untitled

135 STAT. 1541 PUBLIC LAW 117–81—DEC. 27, 2021

Public Law 117–81

117th Congress

An Act

To authorize appropriations for fiscal year 2022 for military activities of the Depart-

ment of Defense, for military construction, and for defense activities of the Depart-

ment of Energy, to prescribe military personnel strengths for such fiscal year,

and for other purposes.

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) D

IVISIONS

.—This Act is organized into six divisions as fol-

lows:

(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) T

ABLE OF

ONTENTS

.—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 Vis-

ual Augmentation System.

Sec. 116. Strategy and authority for the procurement of components for the next

generation squad weapon.

National Defense

Authorization

Act for Fiscal

Year 2022.

Dec. 27, 2021

[S. 1605]

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135 STAT. 1542 PUBLIC LAW 117–81—DEC. 27, 2021

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 procure-

ment 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 Re-

placement 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 con-

straints 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 labora-

tories 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 re-

search, 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.

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135 STAT. 1543 PUBLIC LAW 117–81—DEC. 27, 2021

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 per-

formance metrics.

Sec. 227. Modification of the joint common foundation program.

Sec. 228. Executive education on emerging technologies for senior civilian and mili-

tary 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 tech-

nology transition.

Sec. 232. Pilot program on data repositories to facilitate the development of artifi-

cial intelligence capabilities for the Department of Defense.

Sec. 233. Pilot programs for deployment of telecommunications infrastructure to fa-

cilitate 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 reduc-

tions 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 Re-

search Laboratory.

Sec. 245. Study on efficient use of Department of Defense test and evaluation orga-

nizations, facilities, and laboratories.

Sec. 246. Report on autonomy integration in major weapon systems.

Sec. 247. Reports and briefings on recommendations of the National Security Com-

mission 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 De-

fense 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 in-

clude 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 instal-

lations.

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.

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135 STAT. 1544 PUBLIC LAW 117–81—DEC. 27, 2021

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 pre-

vention and mitigation of spills of aqueous film-forming foam.

Sec. 347. Comptroller General study on Department of Defense procurement of cer-

tain items containing certain PFAS substances.

Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl sub-

stances 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 mainte-

nance and repair operations.

Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Opti-

mization 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 readi-

ness 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 op-

erations 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 proce-

dures.

Sec. 379. Management of fatigue among crew of naval surface ships and related im-

provements.

Sec. 380. Authority for activities to improve next generation radar systems capa-

bilities.

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.

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135 STAT. 1545 PUBLIC LAW 117–81—DEC. 27, 2021

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 offi-

cers 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 Mis-

sile Operations Officer (13N).

Subtitle B—Reserve Component Management

Sec. 511. Modification of grant program supporting science, technology, engineer-

ing, 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 do-

mestic 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 jurisdic-

tion 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 perform-

ance 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 ben-

efits for failure to register for Selective Service.

Sec. 529B. Study and report on administrative separation boards.

Subtitle D—Military Justice Reform

ART

1—S

PECIAL

RIAL

OUNSEL

Sec. 531. Special trial counsel.

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135 STAT. 1546 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 532. Policies with respect to special trial counsel.

Sec. 533. Definition of military magistrate, covered offense, and special trial coun-

sel.

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.

ART

2—S

EXUAL

ARASSMENT

; S

ENTENCING

EFORM

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

Sec. 539E. Sentencing reform.

ART

3—R

EPORTS AND

THER

ATTERS

Sec. 539F. Briefing and report on resourcing required for implementation.

Sec. 539G. Briefing on implementation of certain recommendations of the Inde-

pendent 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 Jus-

tice.

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 ac-

tion 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 infor-

mation, and assessing changes in law.

Sec. 548. Determination and reporting of members missing, absent unknown, ab-

sent 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 organiza-

tions.

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; re-

porting on racial and ethnic demographics in the military justice sys-

tem.

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 occu-

pational 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, bul-

lying 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 Mem-

ber of Congress.

Sec. 554. Authority of President to appoint successors to members of Board of Visi-

tors of military academies whose terms have expired.

Sec. 555. Meetings of the Board of Visitors of a military service academy: votes re-

quired to call; held in person or remotely.

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135 STAT. 1547 PUBLIC LAW 117–81—DEC. 27, 2021

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 Tech-

nology.

Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Mont-

gomery GI Bill-Selected Reserve benefits.

Sec. 559A. Regulations on certain parental guardianship rights of cadets and mid-

shipmen.

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 re-

garding 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 mili-

tary 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 re-

sources.

Sec. 567. Study on employment of military spouses.

Sec. 568. Briefing on efforts of commanders of military installations to connect mili-

tary families with local entities that provide services to military fami-

lies.

Sec. 569. Briefing on process to certify reporting of eligible federally connected chil-

dren 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 His-

panic or Latino.

Sec. 573. Inclusion of military service academies, Officer Candidate and Training

Schools, and the Senior Reserve Officers’ Training Corps data in diver-

sity 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 Na-

tional 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.

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135 STAT. 1548 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 605. Requirements in connection with suspension of retired pay and retire-

ment 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 uni-

formed 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, improve-

ment, 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 ben-

efits 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 main-

tenance 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 infor-

mation on vaccine administration.

