ``Secretary or''; and
                          (iv) by striking ``direct'' and inserting 
                      ``determine''; and
                    (E) in subparagraph (E)--
                          (i) by striking ``Deputy''; and
                          (ii) by striking ``of the Department'' and all 
                      that follows through ``Representatives'' and 
                      inserting ``consistent with the requirements of 
                      the Inspector General Act of 1978 (5 U.S.C. 
                      App.).''.
SEC. 549L. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF, AND 
                          RESPONSE TO, BULLYING IN THE ARMED 
                          FORCES.

    Section 549 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
            (1) in the section heading, by inserting ``and bullying'' 
        after ``hazing'';
            (2) in subsection (a)--
                    (A) in the heading, by inserting ``and anti-
                bullying'' after ``Anti-hazing''; and
                    (B) by inserting ``or bullying'' after ``hazing'' 
                both places it appears;
            (3) in subsection (b), by inserting ``and bullying'' after 
        ``hazing''; and
            (4) in subsection (c)--
                    (A) in the heading, by inserting ``and bullying'' 
                after ``hazing'';
                    (B) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking ``January 31 of each 
                                year through January 31, 2021'' and 
                                inserting ``May 31, 2023, and annually 
                                thereafter for five years,''; and
                                    (II) by striking ``each Secretary of 
                                a military department, in consultation 
                                with the Chief of Staff of each Armed 
                                Force under the jurisdiction of such 
                                Secretary,'' and inserting ``the 
                                Secretary of Defense'';
                          (ii) in subparagraph (A), by inserting ``or 
                      bullying'' after ``hazing''; and
                          (iii) in subparagraph (C), by inserting ``and 
                      anti-bullying'' after ``anti-hazing''; and
                    (C) in amending paragraph (2) to read as follows:
            ``(2) Additional elements.--Each report required by this 
        subsection shall include the following:
                    ``(A) A description of comprehensive data-collection 
                systems of each Armed Force described in subsection (b) 
                and the Office of the Secretary of Defense for 
                collecting hazing or bullying reports involving a member 
                of the Armed Forces.
                    ``(B) A description of processes of each Armed Force 
                described in subsection (b) to identify, document, and 
                report alleged instances of hazing or bullying. Such 
                description shall include the methodology each such 
                Armed Force uses to categorize and count potential 
                instances of hazing or bullying.

[[Page 135 STAT. 1733]]

                    ``(C) >  An assessment by each 
                Secretary of a military department of the quality and 
                need for training on recognizing and preventing hazing 
                and bullying provided to members under the jurisdiction 
                of such Secretary.
                    ``(D) >  An assessment by the 
                Office of the Secretary of Defense of--
                          ``(i) the effectiveness of each Armed Force 
                      described in subsection (b) in tracking and 
                      reporting instances of hazing or bullying;
                          ``(ii) whether the performance of each such 
                      Armed Force was satisfactory or unsatisfactory in 
                      the preceding fiscal year.
                    ``(E) >  Recommendations 
                of the Secretary to improve--
                          ``(i) elements described in subparagraphs (A) 
                      through (D).
                          ``(ii) the Uniform Code of Military Justice or 
                      the Manual for Courts-Martial to improve the 
                      prosecution of persons alleged to have committed 
                      hazing or bullying in the Armed Forces.
                    ``(F) The status of efforts of the Secretary to 
                evaluate the prevalence of hazing and bullying in the 
                Armed Forces.
                    ``(G) >  Data on allegations of hazing 
                and bullying in the Armed Forces, including final 
                disposition of investigations.
                    ``(H) >  Plans of the Secretary to 
                improve hazing and bullying prevention and response 
                during the next reporting year.''.
SEC. 549M. >  RECOMMENDATIONS ON SEPARATE 
                          PUNITIVE ARTICLE IN THE UNIFORM CODE OF 
                          MILITARY JUSTICE ON VIOLENT EXTREMISM.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
containing such recommendations as the Secretary considers appropriate 
with respect to the establishment of a separate punitive article in 
chapter 47 of title 10, United States Code (the Uniform Code of Military 
Justice), on violent extremism.
SEC. 549N. COMBATING FOREIGN MALIGN INFLUENCE.

    Section 589E of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) >  is amended--
            (1) by striking subsections (d) and (e); and
            (2) by inserting after subsection (c) the following new 
        subsections:

    ``(d) >  Establishment of Working Group.--(1) Not 
later than one year after the date of the enactment of this subsection, 
the Secretary of Defense shall establish a working group to assist the 
official designated under subsection (b), as follows:
            ``(A) In the identification of mediums used by covered 
        foreign countries to identify, access, and endeavor to influence 
        servicemembers and Department of Defense civilian employees 
        through foreign malign influence campaigns and the themes 
        conveyed through such mediums.

[[Page 135 STAT. 1734]]

            ``(B) >  In coordinating and 
        integrating the training program under this subsection in order 
        to enhance and strengthen servicemember and Department of 
        Defense civilian employee awareness of and defenses against 
        foreign malign influence, including by bolstering information 
        literacy.
            ``(C) In such other tasks deemed appropriate by the 
        Secretary of Defense or the official designated under subsection 
        (b).

    ``(2) >  The official designed under 
subsection (b) and the working group established under this subsection 
shall consult with the Foreign Malign Influence Response Center 
established pursuant to section 3059 of title 50, United States Code.

    ``(e) Report Required.--Not later than 18 months after the 
establishment of the working group, the Secretary shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the results of the working group, its 
activities, the effectiveness of the counter foreign malign influence 
activities carried out under this section, the metrics applied to 
determined effectiveness, and the actual costs associated with actions 
undertaken pursuant to this section.
    ``(f) Definitions.--In this section:
            ``(1) Foreign malign influence.--The term `foreign malign 
        influence' has the meaning given that term in section 119C of 
        the National Security Act of 1947 (50 U.S.C. 3059).
            ``(2) Covered foreign country.--The term `covered foreign 
        country' has the meaning given that term in section 119C of the 
        National Security Act of 1947 (50 U.S.C. 3059)
            ``(3) Information literacy.--The term `information literacy' 
        means the set of skills needed to find, retrieve, understand, 
        evaluate, analyze, and effectively use information (which 
        encompasses spoken and broadcast words and videos, printed 
        materials, and digital content, data, and images).''.

         Subtitle F--Member Education, Training, and Transition

SEC. 551. TROOPS-TO-TEACHERS PROGRAM.

    (a) Requirement to Carry Out Program.--Section 1154(b) of title 10, 
United States Code, is amended by striking ``may'' and inserting 
``shall''.
    (b) Reporting Requirement.--Section 1154 of title 10, United States 
Code, is amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following new 
        subsection:

    ``(i) Annual Report.--(1) Not later than December 1, 2022, and 
annually thereafter, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the Program.
    ``(2) The report required under paragraph (1) shall include the 
following elements:
            ``(A) The total cost of the Program for the most recent 
        fiscal year.
            ``(B) The total number of teachers placed during such fiscal 
        year and the locations of such placements.

[[Page 135 STAT. 1735]]

            ``(C) >  An assessment of the STEM 
        backgrounds of the teachers placed, the number of placements in 
        high-need schools, and any other metric or information the 
        Secretary considers appropriate to illustrate the cost and 
        benefits of the program to members of the armed forces, 
        veterans, and local educational agencies.

    ``(3) >  In this subsection, the term 
`appropriate congressional committees' means--
            ``(A) the Committee on Armed Services and the Committee on 
        Help, Education, Labor, and Pensions of the Senate; and
            ``(B) the Committee on Armed Services and the Committee on 
        Education and Labor of the House of Representatives.''.

    (c) Sunset.--Section 1154 of title 10, United States Code, as 
amended by subsection (b), is further amended by adding at the end the 
following new subsection:
    ``(k) Sunset.--The Program shall terminate on July 1, 2025, with 
respect to the selection of new participants for the program. 
Participants in the Program as of that date may complete their program, 
and remain eligible for benefits under this section.''.
SEC. 552. CODIFICATION OF HUMAN RELATIONS TRAINING FOR CERTAIN 
                        MEMBERS OF THE ARMED FORCES.

    (a) In General.--Chapter 101 of title 10, United States Code, is 
amended by inserting before section 2002 the following new section:
``Sec. 2001. >  Human relations training

    ``(a) Human Relations Training.--(1)(A) The Secretary of Defense 
shall ensure that the Secretary of each military department conducts 
ongoing programs for human relations training for all members of the 
armed forces under the jurisdiction of the Secretary.
    ``(B) Matters covered by such training include race relations, equal 
opportunity, opposition to gender discrimination, and sensitivity to 
hate group activity.
    ``(C) Such training shall be provided during basic training (or 
other initial military training) and on a regular basis thereafter.
    ``(2) The Secretary of Defense shall ensure that a unit commander is 
aware of the responsibility to ensure that impermissible activity, based 
upon discriminatory motives, does not occur in a unit under the command 
of such commander.
    ``(b) Information Provided to Prospective Recruits.--The Secretary 
of Defense shall ensure that--
            ``(1) each individual preparing to enter an officer 
        accession program or to execute an original enlistment agreement 
        is provided information concerning the meaning of the oath of 
        office or oath of enlistment for service in the armed forces in 
        terms of the equal protection and civil liberties guarantees of 
        the Constitution; and
            ``(2) each such individual is informed that if supporting 
        such guarantees is not possible personally for that individual, 
        then that individual should decline to enter the armed 
        forces.''.

    (b) Technical and Conforming Amendments.--
            (1) Technical amendment.--The table of sections at the 
        beginning of such chapter >  is 
        amended by inserting before the item relating to section 2002 
        the following new item:

``2001. Human relations training.''.


[[Page 135 STAT. 1736]]


            (2) >  Conforming amendment.--Section 571 of 
        the National Defense Authorization Act for Fiscal Year 1997 
        (Public Law 104-201; 10 U.S.C. 113 note) is repealed.

    (c) >  Briefing.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
brief the Committees on Armed Services of the Senate and House of 
Representatives regarding--
            (1) implementation of section 2001 of such title, as added 
        by subsection (a); and
            (2) >  legislation the Secretary 
        determines necessary to complete such implementation.
SEC. 553. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE MILITARY 
                        SERVICE ACADEMIES IN THE EVENT OF THE 
                        DEATH, RESIGNATION, OR EXPULSION FROM 
                        OFFICE OF A MEMBER OF CONGRESS.

    (a) United States Military Academy.--
            (1) In general.--Chapter 753 of title 10, United States 
        Code, is amended by inserting after section 7442 the following 
        new section:
``Sec. 7442a. >  Cadets: nomination in event 
                    of death, resignation, or expulsion from 
                    office of Member of Congress otherwise 
                    authorized to nominate

    ``(a) Senators.--In the event a Senator does not submit all 
nominations for cadets allocated to such Senator for an academic year in 
accordance with section 7442(a)(3) of this title, due to death, 
resignation from office, or expulsion from office, and the date of the 
swearing-in of the Senator's successor as Senator occurs after the date 
of the deadline for submittal of nominations for cadets for the academic 
year, the nominations for cadets for such academic year, otherwise 
authorized to be made by the Senator pursuant to such section, may be 
made instead by the other Senator from the State of such Representative.
    ``(b) Representatives.--In the event a Representative does not 
submit all nominations for cadets allocated to such Representative for 
an academic year in accordance with section 7442(a)(4) of this title, 
due to death, resignation from office, or expulsion from office, and the 
date of the swearing-in of the Representative's successor as 
Representative occurs after the date of the deadline for submittal of 
nominations for cadets for the academic year, the nominations for cadets 
for such academic year, otherwise authorized to be made by the 
Representative pursuant to such section, may be made instead by the 
Senators from the State of such Representative, with such nominations 
divided equally among such Senators and any remainder going to the 
senior Senator from the State.
    ``(c) Rule of Construction.--The nomination of a cadet by a Member 
of Congress pursuant to this section shall not be construed to 
permanently reallocate nominations under section 7442 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 753 of such title >  is amended by inserting after the item relating to 
        section 7442 the following new item:

``7442a. Cadets: nomination in event of death, resignation, or expulsion 
           from office of Member of Congress otherwise authorized to 
           nominate.''.

    (b) United States Naval Academy.--

[[Page 135 STAT. 1737]]

            (1) In general.--Chapter 853 of title 10, United States 
        Code, is amended by inserting after section 8454 the following 
        new section:
``Sec. 8454a. >  Midshipmen: nomination in 
                    event of death, resignation, or expulsion from 
                    office of Member of Congress otherwise 
                    authorized to nominate

    ``(a) Senators.--In the event a Senator does not submit all 
nominations for midshipmen allocated to such Senator for an academic 
year in accordance with section 8454(a)(3) of this title, due to death, 
resignation from office, or expulsion from office, and the date of the 
swearing-in of the Senator's successor as Senator occurs after the date 
of the deadline for submittal of nominations for midshipmen for the 
academic year, the nominations for midshipmen for such academic year, 
otherwise authorized to be made by the Senator pursuant to such section, 
may be made instead by the other Senator from the State of such 
Representative.
    ``(b) Representatives.--In the event a Representative does not 
submit all nominations for midshipmen allocated to such Representative 
for an academic year in accordance with section 8454(a)(4) of this 
title, due to death, resignation from office, or expulsion from office, 
and the date of the swearing-in of the Representative's successor as 
Representative occurs after the date of the deadline for submittal of 
nominations for midshipmen for the academic year, the nominations for 
midshipmen for such academic year, otherwise authorized to be made by 
the Representative pursuant to such section, may be made instead by the 
Senators from the State of such Representative, with such nominations 
divided equally among such Senators and any remainder going to the 
senior Senator from the State.
    ``(c) Rule of Construction.--The nomination of a midshipman by a 
Member of Congress pursuant to this section shall not be construed to 
permanently reallocate nominations under section 8454 of this title.''.
            (2) >  Clerical amendment.--The 
        table of sections at the beginning of chapter 853 of such title 
        is amended by inserting after the item relating to section 8454 
        the following new item:

``8454a. Midshipmen: nomination in event of death, resignation, or 
           expulsion from office of Member of Congress otherwise 
           authorized to nominate.''.

    (c) Air Force Academy.--
            (1) In general.--Chapter 953 of title 10, United States 
        Code, is amended by inserting after section 9442 the following 
        new section:
``Sec. 9442a. >  Cadets: nomination in event 
                    of death, resignation, or expulsion from 
                    office of Member of Congress otherwise 
                    authorized to nominate

    ``(a) Senators.--In the event a Senator does not submit all 
nominations for cadets allocated to such Senator for an academic year in 
accordance with section 9442(a)(3) of this title, due to death, 
resignation from office, or expulsion from office, and the date of the 
swearing-in of the Senator's successor as Senator occurs after the date 
of the deadline for submittal of nominations for cadets for the academic 
year, the nominations for cadets for such academic year, otherwise 
authorized to be made by the Senator pursuant to such section, may be 
made instead by the other Senator from the State of such Representative.

[[Page 135 STAT. 1738]]

    ``(b) Representatives.--In the event a Representative does not 
submit all nominations for cadets allocated to such Representative for 
an academic year in accordance with section 9442(a)(4) of this title, 
due to death, resignation from office, or expulsion from office, and the 
date of the swearing-in of the Representative's successor as 
Representative occurs after the date of the deadline for submittal of 
nominations for cadets for the academic year, the nominations for cadets 
for such academic year, otherwise authorized to be made by the 
Representative pursuant to such section, may be made instead by the 
Senators from the State of such Representative, with such nominations 
divided equally among such Senators and any remainder going to the 
senior Senator from the State.
    ``(c) Rule of Construction.--The nomination of a cadet by a Member 
of Congress pursuant to this section shall not be construed to 
permanently reallocate nominations under section 9442 of this title.''.
            (2) >  Clerical amendment.--The 
        table of sections at the beginning of chapter 953 of such title 
        is amended by inserting after the item relating to section 9442 
        the following new item:

``9442a. Cadets: nomination in event of death, resignation, or expulsion 
           from office of Member of Congress otherwise authorized to 
           nominate.''.

    (d) Report.--Not later than September 30, 2022, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report regarding implementation of the 
amendments under this section, including--
            (1) >  the estimate of the Secretary 
        regarding the frequency with which the authorities under such 
        amendments will be used each year; and
            (2) the number of times a Member of Congress has failed to 
        submit nominations to the military academies due to death, 
        resignation from office, or expulsion from office.
SEC. 554. AUTHORITY OF PRESIDENT TO APPOINT SUCCESSORS TO MEMBERS 
                        OF BOARD OF VISITORS OF MILITARY ACADEMIES 
                        WHOSE TERMS HAVE EXPIRED.

    (a) United States Military Academy.--Section 7455(b) of title 10, 
United States Code, is amended by striking ``is appointed'' and 
inserting ``is appointed by the President''.
    (b) United States Naval Academy.--Section 8468(b) of title 10, 
United States Code, is amended by striking ``is appointed'' and 
inserting ``is appointed by the President''.
    (c) United States Air Force Academy.--Section 9455(b)(1) of title 
10, United States Code, is amended by striking ``is designated'' and 
inserting ``is designated by the President''.
    (d) United States Coast Guard Academy.--Section 1903(b)(2)(B) of 
title 14, United States Code, is amended by striking ``is appointed'' 
and inserting ``is appointed by the President''.
SEC. 555. >  MEETINGS OF THE BOARD OF 
                        VISITORS OF A MILITARY SERVICE ACADEMY: 
                        VOTES REQUIRED TO CALL; HELD IN PERSON OR 
                        REMOTELY.

    (a) United States Military Academy.--Section 7455 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(i)(1) A majority of the members of the Board may call an official 
meeting of the Board once per year.

[[Page 135 STAT. 1739]]

    ``(2) A member may attend such meeting--
            ``(A) in person, at the Academy; or
            ``(B) remotely, at the election of such member.''.

    (b) United States Naval Academy.--Section 8468 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(i)(1) A majority of the members of the Board may call an official 
meeting of the Board once per year.
    ``(2) A member may attend such meeting--
            ``(A) in person, at the Academy; or
            ``(B) remotely, at the election of such member.''.

    (c) United States Air Force Academy.--Section 9455 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(i)(1) A majority of the members of the Board may call an official 
meeting of the Board once per year.
    ``(2) A member may attend such meeting--
            ``(A) in person, at the Academy; or
            ``(B) remotely, at the election of such member.''.
SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.

    (a) Authority to Award Bachelor's Degrees.--Section 2168 of title 
10, United States Code, is amended--
            (1) in the section heading, by striking ``Associate'' and 
        inserting ``Associate or Bachelor''; and
            (2) by amending subsection (a) to read as follows:

    ``(a) Subject to subsection (b), the Commandant of the Defense 
Language Institute may confer--
            ``(1) an Associate of Arts degree in a foreign language upon 
        any graduate of the Foreign Language Center of the Institute who 
        fulfills the requirements for that degree; or
            ``(2) a Bachelor of Arts degree in a foreign language upon 
        any graduate of the Foreign Language Center of the Institute who 
        fulfills the requirements for that degree.''.

    (b) >  Clerical Amendment.--The table of 
sections at the beginning of chapter 108 of title 10, United States 
Code, is amended by striking the item relating to section 2168 and 
inserting the following new item:

``2168. Defense Language Institute Foreign Language Center: degree of 
           Associate or Bachelor of Arts in foreign language.''.

SEC. 557. UNITED STATES NAVAL COMMUNITY COLLEGE.

    (a) Establishment.--Chapter 859 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 8595. >  United States Naval Community 
                  College: establishment and degree granting 
                  authority

    ``(a) Establishment and Function.--There is a United States Naval 
Community College. The primary function of such College shall be to 
provide--
            ``(1) programs of academic instruction and professional and 
        technical education for individuals described in subsection (b) 
        in--
                    ``(A) academic and technical fields of the liberal 
                arts and sciences which are relevant to the current and 
                future needs of the Navy and Marine Corps, including in 
                designated fields of national and economic importance 
                such

[[Page 135 STAT. 1740]]

                as cybersecurity, artificial intelligence, machine 
                learning, data science, and software engineering; and
                    ``(B) their practical duties;
            ``(2) remedial, developmental, or continuing education 
        programs, as prescribed by the Secretary of the Navy, which are 
        necessary to support, maintain, or extend programs under 
        paragraph (1);
            ``(3) support and advisement services for individuals 
        pursuing such programs; and
            ``(4) continuous monitoring of the progress of such 
        individuals.

    ``(b) Individuals Eligible for Programs.--Subject to such other 
eligibility requirements as the Secretary of the Navy may prescribe, the 
following individuals are eligible to participate in programs and 
services under subsection (a):
            ``(1) Enlisted members of the Navy and Marine Corps.
            ``(2) Officers of the Navy and Marine Corps who hold a 
        commission but have not completed a postsecondary degree.
            ``(3) Civilian employees of the Department of the Navy.
            ``(4) Other individuals, as determined by the Secretary of 
        the Navy, so long as access to programs and services under 
        subsection (a) by such individuals is--
                    ``(A) in alignment with the mission of the United 
                States Naval Community College; and
                    ``(B) determined to support the mission or needs of 
                the Department of the Navy.

    ``(c) >  Degree and Credential Granting 
Authority.--
            ``(1) >  In general.--Under regulations 
        prescribed by the Secretary of the Navy, the head of the United 
        States Naval Community College may, upon the recommendation of 
        the directors and faculty of the College, confer appropriate 
        degrees or academic credentials upon graduates who meet the 
        degree or credential requirements.
            ``(2) Limitation.--A degree or credential may not be 
        conferred under this subsection unless--
                    ``(A) the Secretary of Education has recommended 
                approval of the degree or credential in accordance with 
                the Federal Policy Governing Granting of Academic 
                Degrees by Federal Agencies; and
                    ``(B) the United States Naval Community College is 
                accredited by the appropriate civilian academic 
                accrediting agency or organization to award the degree 
                or credential, as determined by the Secretary of 
                Education.
            ``(3) >  Congressional notification 
        requirements.--
                    ``(A) When seeking to establish degree or credential 
                granting authority under this subsection, the Secretary 
                of Defense shall submit to the Committees on Armed 
                Services of the Senate and House of Representatives--
                          ``(i) >  a copy of the self 
                      assessment questionnaire required by the Federal 
                      Policy Governing Granting of Academic Degrees by 
                      Federal Agencies, at the time the assessment is 
                      submitted to the Department of Education's 
                      National Advisory Committee on Institutional 
                      Quality and Integrity; and
                          ``(ii) the subsequent recommendations and 
                      rationale of the Secretary of Education regarding 
                      the

[[Page 135 STAT. 1741]]

                      establishment of the degree or credential granting 
                      authority.
                    ``(B) Upon any modification or redesignation of 
                existing degree or credential granting authority, the 
                Secretary of Defense shall submit to the Committees on 
                Armed Services of the Senate and House of 
                Representatives a report containing the rationale for 
                the proposed modification or redesignation and any 
                subsequent recommendation of the Secretary of Education 
                on the proposed modification or redesignation.
                    ``(C) The Secretary of Defense shall submit to the 
                Committees on Armed Services of the Senate and House of 
                Representatives a report containing an explanation of 
                any action by the appropriate academic accrediting 
                agency or organization not to accredit the United States 
                Naval Community College to award any new or existing 
                degree or credential.

    ``(d) Civilian Faculty Members.--
            ``(1) Authority of secretary.--The Secretary of the Navy may 
        employ as many civilians as professors, instructors, and 
        lecturers at the United States Naval Community College as the 
        Secretary considers necessary.
            ``(2) Compensation.--The compensation of persons employed 
        under this subsection shall be prescribed by the Secretary of 
        the Navy.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 859 of title 10, United States Code, >  is amended by adding at the end the following new item:

``8595. United States Naval Community College: establishment and degree 
           granting authority.''.

SEC. 558. CODIFICATION OF ESTABLISHMENT OF UNITED STATES AIR FORCE 
                        INSTITUTE OF TECHNOLOGY.

    (a) In General.--Chapter 951 of title 10, United States Code, is 
amended by inserting before section 9414 the following new section:
``Sec. 9413. >  United States Air Force 
                  Institute of Technology: establishment

    ``There is in the Department of the Air Force a United States Air 
Force Institute of Technology, the purposes of which are to perform 
research and to provide, to members of the Air Force and Space Force 
(including the reserve components) and civilian employees of such 
Department, advanced instruction and technical education regarding their 
duties.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter >  is amended by inserting, 
before the item relating to section 9414, the following new item:

``9413. United States Air Force Institute of Technology: 
           establishment.''.

SEC. 559. CONCURRENT USE OF DEPARTMENT OF DEFENSE TUITION 
                        ASSISTANCE AND MONTGOMERY GI BILL-SELECTED 
                        RESERVE BENEFITS.

    (a) In General.--Section 16131 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(k)(1) In the case of an individual entitled to educational 
assistance under this chapter who is pursuing education or training 
described in subsection (a) or (c) of section 2007 of this title on

[[Page 135 STAT. 1742]]

a half-time or more basis, the Secretary concerned shall, at the 
election of the individual, pay the individual educational assistance 
allowance under this chapter for pursuit of such education or training 
as if the individual were not also eligible to receive or in receipt of 
educational assistance under section 2007 for pursuit of such education 
or training.
    ``(2) Concurrent receipt of educational assistance under section 
2007 of this title and educational assistance under this chapter shall 
not be considered a duplication of benefits if the individual is 
enrolled in a program of education on a half-time or more basis.''.
    (b) Conforming Amendments.--Section 2007(d) of such title is 
amended--
            (1) in paragraph (1), by inserting ``or chapter 1606 of this 
        title'' after ``of title 38''; and
            (2) in paragraph (2), by inserting ``, in the case of 
        educational assistance under chapter 30 of such title, and 
        section 16131(k), in the case of educational assistance under 
        chapter 1606 of this title'' before the period at the end.
SEC. 559A. >  REGULATIONS ON CERTAIN 
                          PARENTAL GUARDIANSHIP RIGHTS OF CADETS 
                          AND MIDSHIPMEN.

    (a) >  Regulations Required.--Not 
later than one year after the date of the enactment of this Act, the 
Secretary of Defense, after consultation with the Secretaries of the 
military departments and the Superintendent of each military service 
academy, shall prescribe regulations that include the option to preserve 
parental guardianship rights of a cadet or midshipman who becomes 
pregnant or fathers a child while attending a military service academy, 
consistent with the individual and academic responsibilities of such 
cadet or midshipman.

    (b) >  Briefings; Report.--
            (1) Interim briefing.--Not later than May 1, 2022, the 
        Secretary of Defense shall provide to the Committees on Armed 
        Services of the Senate and House of Representatives an interim 
        briefing on the development of the regulations prescribed under 
        subsection (a).
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and House of 
        Representatives a report on any legislation the Secretary 
        determines necessary to implement the regulations prescribed 
        under subsection (a).
            (3) Final briefing.--Not later than one year after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the Committees on Armed Services of the Senate and 
        House of Representatives a final briefing on the regulations 
        prescribed under subsection (a).

    (c) Rule of Construction.--Nothing in this section shall be 
construed to change, or require a change to, any admission requirement 
at a military service academy.
    (d) Military Service Academy Defined.--In this section, the term 
``military service academy'' means the following:
            (1) The United States Military Academy.
            (2) The United States Naval Academy.
            (3) The United States Air Force Academy.

[[Page 135 STAT. 1743]]

SEC. 559B. >  DEFENSE LANGUAGE CONTINUING 
                          EDUCATION PROGRAM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Personnel and 
Readiness shall establish policies and procedures to provide, to 
linguists of the covered Armed Forces who have made the transition from 
formal training programs to operational and staff assignments, 
continuing language education to maintain their respective language 
proficiencies.
    (b) Reimbursement Authority.--
            (1) >  In general.--Not later than one 
        year after the date of the enactment of this Act, the Under 
        Secretary, in coordination with the chief of each covered Armed 
        Force, shall establish a procedure by which the covered Armed 
        Force concerned may reimburse an organization of the Department 
        of Defense that provides, to members of such covered Armed 
        Force, continuing language education, described in subsection 
        (a), for the costs of such education.
            (2) Sunset.--The authority under this subsection shall 
        expire on September 30, 2025.

    (c) Briefing.--Not later than July 1, 2022, the Under Secretary 
shall brief the Committees on Armed Services of the Senate and House of 
Representatives on implementation of this section and plans regarding 
continuing language education described in subsection (a).
    (d) Covered Armed Force Defined.--In this section, the term 
``covered Armed Force'' means the Army, Navy, Air Force, Marine Corps, 
or Space Force.
SEC. 559C. PROHIBITION ON IMPLEMENTATION BY UNITED STATES AIR 
                          FORCE ACADEMY OF CIVILIAN FACULTY TENURE 
                          SYSTEM.

    The >  Secretary of Defense may not 
implement a civilian faculty tenure system for the United States Air 
Force Academy (in this section referred to as the ``Academy'') until the 
Secretary submits to the Committees on Armed Services of the Senate and 
the House of Representatives a report assessing the following:
            (1) How a civilian faculty tenure system would promote the 
        mission of the Academy.
            (2) How a civilian faculty tenure system would affect the 
        current curricular governance process of the Academy.
            (3) How the Academy will determine the number of civilian 
        faculty at the Academy who would be granted tenure.
            (4) How a tenure system would be structured for Federal 
        employees at the Academy, including exact details of specific 
        protections and limitations.
            (5) The budget implications of implementing a tenure system 
        for the Academy.
            (6) The faculty qualifications that would be required to 
        earn and maintain tenure.
            (7) The reasons for termination of tenure that will be 
        implemented and how a tenure termination effort would be 
        conducted.
SEC. 559D. >  PROFESSIONAL MILITARY 
                          EDUCATION: REPORT; DEFINITION.