Sec. 717. Exemption from required physical examination and mental health assess-

ment 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.

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135 STAT. 1549 PUBLIC LAW 117–81—DEC. 27, 2021

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 med-

ical billets.

Sec. 732. Access by United States Government employees and their family mem-

bers 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 law-

ful 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 instal-

lations.

Sec. 739. Feasibility and advisability study on establishment of aeromedical squad-

ron 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 pro-

gram.

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 ingredi-

ents 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-al-

lied 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 justifica-

tion materials.

Sec. 812. Extension of demonstration project relating to certain acquisition per-

sonnel 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.

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135 STAT. 1550 PUBLIC LAW 117–81—DEC. 27, 2021

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 mate-

rials from covered countries.

Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autono-

mous 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 ca-

pabilities 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 relat-

ing 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 Busi-

ness 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 ca-

pabilities 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 require-

ments.

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.

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135 STAT. 1551 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 902. Clarification of treatment of Office of Local Defense Community Coopera-

tion as a Department of Defense Field Activity.

Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engi-

neering 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-re-

lated 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 Spec-

trum 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 re-

serve 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 Depart-

ment of Defense planning, programming, budgeting, and execution proc-

ess.

Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Re-

form.

Subtitle B—Counterdrug Activities

Sec. 1007. Extension of authority to support a unified counterdrug and counterter-

rorism 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 pro-

grams.

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 indi-

viduals 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 indi-

viduals 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.

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135 STAT. 1552 PUBLIC LAW 117–81—DEC. 27, 2021

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 oper-

ations.

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 con-

flict.

Sec. 1048. Limitation on availability of certain funding for operation and mainte-

nance.

Sec. 1049. Limitation on use of certain funds pending submission of report, strat-

egy, 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 poten-

tial 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 re-

porting requirements.

Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weap-

ons, 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 qual-

ity of life review.

Sec. 1062. Public availability of semi-annual summaries of reports.

Sec. 1063. Extension of reporting requirement regarding enhancement of informa-

tion 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-dimen-

sional 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 uni-

formed services voters in locations with limited or immature postal serv-

ice.

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.

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135 STAT. 1553 PUBLIC LAW 117–81—DEC. 27, 2021

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 for-

eign 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 secu-

rity forces.

Sec. 1205. Temporary authority to pay for travel and subsistence expenses of for-

eign 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 co-

alition nations for support provided to United States military oper-

ations.

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 Emir-

ate of Afghanistan.

Sec. 1215. Prohibition on removal of publicly available accountings of military as-

sistance provided to the Afghan security forces.

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135 STAT. 1554 PUBLIC LAW 117–81—DEC. 27, 2021

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 Af-

ghanistan.

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 activi-

ties 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 secu-

rity 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 mili-

tary 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 in-

volving 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 sup-

port.

Sec. 1249. Feasibility briefing on cooperation between the National Guard and Tai-

wan.

Sec. 1250. Feasibility report on establishing military-to-military crisis communica-

tions capabilities.

Sec. 1251. Comparative analyses and reports on efforts by the United States and

the People’s Republic of China to advance critical modernization tech-

nology with respect to military applications.

Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pa-

cific 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, in-

cluding 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.

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135 STAT. 1555 PUBLIC LAW 117–81—DEC. 27, 2021

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 sta-

bilization 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 pres-

ence and influence in Latin America and the Caribbean.

Sec. 1339. Extension of prohibition on in-flight refueling to non-United States air-

craft 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 tech-

nology 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-Depart-

ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-

tain 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 develop-

ment of targeting strategies and supporting capabilities.

Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabili-

ties, 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 Secu-

rity Agency of cyber threats and vulnerabilities affecting critical infra-

structure.

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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 De-

fense 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 pro-

grams 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 com-

mand 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 nonreimburs-

able 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 Inte-

gration.

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 commer-

cial 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 sys-

tem receiver development.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

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

governments.

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Sec. 1622. Strategy and plan to implement certain defense intelligence reforms.

Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on elec-

tronic 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 nu-

clear weapons delivery systems.

Sec. 1635. Modification of deadline for notifications relating to reduction, consolida-

tion, 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 informa-

tion relating to proposed budget for nuclear-armed sea-launched cruise

missile.

Sec. 1641. Limitation on availability of certain funds until submission of informa-

tion relating to nuclear-armed sea-launched cruise missile.

Sec. 1642. Annual certification on readiness of Minuteman III intercontinental bal-

listic 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 capa-

bilities 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 de-

fense 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 de-

fense 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.

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135 STAT. 1558 PUBLIC LAW 117–81—DEC. 27, 2021

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 Com-

mission Order 20–48.

Sec. 1683. Establishment of office, organizational structure, and authorities to ad-

dress 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.

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135 STAT. 1559 PUBLIC LAW 117–81—DEC. 27, 2021

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 activi-

ties 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 in-

stallations 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 oper-

ation 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 fam-

ily 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 instal-

lations.

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 mas-

ter 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 im-

provements.

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135 STAT. 1560 PUBLIC LAW 117–81—DEC. 27, 2021

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 refrig-

erant 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 Caro-

lina.