    (a) Report.--

[[Page 135 STAT. 1744]]

            (1) >  In general.--Not later than 
        July 1, 2022, the Secretary of Defense, in consultation with the 
        Chairman of the Joint Chiefs of Staff, shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report setting forth the results of a review 
        and assessment of the definition of professional military 
        education in the Department of Defense and the military 
        departments as specified in subsection (c).
            (2) >  Elements.--The report under this 
        subsection shall include the following elements:
                    (A) >  A consolidated summary of 
                all definitions of the term ``professional military 
                education'' used in the Department of Defense and the 
                military departments.
                    (B) A description of how such term is used in the 
                Department of Defense in educational institutions, 
                associated schools, programs, think tanks, research 
                centers, and support activities.
                    (C) An analysis of how such term--
                          (i) applies to tactical, operational, and 
                      strategic settings; and
                          (ii) is linked to mission requirements.
                    (D) An analysis of how professional military 
                education has been applied and linked through all levels 
                of Department of Defense education and training.
                    (E) The applicability of professional military 
                education to the domains of warfare, including land, 
                air, sea, space, and cyber.
                    (F) With regards to online and virtual learning in 
                professional military education--
                          (i) an analysis of the use of such learning; 
                      and
                          (ii) student satisfaction in comparison to 
                      traditional classroom learning.

    (b) >  Definition.--Not later than 
one year after the date of the enactment of this Act, the Secretary of 
Defense, in coordination with the Chairman of the Joint Chiefs of Staff 
and the Secretaries of the military departments, using the report under 
subsection (a), shall standardize the definition of ``professional 
military education'' across the military departments and the Department 
of Defense.
SEC. 559E. REPORT ON TRAINING AND EDUCATION OF MEMBERS OF THE 
                          ARMED FORCES REGARDING SOCIAL REFORM AND 
                          UNHEALTHY BEHAVIORS.

    (a) >  Report Required.--Not later than June 
1, 2022, the Secretary of Defense, in consultation with the Secretaries 
of the military departments, shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on training 
and courses of education offered to covered members regarding--
            (1) sexual assault;
            (2) sexual harassment;
            (3) extremism;
            (4) domestic violence;
            (5) diversity, equity, and inclusion;
            (6) military equal opportunity;
            (7) suicide prevention; and
            (8) substance abuse.

[[Page 135 STAT. 1745]]

    (b) Elements.--The report under subsection (a) shall identify, with 
regard to each training or course of education, the following:
            (1) Sponsor.
            (2) Location.
            (3) Method.
            (4) Frequency.
            (5) Number of covered members who have participated.
            (6) Legislation, regulation, instruction, or guidance that 
        requires such training or course (if applicable).
            (7) Metrics of--
                    (A) performance;
                    (B) effectiveness; and
                    (C) data collection.
            (8) Responsibilities of the Secretary of Defense or 
        Secretary of a military department to--
                    (A) communicate with non-departmental entities;
                    (B) process feedback from trainers, trainees, and 
                such entities;
                    (C) connect such training or course to tactical, 
                operational, and strategic goals; and
                    (D) connect such training or course to other 
                training regarding social reform and unhealthy behavior.
            (9) >  Analyses of--
                    (A) whether the metrics described in paragraph (7) 
                are standardized across the military departments;
                    (B) mechanisms used to engage non-departmental 
                entities to assist in the development of such training 
                or courses;
                    (C) incentives used to ensure the effectiveness of 
                such training or courses;
                    (D) how each training or courses is intended to 
                change behavior; and
                    (E) costs of such training and courses.
            (10) >  Recommendations of the 
        Secretary of Defense to improve such training or courses, 
        including the estimated costs to implement such improvements.
            (11) >  Any other information the 
        Secretary of Defense determines relevant.

    (c) Covered Member Defined.--In this section, the term ``covered 
member'' means a member of an Armed Force under the jurisdiction of the 
Secretary of a military department.
SEC. 559F. REPORT ON STATUS OF ARMY TUITION ASSISTANCE PROGRAM 
                          ARMY IGNITED PROGRAM.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of the Army shall submit to the 
congressional defense committees a report on the status of the Army 
IgnitED program of the Army's Tuition Assistance Program.
    (b) Elements.--The report required under subsection (a) shall 
describe--
            (1) the estimated date when the Army IgnitED program will be 
        fully functional;
            (2) the estimated date when service members will be 
        reimbursed for out of pocket expenses caused by processing 
        delays and errors under the Army IgnitED program; and
            (3) the estimated date when institutions of higher education 
        will be fully reimbursed for all costs typically provided 
        through

[[Page 135 STAT. 1746]]

        the Tuition Assistance Program but delayed due to processing 
        delays and errors under the Army IgnitED program.
SEC. 559G. BRIEFING ON CADETS AND MIDSHIPMEN WITH SPEECH 
                          DISORDERS.

    Not >  later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall brief the 
Committees on Armed Services of the Senate and House of Representatives 
regarding nominees, who have speech disorders, to each military service 
academy. Such briefing shall include the following:
            (1) The number of such nominees were offered admission to 
        the military service academy concerned.
            (2) The number of nominees described in paragraph (1) who 
        were denied admission on the basis of such disorder.
            (3) Whether the admission process to a military service 
        academy includes testing for speech disorders.
            (4) The current medical standards of each military service 
        academy regarding speech disorders.
            (5) Whether the Superintendent of each military service 
        academy provides speech therapy to mitigate speech disorders--
                    (A) of nominees to such military service academy to 
                facilitate admission of such nominees; and
                    (B) of the cadets or midshipman at such military 
                service academy.

     Subtitle G--Military Family Readiness and Dependents' Education

SEC. 561. EXPANSION OF SUPPORT PROGRAMS FOR SPECIAL OPERATIONS 
                        FORCES PERSONNEL AND IMMEDIATE FAMILY 
                        MEMBERS.

    Section 1788a(e) of title 10, United States Code, is amended--
            (1) in paragraph (4), by striking ``covered personnel'' and 
        inserting ``covered individuals''; and
            (2) in paragraph (5)--
                    (A) by striking ``covered personnel'' and inserting 
                ``covered individuals'';
                    (B) in subparagraph (B), by striking ``and'' at the 
                end;
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(D) immediate family members of individuals 
                described in subparagraphs (A) or (B) in a case in which 
                such individual died--
                          ``(i) as a direct result of armed conflict;
                          ``(ii) while engaged in hazardous service;
                          ``(iii) in the performance of duty under 
                      conditions simulating war; or
                          ``(iv) through an instrumentality of war.''.
SEC. 562. IMPROVEMENTS TO THE EXCEPTIONAL FAMILY MEMBER PROGRAM.

    (a) Expansion of Advisory Panel on Community Support for Military 
Families With Special Needs.--Section 563(d)(2)

[[Page 135 STAT. 1747]]

of the National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111-84; 10 U.S.C. 1781c note) is amended--
            (1) by striking ``seven'' and inserting ``nine'';
            (2) by inserting ``, appointed by the Secretary of 
        Defense,'' after ``individuals'';
            (3) by inserting ``each'' before ``a member'';
            (4) by striking the second sentence and inserting ``In 
        appointing individuals to the panel, the Secretary shall ensure 
        that--''; and
            (5) by adding at the end the following:
                    ``(A) one individual is the spouse of an enlisted 
                member;
                    ``(B) one individual is the spouse of an officer in 
                a grade below O-6;
                    ``(C) one individual is a junior enlisted member;
                    ``(D) one individual is a junior officer;
                    ``(E) individuals reside in different geographic 
                regions;
                    ``(F) one individual is a member serving at a remote 
                installation or is a member of the family of such a 
                member; and
                    ``(G) at least two individuals are members serving 
                on active duty, each with a dependent who--
                          ``(i) is enrolled in the Exceptional Family 
                      Member Program; and
                          ``(ii) has an individualized education 
                      program.''.

    (b) >  
Relocation.--The Secretary of the military department concerned may, if 
such Secretary determines it feasible, permit a covered member who 
receives permanent change of station orders to elect, not later than 14 
days after such receipt, from at least two locations that provide 
support for the dependent of such covered member with a special need.

    (c) >  Family Member 
Medical Summary.--The Secretary of a military department, in 
coordination with the Director of the Defense Health Agency, shall 
require that a family member medical summary, completed by a licensed 
and credentialed medical provider, is accessible in the electronic 
health record of the Department of Defense for subsequent review by a 
licensed medical provider.

    (d) Covered Member Defined.--In this section, the term ``covered 
member'' means a member of an Armed Force--
            (1) under the jurisdiction of the Secretary of a military 
        department; and
            (2) with a dependent with a special need.
SEC. 563. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
                        BENEFIT DEPENDENTS OF MILITARY AND 
                        CIVILIAN PERSONNEL.

    (a) Continuation of Authority to Assist Local Educational Agencies 
That Benefit Dependents of Members of the Armed Forces and Department of 
Defense Civilian Employees.--
            (1) Assistance to schools with significant numbers of 
        military dependent students.--Of the amount authorized to be 
        appropriated for fiscal year 2022 by section 301 and available 
        for operation and maintenance for Defense-wide activities as 
        specified in the funding table in section 4301, $50,000,000 
        shall be available only for the purpose of providing assistance 
        to local educational agencies under subsection (a)

[[Page 135 STAT. 1748]]

        of section 572 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
            (2) Local educational agency defined.--In this subsection, 
        the term ``local educational agency'' has the meaning given that 
        term in section 7013(9) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7713(9)).

    (b) Impact Aid for Children With Severe Disabilities.--
            (1) In general.--Of the amount authorized to be appropriated 
        for fiscal year 2022 pursuant to section 301 and available for 
        operation and maintenance for Defense-wide activities as 
        specified in the funding table in section 4301, $10,000,000 
        shall be available for payments under section 363 of the Floyd 
        D. Spence National Defense Authorization Act for Fiscal Year 
        2001 (as enacted into law by Public Law 106-398; 114 Stat. 
        1654A-77; 20 U.S.C. 7703a).
            (2) Additional amount.--Of the amount authorized to be 
        appropriated for fiscal year 2022 pursuant to section 301 and 
        available for operation and maintenance for Defense-wide 
        activities as specified in the funding table in section 4301, 
        $10,000,000 shall be available for use by the Secretary of 
        Defense to make payments to local educational agencies 
        determined by the Secretary to have higher concentrations of 
        military children with severe disabilities.
            
        (3) >  
        Report.--Not later than March 31, 2022, the Secretary shall 
        brief the Committees on Armed Services of the Senate and the 
        House of Representatives on the Department's evaluation of each 
        local educational agency with higher concentrations of military 
        children with severe disabilities and subsequent determination 
        of the amounts of impact aid each such agency shall receive.
SEC. 564. >  PILOT PROGRAM TO ESTABLISH 
                        EMPLOYMENT FELLOWSHIP OPPORTUNITIES FOR 
                        MILITARY SPOUSES.

    (a) >  Establishment.--Not later than 
one year after the date of the enactment of this Act, the Secretary of 
Defense may establish a three-year pilot program to provide employment 
support to the spouses of members of the Armed Forces through a paid 
fellowship with employers across a variety of 
industries. > In carrying out the pilot program, 
the Secretary shall take the following steps:
            (1) >  Enter into a contract or other 
        agreement to conduct a career fellowship pilot program for 
        military spouses.
            (2) Determine the appropriate capacity for the pilot program 
        based on annual funding availability.
            (3) >  Establish evaluation criteria to 
        determine measures of effectiveness and cost-benefit analysis of 
        the pilot program in supporting military spouse employment.

    (b) Limitation on Total Amount of Assistance.--The total amount of 
the pilot program may not exceed $5,000,000 over the life of the pilot.
    (c) Reports.--Not later than two years after the Secretary 
establishes the pilot program, the Secretary shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives an interim report that includes the following elements:
            (1) The number of spouses who participated in the pilot 
        program annually.

[[Page 135 STAT. 1749]]

            (2) The amount of funding spent through the pilot program 
        annually.
            (3) >  A recommendation of the 
        Secretary regarding whether to discontinue, expand, or make the 
        pilot program permanent.

    (d) Final Report.--Not later than 180 days after the pilot program 
ends, the Secretary shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a final report that includes 
the following elements:
            (1) The number of spouses who participated in the pilot 
        program.
            (2) The amount of funding spent through the pilot program.
            (3) >  An evaluation of outcomes.
            (4) >  A recommendation of the 
        Secretary regarding whether to make the pilot program permanent.

    (e) Termination.--The pilot program shall terminate three years 
after the date on which the Secretary establishes the pilot program.
SEC. 565. >  POLICY REGARDING REMOTE 
                        MILITARY INSTALLATIONS.

    (a) >  Policy.--Not later than 
December 1, 2022, the Secretary of Defense, in consultation with the 
Secretaries of the military departments, shall develop a uniform policy 
for how to--
            (1) identify remote military installations; and
            (2) >  assess and manage challenges 
        associated with remote military installations and military 
        personnel assigned to remote locations.

    (b) Elements.--The policy under subsection (a) shall address the 
following:
            (1) Activities and facilities for the morale, welfare, and 
        recreation of members of the Armed Forces.
            (2) Availability of housing, located on and off remote 
        military installations.
            (3) Educational services for dependents of members of the 
        Armed Forces, located on and off remote military installations.
            (4) Availability of health care.
            (5) Employment opportunities for military spouses.
            (6) Risks associated with having insufficient support 
        services for members of the Armed Forces and their dependents.

    (c) Report.--Not later than March 1, 2023, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report setting forth the policy under this 
section.
    (d) Military Installation Defined.--In this section, the term 
``military installation'' has the meaning given that term in section 
2801 of title 10, United States Code.
SEC. 566. >  IMPLEMENTATION OF GAO 
                        RECOMMENDATION ON IMPROVED COMMUNICATION 
                        OF BEST PRACTICES TO ENGAGE MILITARY 
                        SPOUSES WITH CAREER ASSISTANCE RESOURCES.

    (a) Plan Required.--The Secretary of Defense shall develop a plan to 
implement the recommendation of the Comptroller General of the United 
States, to address strategies for sharing information on outreach to 
military spouses regarding career assistance resources, in the report of 
the Government Accountability Office titled ``Military Spouse 
Employment: DOD Should Continue Assessing State Licensing Practices and 
Increase Awareness of

[[Page 135 STAT. 1750]]

Resources'' (GAO-21-193). >  The plan shall include 
the following elements:
            (1) A summary of actions that have been taken to implement 
        the recommendation.
            (2) A summary of actions that will be taken to implement the 
        recommendation, including how the Secretary plans to--
                    (A) engage military services and installations, 
                members of the Spouse Ambassador Network, and other 
                local stakeholders to obtain information on the outreach 
                approaches and best practices used by military 
                installations and stakeholders;
                    (B) overcome factors that may limit use of best 
                practices;
                    (C) disseminate best practices to relevant 
                stakeholders; and
                    (D) identify ways to and better coordinate with the 
                Secretaries of Veterans Affairs, Labor, and Housing and 
                Urban Development; and
                    (E) >  a schedule, with specific 
                milestones, for completing implementation of the 
                recommendation.

    (b) Implementation; Deadline.--Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Defense shall carry 
out activities to implement the plan developed under subsection (a).
SEC. 567. STUDY ON EMPLOYMENT OF MILITARY SPOUSES.

    (a) Study.--
            (1) In general.--The Secretary of Defense shall conduct a 
        study to identify employment barriers affecting military 
        spouses.
            (2) >  Elements.--The study conducted 
        under paragraph (1) shall determine the following:
                    (A) The rate or prevalence of military spouses who 
                are currently employed and whether such military spouses 
                have children.
                    (B) The rate or prevalence of military spouses who 
                are underemployed.
                    (C) In connection with subparagraph (B), whether a 
                military spouse would have taken a different position of 
                employment if the military spouse were not impacted by 
                the spouse who is a member of the Armed Forces.
                    (D) The rate or prevalence of military spouses who, 
                due to military affiliation, have experienced 
                discrimination by civilian employers, including loss of 
                employment, denial of a promotion, and difficulty in 
                being hired.
                    (E) Any other barriers of entry into the local 
                workforce for military spouses, including--
                          (i) state licensure requirements;
                          (ii) availability of childcare;
                          (iii) access to broadband;
                          (iv) job availability in military communities; 
                      and
                          (v) access to housing.

    (b) >  Report.--Not later than one year 
after the date of the enactment of this section, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing the results of the study conducted under this section, 
including any

[[Page 135 STAT. 1751]]

policy recommendations to address employment barriers identified by the 
study.

    (c) Definitions.--In this section:
            (1) Military spouse.--The term ``military spouse'' means the 
        spouse of a member of the Armed Forces serving on active duty.
            (2) Congressional defense committees.--The term 
        ``congressional defense committees'' has the meaning given that 
        term in section 101(a)(16) of title 10, United States Code.
SEC. 568. >  BRIEFING ON EFFORTS OF COMMANDERS 
                        OF MILITARY INSTALLATIONS TO CONNECT 
                        MILITARY FAMILIES WITH LOCAL ENTITIES THAT 
                        PROVIDE SERVICES TO MILITARY FAMILIES.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall brief the Committees on Armed Services of 
the Senate and House of Representatives on how and the extent to which 
commanders of military installations connect military families with 
local nonprofit and government entities that provide services to 
military families, including assistance with housing.
SEC. 569. >  BRIEFING ON PROCESS TO CERTIFY 
                        REPORTING OF ELIGIBLE FEDERALLY CONNECTED 
                        CHILDREN FOR PURPOSES OF FEDERAL IMPACT 
                        AID PROGRAMS.

    (a) Briefing.--Not later April 1, 2022, the Secretary of Defense 
shall brief the Committees on Armed Services of the Senate and House of 
Representatives on the following:
            (1) The feasibility of developing a written process whereby 
        an installation commander can certify the information contained 
        in impact aid source check forms received by such installation 
        commander from local educational agencies.
            (2) Benefits of working with local educational agencies to 
        certify impact aid source check forms are submitted in the 
        appropriate manner.
            (3) >  An estimated timeline to implement 
        such a certification process.

    (b) Definitions.--In this section:
            (1) The term ``impact aid source check form'' means a form 
        submitted to a military installation by a local educational 
        agency to confirm the number and identity of children eligible 
        to be counted for purposes of the Federal impact aid program 
        under section 7003(a) of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7703(a)).
            (2) The term ``local educational agency'' has the meaning 
        given that term in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
SEC. 569A. BRIEFING ON LEGAL SERVICES FOR FAMILIES ENROLLED IN THE 
                          EXCEPTIONAL FAMILY MEMBER PROGRAM.

    (a) >  Briefing Required.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall brief the Committees on Armed Services of the Senate and House of 
Representatives on the provision of legal services, under section 
582(b)(7) of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283), to families 
enrolled in EFMP.

[[Page 135 STAT. 1752]]

    (b) Elements.--The briefing shall include the following elements:
            (1) Training, provided by civilian attorneys or judge 
        advocates general, regarding special education.
            (2) Casework, relating to special education, of such 
        civilian attorneys and judge advocates general.
            (3) Information on how such legal services tie in to broader 
        EFMP support under the Individuals with Disabilities Education 
        Act (Public Law 91-230), including the geographic support model.
            (4) >  Other matters regarding such 
        legal services that the Secretary of Defense determines 
        appropriate.
            (5) >  Costs of such elements described in 
        paragraphs (1) through (4).

    (c) Definitions.--In this section:
            (1) The term ``EFMP'' means the Exceptional Family Member 
        Program.
            (2) The terms ``child with a disability'', ``free 
        appropriate public education'', and ``special education'' have 
        the meanings given those terms in section 602 of the Individuals 
        with Disabilities Education Act (20 U.S.C. 1401).
SEC. 569B. GAO REVIEW OF PRESERVATION OF THE FORCE AND FAMILY 
                          PROGRAM OF UNITED STATES SPECIAL 
                          OPERATIONS COMMAND: BRIEFING; REPORT.

    (a) Review.--The Comptroller General of the United States shall 
conduct a review of POTFF. Such review shall include the following:
            (1) >  With regards to current programs 
        and activities of POTFF, an assessment of the sufficiency of the 
        following domains:
                    (A) Human performance.
                    (B) Psychological and behavioral health.
                    (C) Social and family readiness.
                    (D) Spiritual.
            (2) >  A description of efforts of the 
        Commander of United States Special Operations Command to assess 
        the unique needs of members of special operations forces, 
        including women and minorities.
            (3) A description of plans of the Commander to improve POTFF 
        to better address the unique needs of members of special 
        operations forces.
            (4) Changes in costs to the United States to operate POTFF 
        since implementation.
            (5) Rates of participation in POTFF, including--
                    (A) the number of individuals who participate;
                    (B) frequency of use by such individuals; and
                    (C) geographic locations where such individuals 
                participate.
            (6) >  Methods by which data on POTFF 
        is collected and analyzed.
            (7) >  Outcomes used to determine the 
        effects of POTFF on members of special operations forces and 
        their immediate family members, including a description of the 
        effectiveness of POTFF in addressing unique needs of such 
        individuals.
            (8) >  Any other matter the 
        Comptroller General determines appropriate.

[[Page 135 STAT. 1753]]

    (b) >  Briefing.--Not later than 90 days after the 
date of the enactment of this Act, the Comptroller General shall brief 
the appropriate committees on the preliminary findings of the 
Comptroller General under such review.

    (c) Report.--The Comptroller General shall submit to the appropriate 
committees a final report on such review at a date mutually agreed upon 
by the Comptroller General and the appropriate committees.
    (d) Definitions.--In this section:
            (1) The term ``appropriate committees'' means the Committees 
        on Armed Services of the Senate and House of Representatives.
            (2) The term ``POTFF'' means the Preservation of the Force 
        and Family Program of United States Special Operations Command 
        under section 1788a of title 10, United States Code.
            (3) The term ``special operations forces'' means the forces 
        described in section 167(j) of title 10, United States Code.

                   Subtitle H--Diversity and Inclusion

SEC. 571. >  REDUCTION OF GENDER-RELATED 
                        INEQUITIES IN COSTS OF UNIFORMS TO MEMBERS 
                        OF THE ARMED FORCES.

    (a) >  Establishment 
of Criteria.--Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense, acting through the Under Secretary 
of Defense for Personnel and Readiness and in coordination with the 
Secretaries of the military departments, shall establish criteria, 
consistent across the Armed Forces, for determining which uniform or 
clothing items across the Armed Forces are considered uniquely military 
for purposes of calculating the standard cash clothing replacement 
allowances, in part to reduce differences in out-of pocket costs 
incurred by enlisted members of the Armed Forces across the military 
services and by gender within an Armed Force.

    (b) Reviews.--
            (1) >  Quinquennial review.--The 
        Under Secretary shall review the criteria established under 
        subsection (a) every five years after such establishment and 
        recommend to the Secretaries of the military departments 
        adjustments to clothing allowances for enlisted members if such 
        allowances are insufficient to pay for uniquely military items 
        determined pursuant to such criteria.
            (2) >  
        Periodic reviews.--The Secretary of Defense, acting through the 
        Under Secretary of Defense for Personnel and Readiness, and in 
        coordination with the Secretaries of the military departments, 
        shall periodically review--
                    (A) all uniform clothing plans of each Armed Force 
                under the jurisdiction of the Secretary of a military 
                department to identify data needed to facilitate cost 
                discussions and make recommendations described in 
                paragraph (1);
                    (B) not less than once every five years, 
                calculations of each Armed Force for standard clothing 
                replacement allowances for enlisted members, in order to 
                develop a standard by which to identify differences 
                described in subsection (a);
                    (C) not less than once every 10 years, initial 
                clothing allowances for officers, in order to identify 
                data necessary

[[Page 135 STAT. 1754]]

                to facilitate cost discussions and make recommendations 
                described in paragraph (1); and
                    (D) >  all plans of 
                each Armed Force under the jurisdiction of the Secretary 
                of a military department for changing uniform items to 
                determine if such planned changes will result in 
                differences described in subsection (a).

    (c) >  Regulations.--Not later than September 30, 
2022, each Secretary of a military department shall prescribe 
regulations that ensure the following:
            (1) The out-of-pocket cost to an officer or enlisted member 
        of an Armed Force for a mandatory uniform item (or part of such 
        uniform) may not exceed such cost to another officer or enlisted 
        member of that Armed Force for such uniform (or part, or 
        equivalent part, of such uniform) solely based on gender.
            (2) If a change to a uniform of an Armed Force affects only 
        enlisted members of one gender, an enlisted member of such 
        gender in such Armed Force shall be entitled to an allowance 
        equal to the out-of-pocket cost to the officer or enlisted 
        member relating to such change.
            (3) An individual who has separated or retired, or been 
        discharged or dismissed, from the Armed Forces, shall not 
        entitled to an allowance under paragraph (2).

    (d) >  Report.--Not later than December 
31, 2022, the Secretary of Defense, in coordination with the Secretaries 
of the military departments, shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on--
            (1) the estimated production costs and average retail prices 
        of military clothing items for members (including officers and 
        enlisted members) of each Armed Force; and
            (2) a comparison of costs for male and female military 
        clothing items for members of each Armed Force.
SEC. 572. STUDY ON NUMBER OF MEMBERS OF THE ARMED FORCES WHO 
                        IDENTIFY AS HISPANIC OR LATINO.

    The >  Secretary of Defense shall seek to enter 
into an agreement with a federally funded research and development 
center to conduct a study of the following:
            (1) The number of members of the regular components of the 
        Armed Forces (including cadets and midshipmen at the military 
        service academies) who identify as Hispanic or Latino, separated 
        by rank.
            (2) A comparison of the percentage of the members described 
        in paragraph (1) with the percentage of the population of the 
        United States who are eligible to enlist or commission in the 
        Armed Forces who identify as Hispanic or Latino.
            (3) A comparison of how each of the Armed Forces recruits 
        individuals who identify as Hispanic or Latino.
            (4) A comparison of how each of the Armed Forces retains 
        both officer and enlisted members who identify as Hispanic or 
        Latino.
            (5) A comparison of how each of the Armed Forces promotes 
        both officer and enlisted members who identify as Hispanic or 
        Latino.

[[Page 135 STAT. 1755]]

SEC. 573. INCLUSION OF MILITARY SERVICE ACADEMIES, OFFICER 
                        CANDIDATE AND TRAINING SCHOOLS, AND THE 
                        SENIOR RESERVE OFFICERS' TRAINING CORPS 
                        DATA IN DIVERSITY AND INCLUSION REPORTING.

    Section 113 of title 10, United States Code, is amended--
            (1) in subsection (c)(2), by inserting before the semicolon 
        the following: ``, including the status of diversity and 
        inclusion in the military service academies, the Officer 
        Candidate and Training Schools, and the Senior Reserve Officers' 
        Training Corps programs of such department''; and
            (2) in subsection (m)--
                    (A) by redesignating paragraphs (5), (6), and (7) as 
                paragraphs (6), (7), and (8), respectively; and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) The number of graduates of the Senior Reserve 
        Officers' Training Corps during the fiscal year covered by the 
        report, disaggregated by gender, race, and ethnicity, for each 
        military department.''.
SEC. 574. EXTENSION OF DEADLINE FOR GAO REPORT ON EQUAL 
                        OPPORTUNITY AT THE MILITARY SERVICE 
                        ACADEMIES.

    Section 558 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) >  is amended, in the matter preceding paragraph (1), by 
striking ``one year after the date of the enactment of this Act'' and 
inserting ``May 31, 2022''.

  Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other 
                                 Matters

SEC. 581. MODIFIED DEADLINE FOR ESTABLISHMENT OF SPECIAL PURPOSE 
                        ADJUNCT TO ARMED SERVICES VOCATIONAL 
                        APTITUDE BATTERY TEST.

    Section 594 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) >  is amended by striking ``Not later than one year after 
the date of the enactment of this Act'' and inserting ``Not later than 
October 1, 2024''.
SEC. 582. >  AUTHORIZATIONS FOR CERTAIN AWARDS.

    (a) Medal of Honor to Charles R. Johnson for Acts of Valor During 
the Korean War.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Medal of Honor under section 7271 of 
        such title to Charles R. Johnson for the acts of valor described 
        in paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Charles R. Johnson on June 11 
        and 12, 1953, as a member of the Army serving in Korea, for 
        which he was awarded the Silver Star.

    (b) Medal of Honor to Wataru Nakamura for Acts of Valor During the 
Korean War.--

[[Page 135 STAT. 1756]]

            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Medal of Honor under section 7271 of 
        such title to Wataru Nakamura for the acts of valor described in 
        paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Wataru Nakamura on May 18, 
        1951, as a member of the Army serving in Korea, for which he was 
        awarded the Distinguished-Service Cross.

    (c) Medal of Honor to Bruno R. Orig for Acts of Valor During the 
Korean War.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Medal of Honor under section 7271 of 
        such title to Bruno R. Orig for the acts of valor described in 
        paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Bruno R. Orig on Februray 15, 
        1951, as a member of the Army serving in Korea, for which he was 
        awarded the Distinguished-Service Cross.

    (d) Medal of Honor to Dennis M. Fujii for Acts of Valor During the 
Vietnam War.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Medal of Honor under section 7271 of 
        such title to Dennis M. Fujii for the acts of valor described in 
        paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Dennis M. Fujii on February 18 
        through 22, 1971, as a member of the Army serving in the 
        Republic of Vietnam, for which he was awarded the Distinguished-
        Service Cross.

    (e) Medal of Honor to Edward N. Kaneshiro, for Acts of Valor During 
the Vietnam War.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Medal of Honor under section 7271 of 
        such title to Edward N. Kaneshiro for the acts of valor 
        described in paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Edward N. Kaneshiro on 
        December 1, 1966, as a member of the Army serving in Vietnam, 
        for which he was awarded the Distinguished-Service Cross.

    (f) Distinguished-Service Cross to Earl R. Fillmore, Jr. for Acts of 
Valor in Somalia.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or

[[Page 135 STAT. 1757]]

        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Distinguished-Service Cross under 
        section 7272 of such title to Earl R. Fillmore, Jr. for the acts 
        of valor described in paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Earl R. Fillmore, Jr. on 
        October 3, 1993, as a member of the Army serving in Somalia, for 
        which he was awarded the Silver Star.

    (g) Distinguished-Service Cross to Robert L. Mabry for Acts of Valor 
in Somalia.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Distinguished-Service Cross under 
        section 7272 of such title to Robert L. Mabry for the acts of 
        valor described in paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Robert L. Mabry on October 3 
        and 4, 1993, as a member of the Army serving in Somalia, for 
        which he was awarded the Silver Star.

    (h) Distinguished-Service Cross to John G. Macejunas for Acts of 
Valor in Somalia.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Distinguished-Service Cross under 
        section 7272 of such title to John G. Macejunas for the acts of 
        valor described in paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of John G. Macejunas on October 3 
        and 4, 1993, as a member of the Army serving in Somalia, for 
        which he was awarded the Silver Star.

    (i) Distinguished-Service Cross to William F. Thetford for Acts of 
Valor in Somalia.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Distinguished-Service Cross under 
        section 7272 of such title to William F. Thetford for the acts 
        of valor described in paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of William F. Thetford on October 
        3 and 4, 1993, as a member of the Army serving in Somalia, for 
        which he was awarded the Silver Star.
SEC. 583. >  ESTABLISHMENT OF THE 
                        ATOMIC VETERANS COMMEMORATIVE SERVICE 
                        MEDAL.

    (a) Service Medal Required.--The Secretary of Defense shall design 
and produce a commemorative military service medal, to be known as the 
``Atomic Veterans Commemorative Service Medal'', to commemorate the 
service and sacrifice of veterans who were instrumental in the 
development of our nations atomic and nuclear weapons programs.

[[Page 135 STAT. 1758]]

    (b) Eligibility Requirements.--
(1) >  The Secretary of Defense shall, 
within 180 days after the date of enactment of this Act, determine 
eligibility requirements for this medal.

    (2) >  Sixty days prior to publishing 
the eligibility requirements for this medal, the Secretary of Defense 
shall submit proposed eligibility criteria under paragraph (1) to the 
Committees on Armed Services of the Senate and House of Representatives 
for comment.

    (3) The Secretary of Defense may require persons to submit 
supporting documentation for the medal authorized in subsection (a) to 
determine eligibility under paragraph (1).
    (c) Distribution of Medal.--
            (1) Issuance to retired and former members.--At the request 
        of an eligible veteran, the Secretary of Defense shall issue the 
        Atomic Veterans Commemorative Service Medal to the eligible 
        veteran.
            (2) Issuance to next-of-kin.--In the case of a veteran who 
        is deceased, the Secretary may provide for issuance of the 
        Atomic Veterans Commemorative Service Medal to the next-of-kin 
        of the persons. >  If applications for a 
        medal are filed by more than one next of kin of a person 
        eligible to receive a medal under this section, the Secretary of 
        Defense shall determine which next-of-kin will receive the 
        medal.
            (3) Application.--The Secretary shall prepare and 
        disseminate as appropriate an application by which veterans and 
        their next-of-kin may apply to receive the Atomic Veterans 
        Service Medal.

    (d) Authorization of Appropriations.--There is authorized to be 
appropriated such sum as may be necessary to carry out this section.
SEC. 584. >  UPDATES AND PRESERVATION OF 
                        MEMORIALS TO CHAPLAINS AT ARLINGTON 
                        NATIONAL CEMETERY.

    (a) Updates and Preservation of Memorials.--
            (1) Protestant chaplains memorial.--The Secretary of the 
        Army may permit NCMAF--
                    (A) to modify the memorial to Protestant chaplains 
                located on Chaplains Hill to include a granite, marble, 
                or other stone base for the bronze plaque of the 
                memorial;
                    (B) to provide an updated bronze plaque, described 
                in subparagraph (A), including the name of each 
                chaplain, verified as described in subsection (b), who 
                died while serving on active duty in the Armed Forces 
                after the date on which the original memorial was 
                placed; and
                    (C) >  to make such other 
                updates and corrections to the memorial that the 
                Secretary determines necessary.
            (2) >  Catholic and jewish chaplain 
        memorials.--The Secretary of the Army may permit NCMAF to update 
        and make corrections to the Catholic and Jewish chaplain 
        memorials located on Chaplains Hill that the Secretary 
        determines necessary.
            (3) No cost to federal government.--The activities of NCMAF 
        authorized by this subsection shall be carried out at no cost to 
        the Federal Government.

    (b) Verification of Names.--NCMAF may not include the name of a 
chaplain on a memorial on Chaplains Hill under subsection (a) unless 
that name has been verified by the Chief of Chaplains of the Army, Navy, 
or Air Force or the Chaplain of

[[Page 135 STAT. 1759]]

the United States Marine Corps, depending on the branch of the Armed 
Forces in which the chaplain served.
    (c) >  Prohibition on Expansion of 
Memorials.--Except as provided in subsection (a)(1)(A), this section may 
not be construed as authorizing the expansion of any memorial that is 
located on Chaplains Hill as of the date of the enactment of this Act.

    (d) Definitions.--In this section:
            (1) >  The term ``Chaplains Hill'' 
        means the area in Arlington National Cemetery that, as of the 
        date of the enactment of this Act, is generally identified and 
        recognized as Chaplains Hill.
            (2) The term ``NCMAF'' means the National Conference on 
        Ministry to the Armed Forces or any successor organization 
        recognized in law for purposes of the operation of this section.
SEC. 585. REPORTS ON SECURITY FORCE PERSONNEL PERFORMING 
                        PROTECTION LEVEL ONE DUTIES.

    (a) In General.--The Secretary of the Air Force shall submit to the 
congressional defense committees a report on the status of security 
force personnel performing protection level one (PL-1) duties--
            (1) not later than 90 days after the date of the enactment 
        of this Act; and
            (2) concurrent with the submission to Congress of the budget 
        of the President for each of fiscal years 2023 through 2027 
        pursuant to section 1105(a) of title 31, United States Code.

    (b) Elements.--Each report required by subsection (a) shall include 
the following:
            (1) The number of Air Force personnel performing, and the 
        number of unfilled billets designated for performance of, PL-1 
        duties on a full-time basis during the most recent fiscal year 
        that ended before submission of the report.
            (2) The number of such personnel disaggregated by mission 
        assignment during that fiscal year.
            (3) The number of such personnel and unfilled billets at 
        each major PL-1 installation during that fiscal year and a 
        description of the rank structure of such personnel.
            (4) >  A statement of the time, by rank 
        structure, such personnel were typically assigned to perform PL-
        1 duties at each major PL-1 installation during that fiscal 
        year.
            (5) The retention rate for security personnel performing 
        such duties during that fiscal year.
            (6) The number of Air Force PL-1 security force members 
        deployed to support another Air Force mission or a joint mission 
        with another military department during that fiscal year.
            (7) A description of the type of training for security 
        personnel performing PL-1 duties during that fiscal year.
            (8) >  An assessment of the status of 
        replacing the existing fleet of high mobility multipurpose 
        wheeled vehicles (HMMWV) and BearCat armored vehicles, by PL-1 
        installation.
            (9) >  Such other matters as the 
        Secretary considers appropriate relating to security force 
        personnel performing PL-1 duties during the period of five 
        fiscal years after submission of the report.

[[Page 135 STAT. 1760]]

SEC. 586. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES.

    (a) >  Study.--The Comptroller General of the 
United States shall evaluate the tattoo policies of each Armed Force, 
including--
            (1) the effects of such policies on recruitment, retention, 
        reenlistment of members of the Armed Forces; and
            (2) processes for waivers to such policies to recruit, 
        retain, or reenlist members who have unauthorized tattoos.

    (b) >  Briefing.--Not later than March 31, 2022, 
the Comptroller General shall brief the Committees on Armed Services of 
the Senate and House of Representatives on preliminary findings of such 
evaluation.

    (c) Report.--Not later than July 1, 2022, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate and House 
of Representatives a report containing the final results of such 
evaluation.
SEC. 587. BRIEFING REGARDING BEST PRACTICES FOR COMMUNITY 
                        ENGAGEMENT IN HAWAII.

    (a) >  Briefing Required.--Not later than 90 days 
after the date of the enactment of this Act, the Assistant Secretary of 
Defense and the Secretaries of the military departments shall jointly 
submit to Congress a briefing on best practices for coordinating 
relations with State and local governmental entities in the State of 
Hawaii.

    (b) Best Practices.--The best practices referred to in subsection 
(a) shall address each of the following issues:
            (1) >  Identify comparable locations with 
        joint base military installations or of other densely populated 
        metropolitan areas with multiple military installations and 
        summarize lessons learns from any similar efforts to engage with 
        the community and public officials.
            (2) Identify all the major community engagement efforts by 
        the services, commands, installations and other military 
        organizations in the State of Hawaii.
            (3) >  Evaluate the current community 
        outreach efforts to identify any outreach gaps or coordination 
        challenges that undermine the military engagement with the local 
        community and elected official in the State of Hawaii.
            (4) >  Propose options available to create 
        an enhanced, coordinated community engagement effort in the 
        State of Hawaii based on the department's evaluation.
            (5) Resources to support the coordination described in this 
        subsection, including the creation of joint liaison offices that 
        are easily accessible to public officials to facilitate 
        coordinating relations with State and local governmental 
        agencies.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Basic needs allowance for members on active service in the 
           Armed Forces.
Sec. 602. Equal incentive pay for members of the reserve components of 
           the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Repeal of expiring travel and transportation authorities.
Sec. 605. Requirements in connection with suspension of retired pay and 
           retirement annuities.
Sec. 606. Report on relationship between basic allowance for housing and 
           sizes of military families.

[[Page 135 STAT. 1761]]

Sec. 607. Report on certain moving expenses for members of the Armed 
           Forces.
Sec. 608. Report on temporary lodging expenses in competitive housing 
           markets.
Sec. 609. Report on rental partnership programs.

                  Subtitle B--Bonus and Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay 
           authorities.

                Subtitle C--Family and Survivor Benefits

Sec. 621. Extension of paid parental leave.
Sec. 622. Bereavement leave for members of the Armed Forces.
Sec. 623. Travel and transportation allowances for family members to 
           attend the funeral and memorial services of members.
Sec. 624. Expansion of pilot program to provide financial assistance to 
           members of the Armed Forces for in-home child care.
Sec. 625. Pilot program on direct hire authority for spouses of members 
           of the uniformed services at locations outside the United 
           States.
Sec. 626. Casualty assistance program: reform; establishment of working 
           group.

                   Subtitle D--Defense Resale Matters

Sec. 631. Additional sources of funds available for construction, 
           repair, improvement, and maintenance of commissary stores.

              Subtitle E--Miscellaneous Rights and Benefits

Sec. 641. Alexander Lofgren Veterans in Parks program.

                     Subtitle A--Pay and Allowances

SEC. 601. BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE SERVICE IN 
                        THE ARMED FORCES.

    (a) In General.--Chapter 7 of title 37, United States Code, is 
amended by inserting after section 402a the following new section:
``Sec. 402b. >  Basic needs allowance for 
                  members on active service in the Armed Forces

    ``(a) >  Allowance Required.--The Secretary 
concerned shall pay to each member who is eligible under subsection (b) 
a basic needs allowance in the amount determined for such member under 
subsection (c).

    ``(b) Eligible Members.--A member on active service in the armed 
forces is eligible for the allowance under subsection (a) if--
            ``(1) the member has completed initial entry training;
            ``(2) the gross household income of the member during the 
        most recent calendar year did not exceed an amount equal to 130 
        percent of the Federal poverty guidelines of the Department of 
        Health and Human Services for the location of the member and the 
        number of individuals in the household of the member for such 
        year; and
            ``(3) the member--
                    ``(A) is not ineligible for the allowance under 
                subsection (d); and
                    ``(B) does not elect under subsection (g) not to 
                receive the allowance.

    ``(c) Amount of Allowance.--The amount of the monthly allowance 
payable to a member under subsection (a) shall be the amount equal to--
            ``(1)(A) 130 percent of the Federal poverty guidelines of 
        the Department of Health and Human Services for the calendar 
        year during which the allowance is paid based on the location of 
        the member and the number of individuals in the household

[[Page 135 STAT. 1762]]

        of the member during the month for which the allowance is paid; 
        minus
            ``(B) the gross household income of the member during the 
        preceding calendar year; divided by
            ``(2) 12.

    ``(d) Bases of Ineligibility.--
            ``(1) In general.--The following members are ineligible for 
        the allowance under subsection (a):
                    ``(A) A member who does not have any dependents.
                    ``(B) A cadet at the United States Military Academy, 
                the United States Air Force Academy, or the Coast Guard 
                Academy, a midshipman at the United States Naval 
                Academy, or a cadet or midshipman serving elsewhere in 
                the armed forces.
            ``(2) Household with more than one eligible member.--In the 
        event a household contains two or more members determined under 
        subsection (f) to be eligible to receive the allowance under 
        subsection (a), only one allowance may be paid to a member among 
        such members as such members shall jointly elect.
            ``(3) Automatic ineligibility of members receiving certain 
        pay increases.--A member determined to be eligible under 
        subsection (f) for the allowance under subsection (a) whose 
        monthly gross household income increases as a result of a 
        promotion or other permanent increase to pay or allowances under 
        this title to an amount that, on an annualized basis, would 
        exceed the amount described in subsection (b)(2) is ineligible 
        for the allowance. If such member is receiving the allowance, 
        payment of the allowance shall automatically terminate within a 
        reasonable time, as determined by the Secretary of Defense in 
        regulations prescribed under subsection (j).
            ``(4) Ineligibility of certain changes in income.--A member 
        whose gross household income for the preceding year decreases 
        because of a fine, forfeiture, or reduction in rank imposed as a 
        part of disciplinary action or an action under chapter 47 of 
        title 10 (the Uniform Code of Military Justice) is not eligible 
        for the allowance under subsection (a) solely as a result of the 
        fine, forfeiture, or reduction in rank.

    ``(e) Application by Members Seeking Allowance.--
            ``(1) >  In general.--A member who 
        seeks to receive the allowance under subsection (a) shall submit 
        to the Secretary concerned an application for the allowance that 
        includes such information as the Secretary may require in order 
        to determine whether or not the member is eligible to receive 
        the allowance.
            ``(2) >  Timing of submission.--A member who 
        receives the allowance under subsection (a) and seeks to 
        continue to receive the allowance shall submit to the Secretary 
        concerned an updated application under paragraph (1) at such 
        times as the Secretary may require, but not less frequently than 
        annually.
            ``(3) Voluntary submission.--The submission of an 
        application under paragraph (1) is voluntary.
            ``(4) Screening of members for eligibility.--The Secretary 
        of Defense shall--
                    ``(A) ensure that all members of the armed forces 
                are screened during initial entry training and regularly 
                thereafter for eligibility for the allowance under 
                subsection (a); and

[[Page 135 STAT. 1763]]

                    ``(B) >  notify any member so 
                screened who may be eligible that the member may apply 
                for the allowance by submitting an application under 
                paragraph (1).

    ``(f) Determinations of Eligibility.--
            ``(1) In general.--The Secretary concerned shall--
                    ``(A) determine which members of the armed forces 
                are eligible under subsection (b); and
                    ``(B) >  notify each such 
                member, in writing, of that determination.
            ``(2) Information included in notice.--The notice under 
        paragraph (1) shall include information regarding financial 
        management and assistance programs for which the member may be 
        eligible.

    ``(g) Election Not to Receive Allowance.--
            ``(1) In general.--A member determined under subsection (f) 
        to be eligible for the allowance under subsection (a) may elect, 
        in writing, not to receive the allowance.
            ``(2) Deemed ineligible.--A member who does not submit an 
        application under subsection (e) within a reasonable time (as 
        determined by the Secretary concerned) shall be deemed 
        ineligible for the allowance under subsection (a).

    ``(h) Special Rule for Members Stationed Outside United States.--In 
the case of a member assigned to a duty location outside the United 
States, the Secretary concerned shall make the calculations described in 
subsections (b)(2) and (c)(1) using the Federal poverty guidelines of 
the Department of Health and Human Services for the continental United 
States.
    ``(i) >  Regulations.--Not later than one year 
after the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2022, the Secretary of Defense shall prescribe 
regulations for the administration of this section.

    ``(j) Effective Period.--
            ``(1) Implementation period.--The allowance under subsection 
        (a) is payable for months beginning on or after the date that is 
        one year after the date of the enactment of the National Defense 
        Authorization Act for Fiscal Year 2022.
            ``(2) Termination.--The allowance under subsection (a) may 
        not be paid for any month beginning after December 31, 2027.

    ``(k) Definitions.--In this section:
            ``(1) Gross household income.--The term `gross household 
        income', with respect to a member of the armed forces, 
        includes--
                    ``(A) all household income, derived from any source; 
                minus
                    ``(B) in the case of a member whom the Secretary 
                concerned determines resides in an area with a high cost 
                of living, any portion of the basic allowance for 
                housing under section 403 of this title that the 
                Secretary concerned elects to exclude.
            ``(2) Household.--The term `household' means a member of the 
        armed forces and any dependents of the member enrolled in the 
        Defense Enrollment Eligibility Reporting System, regardless of 
        the location of those dependents.''.

    (b) Study.--

[[Page 135 STAT. 1764]]

            (1) In general.--The Secretary of Defense shall conduct a 
        study on food insecurity in the Armed Forces. Results of such 
        study shall include the following elements:
                    (A) >  An analysis of food deserts 
                that affect members of the Armed Forces, and their 
                families, who live in areas with high costs of living.
                    (B) A comparison of--
                          (i) >  the current 
                      method employed by the Secretary of Defense to 
                      determine areas with high costs of living;
                          (ii) local level indicators used by the Bureau 
                      of Labor Statistics that indicate buying power and 
                      consumer spending in specific geographic areas;
                          (iii) indicators used by the Department of 
                      Agriculture in market basket analyses and other 
                      measures of local and regional food costs.
                    (C) The feasibility of implementing a web portal for 
                a member of any Armed Force to apply for the allowance 
                under section 402b of title 37, United States Code, 
                added by subsection (a), including--
                          (i) cost;
                          (ii) ease of use;
                          (iii) access;
                          (iv) privacy; and
                          (v) >  any other factor 
                      the Secretary determines appropriate.
                    (D) >  The development of a 
                process to determine an appropriate allowance to 
                supplement the income of members who suffer food 
                insecurity.
                    (E) Outcomes of forums with beneficiaries, military 
                service organizations, and advocacy groups to elicit 
                information regarding the effects of food insecurity on 
                members and their dependents. The Secretary of Defense 
                and each Secretary of a military department shall 
                conduct at least one such forum, only one of which may 
                be conducted in the National Capital Region.
                    (F) >  An estimate of costs 
                to implement each recommendation of the Secretary 
                developed pursuant to this paragraph.
                    (G) Any other information the Secretary determines 
                appropriate.
            (2) >  Briefing.--Not later than April 1, 
        2022, the Secretary shall brief the Committees on Armed Services 
        of the Senate and House of Representatives on initial findings 
        of the study.
            (3) Report.--Not later than October 1, 2022, the Secretary 
        shall submit to the Committees on Armed Services of the Senate 
        and House of Representatives a report containing the final 
        results of the study.
            (4) Definitions.--In this subsection:
                    (A) The term ``food desert'' means an area, 
                determined by the Secretary of Defense, where it is 
                difficult to obtain affordable or high-quality fresh 
                food.
                    (B) The term ``National Capital Region'' has the 
                meaning given such term in section 2674 of title 10, 
                United States Code.

    (c) Reports on Effects of Allowance on Food Insecurity.--Not later 
than December 31, 2025, and June 1, 2028, the Secretary of Defense shall 
submit to the congressional defense

[[Page 135 STAT. 1765]]

committees a report regarding the effect of the allowance under section 
402b of title 37, United States Code, added by subsection (a), on food 
insecurity among members of the Armed Forces.
    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title >  is amended by 
inserting after the item relating to section 402a the following new 
item:

``402b. Basic needs allowance for members on active service in the Armed 
           Forces.''.

SEC. 602. EQUAL INCENTIVE PAY FOR MEMBERS OF THE RESERVE 
                        COMPONENTS OF THE ARMED FORCES.

    (a) In General.--Subchapter II of chapter 5 of title 37, United 
States Code, is amended by adding at the end the following new section:
``Sec. 357. >  Incentive pay authorities for 
                members of the reserve components of the armed 
                forces

    ``Notwithstanding section 1004 of this title, the Secretary 
concerned shall pay a member of the reserve component of an armed force 
incentive pay in the same monthly amount as that paid to a member in the 
regular component of such armed force performing comparable work 
requiring comparable skills.''.
    (b) Technical Amendment.--The table of sections at the beginning of 
such chapter >  is amended by inserting after 
the item relating to section 356 the following:

``357. Incentive pay authorities for members of the reserve components 
           of the armed forces.''.

    (c) >  Report.--Not later than September 
30, 2022, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
containing--
            (1) >  the plan of the Secretary to implement 
        section 357 of such title, as added by subsection (a);
            (2) >  an estimate of the costs of 
        such implementation;
            (3) the number of members described in such section; and
            (4) >  any other matter the Secretary 
        determines relevant.

    (d) Implementation Date.--The Secretary may not implement section 
357 of such title, as added by subsection (a) until after--
            (1) submission of the report under subsection (b); and
            (2) >  the Secretary 
        determines and certifies in writing to the Committees on Armed 
        Services of the Senate and House of Representatives that such 
        implementation shall not have a detrimental effect on the force 
        structure of an Armed Force concerned, including with regard to 
        recruiting or retention of members in the regular component of 
        such Armed Force.
SEC. 603. EXPANSIONS OF CERTAIN TRAVEL AND TRANSPORTATION 
                        AUTHORITIES.

    (a) Lodging in Kind for Reserve Component Members Performing 
Training.--
            (1) In general.--Section 12604 of title 10, United States 
        Code, is amended by adding at the end the following new 
        subsection:

    ``(c) >  Lodging in Kind.--(1) In the case of 
a member of a reserve component performing active duty for training or 
inactive-duty training who is not otherwise entitled to travel and 
transportation allowances in connection with such duty, the Secretary 
concerned may reimburse the member for housing service charge

[[Page 135 STAT. 1766]]

expenses incurred by the member in occupying transient government 
housing during the performance of such duty. If transient government 
housing is unavailable or inadequate, the Secretary concerned may 
provide the member with lodging in kind.

    ``(2) >  Any payment or other benefit under 
this subsection shall be provided in accordance with regulations 
prescribed by the Secretary concerned.

    ``(3) The Secretary may pay service charge expenses under paragraph 
(1) and expenses of providing lodging in kind under such paragraph out 
of funds appropriated for operation and maintenance for the reserve 
component concerned. Use of a Government charge card is authorized for 
payment of these expenses.
    ``(4) Decisions regarding the availability or adequacy of government 
housing at a military installation under paragraph (1) shall be made by 
the installation commander.''.
            (2) Conforming amendment.--Section 474 of title 37, United 
        States Code, is amended by striking subsection (i).

    (b) Mandatory Pet Quarantine Fees for Household Pets.--Section 
451(b)(8) of title 37, United States Code, is amended by adding at the 
end the following: ``Such costs include pet quarantine expenses.''.
    (c) Student Dependent Transportation.--
            (1) In general.--Section 452(b) of title 37, United States 
        Code, is amended by adding at the end the following new 
        paragraphs:
            ``(18) Travel by a dependent child to the United States to 
        obtain formal secondary, undergraduate, graduate, or vocational 
        education, if the permanent duty assignment location of the 
        member of the uniformed services is outside the continental 
        United States (other than in Alaska or Hawaii).
            ``(19) Travel by a dependent child within the United States 
        to obtain formal secondary, undergraduate, graduate, or 
        vocational education, if the permanent duty assignment location 
        of the member of the uniformed services is in Alaska or Hawaii 
        and the school is located in a State outside of the permanent 
        duty assignment location.''.
            (2) Definitions.--Section 451 of title 37, United States 
        Code, as amended by subsection (b) of this section, is amended--
                    (A) in subsection (a)(2)(H), by adding at the end 
                the following new clauses:
                          ``(vii) Transportation of a dependent child of 
                      a member of the uniformed services to the United 
                      States to obtain formal secondary, undergraduate, 
                      graduate, or vocational education, if the 
                      permanent duty assignment location of the member 
                      is outside the continental United States (other 
                      than in Alaska or Hawaii).
                          ``(viii) Transportation of a dependent child 
                      of a member of the uniformed services within the 
                      United States to obtain formal secondary, 
                      undergraduate, graduate, or vocational education, 
                      if the permanent duty assignment location of the 
                      member is in Alaska or Hawaii and the school is 
                      located in a State outside of the permanent duty 
                      assignment location.''; and
                    (B) in subsection (b), by adding at the end the 
                following new paragraph:
            ``(10)(A) The term `permanent duty assignment location' 
        means--

[[Page 135 STAT. 1767]]

                    ``(i) the official station of a member of the 
                uniformed services; or
                    ``(ii) the residence of a dependent of a member of 
                the uniformed services.
            ``(B) As used in subparagraph (A)(ii), the residence of a 
        dependent who is a student not living with the member while at 
        school is the permanent duty assignment location of the 
        dependent student.''.

    (d) Dependent Transportation Incident to Ship Construction, 
Inactivation, and Overhauling.--
            (1) In general.--Section 452 of title 37, United States 
        Code, as amended by subsection (c) of this section, is further 
        amended--
                    (A) in subsection (b), by adding at the end the 
                following new paragraph:
            ``(20) Subject to subsection (i), travel by a dependent to a 
        location where a member of the uniformed services is on 
        permanent duty aboard a ship that is overhauling, inactivating, 
        or under construction.''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(i) Dependent Transportation Incident to Ship Construction, 
Inactivation, and Overhauling.--The authority under subsection (a) for 
travel in connection with circumstances described in subsection (b)(20) 
shall be subject to the following terms and conditions:
            ``(1) >  The member of the uniformed 
        services must be permanently assigned to the ship for 31 or more 
        consecutive days to be eligible for allowances, and the 
        transportation allowances accrue on the 31st day and every 60 
        days thereafter.
            ``(2) >  Transportation in kind, 
        reimbursement for personally procured transportation, or a 
        monetary allowance for mileage in place of the cost of 
        transportation may be provided, in lieu of the member's 
        entitlement to transportation, for the member's dependents from 
        the location that was the home port of the ship before 
        commencement of overhaul or inactivation to the port of overhaul 
        or inactivation.
            ``(3) The total reimbursement for transportation for the 
        member's dependents may not exceed the cost of one Government-
        procured commercial round-trip travel.''.
            (2) Definitions.--Section 451(a)(2)(H) of title 37, United 
        States Code, as amended by subsection (c) of this section, is 
        further amended by adding at the end the following new clause:
                          ``(ix) Transportation of a dependent to a 
                      location where a member of the uniformed services 
                      is on permanent duty aboard a ship that is 
                      overhauling, inactivating, or under 
                      construction.''.

    (e) Technical Correction.--Section 2784a(a)(3) of title 10, United 
States Code, is amended by striking ``section 474'' and inserting 
``section 452''.
SEC. 604. REPEAL OF EXPIRING TRAVEL AND TRANSPORTATION 
                        AUTHORITIES.

    (a) >  In General.--Effective December 31, 
2021, subchapter III of chapter 8 of title 37, United States 
Code, >  is repealed.37 USC 471 prec. 471 and note, 472, 474-
474b,
475a-481f,
481h-481l, 
484,
488-492, 
494.

[[Page 135 STAT. 1768]]



    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 8 of such title >  is amended by 
striking the items relating to subchapter III and sections 471 through 
495.
SEC. 605. REQUIREMENTS IN CONNECTION WITH SUSPENSION OF RETIRED 
                        PAY AND RETIREMENT ANNUITIES.

    (a) >  Annual 
Eligibility Determination Procedures.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
prescribe in regulations a single annual eligibility determination 
procedure for determinations of eligibility for military retired or 
retainer pay and survivor annuities in connection with military service 
as a replacement of the current procedures in connection with the 
Certificate of Eligibility and Report of Existence for military retirees 
and annuitants.

    (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report on a 
process by which notifications of the death of a military retiree or 
annuitant may be determined with respect to the termination of 
eligibility for benefits.
SEC. 606. REPORT ON RELATIONSHIP BETWEEN BASIC ALLOWANCE FOR 
                        HOUSING AND SIZES OF MILITARY FAMILIES.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on whether 
the basic allowance for housing under section 403 of title 37, United 
States Code, is sufficient for the average family size of members of the 
Armed Forces, disaggregated by rank and military housing area.
SEC. 607. REPORT ON CERTAIN MOVING EXPENSES FOR MEMBERS OF THE 
                        ARMED FORCES.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on moving 
expenses incurred by members of the Armed Forces and their families that 
exceed such expenses covered by the Joint Travel Regulations for the 
Uniformed Services, disaggregated by Armed Force, rank, and military 
housing area. In such >  report, the Secretary 
shall examine the root causes of such expenses.
SEC. 608. REPORT ON TEMPORARY LODGING EXPENSES IN COMPETITIVE 
                        HOUSING MARKETS.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the 
appropriateness of the maximum payment period of 10 days under 
subsection (c) of section 474a of title 37, United States Code in highly 
competitive housing markets. Such report shall include how the Secretary 
educates members of the Armed Forces and their families about their 
ability to request payment under such section.
SEC. 609. REPORT ON RENTAL PARTNERSHIP PROGRAMS.