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 mili-

tary 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 re-

lated 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 war-

heads.

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135 STAT. 1561 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 3121. Portfolio management framework for National Nuclear Security Admin-

istration.

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 nu-

clear 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 com-

ponents, 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 Nu-

clear 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 ura-

nium 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 Fa-

cilities 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 il-

legal, 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.

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135 STAT. 1562 PUBLIC LAW 117–81—DEC. 27, 2021

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 Migra-

tion.

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 for-

eign 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 po-

sitions.

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 edu-

cation needs consistent with the Individuals with Disabilities Education

Act.

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135 STAT. 1563 PUBLIC LAW 117–81—DEC. 27, 2021

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 declassifica-

tion.

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 mem-

bers to evaluate the legal and financial terms of sovereign debt con-

tracts.

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 assist-

ance 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.

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135 STAT. 1564 PUBLIC LAW 117–81—DEC. 27, 2021

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 regard-

ing COVID–19 response.

Sec. 6412. Transportation Security Preparedness Plan.

Sec. 6413. Authorization of Transportation Security Administration personnel de-

tails.

Sec. 6414. Transportation Security Administration preparedness.

Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening check-

points.

Sec. 6416. Comptroller General review of Department of Homeland Security trust-

ed 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 Epi-

demic Preparedness Innovations.

Sec. 6502. Required notification and reports related to Peacekeeping Operations ac-

count.

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 tita-

nium industry.

Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Il-

licit 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 reg-

istry 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 Implica-

tions 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.

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135 STAT. 1565 PUBLIC LAW 117–81—DEC. 27, 2021

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 Vis-

ual 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 procure-

ment 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.

10 USC 101 note.

Definition.

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135 STAT. 1566 PUBLIC LAW 117–81—DEC. 27, 2021

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 Re-

placement 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 con-

straints 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 activi-

ties, 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’’;

(D) by striking subparagraph (G); and

(E) by redesignating subparagraph (H) as subpara-

graph (G); and

(3) in paragraph (4), by striking ‘‘deadlines specified in

paragraph (1):’’ and all that follows through the period at

Determination.

Deadline.

134 Stat. 3423.

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135 STAT. 1567 PUBLIC LAW 117–81—DEC. 27, 2021

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) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—Subject to sec-

tion 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) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—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) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—Subject to sec-

tion 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) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—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) R

EQUIREMENT TO

ONTINUE

ROGRAM

.—The Secretary of

the Army, acting through the Assistant Secretary of the Army

for Acquisition, Logistics, and Technology in accordance with sub-

section (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) R

ESPONSIBLE

FFICIAL

.—The Secretary of the Army shall

designate the Assistant Secretary of the Army for Acquisition, Logis-

tics, 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).

UTIES

.—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 applica-

tions 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, surviv-

ability items, communications equipment, navigational aids,

night vision devices, tactical power, sensors, and lasers.

Designation.

10 USC 7532

note prec.

Effective date.

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135 STAT. 1568 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 115. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT

ON THE INTEGRATED VISUAL AUGMENTATION SYSTEM.

(a) L

IMITATION

.—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) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—Not later than the date specified in para-

graph (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) E

LEMENTS

.—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 suffi-

ciently 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, soft-

ware, and form factor throughout production and procure-

ment 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) D

ATE 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.

SSESSMENT

EQUIRED

.—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 Evalua-

tion shall submit to the congressional defense committees an assess-

ment of the validity, reliability, and objectivity of the report with

respect to each element described in subsection (b)(2).

Deadline.

Certification.

Plans.

Effective date.

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135 STAT. 1569 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 116. STRATEGY AND AUTHORITY FOR THE PROCUREMENT OF

COMPONENTS FOR THE NEXT GENERATION SQUAD

WEAPON.

(a) S

TRATEGY

EQUIRED

.—The Secretary of the Army shall

develop and implement a competitive procurement strategy to iden-

tify, 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) M

ARKET

URVEY

.—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).

UTHORIZATION

.—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) I

NFORMATION TO

ONGRESS

.—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) D

EFINITIONS

.—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.

Plan.

Assessment.

Timelines.

Reports.

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135 STAT. 1570 PUBLIC LAW 117–81—DEC. 27, 2021

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) I

ENERAL

.—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 subse-

quent fiscal year pursuant to a covered contract.

(b) C

OVERED

ONTRACT

EFINED

.—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) I

ENERAL

.—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) E

LEMENTS

.—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;

Time period.

134 Stat. 3429.

134 Stat. 3426.

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135 STAT. 1571 PUBLIC LAW 117–81—DEC. 27, 2021

(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.

VALUATION BY

UANTITY

.—The report required by sub-

section (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) P

LAN

EQUIRED

.—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) E

LEMENTS

.—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 air-

craft 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 peace-

time 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 autono-

mous and remotely-piloted aircraft, including the MQ–25 air-

craft, 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 oper-

ations, and onboard unit-level maintenance, repair, and

sustainment activities for future carrier air wings.

(6) An appropriate modernization plan to maximize oper-

ational use of platforms in existence as of the date of the

Risk assessment.

Assessment.

Deadline.

Time period.

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135 STAT. 1572 PUBLIC LAW 117–81—DEC. 27, 2021

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, particu-

larly 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 SUB-

MARINES OF THE NAVY.

(a) I

ENERAL

.—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) E

LEMENTS

.—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 esti-

mated 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 avail-

ability 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 administra-

tive actions, including reforms of the Federal Acquisition Regu-

lation, to improve the material readiness of the Virginia class

submarines.

(8) Such other elements as the Secretary considers appro-

priate.

Recommenda-

tions.

Assessment.

Estimate.

Assessment.

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135 STAT. 1573 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle D—Air Force Programs

SEC. 131. EXTENSION OF INVENTORY REQUIREMENT FOR AIR FORCE

FIGHTER AIRCRAFT.

(a) E

XTENSION OF

NVENTORY

EQUIREMENT

.—Section 9062(i)(1)

of title 10, United States Code, is amended by striking ‘‘October

1, 2022’’ and inserting ‘‘October 1, 2026’’.

(b) R

EPORTS ON

ETIREMENT OF

ORCE

IGHTER

CRAFT

.—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) R

EPORT ON

ETIREMENT OF

IRCRAFT

.—

‘‘(1) I

N 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 commit-

tees 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 oper-

ations and steady-state or rotational operations.

‘‘(D) Such other matters relating to the retirement

of fighter aircraft as the Secretary considers appropriate.

‘‘(2) T

IMING OF REPORT

.—Each report required under para-

graph (1) shall be included in the materials submitted in sup-

port 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 inven-

tory 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 Authoriza-

tion Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1668)

is amended—

Analysis.

Effective date.

Assessments.

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135 STAT. 1574 PUBLIC LAW 117–81—DEC. 27, 2021

(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) P

ROHIBITION

.—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 enact-

ment, the number of personnel assigned to units responsible

for the operation and maintenance of B–1 aircraft if such reduc-

tion would affect the ability of such units to meet the capability

described in paragraph (1).

(b) E

XCEPTION

.—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.

EFINITIONS

.—In this section:

(1) The term ‘‘covered period’’ means the period beginning

on the date of the enactment of this Act and ending on Sep-

tember 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) P

ROHIBITION

.—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) E

XCEPTION

.—

(1) I

N 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) C

ERTIFICATION 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) C

ERTIFICATION ADDITIONAL

.—Any certification sub-

mitted under paragraph (2) shall be in addition to the notifica-

tion and certification required by section 135(b) of the National

Defense Authorization Act for Fiscal Year 2017 (Public Law

114–328; 130 Stat. 2039).

Determination.

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135 STAT. 1575 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B–52

COMMERCIAL ENGINE REPLACEMENT PROGRAM.

(a) L

IMITATION

.—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 Replace-

ment 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 Replace-

ment Program in accordance with subsection (b)(1).

(b) A

DDITIONAL

EQUIREMENTS

.—

(1) T

REATMENT 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) U

NIT 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 Replace-

ment 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 Pro-

gram.

(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.

EFINITIONS

.—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 sec-

tion 2432 of title 10, United States Code.

SEC. 136. LIMITATION ON AVAILABILITY OF FUNDS PENDING INFORMA-

TION ON BRIDGE TANKER AIRCRAFT.

(a) L

IMITATION

.—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,

Reports.

Effective date.

Reports.

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135 STAT. 1576 PUBLIC LAW 117–81—DEC. 27, 2021

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 congres-

sional 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

refueling tanker aircraft (commonly referred to as the ‘‘KC–

Z’’).

(b) B

RIDGE

ANKER

IRCRAFT

EFINED

.—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) R

EPEAL OF

INIMUM

NVENTORY

EQUIREMENTS FOR

KC–

10A A

IRCRAFT

.—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 sub-

sections (b) through (e), respectively;

(3) in subsection (b), as so redesignated, by striking ‘‘sub-

section (e)’’ and inserting ‘‘subsection (d)’’; and

(4) by amending subsection (d), as so redesignated, to read

as follows:

‘‘(d) E

XCEPTIONS

.—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) L

IMITATION ON

ETIREMENT OF

KC–135 A

IRCRAFT

.—

(1) L

IMITATION

.—Notwithstanding section 135 of the Wil-

liam M. (Mac) Thornberry National Defense Authorization Act

for Fiscal Year 2021 (Public Law 116–283) and except as pro-

vided 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) E

XCEPTION

.—The limitation in paragraph (1) shall not

apply to individual KC–135 aircraft that the Secretary of the

Determination.

Time period.

Certification.

Deadline.

Determination.

Time periods.

134 Stat. 3431.

Plan.

Certification.

Acquisition

strategy.

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135 STAT. 1577 PUBLIC LAW 117–81—DEC. 27, 2021

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.

ROHIBITION ON

EDUCTION OF

KC–135 A

IRCRAFT IN

PMAI

OF THE

ESERVE

OMPONENTS

.—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 mis-

sion aircraft inventory within the reserve components of the Air

Force.

(d) P

RIMARY

ISSION

IRCRAFT

NVENTORY

EFINED

.—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) M

INIMUM

NVENTORY

EQUIREMENT

.—During the covered

period, the Secretary of the Air Force shall maintain a total inven-

tory of tactical airlift aircraft of not less than 279 aircraft.