    Not later than 120 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the Committees

[[Page 135 STAT. 1769]]

on Armed Services of the Senate and House of Representatives a report on 
the rental partnership programs of the Armed Forces. Such report shall 
include--
            (1) the numbers and percentages of members of the Armed 
        Forces who do not live in housing located on military 
        installations who participate in such programs; and
            (2) >  the recommendation of the 
        Secretary whether Congress should establish annual funding for 
        such programs and, if so, what in amounts.

                  Subtitle B--Bonus and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL 
                        PAY AUTHORITIES.

    (a) Authorities Relating to Reserve Forces.--Section 910(g) of title 
37, United States Code, relating to income replacement payments for 
reserve component members experiencing extended and frequent 
mobilization for active duty service, is amended by striking ``December 
31, 2021'' and inserting ``December 31, 2022''.
    (b) Title 10 Authorities Relating to Health Care Professionals.--The 
following sections of title 10, United States Code, are amended by 
striking ``December 31, 2021'' and inserting ``December 31, 2022'':
            (1) Section 2130a(a)(1), relating to nurse officer candidate 
        accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the Selected 
        Reserve.

    (c) Authorities Relating to Nuclear Officers.--Section 333(i) of 
title 37, United States Code, is amended by striking ``December 31, 
2021'' and inserting ``December 31, 2022''.
    (d) Authorities Relating to Title 37 Consolidated Special Pay, 
Incentive Pay, and Bonus Authorities.--The following sections of title 
37, United States Code, are amended by striking ``December 31, 2021'' 
and inserting ``December 31, 2022'':
            (1) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (2) Section 332(g), relating to general bonus authority for 
        officers.
            (3) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.
            (4) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.
            (5) Section 336(g), relating to contracting bonus for cadets 
        and midshipmen enrolled in the Senior Reserve Officers' Training 
        Corps.
            (6) Section 351(h), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or special 
        duty pay.
            (8) Section 353(i), relating to skill incentive pay or 
        proficiency bonus.
            (9) Section 355(h), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.

    (e) Authority to Provide Temporary Increase in Rates of Basic 
Allowance for Housing.--Section 403(b)(7)(E) of title

[[Page 135 STAT. 1770]]

37, United States Code, is amended by striking ``December 31, 2021'' and 
inserting ``December 31, 2022''.

                Subtitle C--Family and Survivor Benefits

SEC. 621. EXTENSION OF PAID PARENTAL LEAVE.

    (a) In General.--Section 701 of title 10, United States Code, is 
amended--
            (1) in subsection (i)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``a 
                      member'' and all that follows through the period 
                      at the end and inserting the following: ``a member 
                      of the armed forces described in paragraph (2) is 
                      allowed up to a total of 12 weeks of parental 
                      leave during the one-year period beginning after 
                      the following events:
                          ``(i) The birth or adoption of a child of the 
                      member and in order to care for such child.
                          ``(ii) The placement of a minor child with the 
                      member for adoption or long-term foster care.''; 
                      and
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B)(i) >  The Secretary 
                concerned, under uniform regulations to be prescribed by 
                the Secretary of Defense, may authorize leave described 
                under subparagraph (A) to be taken after the one-year 
                period described in such paragraph in the case of a 
                member described in paragraph (2) who, except for this 
                subparagraph, would lose unused parental leave at the 
                end of the one-year period described in subparagraph (A) 
                as a result of--
                          ``(I) operational requirements;
                          ``(II) professional military education 
                      obligations; or
                          ``(III) >  other 
                      circumstances that the Secretary determines 
                      reasonable and appropriate.
                    ``(ii) >  The regulations 
                prescribed under clause (i) shall require that any leave 
                authorized to be taken after the one-year period 
                described in subparagraph (A) shall be taken within a 
                reasonable period of time, as determined by the 
                Secretary of Defense, after cessation of the 
                circumstances warranting the extended deadline.'';
                    (B) by striking paragraphs (3), (8), and (10) and 
                redesignating paragraphs (4), (5), (6), (7), and (9) as 
                paragraphs (3), (4), (5), (6), and (7), respectively;
                    (C) in paragraph (3), as redesignated by 
                subparagraph (B), by striking the matter preceding the 
                em dash and inserting ``A member who has given birth may 
                receive medical convalescent leave in conjunction with 
                such birth. Medical convalescent leave in excess of the 
                leave under paragraph (1) may be authorized if such 
                additional medical convalescent leave'';
                    (D) in paragraph (4), as so redesignated, by 
                striking ``paragraphs (1) and (4)'' and inserting 
                ``paragraphs (1) and (3)'';
                    (E) in paragraph (5)(A), as so redesignated, by 
                inserting ``, subject to the exceptions in paragraph 
                (1)(B)(ii)'' after ``shall be forfeited''; and

[[Page 135 STAT. 1771]]

                    (F) in paragraph (7)(B), as so redesignated, by 
                striking ``paragraph (4)'' and inserting ``paragraph 
                (3)'';
            (2) by striking subsection (j) and redesignating subsections 
        (k) and (l) as subsections (j) and (k), respectively; and
            (3) by adding at the end the following new subsection (l):

    ``(l) >  A member of the armed forces who gives 
birth while on active duty may be required to meet body composition 
standards or pass a physical fitness test during the period of 12 months 
beginning on the date of such birth only with the approval of a health 
care provider employed at a military medical treatment facility and--
            ``(1) at the election of such member; or
            ``(2) in the interest of national security, as determined by 
        the Secretary of Defense.''.

    (b) >  Effective Date.--The amendments made 
by subsection (a) shall take effect one year after the date of the 
enactment of this Act.

    (c) >  Regulations.--Not later 
than one year after the date of the enactment of this Act, the Secretary 
of Defense shall prescribe regulations implementing the amendments made 
by subsection (a).

    (d) >  Reporting.--Not later than January 
1, 2023, and annually thereafter, each Secretary of a military 
department shall submit, to the Committees on Armed Services of the 
Senate and House of Representatives, a report regarding the use, during 
the preceding fiscal year, of leave under subsections (i) and (j) of 
section 701 of such title, as amended by subsection (a), disaggregated 
by births, adoptions, and foster placements, including the number of 
members of the Armed Forces who--
            (1) used the maximum amount of primary caregiver leave; and
            (2) used leave in multiple increments.
SEC. 622. BEREAVEMENT LEAVE FOR MEMBERS OF THE ARMED FORCES.

    (a) In General.--Section 701 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(m)(1)(A) >  Under regulations prescribed by 
the Secretary of Defense, a member of the armed forces described in 
subparagraph (B) is allowed up to two weeks of leave to be used in 
connection with the death of an immediate family member.

    ``(B) >  Subparagraph (A) applies to the 
following members:
            ``(A) A member on active duty.
            ``(B) A member of a reserve component performing active 
        Guard and Reserve duty.
            ``(C) A member of a reserve component subject to an active 
        duty recall or mobilization order in excess of 12 months.

    ``(2) >  Under the regulations prescribed for 
purposes of this subsection, a member taking leave under paragraph (1) 
shall not have his or her leave account reduced as a result of taking 
such leave if such member's accrued leave is fewer than 30 days. Members 
with 30 or more days of accrued leave shall be charged for bereavement 
leave until such point that the member's accrued leave is less than 30 
days. Any remaining bereavement leave taken by such member in accordance 
with paragraph (1) after such point shall not be chargeable to the 
member.

[[Page 135 STAT. 1772]]

    ``(3) >  In this section, the term `immediate 
family member', with respect to a member of the armed forces, means--
            ``(A) the member's spouse; or
            ``(B) a child of the member.''.

    (b) >  Effective Date.--The amendment made 
by subsection (a) shall take effect 180 days after the date of the 
enactment of this Act.
SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS 
                        TO ATTEND THE FUNERAL AND MEMORIAL 
                        SERVICES OF MEMBERS.

    Section 452(b) of title 37, United States Code, is amended by adding 
at the end the following new paragraph:
            ``(18) Presence of family members at the funeral and 
        memorial services of members.''.
SEC. 624. EXPANSION OF PILOT PROGRAM TO PROVIDE FINANCIAL 
                        ASSISTANCE TO MEMBERS OF THE ARMED FORCES 
                        FOR IN-HOME CHILD CARE.

    Section 589(b) of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) >  is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraph:

    ``(2) >  The Secretary may carry out the 
pilot program at other locations the Secretary determines 
appropriate.''.
SEC. 625. >  PILOT PROGRAM ON DIRECT 
                        HIRE AUTHORITY FOR SPOUSES OF MEMBERS OF 
                        THE UNIFORMED SERVICES AT LOCATIONS 
                        OUTSIDE THE UNITED STATES.

    (a) >  In General.--The Secretary of Defense may 
carry out a pilot program to assess the feasibility and advisability of 
using the authority under subsection (b) to hire spouses of members of 
the uniformed services at locations outside the United States.

    (b) >  Authority.--In carrying out the pilot 
program under this section, the Secretary may appoint, without regard to 
the provisions of subchapter I of chapter 33 of title 5, United States 
Code (other than sections 3303 and 3328 of such chapter), a spouse of a 
member of the uniformed services stationed at a duty location outside 
the United States to a position described in subsection (c) if--
            (1) the spouse has been authorized to accompany the member 
        to the duty location at Government expense; and
            (2) the duty location is within reasonable commuting 
        distance, as determined by the Secretary concerned, of the 
        location of the position.

    (c) Position Described.--A position described in this subsection is 
a competitive service position within the Department of Defense that is 
located outside the United States.
    (d) Term of Appointment.--
            (1) In general.--An appointment made under this section 
        shall be for a term not exceeding two years.
            (2) Renewal.--The Secretary of Defense may renew an 
        appointment made under this section for not more than two 
        additional terms, each not exceeding two years.
            (3) Termination.--An appointment made under this section 
        shall terminate on the date on which the member of the uniformed 
        services relocates back to the United States in connection with 
        a permanent change of station.

[[Page 135 STAT. 1773]]

    (e) Payment of Travel and Transportation Allowances.--Nothing in 
this section may be construed to authorize additional travel or 
transportation allowances in connection with an appointment made under 
this section.
    (f) Relationship to Other Law.--Nothing in this section may be 
construed to interfere with--
            (1) the authority of the President under section 3304 of 
        title 5, United States Code;
            (2) the authority of the President under section 1784 of 
        title 10, United States Code;
            (3) the ability of the head of an agency to make 
        noncompetitive appointments pursuant to section 3330d of title 
        5, United States Code; or
            (4) any obligation under any applicable treaty, status of 
        forces agreement, or other international agreement between the 
        United States Government and the government of the country in 
        which the position is located.

    (g) Reports Required.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of Defense shall submit to the appropriate committees 
        of Congress a report setting forth the following:
                    (A) The number of individuals appointed under this 
                section.
                    (B) The position series and grade to which each 
                individual described in subparagraph (A) was appointed.
                    (C) Demographic data on the individuals described in 
                subparagraph (A), including with respect to race, 
                gender, age, and education level attained.
                    (D) >  Data on the members of the 
                uniformed services whose spouses have been appointed 
                under this section, including the rank of each such 
                member.
                    (E) >  Such 
                recommendations for legislative or administrative action 
                as the Secretary considers appropriate relating to 
                continuing or expanding the pilot program.
            (2) Final report.--Not later than December 31, 2026, the 
        Secretary shall submit to the appropriate committees of Congress 
        a final report setting forth the information under paragraph 
        (1).

    (h) Termination.--The pilot program under this section shall 
terminate on December 31, 2026.
    (i) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Oversight and Reform of the House of 
                Representatives.
            (2) Secretary concerned.--The term ``Secretary concerned''--
                    (A) has the meaning given the term in section 
                101(a)(9) of title 10, United States Code; and
                    (B) includes--
                          (i) the Secretary of Commerce, with respect to 
                      matters concerning the commissioned officer corps 
                      of

[[Page 135 STAT. 1774]]

                      the National Oceanic and Atmospheric 
                      Administration; and
                          (ii) the Secretary of Health and Human 
                      Services, with respect to matters concerning the 
                      commissioned corps of the Public Health Service.
            (3) Uniformed services.--The term ``uniformed services'' has 
        the meaning given the term in section 101(a)(5) of title 10, 
        United States Code.
            (4) United states.--The term ``United States'' has the 
        meaning given that term in section 101(a)(1) of title 10, United 
        States Code.
SEC. 626. CASUALTY ASSISTANCE PROGRAM: REFORM; ESTABLISHMENT OF 
                        WORKING GROUP.

    (a) Casualty Assistance Reform Working Group.--
            (1) >  Establishment.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall establish a working group to be known as the 
        ``Casualty Assistance Reform Working Group'' (in this section 
        referred to as the ``Working Group'').
            (2) Duties.--The Working Group shall perform the following 
        duties:
                    (A) Create standards and training for CAOs across 
                the military departments.
                    (B) Explore the possibility of establishing a unique 
                badge designation for--
                          (i) CAOs who have performed CAO duty more than 
                      five times; or
                          (ii) professional CAOs.
                    (C) Examine the current workflow of casualty affairs 
                support across the military departments, including 
                administrative processes and survivor engagements.
                    (D) Perform a gap analysis and solution document 
                that clearly identifies and prioritizes critical changes 
                to modernize and professionalize the casualty experience 
                for survivors.
                    (E) Review the organization of the Office of 
                Casualty, Mortuary Affairs and Military Funeral Honors 
                to ensure it is positioned to coordinate policy and 
                assist in all matters under its jurisdiction, across the 
                Armed Forces, including any potential intersections with 
                the Defense Prisoner of War and Missing in Action 
                Accounting Agency.
                    (F) Explore the establishment of--
                          (i) an annual meeting, led by the Secretary of 
                      Defense, with gold star families; and
                          (ii) a surviving and gold star family 
                      leadership council.
                    (G) Recommend improvements to the family 
                notification process of Arlington National Cemetery.
                    (H) Explore the redesign of the Days Ahead Binder, 
                including creating an electronic version.
                    (I) Consider the expansion of the DD Form 93 to 
                include more details regarding the last wishes of the 
                deceased member.
                    (J) Assess coordination between the Department of 
                Defense and the Office of Survivors Assistance of the 
                Department of Veterans Affairs.

[[Page 135 STAT. 1775]]

            (3) Membership.--The membership of the Working Group shall 
        be composed of the following:
                    (A) The Under Secretary of Defense for Personnel and 
                Readiness, who shall serve as Chair of the Working 
                Group.
                    (B) At least one person furnished with a gold star 
                lapel button under section 1126 of title 10, United 
                States Code, by each Secretary of a military department.
                    (C) >  Other members of the 
                Armed Forces or civilian employees of the Department of 
                Defense, appointed by the Secretary of Defense, based on 
                knowledge of, and experience with, matters described in 
                paragraph (2).
            (4) >  Report.--
        Not later than September 30, 2022, the Working Group shall 
        submit to the Secretary of Defense a report containing the 
        determinations and recommendations of the Working Group.
            (5) Termination.--The Working Group shall terminate upon 
        submission of the report under paragraph (4).

    (b) >  Report Required.--Not later than 
November 1, 2022, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report setting forth the results of a review and 
assessment of the casualty assistance officer program, including the 
report of the Working Group.

    (c) >  Establishment of Certain Definitions.--Not later than one 
year after the date of the enactment of this Act, the Secretary of 
Defense, in coordination with the Secretaries of the military 
departments, shall publish an interim rule that establishes standard 
definitions, for use across the military departments, of the terms 
``gold star family'' and ``gold star survivor''.

    (d) CAO Defined.--In this section, the term ``CAO'' means a casualty 
assistance officer of the Armed Forces.

                   Subtitle D--Defense Resale Matters

SEC. 631. ADDITIONAL SOURCES OF FUNDS AVAILABLE FOR CONSTRUCTION, 
                        REPAIR, IMPROVEMENT, AND MAINTENANCE OF 
                        COMMISSARY STORES.

    Section 2484(h) of title 10, United States Code, is amended--
            (1) in paragraph (5), by adding at the end the following new 
        subparagraphs:
            ``(F) Amounts made available for any purpose set forth in 
        paragraph (1) pursuant to an agreement with a host nation.
            ``(G) Amounts appropriated for repair or reconstruction of a 
        commissary store in response to a disaster or emergency.''; and
            (2) by adding at the end the following new paragraph:

    ``(6) Revenues made available under paragraph (5) for the purposes 
set forth in paragraphs (1), (2), and (3) may be supplemented with 
additional funds derived from--
            ``(A) improved management practices implemented pursuant to 
        sections 2481(c)(3), 2485(b), and 2487(c) of this title; and
            ``(B) the variable pricing program implemented pursuant to 
        subsection (i).''.

[[Page 135 STAT. 1776]]

              Subtitle E--Miscellaneous Rights and Benefits

SEC. 641. ALEXANDER LOFGREN VETERANS IN PARKS PROGRAM.

    Section 805 of the Federal Lands Recreation Enhancement Act (Public 
Law 108-447; 118 Stat. 3385; 16 U.S.C. 6804) is amended--
            (1) in subsection (a)(4), by striking ``age and disability 
        discounted'' and inserting ``age discount and lifetime''; and
            (2) in subsection (b)--
                    (A) in the heading, by striking ``Discounted'' and 
                inserting ``Free and Discounted'';
                    (B) in paragraph (2)--
                          (i) in the heading, by striking ``Disability 
                      discount'' and inserting ``Lifetime passes''; and
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B) Any veteran who provides adequate proof of 
                military service as determined by the Secretary.
                    ``(C) Any member of a Gold Star Family who meets the 
                eligibility requirements of section 3.2 of Department of 
                Defense Instruction 1348.36 (or a successor 
                instruction).''; and
                    (C) in paragraph (3)--
                          (i) in the heading, by striking ``Gold star 
                      families parks pass'' and inserting ``Annual 
                      passes''; and
                          (ii) by striking ``members of'' and all that 
                      follows through the end of the sentence and 
                      inserting ``members of the Armed Forces and their 
                      dependents who provide adequate proof of 
                      eligibility for such pass as determined by the 
                      Secretary.''.

                    TITLE VII--HEALTH CARE PROVISIONS

                    TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

Sec. 701. Eating disorders treatment for certain members of the Armed 
           Forces and dependents.
Sec. 702. Addition of preconception and prenatal carrier screening 
           coverage as benefits under TRICARE program.
Sec. 703. Revisions to TRICARE provider networks.
Sec. 704. Self-initiated referral process for mental health evaluations 
           of members of the Armed Forces.
Sec. 705. Modifications to pilot program on health care assistance 
           system.
Sec. 706. Modification of pilot program on receipt of non-generic 
           prescription maintenance medications under TRICARE pharmacy 
           benefits program.
Sec. 707. Improvement of postpartum care for members of the Armed Forces 
           and dependents.

                 Subtitle B--Health Care Administration

Sec. 711. Modification of certain Defense Health Agency organization 
           requirements.
Sec. 712. Requirement for consultations relating to military medical 
           research and Defense Health Agency Research and Development.
Sec. 713. Authorization of program to prevent fraud and abuse in the 
           military health system.
Sec. 714. Authority of Secretary of Defense and Secretary of Veterans 
           Affairs to enter into agreements for planning, design, and 
           construction of facilities to be operated as shared medical 
           facilities.
Sec. 715. Extension of authority for Joint Department of Defense-
           Department of Veterans Affairs Medical Facility Demonstration 
           Fund.

[[Page 135 STAT. 1777]]

Sec. 716. Establishment of Department of Defense system to track and 
           record information on vaccine administration.
Sec. 717. Exemption from required physical examination and mental health 
           assessment for certain members of the reserve components.
Sec. 718. Authorization of provision of instruction at Uniformed 
           Services University of the Health Sciences to certain Federal 
           employees.
Sec. 719. Removal of requirement for one year of participation in 
           certain medical and lifestyle incentive programs of the 
           Department of Defense to receive benefits under such 
           programs.
Sec. 720. Department of Defense standards for exemptions from mandatory 
           COVID-19 vaccines.
Sec. 721. Establishment of centers of excellence for enhanced treatment 
           of ocular injuries.
Sec. 722. Implementation of integrated product for management of 
           population health across military health system.
Sec. 723. Digital health strategy of Department of Defense.
Sec. 724. Development and update of certain policies relating to 
           military health system and integrated medical operations.
Sec. 725. Mandatory training on health effects of burn pits.
Sec. 726. Standardization of definitions used by the Department of 
           Defense for terms related to suicide.

                  Subtitle C--Reports and Other Matters

Sec. 731. Modifications and reports related to military medical manning 
           and medical billets.
Sec. 732. Access by United States Government employees and their family 
           members to certain facilities of Department of Defense for 
           assessment and treatment of anomalous health conditions.
Sec. 733. Pilot program on cardiac screening at certain military service 
           academies.
Sec. 734. Pilot program on assistance for mental health appointment 
           scheduling at military medical treatment facilities.
Sec. 735. Prohibition on availability of funds for certain research 
           connected to China.
Sec. 736. Limitation on certain discharges solely on the basis of 
           failure to obey lawful order to receive COVID-19 vaccine.
Sec. 737. Independent analysis of Department of Defense Comprehensive 
           Autism Care Demonstration program.
Sec. 738. Independent review of suicide prevention and response at 
           military installations.
Sec. 739. Feasibility and advisability study on establishment of 
           aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 740. Study on incidence of breast cancer among members of the Armed 
           Forces serving on active duty.
Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record 
           program.
Sec. 742. Comptroller General study on implementation by Department of 
           Defense of recent statutory requirements to reform the 
           military health system.
Sec. 743. Study to determine need for a joint fund for Federal 
           Electronic Health Record Modernization Office.
Sec. 744. Briefing on domestic production of critical active 
           pharmaceutical ingredients for national security purposes.
Sec. 745. Briefing on substance abuse in the Armed Forces.

           Subtitle A--TRICARE and Other Health Care Benefits

SEC. 701. EATING DISORDERS TREATMENT FOR CERTAIN MEMBERS OF THE 
                        ARMED FORCES AND DEPENDENTS.

    (a) Eating Disorders Treatment for Certain Dependents.--Section 1079 
of title 10, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(18) Treatment for eating disorders may be provided in 
        accordance with subsection (r).''; and
            (2) by adding at the end the following new subsection:

    ``(r)(1) The provision of health care services for an eating 
disorder under subsection (a)(18) may include the following services:

[[Page 135 STAT. 1778]]

            ``(A) Outpatient services for in-person or telehealth care, 
        including partial hospitalization services and intensive 
        outpatient services.
            ``(B) Inpatient services, which shall include residential 
        services only if medically indicated for treatment of a primary 
        diagnosis of an eating disorder.

    ``(2) A dependent provided health care services for an eating 
disorder under subsection (a)(18) shall be provided such services 
without regard to--
            ``(A) the age of the dependent, except with respect to 
        residential services under paragraph (1)(B), which may be 
        provided only to a dependent who is not eligible for hospital 
        insurance benefits under part A of title XVIII of the Social 
        Security Act (42 U.S.C. 1395c et seq.); and
            ``(B) except as otherwise specified in paragraph (1)(B), 
        whether the eating disorder is the primary or secondary 
        diagnosis of the dependent.

    ``(3) >  In this section, the term `eating 
disorder' has the meaning given the term `feeding and eating disorders' 
in the Diagnostic and Statistical Manual of Mental Disorders, 5th 
Edition (or successor edition), published by the American Psychiatric 
Association.''.

    (b) Limitation With Respect to Retirees.--
            (1) In general.--Section 1086(a) of title 10, United States 
        Code, is amended by inserting ``and (except as provided in 
        subsection (i)) treatments for eating disorders'' after ``eye 
        examinations''.
            (2) Exception.--Such section is further amended by adding at 
        the end the following new subsection:

    ``(i) If, prior to October 1, 2022, a category of persons covered by 
this section was eligible to receive a specific type of treatment for 
eating disorders under a plan contracted for under subsection (a), the 
general prohibition on the provision of treatments for eating disorders 
specified in such subsection shall not apply with respect to the 
provision of the specific type of treatment to such category of 
persons.''.
    (c) Identification and Treatment of Eating Disorders for Members of 
the Armed Forces.--
            (1) In general.--Chapter 55 of title 10, United States Code, 
        is amended by--
                    (A) redesignating section 1090a as section 1090b; 
                and
                    (B) inserting after section 1090 the following new 
                section:
``Sec. 1090a. >  Identifying and treating 
                    eating disorders.

    ``(a) >  Identification, Treatment, 
and Rehabilitation.--The Secretary of Defense, and the Secretary of 
Homeland Security with respect to the Coast Guard when it is not 
operating as a service in the Navy, shall prescribe regulations, 
implement procedures using each practical and available method, and 
provide necessary facilities to identify, treat, and rehabilitate 
members of the armed forces who have an eating disorder.

    ``(b) >  Facilities Available.--(1) In this 
section, the term `necessary facilities' includes facilities that 
provide the services specified in section 1079(r)(1) of this title.

    ``(2) Consistent with section 1079(r)(1)(B) of this title, 
residential services shall be provided to a member pursuant to this 
section only if the member has a primary diagnosis of an eating disorder

[[Page 135 STAT. 1779]]

and treatment at such facility is medically indicated for treatment of 
that eating disorder.
    ``(c) Eating Disorder Defined.--In this section, the term `eating 
disorder' has the meaning given that term in section 1079(r) of this 
title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 55 of title 10, United States 
        Code > , is amended by striking the 
        item relating to section 1090a and inserting the following new 
        items:

``1090a. Identifying and treating eating disorders.
``1090b. Commanding officer and supervisor referrals of members for 
           mental health evaluations.''.

    (d) >  Effective Date.--The amendments 
made by this section shall take effect on October 1, 2022.
SEC. 702. ADDITION OF PRECONCEPTION AND PRENATAL CARRIER SCREENING 
                        COVERAGE AS BENEFITS UNDER TRICARE 
                        PROGRAM.

    Section 1079(a) of title 10, United States Code, as amended by 
section 701, is further amended by adding at the end the following new 
paragraph:
            ``(19) Preconception and prenatal carrier screening tests 
        shall be provided to eligible covered beneficiaries, with a 
        limit per beneficiary of one test per condition per lifetime, 
        for the following conditions:
                    ``(A) Cystic Fibrosis.
                    ``(B) Spinal Muscular Atrophy.
                    ``(C) Fragile X Syndrome.
                    ``(D) Tay-Sachs Disease.
                    ``(E) Hemoglobinopathies.
                    ``(F) Conditions linked with Ashkenazi Jewish 
                descent.''.
SEC. 703. REVISIONS TO TRICARE PROVIDER NETWORKS.

    (a) TRICARE Select.--Section 1075 of title 10, United States Code, 
is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following new 
        subsection (h):

    ``(h) Authority for Multiple Networks in the Same Geographic Area.--
(1) The Secretary may establish a system of multiple networks of 
providers under TRICARE Select in the same geographic area or areas.
    ``(2) Under a system established under paragraph (1), the Secretary 
may--
            ``(A) >  require a covered beneficiary 
        enrolling in TRICARE Select to enroll in a specific provider 
        network established pursuant to such system, in which case any 
        provider not in that specific provider network shall be deemed 
        an out-of-network provider with respect to the covered 
        beneficiary (regardless of whether the provider is in a 
        different TRICARE Select provider network) for purposes of this 
        section or any other provision of law limiting the coverage or 
        provision of health care services to those provided by network 
        providers under the TRICARE program; and
            ``(B) include beneficiaries covered by subsection (c)(2).''.

    (b) TRICARE Prime.--Section 1097a of such title is amended--
            (1) by redesignating subsection (e) as subsection (f); and

[[Page 135 STAT. 1780]]

            (2) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Authority for Multiple Networks in the Same Geographic Area.--
(1) The Secretary may establish a system of multiple networks of 
providers under TRICARE Prime in the same geographic area or areas.
    ``(2) >  Under a system established under 
paragraph (1), the Secretary may require a covered beneficiary enrolling 
in TRICARE Prime to enroll in a specific provider network established 
pursuant to such system, in which case any provider not in that specific 
provider network shall be deemed an out-of-network provider with respect 
to the covered beneficiary (regardless of whether the provider is in a 
different TRICARE Prime provider network) for purposes of this section 
or any other provision of law limiting the coverage or provision of 
health care services to those provided by network providers under the 
TRICARE program.''.
SEC. 704. SELF-INITIATED REFERRAL PROCESS FOR MENTAL HEALTH 
                        EVALUATIONS OF MEMBERS OF THE ARMED 
                        FORCES.

    Section 1090a of title 10, United States Code, is amended--
            (1) in subsection (c), by inserting ``or is required to make 
        such a referral pursuant to the process described in subsection 
        (e)(1)(A)'' after ``mental health evaluation'';
            (2) by redesignating subsection (e) as subsection (g); and
            (3) by inserting after subsection (d) the following new 
        subsections:

    ``(e) Self-initiated Referral Process.--(1) The regulations required 
by subsection (a) shall, with respect to a member of the armed forces--
            ``(A) provide for a self-initiated process that enables the 
        member to trigger a referral for a mental health evaluation by 
        requesting such a referral from a commanding officer or 
        supervisor who is in a grade above E-5;
            ``(B) ensure the function of the process described in 
        subparagraph (A) by--
                    ``(i) >  requiring the 
                commanding officer or supervisor of the member to refer 
                the member to a mental health provider for a mental 
                health evaluation as soon as practicable following the 
                request of the member (including by providing to the 
                mental health provider the name and contact information 
                of the member and providing to the member the date, 
                time, and place of the scheduled mental health 
                evaluation); and
                    ``(ii) ensure the member may request a referral 
                pursuant to subparagraph (A) on any basis (including on 
                the basis of a concern relating to fitness for duty, 
                occupational requirements, safety issues, significant 
                changes in performance, or behavioral changes that may 
                be attributable to possible changes in mental status); 
                and
            ``(C) ensure that the process described in subparagraph 
        (A)--
                    ``(i) reduces stigma in accordance with subsection 
                (b), including by treating referrals for mental health 
                evaluations made pursuant to such process in a manner 
                similar to referrals for other medical services, to the 
                maximum extent practicable; and

[[Page 135 STAT. 1781]]

                    ``(ii) protects the confidentiality of the member to 
                the maximum extent practicable, in accordance with 
                requirements for the confidentiality of health 
                information under the Health Insurance Portability and 
                Accountability Act of 1996 (Public Law 104-191) and 
                applicable privacy laws.

    ``(2) In making a referral for an evaluation of a member of the 
armed forces triggered by a request made pursuant to the process 
described in paragraph (1)(A), if the member has made such a request on 
the basis of a concern that the member is a potential or imminent danger 
to self or others, the commanding officer or supervisor of the member 
shall observe the following principles:
            ``(A) >  With respect to safety, if 
        the commander or supervisor determines the member is exhibiting 
        dangerous behavior, the first priority of the commander or 
        supervisor shall be to ensure that precautions are taken to 
        protect the safety of the member, and others, prior to the 
        arrival of the member at the location of the evaluation.
            ``(B) With respect to communication, prior to such arrival, 
        the commander or supervisor shall communicate to the provider to 
        which the member is being referred (in a manner and to an extent 
        consistent with paragraph (1)(C)(ii)), information on the 
        circumstances and observations that led to--
                    ``(i) the member requesting the referral; and
                    ``(ii) the commander or supervisor making such 
                referral based on the request.

    ``(f) Annual Training Requirement.--On an annual basis, each 
Secretary concerned shall provide to the members of the Armed Forces 
under the jurisdiction of such Secretary a training on how to recognize 
personnel who may require mental health evaluations on the basis of the 
individual being an imminent danger to self or others, as demonstrated 
by the behavior or apparent mental state of the individual.''.
SEC. 705. MODIFICATIONS TO PILOT PROGRAM ON HEALTH CARE ASSISTANCE 
                        SYSTEM.

    Section 731(d) of the National Defense Authorization Act for Fiscal 
Year 2018 (10 U.S.C. 1075 note) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``January 1, 2021'' and inserting ``November 1, 2022'';
            (2) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (3) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(3) input from covered beneficiaries who have participated 
        in the pilot program regarding their satisfaction with, and any 
        benefits attained from, such participation.''.
SEC. 706. MODIFICATION OF PILOT PROGRAM ON RECEIPT OF NON-GENERIC 
                        PRESCRIPTION MAINTENANCE MEDICATIONS UNDER 
                        TRICARE PHARMACY BENEFITS PROGRAM.

    Section 706 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended--
            (1) >  in subsection (a)(1), by 
        striking ``may carry out'' and inserting ``shall carry out'';

[[Page 135 STAT. 1782]]

            (2) in subsection (b), by striking ``March 1, 2021'' and 
        inserting ``March 1, 2022'';
            (3) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively;
            (4) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Reimbursement.--If the Secretary carries out the pilot program 
under subsection (a)(1), reimbursement of retail pharmacies for 
medication under the pilot program may not exceed the amount of 
reimbursement paid to the national mail-order pharmacy program under 
section 1074g of title 10, United States Code, for the same medication, 
after consideration of all manufacturer discounts, refunds, rebates, 
pharmacy transaction fees, and other costs.''; and
            (5) in subsection (f), as redesignated by paragraph (3)--
                    (A) by striking paragraph (1) and inserting the 
                following new paragraph (1):
            ``(1) >  Briefing.--Not later than 90 days 
        after the date of the enactment of the National Defense 
        Authorization Act for Fiscal Year 2022, the Secretary shall 
        provide to the Committees on Armed Services of the House of 
        Representatives and the Senate a briefing on the implementation 
        of the pilot program under subsection (a)(1) or on the 
        determination of the Secretary under subsection (a)(2) that the 
        Secretary is not permitted to carry out the pilot program.''; 
        and
                    (B) in paragraph (3)(A), by striking ``March 1, 
                2024'' and inserting ``March 1, 2025''.
SEC. 707. >  IMPROVEMENT OF 
                        POSTPARTUM CARE FOR MEMBERS OF THE ARMED 
                        FORCES AND DEPENDENTS.

    (a) Clinical Practice Guidelines for Postpartum Care in Military 
Medical Treatment Facilities.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall establish 
clinical practice guidelines for the provision of postpartum care in 
military medical treatment facilities. Such guidelines shall take into 
account the recommendations of established professional medical 
associations and address the following matters:
            (1) >  Postpartum mental health 
        assessments, including the appropriate intervals for furnishing 
        such assessments and screening questions for such assessments 
        (including questions relating to postpartum anxiety and 
        postpartum depression).
            (2) >  Pelvic health 
        evaluation and treatment, including the appropriate timing for 
        furnishing a medical evaluation for pelvic health, 
        considerations for providing consultations for physical therapy 
        for pelvic health (including pelvic floor health), and the 
        appropriate use of telehealth services.
            (3) Pelvic health rehabilitation services.
            (4) Obstetric hemorrhage treatment, including through the 
        use of pathogen reduced resuscitative products.

    (b) Policy on Scheduling of Appointments for Postpartum Health Care 
Services.--
            (1) Policy required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall establish a 
        policy for the scheduling of appointments for postpartum health 
        care services in military medical treatment facilities. In 
        developing the policy, the Secretary shall consider the extent

[[Page 135 STAT. 1783]]

        to which it is appropriate to facilitate concurrent scheduling 
        of appointments for postpartum care with appointments for well-
        baby care.
            (2) >  Pilot program authorized.--The 
        Secretary may carry out a pilot program in one or more military 
        medical treatment facilities to evaluate the effect of 
        concurrent scheduling, to the degree clinically appropriate, of 
        the appointments specified in paragraph (1).

    (c) Policy on Postpartum Physical Fitness Tests and Body Composition 
Assessments.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall establish a policy, which shall be 
standardized across each Armed Force to the extent practicable, for the 
time periods after giving birth that a member of the Armed Forces 
(including the reserve components) may be excused from, or provided an 
alternative to, a physical fitness test or a body composition 
assessment.
    (d) Briefing.--Not later than 270 days after the date of enactment 
of this Act, the Secretary shall provide to the Committees on Armed 
Services of the House of Representatives and the Senate a briefing on 
the implementation of the requirements under this section.

                 Subtitle B--Health Care Administration

SEC. 711. MODIFICATION OF CERTAIN DEFENSE HEALTH AGENCY 
                        ORGANIZATION REQUIREMENTS.

    Section 1073c(c)(5) of title 10, United States Code, is amended by 
striking ``paragraphs (1) through (4)'' and inserting ``paragraph (3) or 
(4)''.
SEC. 712. REQUIREMENT FOR CONSULTATIONS RELATING TO MILITARY 
                        MEDICAL RESEARCH AND DEFENSE HEALTH AGENCY 
                        RESEARCH AND DEVELOPMENT.

    (a) Consultations Required.--Section 1073c of title 10, United 
States Code, as amended by section 711, is further amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection:

    ``(f) >  Consultations on Medical 
Research of Military Departments.--In establishing the Defense Health 
Agency Research and Development pursuant to subsection (e)(1), and on a 
basis that is not less frequent than semiannually thereafter, the 
Secretary of Defense shall carry out recurring consultations with each 
military department regarding the plans and requirements for military 
medical research organizations and activities of the military 
department.''.

    (b) >  Requirements for 
Consultations.--The Secretary of Defense shall ensure that consultations 
are carried out under section 1073c(f) of title 10, United States Code 
(as added by subsection (a)), to include the plans of each military 
department to ensure a comprehensive transition of any military medical 
research organizations of the military department with respect to the 
establishment of the Defense Health Agency Research and Development.

[[Page 135 STAT. 1784]]

    (c) Deadline for Initial Consultations.--Initial consultations shall 
be carried out under section 1073c(f) of title 10, United States Code 
(as added by subsection (a)), with each military department by not later 
than March 1, 2022.
SEC. 713. AUTHORIZATION OF PROGRAM TO PREVENT FRAUD AND ABUSE IN 
                        THE MILITARY HEALTH SYSTEM.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1073e the following new section:
``Sec. 1073f. > Health care fraud and abuse 
                    prevention program

    ``(a) Program Authorized.--(1) The Secretary of Defense may carry 
out a program under this section to prevent and remedy fraud and abuse 
in the health care programs of the Department of Defense.
    ``(2) At the discretion of the Secretary, such program may be 
administered jointly by the Inspector General of the Department of 
Defense and the Director of the Defense Health Agency.
    ``(3) In carrying out such program, the authorities granted to the 
Secretary of Defense and the Inspector General of the Department of 
Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 
1320a-7a(m)) shall be available to the Secretary and the Inspector 
General.
    ``(b) Civil Monetary Penalties.--(1) >  
Except as provided in paragraph (2), the provisions of section 1128A of 
the Social Security Act (42 U.S.C. 1320a-7a) shall apply with respect to 
any civil monetary penalty imposed in carrying out the program 
authorized under subsection (a).

    ``(2) Consistent with section 1079a of this title, amounts recovered 
in connection with any such civil monetary penalty imposed--
            ``(A) shall be credited to appropriations available as of 
        the time of the collection for expenses of the health care 
        program of the Department of Defense affected by the fraud and 
        abuse for which such penalty was imposed; and
            ``(B) may be used to support the administration of the 
        program authorized under subsection (a), including to support 
        any interagency agreements entered into under subsection (d).

    ``(c) >  Interagency Agreements.--The Secretary 
of Defense may enter into agreements with the Secretary of Health and 
Human Services, the Attorney General, or the heads of other Federal 
agencies, for the effective and efficient implementation of the program 
authorized under subsection (a).

    ``(d) Rule of Construction.--Joint administration of the program 
authorized under subsection (a) may not be construed as limiting the 
authority of the Inspector General of the Department of Defense under 
any other provision of law.
    ``(e) Fraud and Abuse Defined.--In this section, the term `fraud and 
abuse' means any conduct specified in subsection (a) or (b) of section 
1128A of the Social Security Act (42 U.S.C. 1320a-7a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter >  is amended by inserting after 
the item relating to section 1073e the following new item:

``1073f. Health care fraud and abuse prevention program.''.

[[Page 135 STAT. 1785]]

SEC. 714. AUTHORITY OF SECRETARY OF DEFENSE AND SECRETARY OF 
                        VETERANS AFFAIRS TO ENTER INTO AGREEMENTS 
                        FOR PLANNING, DESIGN, AND CONSTRUCTION OF 
                        FACILITIES TO BE OPERATED AS SHARED 
                        MEDICAL FACILITIES.

    (a) Authority of Secretary of Defense.--
            (1) In general.--Chapter 55 of title 10, United States Code, 
        is amended by inserting after section 1104 the following new 
        section:
``Sec. 1104a. >  Shared medical facilities 
                    with Department of Veterans Affairs

    ``(a) >  Agreements.--Secretary of Defense may 
enter into agreements with the Secretary of Veterans Affairs for the 
planning, design, and construction of facilities to be operated as 
shared medical facilities.

    ``(b) Transfer of Funds by Secretary of Defense.--(1) The Secretary 
of Defense may transfer to the Secretary of Veterans Affairs amounts as 
follows:
            ``(A) For the construction of a shared medical facility, 
        amounts not in excess of the amount authorized under subsection 
        (a)(2) of section 2805 of this title, if--
                    ``(i) the amount of the share of the Department of 
                Defense for the estimated cost of the project does not 
                exceed the amount authorized under such subsection; and
                    ``(ii) the other requirements of such section have 
                been met with respect to funds identified for transfer.
            ``(B) For the planning, design, and construction of space 
        for a shared medical facility, amounts appropriated for the 
        Defense Health Program.

    ``(2) The authority to transfer funds under this section is in 
addition to any other authority to transfer funds available to the 
Secretary of Defense.
    ``(3) Section 2215 of this title does not apply to a transfer of 
funds under this subsection.
    ``(c) Transfer of Funds to Secretary of Defense.--(1) Any amount 
transferred to the Secretary of Defense by the Secretary of Veterans 
Affairs for necessary expenses for the planning, design, and 
construction of a shared medical facility, if the amount of the share of 
the Department of Defense for the cost of such project does not exceed 
the amount specified in section 2805(a)(2) of this title, may be 
credited to accounts of the Department of Defense available for the 
construction of a shared medical facility.
    ``(2) Any amount transferred to the Secretary of Defense by the 
Secretary of Veterans Affairs for the purpose of the planning and design 
of space for a shared medical facility may be credited to accounts of 
the Department of Defense available for such purposes, and may be used 
for such purposes.
    ``(3) Using accounts credited with transfers from the Secretary of 
Veterans Affairs under paragraph (1), the Secretary of Defense may carry 
out unspecified minor military construction projects, if the share of 
the Department of Defense for the cost of such project does not exceed 
the amount specified in section 2805(a)(2) of this title.
    ``(d) Merger of Amounts Transferred.--Any amount transferred to the 
Secretary of Veterans Affairs under subsection (b) and any amount 
transferred to the Secretary of Defense under subsection (c) shall be 
merged with and available for the same

[[Page 135 STAT. 1786]]

purposes and the same period as the appropriation or fund to which 
transferred.
    ``(e) Appropriation in Advance.--Amounts may be transferred pursuant 
to the authority under this section only to the extent and in the 
amounts provided in advance in appropriations Acts.
    ``(f) Shared Medical Facility Defined.--In this section, the term 
`shared medical facility'--
            ``(1) means a building or buildings, or a campus, intended 
        to be used by both the Department of Veterans Affairs and the 
        Department of Defense for the provision of health care services, 
        whether under the jurisdiction of the Secretary of Veterans 
        Affairs or the Secretary of Defense, and whether or not located 
        on a military installation or on real property under the 
        jurisdiction of the Secretary of Veterans Affairs; and
            ``(2) includes any necessary building and auxiliary 
        structure, garage, parking facility, mechanical equipment, 
        abutting and covered sidewalks, and accommodations for attending 
        personnel.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 55 of such title >  is amended by inserting after the item relating to 
        section 1104 the following new item:

``1104a. Shared medical facilities with Department of Veterans 
           Affairs.''.

    (b) Authority of Secretary of Veterans Affairs.--
            (1) In general.--Chapter 81 of title 38, United States Code, 
        is amended by inserting after section 8111A the following new 
        section:
``Sec. 8111B. >  Shared medical facilities 
                    with Department of Defense

    ``(a) >  Agreements.--The Secretary of Veterans 
Affairs may enter into agreements with the Secretary of Defense for the 
planning, design, and construction of facilities to be operated as 
shared medical facilities.

    ``(b) Transfer of Funds by Secretary of Veterans Affairs.--(1) The 
Secretary of Veterans Affairs may transfer to the Department of Defense 
amounts appropriated to the Department of Veterans Affairs for 
`Construction, minor projects' for use for the planning, design, or 
construction of a shared medical facility if the estimated share of the 
project costs of the Department of Veterans Affairs does not exceed the 
amount specified in section 8104(a)(3)(A) of this title.
    ``(2) The Secretary of Veterans Affairs may transfer to the 
Department of Defense amounts appropriated to the Department of Veterans 
Affairs for `Construction, major projects' for use for the planning, 
design, or construction of a shared medical facility if--
            ``(A) the estimated share of the project costs of the 
        Department of Veterans Affairs exceeds the amount specified in 
        section 8104(a)(3)(A) of this title; and
            ``(B) the other requirements of section 8104 of this title 
        have been met with respect to amounts identified for transfer.

    ``(c) Transfer of Funds to Secretary of Veterans Affairs.--(1) Any 
amount transferred to the Secretary of Veterans Affairs by the Secretary 
of Defense for necessary expenses for the planning, design, or 
construction of a shared medical facility, if the estimated share of the 
project costs of the Department of

[[Page 135 STAT. 1787]]

Veterans Affairs does not exceed the amount specified in section 
8104(a)(3)(A) of this title, may be credited to the `Construction, minor 
projects' account of the Department of Veterans Affairs and used for the 
necessary expenses of constructing such shared medical facility.
    ``(2) Any amount transferred to the Secretary of Veterans Affairs by 
the Secretary of Defense for necessary expenses for the planning, 
design, or construction of a shared medical facility, if the estimated 
share of the project costs of the Department of Veterans Affairs exceeds 
the amount specified in section 8104(a)(3)(A) of this title, may be 
credited to the `Construction, major projects' account of the Department 
of Veterans Affairs and used for the necessary expenses of constructing 
such shared medical facility if the other requirements of section 8104 
of this title have been met with respect to amounts identified for 
transfer.
    ``(d) Merger of Amounts Transferred.--Any amount transferred to the 
Secretary of Defense under subsection (b) and any amount transferred to 
the Secretary of Veterans Affairs under subsection (c) shall be merged 
with and available for the same purposes and the same period as the 
appropriation or fund to which transferred.
    ``(e) Appropriation in Advance.--Amounts may be transferred pursuant 
to the authority under this section only to the extent and in the 
amounts provided in advance in appropriations Acts.
    ``(f) Shared Medical Facility Defined.--In this section, the term 
`shared medical facility'--
            ``(1) means a building or buildings, or a campus, intended 
        to be used by both the Department of Veterans Affairs and the 
        Department of Defense for the provision of health care services, 
        whether under the jurisdiction of the Secretary of Veterans 
        Affairs or the Secretary of Defense, and whether or not located 
        on a military installation or on real property under the 
        jurisdiction of the Secretary of Veterans Affairs; and
            ``(2) includes any necessary building and auxiliary 
        structure, garage, parking facility, mechanical equipment, 
        abutting and covered sidewalks, and accommodations for attending 
        personnel.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of chapter 81 of such title >  is amended by inserting after the item 
        relating to section 8111A the following new item:

``8111B. Shared medical facilities with Department of Defense.''.

SEC. 715. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
                        DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                        FACILITY DEMONSTRATION FUND.

    Section 1704(e) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 2567), as most recently amended 
by section 743 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283), >  is amended by striking ``September 30, 2022'' and 
inserting ``September 30, 2023''.

[[Page 135 STAT. 1788]]

SEC. 716. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SYSTEM TO TRACK 
                        AND RECORD INFORMATION ON VACCINE 
                        ADMINISTRATION.

    (a) Establishment of System.--Section 1110 of title 10, United 
States Code, is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (2) by inserting after the heading the following new 
        subsection:

    ``(a) Overall System to Track and Record Vaccine Information.--
(1) >  The Secretary of Defense, in 
consultation with the Director of the Defense Health Agency and in 
coordination with the Secretaries of the military departments, shall 
establish a system to track and record the following information:
            ``(A) Each vaccine administered by a health care provider of 
        the Department of Defense to a member of an armed force under 
        the jurisdiction of the Secretary of a military department.
            ``(B) Any adverse reaction of the member related to such 
        vaccine.
            ``(C) Each refusal by such a member of any vaccine that is 
        being so administered, including vaccines licensed by the Food 
        and Drug Administration under section 351 of the Public Health 
        Service Act (42 U.S.C. 262) and vaccines otherwise approved or 
        authorized.
            ``(D) Each refusal by such a member of a vaccine on the 
        basis that the vaccine is being administered by a health care 
        provider of the Department pursuant to an emergency use 
        authorization granted by the Commissioner of Food and Drugs 
        under section 564 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 360bbb-3).
            ``(E) Each refusal by such a member of an investigational 
        new drug or a drug unapproved for its applied use that is being 
        administered pursuant to a request or requirement of the 
        Secretary of Defense and with respect to which the President has 
        granted a waiver of the prior consent requirement pursuant to 
        section 1107(f)(1) of this title.

    ``(2) In carrying out paragraph (1), the Secretary of Defense shall 
ensure that--
            ``(A) >  any electronic health record 
        maintained by the Secretary for a member of an armed force under 
        the jurisdiction of the Secretary of a military department is 
        updated with the information specified in such paragraph with 
        respect to the member;
            ``(B) >  any collection, storage, or 
        use of such information is conducted through means involving 
        such cyber protections as the Secretary determines necessary to 
        safeguard the personal information of the member; and
            ``(C) the system established under such paragraph is 
        interoperable and compatible with the electronic health record 
        system known as `MHS GENESIS', or such successor system.''.

    (b) Conforming Amendments.--Such section is further amended--
            (1) in the heading, by striking ``Anthrax vaccine 
        immunization program; procedures for exemptions and monitoring 
        reactions'' and inserting ``System for tracking and recording 
        vaccine information; anthrax vaccine immunization program'';

[[Page 135 STAT. 1789]]

            (2) in subsection (b), as redesignated by subsection 
        (a)(1)--
                    (A) in the heading, by inserting ``From Anthrax 
                Vaccine Immunization Program'' after ``Exemptions'' ; 
                and
                    (B) by striking ``Secretary of Defense'' and 
                inserting ``Secretary''; and
            (3) in the heading of subsection (c), as redesignated by 
        subsection (a)(1), by inserting ``to Anthrax Vaccine'' after 
        ``Reactions''.

    (c) Clerical Amendment.--The table of sections for chapter 55 of 
title 10, United States Code, >  is amended by 
striking the item relating to section 1110 and inserting the following 
new item:

``1110. System for tracking and recording vaccine information; anthrax 
           vaccine immunization program.''.

    (d) >  Deadline for Establishment of 
System.--The Secretary of Defense shall establish the system under 
section 1110 of title 10, United States Code, as added by subsection 
(a), by not later than January 1, 2023.

    (e) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the House of Representatives and the Senate a report 
on the administration of vaccines to members of the Armed Forces under 
the jurisdiction of the Secretary of a military department and on the 
status of establishing the system under section 1110(a) of title 10, 
United States Code (as added by subsection (a)). Such report shall 
include information on the following:
            (1) The process by which such members receive vaccines, and 
        the process by which the Secretary tracks, records, and reports 
        on, vaccines received by such members (including with respect to 
        any transfers by a non-Department provider to the Department of 
        vaccination records or other medical information of the member 
        related to the administration of vaccines by the non-Department 
        provider).
            (2) The storage of information related to the administration 
        of vaccines in the electronic health records of such members, 
        and the cyber protections involved in such storage, as required 
        under such section 1110(a)(2) of title 10, United States Code.
            (3) The general process by which medical information of 
        beneficiaries under the TRICARE program is collected, tracked, 
        and recorded, including the process by which medical information 
        from providers contracted by the Department or from a State or 
        local department of health is transferred to the Department and 
        associated with records maintained by the Secretary.
            (4) >  Any gaps or challenges 
        relating to the vaccine administration process of the Department 
        and any legislative or budgetary recommendations to address such 
        gaps or challenges.

    (f) Definitions.--In this section:
            (1) The term ``military departments'' has the meaning given 
        such term in section 101 of title 10, United States Code.
            (2) The term ``TRICARE program'' has the meaning given such 
        term in section 1072 of such title.
SEC. 717. EXEMPTION FROM REQUIRED PHYSICAL EXAMINATION AND MENTAL 
                        HEALTH ASSESSMENT FOR CERTAIN MEMBERS OF 
                        THE RESERVE COMPONENTS.

    Section 1145(a)(5) of title 10, United States Code is amended--

[[Page 135 STAT. 1790]]

            (1) in subparagraph (A), by striking ``The Secretary'' and 
        inserting ``Except as provided in subparagraph (D), the 
        Secretary''; and
            (2) by adding at the end the following new subparagraph:

    ``(D) The requirement for a physical examination and mental health 
assessment under subparagraph (A) shall not apply with respect to a 
member of a reserve component described in paragraph (2)(B) unless the 
member is retiring, or being discharged or dismissed, from the armed 
forces.''.
SEC. 718. AUTHORIZATION OF PROVISION OF INSTRUCTION AT UNIFORMED 
                        SERVICES UNIVERSITY OF THE HEALTH SCIENCES 
                        TO CERTAIN FEDERAL EMPLOYEES.

    Section 2114(h) of title 10, United States Code, is amended--
            (1) by striking ``The Secretary of Defense'' and inserting 
        ``(1) The Secretary of Defense, in coordination with the 
        Secretary of Health and Human Services and the Secretary of 
        Veterans Affairs,''; and
            (2) by adding at the end the following new paragraph:

    ``(2)(A) A covered employee whose employment or service with the 
Department of Veterans Affairs, Public Health Service, or Coast Guard 
(as applicable) is in a position relevant to national security or health 
sciences may receive instruction at the University within the scope of 
such employment or service.
    ``(B) >  If a covered employee receives 
instruction at the University pursuant to subparagraph (A), the head of 
the Federal agency concerned shall reimburse the University for the cost 
of providing such instruction to the covered employee. Amounts received 
by the University under this subparagraph shall be retained by the 
University to defray the costs of such instruction.

    ``(C) > Notwithstanding subsections (b) 
through (e) and subsection (i), the head of the Federal agency concerned 
shall determine the service obligations of the covered employee 
receiving instruction at the University pursuant to subparagraph (A) in 
accordance with applicable law.

    ``(D) >  In this paragraph--
            ``(i) the term `covered employee' means an employee of the 
        Department of Veterans Affairs, a civilian employee of the 
        Public Health Service, a member of the commissioned corps of the 
        Public Health Service, a member of the Coast Guard, or a 
        civilian employee of the Coast Guard; and
            ``(ii) the term `head of the Federal agency concerned' means 
        the head of the Federal agency that employs, or has jurisdiction 
        over the uniformed service of, a covered employee permitted to 
        receive instruction at the University under subparagraph (A) in 
        the relevant position described in such subparagraph.''.
SEC. 719. REMOVAL OF REQUIREMENT FOR ONE YEAR OF PARTICIPATION IN 
                        CERTAIN MEDICAL AND LIFESTYLE INCENTIVE 
                        PROGRAMS OF THE DEPARTMENT OF DEFENSE TO 
                        RECEIVE BENEFITS UNDER SUCH PROGRAMS.

    Section 729 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 10 U.S.C. 1073 note) is amended--
            (1) in subsection (a)(1), by striking ``in the previous 
        year'';
            (2) in subsection (b), by striking ``in the previous year''; 
        and
            (3) in subsection (c), by striking ``in the previous year''.

[[Page 135 STAT. 1791]]

SEC. 720. >  DEPARTMENT OF DEFENSE 
                        STANDARDS FOR EXEMPTIONS FROM MANDATORY 
                        COVID-19 VACCINES.

    (a) Standards.--The Secretary of Defense shall establish uniform 
standards under which covered members may be exempted from receiving an 
otherwise mandated COVID-19 vaccine for administrative, medical, or 
religious reasons.
    (b) Definitions.--In this section:
            (1) The term ``covered member'' means a member of an Armed 
        Force under the jurisdiction of the Secretary of a military 
        department.
            (2) The term ``COVID-19 vaccine'' means any vaccine for the 
        coronavirus disease 2019 (COVID-19), including any subsequent 
        booster shot for COVID-19.
SEC. 721. >  ESTABLISHMENT 
                        OF CENTERS OF EXCELLENCE FOR ENHANCED 
                        TREATMENT OF OCULAR INJURIES.

    (a) In General.--Not later than October 1, 2023, the Secretary of 
Defense, acting through the Director of the Defense Health Agency, shall 
establish within the Defense Health Agency not fewer than four regional 
centers of excellence for the enhanced treatment of--
            (1) ocular wounds or injuries; and
            (2) vision dysfunction related to traumatic brain injury.

    (b) Location of Centers.--Each center of excellence established 
under subsection (a) shall be located at a military medical center that 
provides graduate medical education in ophthalmology and related 
subspecialties and shall be the primary center for providing specialized 
medical services for vision for members of the Armed Forces in the 
region in which the center of excellence is located.
    (c) >  Policies for 
Referral of Beneficiaries.--Not later than October 1, 2023, the Director 
of the Defense Health Agency shall publish on a publicly available 
internet website of the Department of Defense policies for the referral 
of eligible beneficiaries of the Department to centers of excellence 
established under subsection (a) for evaluation and treatment.

    (d) Identification of Medical Personnel Billets and Staffing.--The 
Secretary of each military department, in conjunction with the Joint 
Staff Surgeon and the Director of the Defense Health Agency, shall 
identify specific medical personnel billets essential for the evaluation 
and treatment of ocular sensory injuries and ensure that centers of 
excellence established under subsection (a) are staffed with such 
personnel at the level required for the enduring medical support of each 
such center.
    (e) Briefing.--Not later than December 31, 2023, the Secretary of 
Defense shall provide to the Committees on Armed Services of the Senate 
and the House of Representatives a briefing that--
            (1) describes the establishment of each center of excellence 
        established under subsection (a), to include the location, 
        capability, and capacity of each such center;
            (2) describes the referral policy published by the Defense 
        Health Agency under subsection (c);
            (3) identifies the medical personnel billets identified 
        under subsection (d); and
            (4) >  provides a plan for the staffing of 
        personnel at such centers to ensure the enduring medical support 
        of each such center.