(b) E

XCEPTION

.—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 deter-

mines, on a case-by-case basis, that an aircraft is no longer mission

capable because of a mishap or other damage.

OVERED

ERIOD

EFINED

.—In this section, the term ‘‘cov-

ered 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) R

EPORT

EQUIRED

.—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) E

LEMENTS

.—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 rec-

ommended to support wartime mobility requirements as set

forth in—

(A) the mobility capability and requirements study con-

ducted 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 con-

ducted under section 1712 of the National Defense

Analysis.

Plans.

Determination.

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135 STAT. 1578 PUBLIC LAW 117–81—DEC. 27, 2021

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.

ORM OF

EPORT

.—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 AIR-

CRAFT PROGRAM.

(a) F–35A Q

UANTITY

IMIT FOR THE

ORCE

.—

(1) L

IMITATION

.—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) C

OST

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 Q

UANTITY

IMIT FOR THE

ARINE

ORPS

.—

(1) L

IMITATION

.—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 deter-

mined under paragraph (2); and

(ii) rounding the product of the calculation under

clause (i) to the nearest whole number.

(2) C

OST

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

Effective dates.

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135 STAT. 1579 PUBLIC LAW 117–81—DEC. 27, 2021

(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)).

UANTITY

IMIT FOR THE

AVY

.—

(1) L

IMITATION

.—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 deter-

mined under paragraph (2); and

(ii) rounding the product of the calculation under

clause (i) to the nearest whole number.

(2) C

OST

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 accord-

ance with subsection (f)).

(d) F–35C Q

UANTITY

IMIT FOR THE

ARINE

ORPS

.—

(1) L

IMITATION

.—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 deter-

mined under paragraph (2); and

(ii) rounding the product of the calculation under

clause (i) to the nearest whole number.

(2) C

OST

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) D

ETERMINATION OF

EQUIRED

FFORDABILITY

OST

GETS

.—

(1) A

IR FORCE

.—Not later than October 1, 2025, the Sec-

retary 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 deter-

mined under subparagraph (A).

Deadlines.

Certifications.

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135 STAT. 1580 PUBLIC LAW 117–81—DEC. 27, 2021

(2) N

AVY 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;

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) D

ETERMINATION OF

CTUAL

OST

PER

TAIL

PER

YEAR FOR

ISCAL

EAR

2027.——

(1) I

N 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) C

ALCULATION

.—For purposes of paragraph (1), the aver-

age 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) W

AIVER

UTHORITY

.—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 congres-

sional 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

Certification.

Deadline.

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135 STAT. 1581 PUBLIC LAW 117–81—DEC. 27, 2021

of the combatant commanders. The authority of the Secretary under

this subsection may not be delegated.

(h) A

IRCRAFT

EFINED

.—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) T

RANSFER OF

UNCTIONS

.—

(1) S

USTAINMENT 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 Depart-

ment 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 trans-

ferred to the Department of the Air Force, and the Sec-

retary of the Air Force shall be the official in the Depart-

ment of Defense with principal responsibility for carrying

out such functions.

(2) A

CQUISITION 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 Sec-

retary 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 Depart-

ment 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 trans-

ferred to the Department of the Air Force, and the Sec-

retary of the Air Force shall be the official in the Depart-

ment of Defense with principal responsibility for carrying

out such functions.

(b) T

RANSITION

LAN

.—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).

Coordination.

Deadlines.

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135 STAT. 1582 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR AIR-BASED

AND SPACE-BASED GROUND MOVING TARGET INDICATOR

CAPABILITIES.

(a) R

EVIEW OF

EDUNDANCIES

.—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) L

IMITATION

.—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).

NFORMATION

EQUIRED

.—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 congres-

sional 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 require-

ments and standards of the Department; and

(B) the validated requirements of the Joint Require-

ments 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 PROCURE-

MENT 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 Com-

mand 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) A

NALYSIS

EQUIRED

.—

Time period.

Analysis.

Compliance.

List.

Consultation.

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135 STAT. 1583 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N 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) E

LEMENTS

.—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.

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 oper-

ations in contested environments.

(b) R

EPORT

.—Not later than May 1, 2022, the Director of Cost

Assessment and Program Evaluation shall submit to the congres-

sional 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.

OVERED

ADAR

YSTEMS

EFINED

.—In this section, the

term ‘‘covered radar systems’’ means radar systems with the fol-

lowing 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 SYS-

TEMS.

(a) R

EVIEW AND

RIEFING

EQUIRED

.—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 cur-

rent and emerging military threats;

(2) to upgrade or replace any fielded major weapon systems

that is not capable of effectively meeting operational require-

ments 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

Deadline.

Recommenda-

tions.

Time period.

Cost estimate.

Assessments.

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135 STAT. 1584 PUBLIC LAW 117–81—DEC. 27, 2021

lower-priority military threats, as determined by intelligence

assessments and operational requirements.

(b) M

AJOR

EAPON

YSTEM

EFINED

.—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 labora-

tories 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 re-

search, 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.

Time period.