[[Page 135 STAT. 1792]]

    (f) Military Medical Center Defined.--In this section, the term 
``military medical center'' means a medical center described in section 
1073d(b) of title 10, United States Code.
SEC. 722. >  IMPLEMENTATION OF 
                        INTEGRATED PRODUCT FOR MANAGEMENT OF 
                        POPULATION HEALTH ACROSS MILITARY HEALTH 
                        SYSTEM.

    (a) Integrated Product.--The Secretary of Defense shall develop and 
implement an integrated product for the management of population health 
across the military health system. Such integrated product shall serve 
as a repository for the health care, demographic, and other relevant 
data of all covered beneficiaries, including with respect to data on 
health care services furnished to such beneficiaries through the 
purchased care and direct care components of the TRICARE program, and 
shall--
            (1) be compatible with the electronic health record system 
        maintained by the Secretary for members of the Armed Forces;
            (2) enable the collection and stratification of data from 
        multiple sources to measure population health goals, facilitate 
        disease management programs of the Department, improve patient 
        education, and integrate wellness services across the military 
        health system; and
            (3) enable predictive modeling to improve health outcomes 
        for patients and to facilitate the identification and correction 
        of medical errors in the treatment of patients, issues regarding 
        the quality of health care services provided, and gaps in health 
        care coverage.

    (b) >  Considerations in Development.--In 
developing the integrated product under subsection (a), the Secretary 
shall harmonize such development with any policies of the Department 
relating to a digital health strategy (including the digital health 
strategy under section 723), coordinate with improvements to the 
electronic health record system specified in subsection (a)(1) to ensure 
the compatibility required under such subsection, and consider methods 
to improve beneficiary interface.

    (c) Definitions.--In this section:
            (1) The terms ``covered beneficiary'' and ``TRICARE 
        program'' have the meanings given such terms in section 1072 of 
        title 10, United States Code.
            (2) The term ``integrated product'' means an electronic 
        system of systems (or solutions or products) that provides for 
        the integration and sharing of data to meet the needs of an end 
        user in a timely and cost-effective manner.
SEC. 723. >  DIGITAL HEALTH STRATEGY OF 
                        DEPARTMENT OF DEFENSE.

    (a) Digital Health Strategy.--
            (1) Strategy.--Not later than April 1, 2022, the Secretary 
        of Defense shall develop a digital health strategy of the 
        Department of Defense to incorporate new and emerging 
        technologies and methods (including three-dimensional printing, 
        virtual reality, wearable devices, big data and predictive 
        analytics, distributed ledger technologies, and other innovative 
        methods that leverage new or emerging technologies) in the 
        provision of clinical care within the military health system.
            (2) Elements.--The strategy under paragraph (1) shall 
        address, with respect to future use within the military health 
        system, the following:

[[Page 135 STAT. 1793]]

                    (A) Emerging technology to improve the delivery of 
                clinical care and health services.
                    (B) Emerging technology to improve the patient 
                experience in matters relating to medical case 
                management, appointing, and referrals in both the direct 
                care and purchased care components of the TRICARE 
                program, as such term is defined in section 1072 of 
                title 10, United States Code.
                    (C) Design thinking to improve the delivery of 
                clinical care and health services.
                    (D) Advanced clinical decision support systems.
                    (E) Simulation technologies for clinical training 
                (including through simulation immersive training) and 
                clinical education, and for the training of health care 
                personnel in the adoption of emerging technologies for 
                clinical care delivery.
                    (F) Wearable devices.
                    (G) Three-dimensional printing and related 
                technologies.
                    (H) Data-driven decision making, including through 
                the use of big data and predictive analytics, in the 
                delivery of clinical care and health services.

    (b) Briefing.--Not later than July 1, 2022, the Secretary shall 
provide to the Committees on Armed Services of the House of 
Representatives and the Senate a briefing setting forth--
            (1) the strategy under subsection (a); and
            (2) >  a plan to 
        implement such strategy, including the estimated timeline and 
        cost for such implementation.
SEC. 724. >  DEVELOPMENT AND 
                        UPDATE OF CERTAIN POLICIES RELATING TO 
                        MILITARY HEALTH SYSTEM AND INTEGRATED 
                        MEDICAL OPERATIONS.

    (a) >  In General.--By not later than October 
1, 2022, the Secretary of Defense, in coordination with the Secretaries 
of the military departments and the Chairman of the Joint Chiefs of 
Staff, shall develop and update certain policies relating to the 
military health system and integrated medical operations of the 
Department of Defense as follows:
            (1) Updated plan on integrated medical operations in 
        continental united states.--The Secretary of Defense shall 
        develop an updated plan on integrated medical operations in the 
        continental United States and update the Department of Defense 
        Instruction 6010.22, titled ``National Disaster Medical System 
        (NDMS)'' (or such successor instruction) accordingly. Such 
        updated plan shall--
                    (A) be informed by the operational plans of the 
                combatant commands and by the joint medical estimate 
                under section 732 of the John S. McCain National Defense 
                Authorization Act for Fiscal Year 2019 (Public Law 115-
                232; 132 Stat. 1817);
                    (B) include an updated bed plan, to include bed 
                space available through the military health system and 
                through hospitals participating in the National Disaster 
                Medical System established pursuant to section 2812 of 
                the Public Health Service Act (42 U.S.C. 300hh-11);
                    (C) >  include 
                a determination as to whether combat casualties should 
                receive medical care under the direct care

[[Page 135 STAT. 1794]]

                or purchased care component of the military health 
                system and a risk analysis in support of such 
                determination;
                    (D) identify the manning levels required to furnish 
                medical care under the updated plan, including with 
                respect to the levels of military personnel, civilian 
                employees of the Department, and contractors of the 
                Department; and
                    (E) >  include a cost 
                estimate for the furnishment of such medical care.
            (2) Updated plan on global patient movement.--The Secretary 
        of Defense shall develop an updated plan on global patient 
        movement and update the Department of Defense Instruction 
        5154.06, relating to medical military treatment facilities and 
        patient movement (or such successor instruction) accordingly. 
        Such updated plan shall--
                    (A) be informed by the operational plans of the 
                combatant commands and by the joint medical estimate 
                under section 732 of the John S. McCain National Defense 
                Authorization Act for Fiscal Year 2019 (Public Law 115-
                232; 132 Stat. 1817);
                    (B) >  include a risk 
                assessment with respect to patient movement compared 
                against overall operational plans;
                    (C) include a description of any capabilities-based 
                assessment of the Department that informed the updated 
                plan or that was in progress during the time period in 
                which the updated plan was developed;
                    (D) identify the manning levels, equipment and 
                consumables, and funding levels, required to carry out 
                the updated plan; and
                    (E) address airlift capability, medical evacuation 
                capability, and access to ports of embarkation.
            (3) Assessment of biosurveillance and medical research 
        capabilities.--The Secretary of Defense shall conduct an 
        assessment of the biosurveillance and medical research 
        capabilities of the Department of Defense. Such assessment shall 
        include the following:
                    (A) An identification of the location and strategic 
                value of the overseas medical laboratories and overseas 
                medical research programs of the Department.
                    (B) An assessment of the current capabilities of 
                such laboratories and programs with respect to force 
                health protection and evidence-based medical research.
                    (C) >  A determination as to 
                whether such laboratories and programs have the 
                capabilities, including as a result of the geographic 
                location of such laboratories and programs, to provide 
                force health protection and evidence-based medical 
                research, including by actively monitoring for future 
                pandemics, infectious diseases, and other potential 
                health threats to members of the Armed Forces.
                    (D) The current biosurveillance and medical research 
                capabilities of the Department.
                    (E) The current manning levels of the 
                biosurveillance and medical research entities of the 
                Department, including an assessment of whether such 
                entities are manned at a level necessary to support the 
                missions of the combatant commands (including with 
                respect to missions related to pandemic influenza or 
                homeland defense).

[[Page 135 STAT. 1795]]

                    (F) The current funding levels of such entities, 
                including a risk assessment as to whether such funding 
                is sufficient to sustain the manning levels necessary to 
                support missions as specified in subparagraph (E).

    (b) >  Interim Briefing.--Not later than April 
1, 2022, the Secretary of Defense, in coordination with the Secretaries 
of the military departments and the Chairman of the Joint Chiefs of 
Staff, shall provide to the Committees on Armed Services of the House of 
Representatives and the Senate an interim briefing on the progress of 
implementation of the plans and assessment required under subsection 
(a).

    (c) Report.--Not later than December 1, 2022, the Secretary of 
Defense shall submit to the Committees on Armed Services of the House of 
Representatives and the Senate a report describing each updated plan and 
assessment required under subsection (a).
SEC. 725. >  MANDATORY TRAINING ON 
                        HEALTH EFFECTS OF BURN PITS.

    The Secretary of Defense shall provide to each medical provider of 
the Department of Defense mandatory training with respect to the 
potential health effects of burn pits.
SEC. 726. >  STANDARDIZATION 
                        OF DEFINITIONS USED BY THE DEPARTMENT OF 
                        DEFENSE FOR TERMS RELATED TO SUICIDE.

    (a) >  Standardization of Definitions.--Not 
later than 120 days after the date of the enactment of this Act, the 
Secretary of Defense, in coordination with the Secretaries of the 
military departments, shall develop standardized definitions for the 
following terms:
            (1) ``Suicide''.
            (2) ``Suicide attempt''.
            (3) ``Suicidal ideation''.

    (b) Required Use of Standardized Definitions.--Not later than 180 
days after the date of the enactment of this Act, the Secretary shall 
issue policy guidance requiring the exclusive and uniform use across the 
Department of Defense and within each military department of the 
standardized definitions developed under subsection (a) for the terms 
specified in such subsection.
    (c) Briefing.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall provide to the Committees on 
Armed Services of the House of Representatives and the Senate a briefing 
that sets forth the standardized definitions developed under subsection 
(a) and includes--
            (1) a description of the process that was used to develop 
        such definitions;
            (2) a description of the methods by which data shall be 
        collected on suicide, suicide attempts, and suicidal ideations 
        (as those terms are defined pursuant to such definitions) in a 
        standardized format across the Department and within each 
        military department; and
            (3) >  an implementation plan to ensure the 
        use of such definitions as required pursuant to subsection (b).

                  Subtitle C--Reports and Other Matters

SEC. 731. MODIFICATIONS AND REPORTS RELATED TO MILITARY MEDICAL 
                        MANNING AND MEDICAL BILLETS.

    (a) Military Medical Manning and Medical Billets.--

[[Page 135 STAT. 1796]]

            (1) Modifications to limitation on reduction or 
        realignment.--Section 719 of the National Defense Authorization 
        Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1454), as 
        amended by section 717 of the William M. (Mac) Thornberry 
        National Defense Authorization Act for Fiscal Year 2021 (Public 
        Law 116-283), >  is further amended--
                    (A) in subsection (a), by striking ``180 days 
                following the date of the enactment of the William M. 
                (Mac) Thornberry National Defense Authorization Act for 
                Fiscal Year 2021'' and inserting ``the year following 
                the date of the enactment of the National Defense 
                Authorization Act for Fiscal Year 2022''; and
                    (B) in subsection (b)(1), by inserting ``, including 
                any billet validation requirements determined pursuant 
                to estimates provided in the joint medical estimate 
                under section 732 of the John S. McCain National Defense 
                Authorization Act for Fiscal Year 2019 (Public Law 115-
                232),'' after ``requirements of the military department 
                of the Secretary''.
            (2) GAO report on reduction or realignment of military 
        medical manning and medical billets.--
                    (A) Report.--Not later than one year after the date 
                of the enactment of this Act, the Comptroller General of 
                the United States shall submit to the Committees on 
                Armed Services of the House of Representatives and the 
                Senate a report on the analyses used to support any 
                reduction or realignment of military medical manning, 
                including any reduction or realignment of medical 
                billets of the military departments.
                    (B) >  Elements.--The report 
                under subparagraph (A) shall include the following:
                          (i) >  An 
                      analysis of the use of the joint medical estimate 
                      under section 732 of the John S. McCain National 
                      Defense Authorization Act for Fiscal Year 2019 
                      (Public Law 115-232; 132 Stat. 1817) and wartime 
                      scenarios to determine military medical manpower 
                      requirements, including with respect to pandemic 
                      influenza and homeland defense missions.
                          (ii) An assessment of whether the Secretaries 
                      of the military departments have used the 
                      processes under section 719(b) of the National 
                      Defense Authorization Act for Fiscal Year 2020 
                      (Public Law 116-92; 133 Stat. 1454) to ensure that 
                      a sufficient combination of skills, specialties, 
                      and occupations are validated and filled prior to 
                      the transfer of any medical billets of a military 
                      department to fill other military medical manpower 
                      needs.
                          (iii) An assessment of the effect of the 
                      reduction or realignment of such billets on local 
                      health care networks and whether the Director of 
                      the Defense Health Agency has conducted such an 
                      assessment in coordination with the Secretaries of 
                      the military departments.

    (b) Assignment of Medical and Dental Personnel of the Military 
Departments to Military Medical Treatment Facilities.--
            (1) >  Deadline for assignment.--
        The Secretaries of the military departments shall ensure that 
        the Surgeons General

[[Page 135 STAT. 1797]]

        of the Armed Forces carry out fully the requirements of section 
        712(b)(3) of the John S. McCain National Defense Authorization 
        Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1073c 
        note) by not later than September 30, 2022.
            (2) Additional requirement for walter reed national military 
        medical center.--
                    (A) > Assignment of military 
                personnel.--For fiscal years 2023 through 2027, except 
                as provided in subparagraph (B), the Secretary of 
                Defense shall ensure that the Secretaries of the 
                military departments assign to the Walter Reed National 
                Military Medical Center sufficient military personnel to 
                meet not less than 85 percent of the joint table of 
                distribution in effect for such facility on December 23, 
                2016.
                    (B) >  Exception.--
                Subparagraph (A) shall not apply to any fiscal year for 
                which the Secretary of Defense certifies at the 
                beginning of such fiscal year to the Committees on Armed 
                Services of the Senate and the House of Representatives 
                that notwithstanding the failure to meet the requirement 
                under such paragraph, the Walter Reed National Military 
                Medical Center is fully capable of carrying out all 
                significant activities as the premier medical center of 
                the military health system.
            (3) Reports.--
                    (A) >  In general.--Not later 
                than September 30, 2022, each Secretary of a military 
                department shall submit to the Committees on Armed 
                Services of the Senate and the House of Representatives 
                a report on the compliance of the military department 
                concerned with this subsection. Each 
                such > report shall include--
                          (i) an accounting of the number of uniformed 
                      personnel and civilian personnel assigned to a 
                      military medical treatment facility as of October 
                      1, 2019; and
                          (ii) a comparable accounting as of September 
                      30, 2022.
                    (B) Explanation.--If the number specified in clause 
                (ii) of subparagraph (A) is less than the number 
                specified in clause (i) of such subparagraph, the 
                Secretary concerned shall provide a full explanation for 
                the reduction.
SEC. 732. >  ACCESS BY UNITED STATES 
                        GOVERNMENT EMPLOYEES AND THEIR FAMILY 
                        MEMBERS TO CERTAIN FACILITIES OF 
                        DEPARTMENT OF DEFENSE FOR ASSESSMENT AND 
                        TREATMENT OF ANOMALOUS HEALTH CONDITIONS.

    (a) >  Assessment.--The Secretary of Defense 
shall provide to employees of the United States Government and their 
family members who the Secretary determines are experiencing symptoms of 
certain anomalous health conditions, as defined by the Secretary for 
purposes of this section, timely access for medical assessment, subject 
to space availability, to the National Intrepid Center of Excellence, an 
Intrepid Spirit Center, or an appropriate military medical treatment 
facility, as determined by the Secretary.

    (b) Treatment.--With respect to an individual described in 
subsection (a) diagnosed with an anomalous health condition or a related 
affliction, whether diagnosed under an assessment under subsection (a) 
or otherwise, the Secretary of Defense shall furnish to the individual 
treatment for the condition or affliction, subject

[[Page 135 STAT. 1798]]

to space availability, at the National Intrepid Center of Excellence, an 
Intrepid Spirit Center, or an appropriate military medical treatment 
facility, as determined by the Secretary.
    (c) >  Development of Process.--The 
Secretary of Defense, in consultation with the heads of such Federal 
agencies as the Secretary considers appropriate, shall develop a process 
to ensure that employees from those agencies and their family members 
are afforded timely access to the National Intrepid Center of 
Excellence, an Intrepid Spirit Center, or an appropriate military 
medical treatment facility pursuant to subsection (a) by not later than 
60 days after the date of the enactment of this Act.

    (d) >  Modification of Department of Defense Trauma 
Registry.--The Secretary of Defense shall modify the Trauma Registry of 
the Department of Defense to include data on the demographics, 
condition-producing event, diagnosis and treatment, and outcomes of 
anomalous health conditions experienced by employees of the United 
States Government and their family members assessed or treated under 
this section, subject to an agreement by the employing agency and the 
consent of the employee.
SEC. 733. >  PILOT PROGRAM ON CARDIAC 
                        SCREENING AT CERTAIN MILITARY SERVICE 
                        ACADEMIES.

    (a) Pilot Program.--The Secretary of Defense shall establish a pilot 
program to furnish mandatory electrocardiograms to individuals who have 
been admitted to a covered military service academy in connection with 
the military accession screening process, at no cost to such candidates.
    (b) >  Scope.--The scope of 
the pilot program under subsection (a) shall include at least 25 percent 
of the incoming class of individuals who have been admitted to a covered 
military service academy during the first fall semester that follows the 
date of the enactment of this Act, and the pilot program shall terminate 
on the date on which the Secretary determines the military accession 
screening process for such class has concluded.

    (c) Furnishing of Electrocardiograms.--In carrying out the pilot 
program under subsection (a), the Secretary shall furnish each mandatory 
electrocardiogram under the pilot program in a facility of the 
Department of Defense or by medical personnel within the military health 
system.
    (d) >  Briefing.--Not later than 180 days after 
the date on which the pilot program under subsection (a) terminates, the 
Secretary shall provide to the Committees on Armed Services of the 
Senate and the House of Representatives a briefing on the pilot program. 
Such briefing shall include the following:
            (1) The results of all electrocardiograms furnished to 
        individuals under the pilot program, disaggregated by military 
        service academy, race, and gender.
            (2) The rate of significant cardiac issues detected pursuant 
        to electrocardiograms furnished under the pilot program, 
        disaggregated by military service academy, race, and gender.
            (3) >  The cost of carrying out the pilot 
        program.
            (4) The number of individuals, if any, who were disqualified 
        from admission based solely on the result of an 
        electrocardiogram furnished under the pilot program.

    (e) Covered Military Service Academy Defined.--In this section, the 
term ``covered military service academy'' does not

[[Page 135 STAT. 1799]]

include the United States Coast Guard Academy or the United States 
Merchant Marine Academy.
SEC. 734. >  PILOT PROGRAM ON 
                        ASSISTANCE FOR MENTAL HEALTH APPOINTMENT 
                        SCHEDULING AT MILITARY MEDICAL TREATMENT 
                        FACILITIES.

    (a) >  Pilot Program.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall commence a pilot program, to be carried out for at least a one-
year period, to provide direct assistance for mental health appointment 
scheduling under the direct care and purchased care components of the 
TRICARE program, through facilities and clinics selected by the 
Secretary for participation in the pilot program in a number determined 
by the Secretary.

    (b) Briefings.--
            (1) First briefing.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall provide to the 
        Committees on Armed Services of the House of Representatives and 
        the Senate a briefing on the nature of the pilot program under 
        subsection (a).
            (2) Final briefing.--Not later than 90 days after the date 
        on which the pilot program under subsection (a) terminates, the 
        Secretary shall provide to the Committees on Armed Services of 
        the House of Representatives and the Senate a briefing on the 
        pilot program. > Such briefing shall 
        include an assessment of--
                    (A) the effectiveness of the pilot program with 
                respect to improved access to mental health 
                appointments; and
                    (B) any barriers to scheduling mental health 
                appointments under the pilot program observed by health 
                care professionals or other individuals involved in 
                scheduling such appointments.

    (c) TRICARE Program Defined.--In this section, the term ``TRICARE 
program'' has the meaning given such term in section 1072 of title 10, 
United States Code.
SEC. 735. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN 
                        RESEARCH CONNECTED TO CHINA.

    (a) Prohibition.--None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2022 for the 
Department of Defense may be obligated or expended to fund any work to 
be performed by EcoHealth Alliance, Inc. in China on research supported 
by the government of China.
    (b) Waiver.--The Secretary of Defense may waive the prohibition 
under subsection (a) if the Secretary--
            (1) >  determines that the waiver is 
        in the national security interests of the United States; and
            (2) >  not later than 14 days after 
        granting the waiver, submits to the congressional defense 
        committees a detailed justification for the waiver, including--
                    (A) an identification of the Department of Defense 
                entity obligating or expending the funds;
                    (B) an identification of the amount of such funds;
                    (C) an identification of the intended purpose of 
                such funds;
                    (D) an identification of the recipient or 
                prospective recipient of such funds (including any 
                third-party entity recipient, as applicable);

[[Page 135 STAT. 1800]]

                    (E) an explanation for how the waiver is in the 
                national security interests of the United States; and
                    (F) > any other information 
                the Secretary determines appropriate.
SEC. 736. >  LIMITATION ON CERTAIN 
                        DISCHARGES SOLELY ON THE BASIS OF FAILURE 
                        TO OBEY LAWFUL ORDER TO RECEIVE COVID-19 
                        VACCINE.

    (a) >  Limitation.--During the period of time 
beginning on August 24, 2021, and ending on the date that is two years 
after the date of the enactment of this Act, any administrative 
discharge of a covered member, on the sole basis that the covered member 
failed to obey a lawful order to receive a vaccine for COVID-19, shall 
be--
            (1) an honorable discharge; or
            (2) a general discharge under honorable conditions.

    (b) Definitions.--In this section:
            (1) The terms ``Armed Forces'' and ``military departments'' 
        have the meanings given such terms in section 101 of title 10, 
        United States Code.
            (2) The term ``covered member'' means a member of an Armed 
        Force under the jurisdiction of the Secretary of a military 
        department.
SEC. 737. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE 
                        COMPREHENSIVE AUTISM CARE DEMONSTRATION 
                        PROGRAM.

    (a) >  Agreement.--
            (1) In general.--The Secretary of Defense shall seek to 
        enter into an agreement with the National Academies of Sciences, 
        Engineering, and Medicine (in this section referred to as the 
        ``National Academies'') for the National Academies to carry out 
        the activities described in subsections (b) and (c).
            (2) >  Timing.--The Secretary shall seek 
        to enter into the agreement described in paragraph (1) not later 
        than 60 days after the date of the enactment of this Act.

    (b) Analysis by the National Academies.--
            (1) >  Analysis.--Under an 
        agreement between the Secretary and the National Academies 
        entered into pursuant to subsection (a), the National Academies 
        shall conduct an analysis of the effectiveness of the Department 
        of Defense Comprehensive Autism Care Demonstration program (in 
        this section referred to as the ``demonstration program'') and 
        develop recommendations for the Secretary based on such 
        analysis.
            (2) Elements.--The analysis conducted and recommendations 
        developed under paragraph (1) shall include the following:
                    (A) >  An 
                assessment of all methods used to assist in the 
                assessment of domains related to autism spectrum 
                disorder, including a determination as to whether the 
                Secretary is applying such methods appropriately under 
                the demonstration project.
                    (B) >  An assessment of the 
                methods used under the demonstration project to measure 
                the effectiveness of applied behavior analysis in the 
                treatment of autism spectrum disorder.
                    (C) >  A review of any guidelines 
                or industry standards of care adhered to in the 
                provision of applied behavior

[[Page 135 STAT. 1801]]

                analysis services under the demonstration program, 
                including a review of the effects of such adherence with 
                respect to dose-response or health outcomes for an 
                individual who has received such services.
                    (D) >  A review of the health 
                outcomes for an individual who has received applied 
                behavior analysis treatments over time.
                    (E) An analysis of the increased utilization of the 
                demonstration program by beneficiaries under the TRICARE 
                program, to improve understanding of such utilization.
                    (F) Such other analyses to measure the effectiveness 
                of the demonstration program as may be determined 
                appropriate by the National Academies.
                    (G) An analysis on whether the incidence of autism 
                is higher among the children of military families.
                    (H) >  The 
                development of a list of recommendations related to the 
                measurement, effectiveness, and increased understanding 
                of the demonstration program and its effect on 
                beneficiaries under the TRICARE program.

    (c) Report.--Under an agreement entered into between the Secretary 
and the National Academies under subsection (a), the National Academies, 
not later than nine months after the date of the execution of the 
agreement, shall--
            (1) submit to the congressional defense committees a report 
        on the findings of the National Academies with respect to the 
        analysis conducted and recommendations developed under 
        subsection (b); and
            (2) >  make such 
        report available on a public website in unclassified form.
SEC. 738. INDEPENDENT REVIEW OF SUICIDE PREVENTION AND RESPONSE AT 
                        MILITARY INSTALLATIONS.

    (a) >  Establishment of Committee.--Not later than 
90 days after the date of the enactment of this Act, the Secretary of 
Defense shall establish an independent suicide prevention and response 
review committee.

    (b) Membership.--The committee established under subsection (a) 
shall be composed of not fewer than five individuals--
            (1) >  designated by the Secretary;
            (2) with expertise determined to be relevant by the 
        Secretary, including at least one individual who is an 
        experienced provider of mental health services; and
            (3) none of whom may be a member of an Armed Force or a 
        civilian employee of the Department of Defense.

    (c) Selection of Military Installations.--
            (1) >  In general.--The Secretary shall 
        select, for review by the committee established under subsection 
        (a), at least one military installation under the jurisdiction 
        of each military department.
            (2) Inclusion of remote installation.--The Secretary shall 
        ensure that, of the total military installations selected for 
        review under paragraph (1), at least one such installation is a 
        remote installation of the Department of Defense located outside 
        the contiguous United States.

    (d) Duties.--The committee established under subsection (a) shall 
review the suicide prevention and response programs and other factors 
that may contribute to the incidence or prevention

[[Page 135 STAT. 1802]]

of suicide at the military installations selected for review pursuant to 
subsection (c). Such review shall be conducted through means including--
            (1) a confidential survey;
            (2) focus groups; and
            (3) individual interviews.

    (e) Coordination.--In carrying out this section, the Secretary shall 
ensure that the Director of the Office of People Analytics of the 
Department of Defense and the Director of the Office of Force Resiliency 
of the Department of Defense coordinate and cooperate with the committee 
established under subsection (a).
    (f) Reports.--
            (1) >  Report to secretary.--Not 
        later than 270 days after the date of the establishment of the 
        committee under subsection (a), the committee shall submit to 
        the Secretary a report containing the results of the reviews 
        conducted by the committee and recommendations of the committee 
        to reduce the incidence of suicide at the military installations 
        reviewed.
            (2) Report to congress.--Not later than 330 days after the 
        date of the establishment of the committee under subsection (a), 
        the committee shall submit to the Committees on Armed Services 
        of the House of Representatives and the Senate the report under 
        paragraph (1).

    (g) Termination.--The committee established under subsection (a) 
shall terminate on a date designated by the Secretary as the date on 
which the work of the committee has been completed.
    (h) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the committee established under 
subsection (a).
SEC. 739. >  FEASIBILITY AND 
                        ADVISABILITY STUDY ON ESTABLISHMENT OF 
                        AEROMEDICAL SQUADRON AT JOINT BASE PEARL 
                        HARBOR-HICKAM.

    (a) >  Study.--Not later than April 1, 2022, 
the Secretary of Defense, in consultation with the Chief of the National 
Guard Bureau and the Director of the Air National Guard, shall complete 
a study on the feasibility and advisability of establishing at Joint 
Base Pearl Harbor-Hickam an aeromedical squadron of the Air National 
Guard in Hawaii to support the aeromedical mission needs of the United 
States Indo-Pacific Command.

    (b) >  Elements.--The study under subsection 
(a) shall assess the following:
            (1) The manpower required for the establishment of an 
        aeromedical squadron of the Air National Guard in Hawaii as 
        specified in subsection (a).
            (2) >  The overall cost of such 
        establishment.
            (3) The length of time required for such establishment.
            (4) >  The mission requirements for 
        such establishment.
            (5) Such other matters as may be determined relevant by the 
        Secretary.

    (c) Briefing.--Not later than April 1, 2022, the Secretary shall 
provide to the Committees on Armed Services of the House of 
Representatives and the Senate a briefing on the findings of the 
feasibility and advisability study under subsection (a), including with 
respect to each element specified in subsection (b).

[[Page 135 STAT. 1803]]

SEC. 740. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS OF THE 
                        ARMED FORCES SERVING ON ACTIVE DUTY.