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135 STAT. 1585 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 226. Review of artificial intelligence applications and establishment of per-

formance metrics.

Sec. 227. Modification of the joint common foundation program.

Sec. 228. Executive education on emerging technologies for senior civilian and mili-

tary 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 tech-

nology transition.

Sec. 232. Pilot program on data repositories to facilitate the development of artifi-

cial intelligence capabilities for the Department of Defense.

Sec. 233. Pilot programs for deployment of telecommunications infrastructure to fa-

cilitate 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 reduc-

tions 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 Re-

search Laboratory.

Sec. 245. Study on efficient use of Department of Defense test and evaluation orga-

nizations, facilities, and laboratories.

Sec. 246. Report on autonomy integration in major weapon systems.

Sec. 247. Reports and briefings on recommendations of the National Security Com-

mission 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, develop-

ment, 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 TECH-

NOLOGY STRATEGY.

(a) I

ENERAL

.—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:

‘‘§ 118c. National Defense Science and Technology Strategy

‘‘(a) I

ENERAL

.—The Secretary of Defense shall develop a

strategy—

‘‘(1) to articulate the science and technology priorities,

goals, and investments of the Department of Defense;

10 USC 118c.

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135 STAT. 1586 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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 identifica-

tion, prioritization, development, and fielding of emerging

capabilities and technologies.

‘‘(b) E

LEMENTS

.—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, pro-

grams, 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 regula-

tions;

‘‘(7) support the efficient integration of capabilities and

technologies to close near-term, mid-term, and long-term capa-

bility gaps;

‘‘(8) support the development of appropriate investments

in research and technology development within the Depart-

ment, 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) C

OORDINATION

.—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,

Recommenda-

tions.

Recommenda-

tions.

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135 STAT. 1587 PUBLIC LAW 117–81—DEC. 27, 2021

defense and technology industry partners, research and develop-

ment partners, other Federal research agencies, allies and partners

of the United States, and other appropriate organizations.

‘‘(d) C

ONSIDERATIONS

.—In developing the strategy under sub-

section (a), the Secretary of Defense shall consider—

‘‘(1) the operational challenges identified in the National

Defense Strategy and the technological threats and opportuni-

ties identified through the global technology review and assess-

ment activities of the Department of Defense, the intelligence

community, and other technology partners;

‘‘(2) current military requirements and emerging tech-

nologies 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) R

EPORTS

.—

‘‘(1) S

UBSEQUENT 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 develop-

ments in the United States, and technical intelligence derived

from global technology reviews conducted by the Secretary of

Defense.

‘‘(2) F

ORM OF REPORTS

.—The reports submitted under para-

graph (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) B

RIEFING

.—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) D

ESIGNATION

.—The strategy developed under subsection

(a) shall be known as the ‘National Defense Science and Technology

Strategy’.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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.’’.

ONFORMING

EPEAL

.—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) C

ONFORMING

MENDMENT

.—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’’.

10 USC 111 prec.

Deadline.

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135 STAT. 1588 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 212. CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL

DEMONSTRATION LABORATORIES FOR ADVANCED

DEGREE HOLDERS.

(a) I

ENERAL

.—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 sub-

section (f):

‘‘(f) D

IRECT

IRE

UTHORITY AT

ERSONNEL

EMONSTRATION

ABORATORIES FOR

DVANCED

EGREE

OLDERS

.—

‘‘(1) A

UTHORITY

.—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) A

PPLICABILITY

.—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) L

IMITATION

.—(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 can-

didates shall be counted on a full-time equivalent basis.’’.

(b) R

EPEAL

.—Section 1108 of the Duncan Hunter National

Defense Authorization Act for Fiscal Year 2009 (Public Law 110–

417; 122 Stat. 4618 ) is hereby repealed.

ONFORMING

MENDMENTS

.—

(1) Section 255(b)(5)(B) of the National Defense Authoriza-

tion 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 Authoriza-

tion 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) D

UTIES OF

DIU J

OINT

ESERVE

ETACHMENT

.—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 Depart-

ment 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

10 USC 4001

note.

10 USC 1580

note prec.

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135 STAT. 1589 PUBLIC LAW 117–81—DEC. 27, 2021

Fiscal Year 2019 (Public Law 115–232; 132 Stat.

1679); and

‘‘(III) relevant policy and guidance from the

Secretary of Defense; and’’.

(b) R

EGIONAL

CTIVITIES

.—Subject to the availability of appro-

priations 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 Sec-

retary; and

(2) to expand outreach to communities that do not other-

wise have a Defense Innovation Unit presence, including

economically disadvantaged communities.

SEC. 214. CODIFICATION OF REQUIREMENT FOR DEFENSE ESTAB-

LISHED PROGRAM TO STIMULATE COMPETITIVE

RESEARCH.

(a) I

ENERAL

.—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:

‘‘§ 4010. Defense Established Program to Stimulate Competi-

tive Research

‘‘(a) P

ROGRAM

EQUIRED

.—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 univer-

sity research programs of the Department of Defense.

‘‘(b) P

ROGRAM

BJECTIVES

.—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) P

ROGRAM

CTIVITIES

.—In order to achieve the program

objectives, the following activities are authorized under the pro-

gram:

‘‘(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

Grants.

10 USC 4010.

10 USC 4061

note.

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135 STAT. 1590 PUBLIC LAW 117–81—DEC. 27, 2021

through collaboration between Department of Defense labora-

tories and such researchers.

‘‘(4) Any other activities that are determined necessary

to further the achievement of the objectives of the program.

‘‘(d) E

LIGIBLE

TATES

.—(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 devel-

oping 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 institu-

tions 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 consecu-

tive years.

‘‘(e) C

OORDINATION

ITH

IMILAR

EDERAL

ROGRAMS

.—(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 pur-

poses 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) S

TATE

EFINED

.—In this section, the term ‘State’ means

a State of the United States, the District of Columbia, the Common-

wealth of Puerto Rico, Guam, the Virgin Islands, American Samoa,

and the Commonwealth of the Northern Mariana Islands.’’.

Consultation.

Time period.

Time periods.

Designation.

Determination.

Designation.

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135 STAT. 1591 PUBLIC LAW 117–81—DEC. 27, 2021

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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.’’.

ONFORMING

EPEALS

.—(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) E

FFECTIVE

ATE

.—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) I

ENERAL

.—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:

‘‘§ 4121. Science and technology reinvention laboratories:

authority and designation

‘‘(a) I

ENERAL

.—(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 dem-

onstration 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 dem-

onstration 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

Applicability.

California.

10 USC 4121.

10 USC 4010

note.

10 USC 4001

prec.

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135 STAT. 1592 PUBLIC LAW 117–81—DEC. 27, 2021

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 dem-

onstration 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) D

ESIGNATION OF

ABORATORIES

.—Each of the following

is hereby designated as a Department of Defense science and tech-

nology 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 Avia-

tion and Missile Center.

‘‘(7) The Combat Capabilities Development Command

Chemical Biological Center.

‘‘(8) The Combat Capabilities Development Command Com-

mand, Control, Communications, Computers, Cyber, Intel-

ligence, Surveillance, and Reconnaissance Center.

‘‘(9) The Combat Capabilities Development Command

Ground Vehicle Systems Center.

‘‘(10) The Combat Capabilities Development Command Sol-

dier 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) C

ONVERSION

ROCEDURES

.—The Secretary of Defense shall

implement procedures to convert the civilian personnel of each

Department of Defense science and technology reinvention labora-

tory, as so designated by subsection (b), to the personnel system

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135 STAT. 1593 PUBLIC LAW 117–81—DEC. 27, 2021

under an appropriate demonstration project (as referred to in sub-

section (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) L

IMITATION

.—The science and technology reinvention lab-

oratories, 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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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 fol-

lowing:

‘‘4121. Science and technology reinvention laboratories: authority and designation.’’.

ONFORMING

EPEALS

.—(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) C

ONFORMING

MENDMENTS

.—(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) R

EQUIREMENT

.—The Secretary of Defense shall take all

necessary actions to fully implement and use the authorities pro-

vided 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 des-

ignated 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

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

10 USC 4121

note.

10 USC 4061

prec.

Deadline.

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135 STAT. 1594 PUBLIC LAW 117–81—DEC. 27, 2021

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 des-

ignated 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)

10 USC 4001

note.

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135 STAT. 1595 PUBLIC LAW 117–81—DEC. 27, 2021

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 redesig-

nated 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 trans-

ferred 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) E

FFECTIVE

ATE

.—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 appro-

priate.’’;

(3) by redesignating subsections (c) through (e) as sub-

sections (d) through (f), respectively;

(4) by inserting after subsection (b) the following:

‘‘(c) L

EADERSHIP

.—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 ‘‘strate-

gies’’;

10 USC 4001

note.

10 USC 4091

note.

10 USC 4124.

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135 STAT. 1596 PUBLIC LAW 117–81—DEC. 27, 2021

(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 subpara-

graph (F); and

(v) by inserting after subparagraph (D) the fol-

lowing:

‘‘(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

National Intelligence, jointly’’ after ‘‘Secretary of Defense’’;

(6) by amending subsection (e), as redesignated by para-

graph (3), to read as follows:

‘‘(e) D

EFINITIONS

.—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 Intel-

ligence, 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 identi-

fied 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) S

ELECTION OF ENTITIES

.—

‘‘(A) I

N 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

15 USC 4653.

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135 STAT. 1597 PUBLIC LAW 117–81—DEC. 27, 2021

paragraph (2) as part of the network established under

paragraph (1).

‘‘(B) G

EOGRAPHIC 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) C

ONSULTATION

ITH

THER

RGANIZATIONS

.—For the pur-

poses 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 Sec-

retary’’.

SEC. 220. DEFENSE RESEARCH AND ENGINEERING ACTIVITIES AT

MINORITY INSTITUTIONS.

(a) P

LAN TO

ROMOTE

EFENSE

ESEARCH AT

INORITY

NSTITUTES

.—

(1) I

N 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) E

LEMENTS

.—The plan under paragraph (1) shall include

the following:

(A) An assessment of the engineering, research, and

development capabilities of minority institutions, including

Assessments.