    (a) Study.--The Secretary of Defense shall conduct a study on the 
incidence of breast cancer among members of the Armed Forces serving on 
active duty.
    (b) Elements.--The study under subsection (a) shall include the 
following:
            (1) >  A determination 
        of the number of members of the Armed Forces who served on 
        active duty at any time during the period beginning on January 
        1, 2011, and ending on the date of the enactment of this Act who 
        were diagnosed with breast cancer during such period.
            (2) >  A determination of demographic 
        information regarding such members, including race, ethnicity, 
        sex, age, military occupational specialty, and rank.
            (3) A comparison of the rates of members of the Armed Forces 
        serving on active duty who have breast cancer to civilian 
        populations with comparable demographic characteristics.
            (4) An identification of potential factors associated with 
        service in the Armed Forces that could increase the risk of 
        breast cancer for members of the Armed Forces serving on active 
        duty.
            (5) To the extent the data are available, an identification 
        of overseas locations associated with airborne hazards, such as 
        burn pits, and members of the Armed Forces diagnosed with breast 
        cancer who served on active duty in such locations.
            (6) >  An assessment of the 
        effectiveness of outreach by the Department of Defense to 
        members of the Armed Forces to identify risks of, prevent, 
        detect, and treat breast cancer.
            (7) >  An assessment of the feasibility 
        and advisability of changing the current mammography screening 
        policy of the Department to incorporate all members of the Armed 
        Forces who deployed overseas to an area associated with airborne 
        hazards, such as burn pits.
            (8) >  An assessment of the feasibility 
        and advisability of conducting digital breast tomosynthesis at 
        facilities of the Department that provide mammography services.
            (9) >  Such recommendations as 
        the Secretary may have for changes to policy or law that could 
        improve the prevention, early detection, awareness, and 
        treatment of breast cancer among members of the Armed Forces 
        serving on active duty, including any additional resources 
        needed.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report on the findings and recommendations of the study 
under subsection (a), including a description of any further unique 
military research needed with respect to breast cancer.
SEC. 741. GAO BIENNIAL STUDY ON INDIVIDUAL LONGITUDINAL EXPOSURE 
                        RECORD PROGRAM.

    (a) >  Studies and Reports 
Required.--Not later than December 31, 2023, and once every two years 
thereafter until December 31, 2030, the Comptroller General of the 
United States shall--
            (1) conduct a study on the implementation and effectiveness 
        of the Individual Longitudinal Exposure Record program of

[[Page 135 STAT. 1804]]

        the Department of Defense and the Department of Veterans 
        Affairs; and
            (2) submit to the appropriate congressional committees a 
        report containing the findings of the most recently conducted 
        study.

    (b) >  Elements.--The biennial studies under 
subsection (a) shall include an assessment of elements as follows:
            (1) Initial study.--The initial study conducted under 
        subsection (a) shall assess, at a minimum, the following:
                    (A) Statistics relating to use of the Individual 
                Longitudinal Exposure Record program, including the 
                total number of individuals the records of whom are 
                contained therein and the total number of records 
                accessible under the program.
                    (B) >  Costs associated with the 
                program, including any cost overruns associated with the 
                program.
                    (C) The capacity to expand the program to include 
                the medical records of veterans who served prior to the 
                establishment of the program.
                    (D) Any illness recently identified as relating to a 
                toxic exposure (or any guidance relating to such an 
                illness recently issued) by either the Secretary of 
                Defense or the Secretary of Veterans Affairs, including 
                any such illness or guidance that relates to open burn 
                pit exposure.
                    (E) How the program has enabled (or failed to 
                enable) the discovery, notification, and medical care of 
                individuals affected by an illness described in 
                subparagraph (D).
                    (F) Physician and patient feedback on the program, 
                particularly feedback that relates to ease of use.
                    (G) >  Cybersecurity and privacy 
                protections of patient data stored under the program, 
                including whether any classified or restricted data has 
                been stored under the program (such as data relating to 
                deployment locations or duty stations).
                    (H) >  Any technical or logistical 
                impediments to the implementation or expansion of the 
                program, including any impediments to the inclusion in 
                the program of databases or materials originally 
                intended to be included.
                    (I) >  Any issues relating to read-
                only access to data under the program by veterans.
                    (J) Any issues relating to the interoperability of 
                the program between the Department of Defense and the 
                Department of Veterans Affairs.
            (2) Subsequent studies.--Except as provided in paragraph 
        (3), each study conducted under subsection (a) following the 
        initial study specified in paragraph (1) shall assess--
                    (A) statistics relating to use of the Individual 
                Longitudinal Exposure Record program, including the 
                total number of individuals the records of whom are 
                contained therein and the total number of records 
                accessible under the program; and
                    (B) >  such other elements as 
                the Comptroller General determines appropriate, which 
                may include any other element specified in paragraph 
                (1).
            (3) Final study.--The final study conducted under subsection 
        (a) shall assess--

[[Page 135 STAT. 1805]]

                    (A) the elements specified in subparagraphs (A), 
                (B), (D), (E), (F), and (H) of paragraph (1); and
                    (B) >  such other elements as 
                the Comptroller General determines appropriate, which 
                may include any other element specified in paragraph 
                (1).

    (c) Access by Comptroller General.--
            (1) Information and materials.--Upon request of the 
        Comptroller General, the Secretary of Defense and the Secretary 
        of Veterans Affairs shall make available to the Comptroller 
        General any information or other materials necessary for the 
        conduct of each biennial study under subsection (a).
            (2) Interviews.--In addition to such other authorities as 
        are available, the Comptroller General shall have the right to 
        interview officials and employees of the Department of Defense 
        and the Department of Veterans Affairs (including clinicians, 
        claims adjudicators, and researchers) as necessary for the 
        conduct of each biennial study under subsection (a).

    (d) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Veterans' Affairs of the House of 
                Representatives; and
                    (B) the Committee on Armed Services and the 
                Committee on Veterans' Affairs of the Senate.
            (2) The term ``Secretary concerned'' means--
                    (A) the Secretary of Defense, with respect to 
                matters concerning the Department of Defense; and
                    (B) the Secretary of Veterans Affairs, with respect 
                to matters concerning the Department of Veterans 
                Affairs.
SEC. 742. COMPTROLLER GENERAL STUDY ON IMPLEMENTATION BY 
                        DEPARTMENT OF DEFENSE OF RECENT STATUTORY 
                        REQUIREMENTS TO REFORM THE MILITARY HEALTH 
                        SYSTEM.

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the implementation by the 
        Department of Defense of statutory requirements to reform the 
        military health system contained in a covered Act.
            (2) Elements.--The study required by paragraph (1) shall 
        include the following elements:
                    (A) >  A compilation of a list of, and 
                citation for, each statutory requirement on reform of 
                the military health system contained in a covered Act.
                    (B) >  An assessment of the 
                extent to which such requirement was implemented, or is 
                currently being implemented.
                    (C) >  An evaluation of the 
                actions taken by the Department of Defense to assess and 
                determine the effectiveness of actions taken pursuant to 
                such requirement.
                    (D) Such other matters in connection with the 
                implementation of such requirement as the Comptroller 
                General considers appropriate.

    (b) Briefing and Report.--
            (1) >  Briefing.--Not later than May 1, 
        2022, the Comptroller General shall brief the Committees on 
        Armed Services of the

[[Page 135 STAT. 1806]]

        Senate and the House of Representatives on the status of the 
        study conducted under subsection (a).
            (2) Report.--Not later than May 1, 2023, the Comptroller 
        General shall submit to the Committees on Armed Services of the 
        Senate and the House of Representatives a report on the study 
        conducted under subsection (a) that includes the elements 
        specified in paragraph (2) of such subsection.

    (c) Covered Act Defined.--In this section, the term ``covered Act'' 
means any of the following:
            (1) The William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021 (Public Law 116-283).
            (2) The National Defense Authorization Act for Fiscal Year 
        2020 (Public Law 116-92).
            (3) The John S. McCain National Defense Authorization Act 
        for Fiscal Year 2019 (Public Law 115-232).
            (4) The National Defense Authorization Act for Fiscal Year 
        2018 (Public Law 115-91).
            (5) The National Defense Authorization Act for Fiscal Year 
        2017 (Public Law 114-328).
            (6) The National Defense Authorization Act for Fiscal Year 
        2016 (Public Law 114-92).
            (7) The Carl Levin and Howard P. ``Buck'' McKeon National 
        Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
        291).
            (8) The National Defense Authorization Act for Fiscal Year 
        2014 (Public Law 113-66).
            (9) The National Defense Authorization Act for Fiscal Year 
        2013 (Public Law 112-239).
            (10) The National Defense Authorization Act for Fiscal Year 
        2012 (Public Law 112-81).
SEC. 743. STUDY TO DETERMINE NEED FOR A JOINT FUND FOR FEDERAL 
                        ELECTRONIC HEALTH RECORD MODERNIZATION 
                        OFFICE.

    (a) >  Study.--The Secretary of Defense, in 
coordination with the Secretary of Veterans Affairs, shall conduct a 
study to determine--
            (1) whether there is a validated need or military 
        requirement for the development of a joint fund of the 
        Department of Defense and the Department of Veterans Affairs for 
        the Federal Electronic Health Record Modernization Office; and
            (2) whether the operations of the Federal Electronic Health 
        Record Modernization Office since its establishment, including 
        how the Office has supported the implementation of the 
        Individual Longitudinal Exposure Record program of the 
        Department of Defense and the Department of Veterans Affairs, 
        justify the development of a potential joint fund.

    (b) >  Elements.--The study under subsection 
(a) shall assess the following:
            (1) Justifications for the development of the joint fund.
            (2) The potential resource allocation and funding 
        commitments for the Department of Defense and Department of 
        Veterans Affairs with respect to the joint fund.
            (3) Options for the governance structure of the joint fund, 
        including how accountability would be divided between the 
        Department of Defense and the Department of Veterans Affairs.

[[Page 135 STAT. 1807]]

            (4) The anticipated contents of the joint fund, including 
        the anticipated process for annual transfers to the joint fund 
        from the Department of Defense and the Department of Veterans 
        Affairs, respectively.
            (5) >  An estimated timeline for the 
        potential establishment of the joint fund.
            (6) The progress and accomplishments of the Federal 
        Electronic Health Record Modernization Office during fiscal year 
        2021 in fulfilling the purposes specified in subparagraphs (C) 
        through (R) of section 1635(b)(2) of the Wounded Warrior Act 
        (title XVI of Public Law 110-181; 10 U.S.C. 1071 note).

    (c) >  Report.--Not later 
than July 1, 2022, the Secretary of Defense, in coordination with the 
Secretary of Veterans Affairs, shall submit to the appropriate 
congressional committees a report on the findings of the study under 
subsection (a), including recommendations on the development of the 
joint fund specified in such subsection. Such recommendations shall 
address--
            (1) the purpose of the joint fund; and
            (2) >  requirements related to the 
        joint fund.

    (d) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committees on Armed Services of the House of 
                Representatives and the Senate; and
                    (B) the Committees on Veterans' Affairs of the House 
                of Representatives and the Senate.
            (2) The term ``Electronic Health Record Modernization 
        Program'' has the meaning given such term in section 503(e) of 
        the Veterans Benefits and Transition Act of 2018 (Public Law 
        115-407; 132 Stat. 5376).
            (3) The term ``Federal Electronic Health Record 
        Modernization Office'' means the Office established under 
        section 1635(b) of the Wounded Warrior Act (title XVI of Public 
        Law 110-181; 10 U.S.C. 1071 note).
SEC. 744. BRIEFING ON DOMESTIC PRODUCTION OF CRITICAL ACTIVE 
                        PHARMACEUTICAL INGREDIENTS FOR NATIONAL 
                        SECURITY PURPOSES.

    Not >  later than April 1, 2022, the Secretary of 
Defense shall provide to the Committees on Armed Services of the House 
of Representatives and the Senate a briefing on the development of a 
capability for the domestic production of critical active pharmaceutical 
ingredients and drug products in finished dosage form for national 
security purposes. Such briefing shall include a description of the 
following:
            (1) >  The anticipated cost over the period 
        covered by the most recent future-years defense program 
        submitted under section 221 of title 10, United States Code (as 
        of the date of the briefing), to develop such a domestic 
        production capability for critical active pharmaceutical 
        ingredients.
            (2) >  The cost of producing critical active 
        pharmaceutical ingredients through such a domestic production 
        capability, as compared with the cost of standard manufacturing 
        processes used by the pharmaceutical industry.
            (3) The average time to produce critical active 
        pharmaceutical ingredients through such a domestic production 
        capability, as compared with the average time to produce such

[[Page 135 STAT. 1808]]

        ingredients through standard manufacturing processes used by the 
        pharmaceutical industry.
            (4) Any intersections between the development of such a 
        domestic production capability, the military health system, and 
        defense-related medical research or operational medical 
        requirements.
            (5) Lessons learned from the progress made in developing 
        such a domestic production capability as of the date of the 
        briefing, including from any contracts entered into by the 
        Secretary with respect to such a domestic production capability.
            (6) Any critical active pharmaceutical ingredients that are 
        under consideration by the Secretary for future domestic 
        production as of the date of the briefing.
            (7) >  The plan of the Secretary regarding the 
        future use of such a domestic production capability for critical 
        active pharmaceutical ingredients.
SEC. 745. BRIEFING ON SUBSTANCE ABUSE IN THE ARMED FORCES.

    (a) >  Briefing.--Not later than June 1, 2022, the 
Under Secretary of Defense for Personnel and Readiness shall provide to 
the Committees on Armed Services of the Senate and the House of 
Representatives a briefing on substance abuse policy, strategy, and 
programs within the Department of Defense.

    (b) Elements.--The briefing required under subsection (a) shall 
include each of the following elements:
            (1) With respect to policy, an overview of the policies of 
        the Department of Defense and the military departments with 
        respect to substance abuse, including for covered beneficiaries, 
        and how each such policy is synchronized, including any 
        definitions of the term ``substance abuse''.
            (2) >  With 
        respect to background data--
                    (A) an analysis of the trends in substance abuse 
                across the active and reserve components of the Armed 
                Forces over the preceding 10-year period, including the 
                types of care (residential, outpatient, or other), any 
                variation in such trends for demographics or geographic 
                locations of members who have been deployed, and any 
                other indicators that the Under Secretary determines may 
                allow for further understanding of substance abuse 
                programs; and
                    (B) an analysis of trends in substance abuse for 
                covered beneficiaries over the preceding 10-year period, 
                including any variation in such trends for demographics, 
                geographic location, or other indicators that the Under 
                Secretary determines may allow for further understanding 
                of substance abuse programs.
            (3) With respect to strategic communication, an overview of 
        the strategic communication plan on substance abuse, including 
        different forms of media and initiatives being undertaken.
            (4) With respect to treatment--
                    (A) a description of the treatment options available 
                and prescribed for substance abuse for members of the 
                Armed Forces and covered beneficiaries, including the 
                different environments of care, such as hospitals, 
                residential treatment facilities, outpatient care, and 
                other care as appropriate;

[[Page 135 STAT. 1809]]

                    (B) a description of any non-catchment area care 
                which resulted in the nonavailability of military 
                medical treatment facility or military installation 
                capabilities for substance use disorder treatment and 
                the costs associated with sending members of the Armed 
                Forces and covered beneficiaries to non-catchment areas 
                for such treatment;
                    (C) a description of the synchronization between 
                substance abuse programs, mental health treatment, and 
                case management, where appropriate;
                    (D) a description of how substance abuse treatment 
                clinical practice guidelines are used and how frequently 
                such guidelines are updated; and
                    (E) the metrics and outcomes that are used to 
                determine whether substance abuse treatments are 
                effective.
            (5) >  The funding lines and the amount 
        of funding the Secretary of Defense and the Secretary of each of 
        the military departments have obligated for substance abuse 
        programs for each of the preceding 10 fiscal years.

    (c) Definitions.--In this section:
            (1) The term ``catchment area'' means the approximately 40-
        mile radius surrounding a military medical treatment facility or 
        military installation, as the case may be.
            (2) The term ``covered beneficiary'' has the meaning given 
        such term in section 1072 of title 10, United States Code.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Prohibition on acquisition of personal protective equipment 
           from non-allied foreign nations.
Sec. 803. Authority to acquire innovative commercial products and 
           commercial services using general solicitation competitive 
           procedures.
Sec. 804. Modifications to contracts subject to cost or pricing data 
           certification.
Sec. 805. Two-year extension of Selected Acquisition Report requirement.
Sec. 806. Annual report on highest and lowest performing acquisition 
           programs of the Department of Defense.
Sec. 807. Assessment of impediments and incentives to improving the 
           acquisition of commercial products and commercial services.
Sec. 808. Briefing on transparency for certain domestic procurement 
           waivers.
Sec. 809. Report on violations of certain domestic preference laws.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 811. Certain multiyear contracts for acquisition of property: 
           budget justification materials.
Sec. 812. Extension of demonstration project relating to certain 
           acquisition personnel management policies and procedures.
Sec. 813. Office of Corrosion Policy and Oversight employee training 
           requirements.
Sec. 814. Modified condition for prompt contract payment eligibility.
Sec. 815. Modification to procurement of services: data analysis and 
           requirements validation.
Sec. 816. Limitation on procurement of welded shipboard anchor and 
           mooring chain for naval vessels.
Sec. 817. Repeal of preference for fixed-price contracts.

[[Page 135 STAT. 1810]]

     Subtitle C--Provisions Relating to Other Transaction Authority

Sec. 821. Modification of other transaction authority for research 
           projects.
Sec. 822. Modification of prize authority for advanced technology 
           achievements.
Sec. 823. Pilot program on systems engineering determinations.
Sec. 824. Recommendations on the use of other transaction authority.
Sec. 825. Reporting requirement for certain defense acquisition 
           activities.

       Subtitle D--Provisions Relating to Software and Technology

Sec. 831. Technology protection features activities.
Sec. 832. Modification of enhanced transfer of technology developed at 
           Department of Defense laboratories.
Sec. 833. Pilot program on acquisition practices for emerging 
           technologies.
Sec. 834. Pilot program to accelerate the procurement and fielding of 
           innovative technologies.
Sec. 835. Independent study on technical debt in software-intensive 
           systems.
Sec. 836. Cadre of software development and acquisition experts.

        Subtitle E--Provisions Relating to Supply Chain Security

Sec. 841. Modernization of acquisition processes to ensure integrity of 
           industrial base.
Sec. 842. Modification to analyses of certain activities for action to 
           address sourcing and industrial capacity.
Sec. 843. Assuring integrity of overseas fuel supplies.
Sec. 844. Assessment of requirements for certain items to address supply 
           chain vulnerabilities.
Sec. 845. Department of Defense research and development priorities.
Sec. 846. Report on the Manufacturing Engineering Education Program.
Sec. 847. Plan and report on reduction of reliance on services, 
           supplies, or materials from covered countries.
Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur 
           Autonomous Region.

                   Subtitle F--Industrial Base Matters

Sec. 851. Modifications to printed circuit board acquisition 
           restrictions.
Sec. 852. Modification of pilot program for development of technology-
           enhanced capabilities with partnership intermediaries.
Sec. 853. Additional testing of commercial e-commerce portal models.
Sec. 854. Requirement for industry days and requests for information to 
           be open to allied defense contractors.
Sec. 855. Employment transparency regarding individuals who perform work 
           in the People's Republic of China.
Sec. 856. Briefing on compliance with contractor lobbying restrictions.
Sec. 857. Congressional oversight of personnel and contracts of private 
           security contractors.

                   Subtitle G--Small Business Matters

Sec. 861. Exemption of certain contracts from the periodic inflation 
           adjustments to the acquisition-related dollar threshold.
Sec. 862. Modification to the pilot program for streamlining awards for 
           innovative technology projects.
Sec. 863. Protests and appeals relating to eligibility of business 
           concerns.
Sec. 864. Authority for the Office of Hearings and Appeals to decide 
           appeals relating to qualified HUBZone small business 
           concerns.
Sec. 865. Report on unfunded priorities of the Small Business Innovation 
           Research and Small Business Technology Transfer program.
Sec. 866. Report on Cybersecurity Maturity Model Certification effects 
           on small business.
Sec. 867. Data on Phase III Small Business Innovation Research and Small 
           Business Technology Transfer program awards.

                        Subtitle H--Other Matters

Sec. 871. Mission management pilot program.
Sec. 872. Establishment of mission-oriented pilot programs to close 
           significant capabilities gaps.
Sec. 873. Independent study on acquisition practices and policies.
Sec. 874. Pilot program to incentivize contracting with employee-owned 
           businesses.
Sec. 875. Guidance, training, and report on place of performance 
           contract requirements.
Sec. 876. Notification of certain intergovernmental support agreements.
Sec. 877. Report on requests for equitable adjustment in Department of 
           the Navy.
Sec. 878. Military standards for armor materials in vehicle 
           specifications.

[[Page 135 STAT. 1811]]

              Subtitle A--Acquisition Policy and Management

SEC. 801. ACQUISITION WORKFORCE EDUCATIONAL PARTNERSHIPS.

    (a) In General.--Subchapter IV of chapter 87 of title 10, United 
States Code, is amended by inserting after section 1746 the following 
new section:
``Sec. 1746a. >  Acquisition workforce 
                    educational partnerships

    ``(a) Establishment.--The Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition and Sustainment, shall 
establish a program within Defense Acquisition University to--
            ``(1) >  facilitate the engagement of 
        relevant experts, including with the acquisition research 
        activities established under section 2361a of this title, with 
        the faculty of the Defense Acquisition University to assess and 
        modify the curriculum of the Defense Acquisition University, as 
        appropriate, to enhance the capabilities of the Defense 
        Acquisition University to support educational, training, and 
        research activities in support of acquisition missions of the 
        Department of Defense;
            ``(2) establish a cross-discipline, peer mentoring program 
        for academic advising and to address critical retention concerns 
        with respect to the acquisition workforce;
            ``(3) partner with extramural institutions and military 
        department functional leadership to offer training and on-the-
        job learning support to all members of the acquisition workforce 
        addressing operational challenges that affect procurement 
        decisionmaking;
            ``(4) support the partnerships between the Department of 
        Defense and extramural institutions with missions relating to 
        the training and continuous development of members of the 
        acquisition workforce;
            ``(5) accelerate the adoption, appropriate design and 
        customization, and use of flexible acquisition practices by the 
        acquisition workforce by expanding the availability of training 
        and on-the-job learning and guidance on such practices and 
        incorporating such training into the curriculum of the Defense 
        Acquisition University; and
            ``(6) support and enhance the capabilities of the faculty of 
        the Defense Acquisition University, and the currency and 
        applicability of the knowledge possessed by such faculty, by--
                    ``(A) building partnerships between the faculty of 
                the Defense Acquisition University and the director of, 
                and individuals involved with, the activities 
                established under section 2361a of this title;
                    ``(B) supporting the preparation and drafting of the 
                reports required under subsection (f)(2); and
                    ``(C) >  instituting a program 
                under which each member of the faculty of the Defense 
                Acquisition University shall be detailed to an 
                operational acquisition position in a military 
                department or Defense Agency, or to an extramural 
                institution, for not less than six months out of every 
                five year period.

    ``(b) >  Senior Official.--Not later 
than 180 days after the enactment of this section, the President of the 
Defense Acquisition

[[Page 135 STAT. 1812]]

University shall designate a senior official to execute activities under 
this section.

    ``(c) Support From Other Department of Defense Organizations.--The 
Secretary of Defense may direct other elements of the Department of 
Defense to provide personnel, resources, and other support to the 
program established under this section, as the Secretary determines 
appropriate.
    ``(d) Funding.--Subject to the availability of appropriations, the 
Under Secretary of Defense for Acquisition and Sustainment may use 
amounts available in the Defense Acquisition Workforce and Development 
Account (as established under section 1705 of this title) to carry out 
the requirements of this section.
    ``(e) >  Annual Reports.--Not later than 
September 30, 2022, and annually thereafter, the President of the 
Defense Acquisition University shall submit to the Secretary of Defense 
and the congressional defense committees a report describing the 
activities conducted under this section during the one-year period 
ending on the date on which such report is submitted.

    ``(f) Exemption to Report Termination Requirements.--Section 1080(a) 
of the National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 
1061(j) of the National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114-328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply 
with respect to the reports required to be submitted to Congress under 
this section.
    ``(g) Definitions.--In this section:
            ``(1) Acquisition workforce.--The term `acquisition 
        workforce' has the meaning given such term in section 1705(g) of 
        this title.
            ``(2) Extramural institutions.--The term `extramural 
        institutions' means participants in an activity established 
        under section 2361a of this title, public sector organizations, 
        and nonprofit credentialing organizations.''.

    (b) Clerical Amendment.--The table of sections for subchapter IV of 
chapter 87 of title 10, United States Code, >  
is amended by inserting after the item relating to section 1746 the 
following new item:

``1746a. Acquisition workforce educational partnerships.''.

SEC. 802. PROHIBITION ON ACQUISITION OF PERSONAL PROTECTIVE 
                        EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS.

    (a) Prohibition.--
            (1) In general.--Chapter 148 of title 10, United States 
        Code, is amended by inserting after section 2533d the following 
        new section:
``Sec. 2533e. >  Prohibition on acquisition 
                    of personal protective equipment and certain 
                    other items from non-allied foreign nations

    ``(a) In General.--Except as provided in subsection (c), the 
Secretary of Defense may not procure any covered item from any covered 
nation.
    ``(b) Applicability.--Subsection (a) shall apply to prime contracts 
and subcontracts at any tier.
    ``(c) Exceptions.--
            ``(1) In general.--Subsection (a) does not apply under the 
        following circumstances:

[[Page 135 STAT. 1813]]

                    ``(A) >  If the Secretary of 
                Defense determines that covered materials of 
                satisfactory quality and quantity, in the required form, 
                cannot be procured as and when needed from nations other 
                than covered nations to meet requirements at a 
                reasonable price.
                    ``(B) The procurement of a covered item for use 
                outside of the United States.
                    ``(C) Purchases for amounts not greater than 
                $150,000.
            ``(2) Limitation.--A proposed procurement in an amount 
        greater than $150,000 may not be divided into several purchases 
        or contracts for lesser amounts in order to qualify for this 
        exception.

    ``(d) Definitions.--In this section:
            ``(1) Covered item.--The term `covered item' means an 
        article or item of--
                    ``(A) personal protective equipment for use in 
                preventing spread of disease, such as by exposure to 
                infected individuals or contamination or infection by 
                infectious material (including nitrile and vinyl gloves, 
                surgical masks, respirator masks and powered air 
                purifying respirators and required filters, face shields 
                and protective eyewear, surgical and isolation gowns, 
                and head and foot coverings) or clothing, and the 
                materials and components thereof, other than sensors, 
                electronics, or other items added to and not normally 
                associated with such personal protective equipment or 
                clothing; or
                    ``(B) sanitizing and disinfecting wipes, testing 
                swabs, gauze, and bandages.
            ``(2) Covered nation.--The term `covered nation' means--
                    ``(A) the Democratic People's Republic of North 
                Korea;
                    ``(B) the People's Republic of China;
                    ``(C) the Russian Federation; and
                    ``(D) the Islamic Republic of Iran.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter >  is 
        amended by inserting after the item relating to section 2533d 
        the following:

``2533e. Prohibition on acquisition of personal protective equipment and 
           certain other items from non-allied foreign nations.''.

    (b) Future Transfer.--
            (1) Transfer and redesignation.--Section 2533e of title 10, 
        United States Code, as added by subsection (a), is transferred 
        to the end of subchapter III of chapter 385 of such title, as 
        added by section 1870(d) of the William M. (Mac) Thornberry 
        National Defense Authorization Act for Fiscal Year 2021 (Public 
        Law 116-283) and amended by this Act, and redesignated as 
        section 4875.
            (2) Clerical amendments.--
                    (A) Target chapter table of sections.--The table of 
                sections for subchapter III of chapter 385 of title 10, 
                United States Code, as added by section 1870(d) of the

[[Page 135 STAT. 1814]]

                William M. (Mac) Thornberry National Defense 
                Authorization Act for Fiscal Year 2021 (Public Law 116-
                283), >  is amended by adding 
                at the end the following new item:

``4875. Prohibition on acquisition of personal protective equipment and 
           certain other items from non-allied foreign nations.''.

                    (B) Origin chapter table of sections.--The table of 
                sections at the beginning of chapter 148 of title 10, 
                United States Code, as amended by subsection 
                (a), >  is further amended by 
                striking the item relating to section 2533e.
            (3) >  Effective date.--The 
        transfer, redesignation, and amendments made by this subsection 
        shall take effect immediately after the amendments made by title 
        XVIII of the William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021 take effect.
            (4) >  References; 
        savings provision; rule of construction.--Sections 1883 through 
        1885 of the William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021 (Public Law 116-283) 
        shall apply with respect to the transfers, redesignations, and 
        amendments made under this subsection as if such transfers, 
        redesignations, and amendments were made under title XVIII of 
        such Act.
SEC. 803. AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL PRODUCTS AND 
                        COMMERCIAL SERVICES USING GENERAL 
                        SOLICITATION COMPETITIVE PROCEDURES.

    (a) Authority.--
            (1) In general.--Chapter 140 of title 10, United States 
        Code, is amended by adding at the end the following new section:
``Sec. 2380c. >  Authority to acquire 
                    innovative commercial products and commercial 
                    services using general solicitation 
                    competitive procedures

    ``(a) Authority.--The Secretary of Defense and the Secretaries of 
the military departments may acquire innovative commercial products and 
commercial services through a competitive selection of proposals 
resulting from a general solicitation and the peer review of such 
proposals.
    ``(b) Treatment as Competitive Procedures.--Use of general 
solicitation competitive procedures under subsection (a) shall be 
considered to be use of competitive procedures for purposes of chapter 
137 of this title.
    ``(c) Limitations.--(1) >  The Secretary may 
not enter into a contract or agreement in excess of $100,000,000 using 
the authority under subsection (a) without a written determination from 
the Under Secretary of Defense for Acquisition and Sustainment or the 
relevant service acquisition executive of the efficacy of the effort to 
meet mission needs of the Department of Defense or the relevant military 
department.

    ``(2) Contracts or agreements entered into using the authority under 
subsection (a) shall be fixed-price, including fixed-price incentive fee 
contracts.
    ``(3) Notwithstanding section 2376(1) of this title, products and 
services acquired using the authority under subsection (a) shall be 
treated as commercial products and commercial services.
    ``(d) Congressional Notification Required.--(1) >  
Not later than 45 days after the award of a contract for an amount 
exceeding

[[Page 135 STAT. 1815]]

$100,000,000 using the authority in subsection (a), the Secretary shall 
notify the congressional defense committees of such award.

    ``(2) Notice of an award under paragraph (1) shall include the 
following:
            ``(A) Description of the innovative commercial product or 
        commercial service acquired.
            ``(B) Description of the requirement, capability gap, or 
        potential technological advancement with respect to which the 
        innovative commercial product or commercial service acquired 
        provides a solution or a potential new capability.
            ``(C) Amount of the contract awarded.
            ``(D) Identification of the contractor awarded the contract.

    ``(e) Innovative Defined.--In this section, the term `innovative' 
means--
            ``(1) any technology, process, or method, including research 
        and development, that is new as of the date of submission of a 
        proposal; or
            ``(2) any application that is new as of the date of 
        submission of a proposal of a technology, process, or method 
        existing as of such date.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 140 of title 10, United States 
        Code, >  is amended by inserting after 
        the item relating to section 2380b the following new item:

``2380c. Authority to acquire innovative commercial products and 
           commercial services using general solicitation competitive 
           procedures.''.

            (3) >  Data collection.--
                    (A) >  In general.--The Secretary 
                of Defense and each Secretary of a military department 
                shall collect and analyze data on the use of the 
                authority under section 2380c of title 10, United States 
                Code, as added by paragraph (1), for the purposes of--
                          (i) developing and sharing best practices for 
                      achieving the objectives of the authority;
                          (ii) gathering information on the 
                      implementation of the authority and related policy 
                      issues; and
                          (iii) informing the congressional defense 
                      committees on the use of the authority.
                    (B) >  Plan required.--The 
                authority under section 2380c of title 10, United States 
                Code, as added by paragraph (1), may not be exercised by 
                the Secretary of Defense or any Secretary of a military 
                department during the period beginning on October 1, 
                2022, and ending on the date on which the Secretary of 
                Defense submits to the congressional defense committees 
                a completed plan for carrying out the data collection 
                required under paragraph (1).
                    (C) Congressional defense committees; military 
                department defined.--In this paragraph, the terms 
                ``congressional defense committees'' and ``military 
                department'' have the meanings given such terms in 
                section 101(a) of title 10, United States Code.

    (b) Future Transfer.--
            (1) Transfer and redesignation.--Section 2380c of title 10, 
        United States Code, as added by subsection (a), is transferred 
        to chapter 247 of such title, added after section 3457, as 
        transferred and redesignated by section 1821(a) of the William 
        M. (Mac) Thornberry National Defense Authorization Act

[[Page 135 STAT. 1816]]

        for Fiscal Year 2021 (Public Law 116-283), and redesignated as 
        section 3458.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 247 of title 10, United States Code, as 
        added by section 1821(a) of the William M. (Mac) Thornberry 
        National Defense Authorization Act for Fiscal Year 2021 (Public 
        Law 116-283), >  is amended by 
        inserting after the item related to section 3457 the following 
        new item:

``3458. Authority to acquire innovative commercial products and 
           commercial services using general solicitation competitive 
           procedures.''.

            (3) Conforming amendments to internal cross-references.--
        Section 3458 of title 10, United States Code, as redesignated by 
        paragraph (1), is amended--
                    (A) in subsection (b), by striking ``chapter 137'' 
                and inserting ``chapter 221''; and
                    (B) in subsection (c)(3), by striking ``section 
                2376(1)'' and inserting ``section 3451(1)''.
            (4) >  Effective date.--The 
        transfer, redesignation, and amendments made by this subsection 
        shall take as if included in title XVIII of the William M. (Mac) 
        Thornberry National Defense Authorization Act for Fiscal Year 
        2021 (Public Law 116-283).
            (5) >  References; 
        savings provision; rule of construction.--Sections 1883 through 
        1885 of the William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021 (Public Law 116-283) 
        shall apply with respect to the transfers, redesignations, and 
        amendments made under this subsection as if such transfers, 
        redesignations, and amendments were made under title XVIII of 
        such Act.

    (c) Repeal of Obsolete Authority.--Section 879 of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 
U.S.C. 2302 note) is hereby repealed.
SEC. 804. MODIFICATIONS TO CONTRACTS SUBJECT TO COST OR PRICING 
                        DATA CERTIFICATION.

    (a) In General.--Section 2306a(a)(6) of title 10, United States 
Code, is amended--
            (1) by striking ``Upon the request'' and all that follows 
        through ``paragraph (1)'' and inserting ``Under paragraph 
        (1),''; and
            (2) by striking ``modify the contract'' and all that follows 
        through ``consideration.'' and inserting ``modify the contract 
        as soon as practicable to reflect subparagraphs (B) and (C) of 
        such paragraph, without requiring consideration.''.

    (b) Technical Amendment.--Section 1831(c)(8)(A) of the William M. 
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 
(Public Law 116-283; 134 Stat. 4211) is >  amended 
by striking ``before'' and all that follows through the semicolon at the 
end and inserting ``after the subsection designation;''.
SEC. 805. TWO-YEAR EXTENSION OF SELECTED ACQUISITION REPORT 
                        REQUIREMENT.

    (a) Extension.--Section 2432(j) of title 10, United States Code, is 
amended by striking ``fiscal year 2021'' and inserting ``fiscal year 
2023''.
    (b) Demonstration Required.--

[[Page 135 STAT. 1817]]

            (1) >  In general.--Not later 
        than March 1, 2022, and every six months thereafter, the 
        Secretary of Defense shall provide to the congressional defense 
        committees a demonstration of the capability improvements 
        necessary to achieve the full operational capability of the 
        reporting system that will replace the Selected Acquisition 
        Report requirements under section 2432 of title 10, United 
        States Code, as amended by subsection (a).
            (2) Elements.--
                    (A) In general.--The demonstration required under 
                paragraph (1) shall incorporate the following elements:
                          (i) A demonstration of the full suite of data 
                      sharing capabilities of the reporting system 
                      referred to in paragraph (1) that can be accessed 
                      by authorized external users, including the 
                      congressional defense committees, for a range of 
                      covered programs across acquisition categories, 
                      including those selected under section 831 of the 
                      National Defense Authorization Act for Fiscal Year 
                      2020 (Public Law 116-92; 133 Stat. 1492).
                          (ii) The plans required under subsection (c), 
                      as available.
                    (B) Initial report.--In addition to the elements 
                described in subparagraph (A), the first demonstration 
                provided under paragraph (1) shall incorporate the 
                findings of the report required under section 830(b) of 
                the National Defense Authorization Act for Fiscal Year 
                2020 (Public Law 116-92; 133 Stat. 1492).
            (3) >  Termination.--
        The requirements under this subsection shall terminate upon the 
        date on which the Secretary of Defense submits to the 
        congressional defense committees a written certification of the 
        determination of the Secretary that the reporting system 
        referred to in paragraph (1) has achieved full operational 
        capability.

    (c) >  Plans Required for Data Gathering and 
Sharing.--
            (1) Data required for improved decision making.--
                    (A) In general.--Not later than March 1, 2022, the 
                Director of Cost Assessment and Program Evaluation shall 
                prepare a plan for identifying and gathering the data 
                required for effective decision making by program 
                managers and Department of Defense leadership regarding 
                covered programs.
                    (B) Contents.--The plan required under subparagraph 
                (A) shall include--
                          (i) data that--
                                    (I) address covered program progress 
                                compared to covered program cost, 
                                schedule, and performance goals;
                                    (II) >  provide 
                                an assessment of covered program risks; 
                                and
                                    (III) can be collected throughout 
                                the fiscal year without significant 
                                additional burden;
                          (ii) the data, information, and analytical 
                      capabilities supported by the reporting system 
                      referred to in subsection (b)(1);
                          (iii) >  the specific data 
                      elements needed to assess covered program 
                      performance and associated risks, including 
                      software development and cybersecurity

[[Page 135 STAT. 1818]]

                      risks, and an identification of any data elements 
                      that cannot be publicly released;
                          (iv) the types of covered programs to be 
                      included in the reporting system referred to in 
                      subsection (b)(1), including the dollar value 
                      threshold for inclusion, and the acquisition 
                      methodologies and pathways that are to be 
                      included;
                          (v) >  the criteria for 
                      initiating, modifying, and terminating reporting 
                      for covered programs in the reporting system 
                      referred to in subsection (b)(1), including 
                      program characteristics, acquisition methodology 
                      or pathway being used, cost growth or changes, and 
                      covered program performance; and
                          (vi) >  the planned 
                      reporting schedule for the reporting system 
                      referred to in subsection (b)(1), including when 
                      reports will be available to authorized external 
                      users and the intervals at which data will be 
                      updated.
            (2) Improved data sharing within the department of defense 
        and with outside stakeholders.--
                    (A) In general.--Not later than July 1, 2022, the 
                Under Secretary of Defense for Acquisition and 
                Sustainment shall submit to the congressional defense 
                committees the plan of the Department of Defense for the 
                reporting system referred to in subsection (b)(1) to 
                report to the congressional defense committees and 
                effectively share information related to covered 
                programs.
                    (B) Contents.--The plan required under subparagraph 
                (A) shall--
                          (i) incorporate the plan required under 
                      paragraph (1);
                          (ii) >  provide 
                      for reporting not less frequently than once per 
                      year and continuous or periodic updates for 
                      authorized external users, as appropriate, to 
                      increase the efficiency of, and reduce the 
                      bureaucratic burdens for, reporting data and 
                      information on acquisition programs;
                          (iii) identify the organizations responsible 
                      for implementation and overall operation of the 
                      reporting system referred to in subsection (b)(1);
                          (iv) >  identify the 
                      organizations responsible for providing data for 
                      inclusion in such reporting system and ensuring 
                      that data is provided in a timely fashion;
                          (v) >  include the schedule 
                      and milestones for implementing such reporting 
                      system;
                          (vi) identify, for such implementation--
                                    (I) the resources required, 
                                including personnel and funding; and
                                    (II) the implementation risks and 
                                how such risks will be mitigated;
                          (vii) identify the mechanisms by which 
                      reporting will be provided to the congressional 
                      defense committees and other authorized external 
                      users, including--
                                    (I) identification of types of 
                                organizations that will have access to 
                                the system, including those outside the 
                                Department of Defense;

[[Page 135 STAT. 1819]]

                                    (II) how the system will be accessed 
                                by users, including those outside the 
                                Department of Defense; and
                                    (III) how such users will be trained 
                                on the use of the system and what level 
                                of support will be available for such 
                                users on an ongoing basis; and
                          (viii) identify any changes to policy, 
                      guidance, or legislation that are required to 
                      begin reporting to the congressional defense 
                      committees in accordance with the plan.

    (d) Covered Program Defined.--In this section, the term ``covered 
program'' means a program required to be included in a report submitted 
under section 2432 of title 10, United States Code.
SEC. 806. ANNUAL REPORT ON HIGHEST AND LOWEST PERFORMING 
                        ACQUISITION PROGRAMS OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) >  In General.--Not later than January 31, 
2023, and annually thereafter for the following three years, the 
Component Acquisition Executive of each element or organization of the 
Department of Defense shall rank each covered acquisition program based 
on the criteria selected under subsection (b)(1) and submit to the 
congressional defense committees a report that contains a ranking of the 
five highest performing and five lowest performing covered acquisition 
programs for such element or organization based on such criteria.

    (b) Ranking Criteria.--
            (1) >  In general.--In completing the 
        report required under subsection (a), each Component Acquisition 
        Executive, in consultation with other officials of the 
        Department of Defense as determined appropriate by the Component 
        Acquisition Executive, shall select the criteria for ranking 
        each covered acquisition program.
            (2) Inclusion in report.--Each Component Acquisition 
        Executive shall include in the report submitted under subsection 
        (a) an identification of the specific ranking criteria selected 
        under paragraph (1), including a description of how those 
        criteria are consistent with best acquisition practices.

    (c) Additional Report Elements.--Each Component Acquisition 
Executive shall include in the report required under subsection (a) for 
each of the five acquisition programs ranked as the lowest performing 
the following:
            (1) A description of the factors that contributed to the 
        ranking of the program as low performing.
            (2) >  An assessment of the underlying 
        causes of the poor performance of the program.
            (3) >  A plan for addressing the challenges of 
        the program and improving performance, including specific 
        actions that will be taken and proposed timelines for completing 
        such actions.

    (d) Definitions.--In this section:
            (1) Component acquisition executive.--The term ``Component 
        Acquisition Executive'' means--
                    (A) a service acquisition executive; or
                    (B) an individual designated by the head of an 
                element or organization of the Department of Defense, 
                other than

[[Page 135 STAT. 1820]]

                a military department, as the Component Acquisition 
                Executive for that element or organization.
            (2) Covered acquisition program.--In this section the term 
        ``covered acquisition program'' means--
                    (A) a major defense acquisition program as defined 
                in section 2430 of title 10, United States Code; or
                    (B) an acquisition program that is estimated by the 
                Component Acquisition Executive to require an eventual 
                total expenditure described in section 2430(a)(1)(B) of 
                title 10, United States Code.
            (3) Military department; service acquisition executive.--The 
        terms ``military department'' and ``service acquisition 
        executive'' have the meanings given such terms in section 101(a) 
        of title 10, United States Code.
SEC. 807. ASSESSMENT OF IMPEDIMENTS AND INCENTIVES TO IMPROVING 
                        THE ACQUISITION OF COMMERCIAL PRODUCTS AND 
                        COMMERCIAL SERVICES.

    (a) Assessment Required.--The Under Secretary of Defense for 
Acquisition and Sustainment and the Chairman of the Joint Requirements 
Oversight Council shall jointly assess impediments and incentives to 
fulfilling the goals of section 3307 of title 41, United States Code, 
and section 2377 of title 10, United States Code, regarding preferences 
for commercial products and commercial services to--
            (1) enhance the innovation strategy of the Department of 
        Defense to compete effectively against peer adversaries; and
            (2) encourage the rapid adoption of commercial advances in 
        technology.

    (b) >  Elements of Assessment.--The 
assessment shall include a review of the use of preferences for 
commercial products and commercial services in procurement, including an 
analysis of--
            (1) relevant policies, regulations, and oversight processes;
            (2) relevant acquisition workforce training and education;
            (3) the role of requirements in the adaptive acquisition 
        framework (as described in Department of Defense Instruction 
        5000.02, ``Operation of the Adaptive Acquisition Framework''), 
        including--
                    (A) the ability to accommodate evolving commercial 
                functionality and new opportunities identified during 
                market research; and
                    (B) how phasing and uncertainty in requirements are 
                treated;
            (4) the role of competitive procedures and source selection 
        procedures, including the ability to structure acquisition 
        processes to accommodate--
                    (A) multiple or unequal solutions; and
                    (B) emerging solutions that could fulfill program 
                requirements;
            (5) the role of planning, programming, and budgeting 
        structures and processes, including appropriations categories;
            (6) systemic biases in favor of custom solutions;
            (7) allocation of technical data rights;
            (8) strategies to control modernization and sustainment 
        costs;
            (9) the risk to contracting officers and other members of 
        the acquisition workforce of acquiring commercial products and

[[Page 135 STAT. 1821]]

        commercial services, and incentives and disincentives for taking 
        such risks; and
            (10) potential reforms that do not impose additional 
        burdensome and time-consuming constraints on the acquisition 
        process.

    (c) >  Briefing.--
Not later than 120 days after the date of the enactment of this Act, the 
Under Secretary of Defense for Acquisition and Sustainment and the 
Chairman of the Joint Requirements Oversight Council shall brief the 
congressional defense committees on the results of the required 
assessment and any actions undertaken to improve compliance with the 
statutory preference for commercial products and commercial services, 
including any recommendations to Congress for legislative action.
SEC. 808. >  BRIEFING ON TRANSPARENCY FOR 
                        CERTAIN DOMESTIC PROCUREMENT WAIVERS.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall brief the congressional defense 
committees on the extent to which information relating to the use of 
domestic procurement waivers by the Department of Defense is publicly 
available.
SEC. 809. REPORT ON VIOLATIONS OF CERTAIN DOMESTIC PREFERENCE 
                        LAWS.

    (a) >  Report Required.--Not 
later than February 1 of each of 2023, 2024, and 2025, the Secretary of 
Defense, in coordination with each Secretary of a military department, 
shall submit to the congressional defense committees a report on 
violations of certain domestic preference laws reported to the 
Department of Defense and the military departments. Each report shall 
include such violations that occurred during the previous fiscal year 
covered by the report.

    (b) Elements.--Each report required under subsection (a) shall 
include the following for each reported violation:
            (1) The name of the contractor.
            (2) The contract number.
            (3) The nature of the violation, including which of the 
        certain domestic preference laws was violated.
            (4) The origin of the report of the violation.
            (5) Actions taken or pending by the Secretary concerned in 
        response to the violation.
            (6) Other related matters deemed appropriate by the 
        Secretary concerned.

    (c) Certain Domestic Preference Laws Defined.--In this section, the 
term ``certain domestic preference laws'' means any provision of section 
2533a or 2533b of title 10, United States Code, or chapter 83 of title 
41 of such Code, that requires or creates a preference for the 
procurement of goods, articles, materials, or supplies, that are grown, 
mined, reprocessed, reused, manufactured, or produced in the United 
States.

[[Page 135 STAT. 1822]]

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

SEC. 811. CERTAIN MULTIYEAR CONTRACTS FOR ACQUISITION OF PROPERTY: 
                        BUDGET JUSTIFICATION MATERIALS.

    (a) In General.--Chapter 9 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 239c. >  Certain multiyear contracts 
                  for acquisition of property: budget 
                  justification materials

    ``(a) >  In General.--In the budget justification 
materials submitted to Congress in support of the Department of Defense 
budget for fiscal year 2023 and each fiscal year thereafter (as 
submitted with the budget of the President under section 1105(a) of 
title 31), the Secretary of Defense shall include a proposal for any 
multiyear contract of the Department entered into under section 2306b of 
this title that--
            ``(1) the head of an agency intends to cancel during the 
        fiscal year; or
            ``(2) with respect to which the head of an agency intends to 
        effect a covered modification during the fiscal year.

    ``(b) >  Elements.--Each proposal required by 
subsection (a) shall include the following:
            ``(1) >  A detailed assessment of any 
        expected termination costs associated with the proposed 
        cancellation or covered modification of the multiyear contract.
            ``(2) >  An updated assessment of estimated 
        savings of such cancellation or carrying out the multiyear 
        contract as modified by such covered modification.
            ``(3) An explanation of the proposed use of previously 
        appropriated funds for advance procurement or procurement of 
        property planned under the multiyear contract before such 
        cancellation or covered modification.
            ``(4) An assessment of expected impacts of the proposed 
        cancellation or covered modification on the defense industrial 
        base, including workload stability, loss of skilled labor, and 
        reduced efficiencies.

    ``(c) Definitions.--In this section:
            ``(1) The term `covered modification' means a modification 
        that will result in a reduction in the quantity of end items to 
        be procured.
            ``(2) The term `head of an agency' means--
                    ``(A) the Secretary of Defense;
                    ``(B) the Secretary of the Army;
                    ``(C) the Secretary of the Navy; or
                    ``(D) the Secretary of the Air Force.''.

[[Page 135 STAT. 1823]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 9 of such title >  is amended by adding 
at the end the following new item:

``239c. Certain multiyear contracts for acquisition of property: budget 
           justification materials.''.

SEC. 812. EXTENSION OF DEMONSTRATION PROJECT RELATING TO CERTAIN 
                        ACQUISITION PERSONNEL MANAGEMENT POLICIES 
                        AND PROCEDURES.

    Section 1762(g) of title 10, United States Code, is amended by 
striking ``December 31, 2023'' and inserting ``December 31, 2026''.
SEC. 813. OFFICE OF CORROSION POLICY AND OVERSIGHT EMPLOYEE 
                        TRAINING REQUIREMENTS.

    Section 2228 of title 10, United States Code, is amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(6) The Director shall ensure that contractors of the 
        Department of Defense carrying out activities for the prevention 
        and mitigation of corrosion of the military equipment and 
        infrastructure of the Department of Defense employ for such 
        activities a substantial number of individuals who have 
        completed, or who are currently enrolled in, a qualified 
        training program.'';
            (2) in subsection (c)--
                    (A) in paragraph (2), by striking ``and'' at the end 
                and inserting a semicolon;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) >  require that any training or 
        professional development activities for military personnel or 
        civilian employees of the Department of Defense for the 
        prevention and mitigation of corrosion of the military equipment 
        and infrastructure of the Department of Defense are conducted 
        under a qualified training program that trains and certifies 
        individuals in meeting corrosion control standards that are 
        recognized industry-wide.''; and
            (3) in subparagraph (f), by adding at the end the following 
        new paragraph:
            ``(6) >  The term `qualified training 
        program' means a training program in corrosion control, 
        mitigation, and prevention that is--
                    ``(A) offered or accredited by an organization that 
                sets industry corrosion standards; or
                    ``(B) an industrial coatings applicator training 
                program registered under the Act of August 16, 1937 
                (popularly known as the `National Apprenticeship Act'; 
                29 U.S.C. 50 et seq.).''.
SEC. 814. MODIFIED CONDITION FOR PROMPT CONTRACT PAYMENT 
                        ELIGIBILITY.

    Section 2307(a)(2)(B) of title 10, United States Code, is amended by 
striking ``if the prime contractor agrees or proposes to make payments 
to the subcontractor'' and inserting ``if the prime contractor agrees to 
make payments to the subcontractor''.

[[Page 135 STAT. 1824]]

SEC. 815. MODIFICATION TO PROCUREMENT OF SERVICES: DATA ANALYSIS 
                        AND REQUIREMENTS VALIDATION.

    (a) In General.--Section 2329 of title 10, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``October 1, 2021'' and inserting ``February 1, 
                2023''; and
                    (B) by striking paragraphs (4) and (5) and inserting 
                the following new paragraphs:
            ``(4) be informed by the review of the inventory required by 
        section 2330a(c) using standard guidelines developed under 
        subsection (d); and
            ``(5) clearly and separately identify the amount requested 
        and projected for the procurement of contract services for each 
        Defense Agency, Department of Defense Field Activity, command, 
        or military installation for the budget year and the subsequent 
        four fiscal years in the future-years defense program submitted 
        to Congress under section 221.'';
            (2) by amending subsection (d) to read as follows:

    ``(d) Requirements Evaluation.--(1) Each Services Requirements 
Review Board shall evaluate each requirement for a services contract, 
taking into consideration total force management policies and 
procedures, available resources, the analyses conducted under subsection 
(c), and contracting efficacy and efficiency. An evaluation of a 
services contract for compliance with contracting policies and 
procedures may not be considered to be an evaluation of a requirement 
for such services contract.
    ``(2) >  The Secretary of Defense shall 
establish and issue standard guidelines within the Department of Defense 
for the evaluation of requirements for services contracts. Any such 
guidelines issued--
            ``(A) shall be consistent with the `Handbook of Contract 
        Function Checklists for Services Acquisition' issued by the 
        Department of Defense in May 2018, or a successor or other 
        appropriate policy; and
            ``(B) >  shall be updated as necessary to 
        incorporate applicable statutory changes to total force 
        management policies and procedures and any other guidelines or 
        procedures relating to the use of Department of Defense civilian 
        employees to perform new functions and functions that are 
        performed by contractors.

    ``(3) >  The acquisition decision authority 
for each services contract shall certify--
            ``(A) >  that a task order or statement 
        of work being submitted to a contracting office is in compliance 
        with the standard guidelines;
            ``(B) that all appropriate statutory risk mitigation efforts 
        have been made; and
            ``(C) that such task order or statement of work does not 
        include requirements formerly performed by Department of Defense 
        civilian employees.

    ``(4) >  The Inspector General of the 
Department of Defense may conduct annual audits to ensure compliance 
with this subsection.'';
            (3) by striking subsection (f) and redesignating the 
        subsequent subsections accordingly; and
            (4) in subsection (f), as so redesignated--
                    (A) in paragraph (3), by striking ``January 5, 
                2016'' and inserting ``January 10, 2020''; and
                    (B) by adding at the end the following new 
                paragraph:

[[Page 135 STAT. 1825]]

            ``(4) >  The term `acquisition decision 
        authority' means the designated decision authority for each 
        designated special interest services acquisition category, 
        described in such Department of Defense Instruction.''.

    (b) Repeals.--
            (1) Section 235 of title 10, United States Code, is 
        repealed.
            (2) Section 852 of the National Defense Authorization Act 
        for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1492; 10 
        U.S.C. 2329 note) is repealed.
SEC. 816. LIMITATION ON PROCUREMENT OF WELDED SHIPBOARD ANCHOR AND 
                        MOORING CHAIN FOR NAVAL VESSELS.

    Section 2534 of title 10, United States Code, is amended--
            (1) in subsection (a)(2), by adding at the end the following 
        new subparagraph:
                    ``(F) Welded shipboard anchor and mooring chain.''; 
                and
            (2) in subsection (b)--
                    (A) by striking ``A manufacturer'' and inserting 
                ``(1) Except as provided in paragraph (2), a 
                manufacturer''; and
                    (B) by adding at the end the following new 
                paragraph:

    ``(2) A manufacturer of welded shipboard anchor and mooring chain 
for naval vessels meets the requirements of this subsection if the 
manufacturer is part of the national technology and industrial base.''.
SEC. 817. REPEAL OF PREFERENCE FOR FIXED-PRICE CONTRACTS.

    Section 829 of the National Defense Authorization Act for Fiscal 
Year 2017 (10 U.S.C. 2306 note) is repealed.

     Subtitle C--Provisions Relating to Other Transaction Authority

SEC. 821. MODIFICATION OF OTHER TRANSACTION AUTHORITY FOR RESEARCH 
                        PROJECTS.

    (a) In General.--Section 2371 of title 10, United States Code, is 
amended--
            (1) in subsection (e)--
                    (A) by striking paragraph (2);
                    (B) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``(1)''; and
                    (C) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2), respectively; and
            (2) by amending subsection (h) to read as follows:

    ``(h) Guidance.--The Secretary of Defense shall issue guidance to 
carry out this section.''.
    (b) Conforming Amendment.--Section 2371b(b)(1) of title 10, United 
States Code, is amended by striking ``Subsections (e)(1)(B) and (e)(2)'' 
and inserting ``Subsection (e)(2)''.
SEC. 822. MODIFICATION OF PRIZE AUTHORITY FOR ADVANCED TECHNOLOGY 
                        ACHIEVEMENTS.

    Section 2374a of title 10, United States Code, is amended--
            (1) in subsection (a), by inserting ``, including 
        procurement contracts and other agreements,'' after ``other 
        types of prizes'';

[[Page 135 STAT. 1826]]

            (2) in subsection (b), in the first sentence, by inserting 
        ``and for the selection of recipients of procurement contracts 
        and other agreements'' after ``cash prizes'';
            (3) in subsection (c)(1), by inserting ``without the 
        approval of the Under Secretary of Defense for Research and 
        Engineering'' before the period at the end; and
            (4) by adding at the end the following new subsection:

    ``(g) Congressional Notice.--
            ``(1) >  In general.--Not later than 15 
        days after a procurement contract or other agreement that 
        exceeds a fair market value of $10,000,000 is awarded under the 
        authority under a program under subsection (a), the Secretary of 
        Defense shall submit to the congressional defense committees 
        written notice of such award.
            ``(2) Contents.--Each notice submitted under paragraph (1) 
        shall include--
                    ``(A) the value of the relevant procurement contract 
                or other agreement, as applicable, including all 
                options;
                    ``(B) a brief description of the research result, 
                technology development, or prototype for which such 
                procurement contract or other agreement, as applicable, 
                was awarded; and
                    ``(C) an explanation of the benefit to the 
                performance of the military mission of the Department of 
                Defense resulting from the award.''.
SEC. 823. >  PILOT PROGRAM ON 
                        SYSTEMS ENGINEERING DETERMINATIONS.

    (a) Requirement.--As soon as practicable but not later than 
September 30, 2023, the Secretary of Defense shall ensure that each 
covered entity enters into at least two covered transactions under an 
authority described in subsection (b), where each such covered 
transaction includes the system engineering determinations described 
under subsection (c).
    (b) Covered Authorities.--The authorities described under this 
subsection are as follows:
            (1) Section 2371 of title 10, United States Code, with 
        respect to applied and advanced research project transactions 
        relating to weapons systems.
            (2) Section 2371b of such title, with respect to 
        transactions relating to weapons systems.
            (3) Section 2373 of such title.
            (4) Section 2358 of such title, with respect to transactions 
        relating to weapons systems.

    (c) Systems Engineering Determinations.--
            (1) First determination.--
                    (A) Success criteria.--The head of a covered entity 
                that enters into a covered transaction under this 
                section shall identify, in writing, not later than 30 
                days after entering into such covered transaction, 
                measurable success criteria related to potential 
                military applications of such covered transaction, to be 
                demonstrated not later than the last day of the period 
                of performance for such covered transaction.
                    (B) Types of determinations.--Not later than 30 days 
                after the end of such period of performance, the head

[[Page 135 STAT. 1827]]

                of the covered entity shall make one of the following 
                determinations:
                          (i) A ``Discontinue'' determination, under 
                      which such head discontinues support of the 
                      covered transaction and provides a rationale for 
                      such determination.
                          (ii) A ``Retain and Extend'' determination,