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135 STAT. 1598 PUBLIC LAW 117–81—DEC. 27, 2021

an assessment of the workforce and physical research infra-

structure of such institutions.

(B) An assessment of the ability of minority institu-

tions—

(i) to participate in defense-related engineering,

research, and development activities; and

(ii) to effectively compete for defense-related

engineering, research, and development contracts.

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 institu-

tions 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 devel-

oped 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) C

ONSULTATION

.—In developing the plan under para-

graph (1), the Secretary of Defense shall consult with such

other public and private sector organizations as the Secretary

determines appropriate.

(4) R

EPORT

.—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) A

CTIVITIES TO

UPPORT THE

ESEARCH AND

NGINEERING

APACITY OF

ISTORICALLY

LACK

OLLEGES AND

NIVERSITIES

AND

INORITY

NSTITUTIONS

.—

(1) I

N GENERAL

.—Subject to the availability of appropria-

tions, the Secretary may establish a program to award con-

tracts, grants, or other agreements on a competitive basis,

and to perform other appropriate activities for the purposes

described in paragraph (2).

(2) P

URPOSES

.—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

Contracts.

Grants.

10 USC 4144

note.

Public

information.

Web posting.

Determination.

Recommenda-

tions.

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135 STAT. 1599 PUBLIC LAW 117–81—DEC. 27, 2021

appropriate personnel exchange programs and educational

and career development activities.

appropriate for enhancing the defense-related engineering,

research, and development capabilities of minority institu-

tions.

NCREASING

ARTNERSHIPS FOR

INORITY

NSTITUTIONS

ITH

ATIONAL

ECURITY

ESEARCH AND

NGINEERING

RGANIZA

TIONS

.—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 develop-

ment 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) M

INORITY

NSTITUTION

EFINED

.—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) T

EST

ROGRAM

EQUIRED

.—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) A

DMINISTRATION

.—The test program required by subsection

(a) shall be administered by the Senior Technical Authority for

the DDG(X) destroyer class of vessels.

LEMENTS

.—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) T

EST

BJECTIVES

.—The test program required by subsection

(a) shall include, at a minimum, the following test objectives dem-

onstrated 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.

10 USC 4144

note.

Assessment.

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135 STAT. 1600 PUBLIC LAW 117–81—DEC. 27, 2021

(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) C

OMPLETION

ATE

.—The Secretary of the Navy shall com-

plete 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) D

EFINITIONS

.—In this section:

(1) D

ELIVERY DATE

.—The term ‘‘delivery date’’ has the

meaning given that term in section 8671 of title 10, United

States Code.

(2) S

ENIOR TECHNICAL AUTHORITY

.—The term ‘‘Senior Tech-

nical 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) E

STABLISHMENT

.—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) P

URPOSES

.—The purposes of the consortium under sub-

section (a) are as follows:

(1) To shape the formulation and application of policy

through the conduct of research and analysis regarding irreg-

ular 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 profes-

sional 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 appro-

priately controlled physical spaces.

(9) To support the work of a Department of Defense Func-

tional Center for Security Studies in Irregular Warfare if such

Center is established pursuant to section 1299L of the William

10 USC 342 note.

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135 STAT. 1601 PUBLIC LAW 117–81—DEC. 27, 2021

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.

ARTNERSHIPS

.—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 appro-

priate.

(d) I

NSTITUTION OF

IGHER

DUCATION

EFINED

.—In this sec-

tion, 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 TECH-

NOLOGIES FOR SURVIVABILITY AND LETHALITY TESTING.

(a) E

XPANSION OF

URVIVABILITY AND

ETHALITY

ESTING

.—

(1) I

N GENERAL

.—The Secretary, in coordination with cov-

ered 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) D

EVELOPMENT OF DIGITAL TECHNOLOGIES FOR LIVE FIRE

TESTING

.—

(A) I

N 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 sec-

tion 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) O

BJECTIVES

.—In carrying out subparagraph (A),

the Secretary shall seek to achieve the following objectives:

(i) Enable assessments of full spectrum surviv-

ability and lethality of each covered system with

respect to kinetic and non-kinetic threats.

(ii) Inform the development and refinement of dig-

ital 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.

EMONSTRATION ACTIVITIES

.—

(i) I

N 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).

Assessments.

Data.

Coordination.

10 USC 4172

note.

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135 STAT. 1602 PUBLIC LAW 117–81—DEC. 27, 2021

(ii) P

ROGRAM 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) A

RMED 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) R

EGULAR SURVIVABILITY AND LETHALITY TESTING

THROUGHOUT LIFE CYCLE

.—

(A) I

N 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) E

LEMENTS

.—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 capabili-

ties.

(ii) The situations in which it may be necessary

to develop and use digital technologies to assess legacy

fleet vulnerabilities.

(b) R

EPORTS AND

RIEFING

.—

(1) A

SSESSMENT 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 commit-

tees a report that identifies the programs selected to participate

in the demonstration activities under subsection (a)(2)(C).

(2) M

ODERNIZATION AND DIGITIZATION REPORT

.—

(A) I

N GENERAL

.—Not later than March 15, 2023, the

Director shall submit to the congressional defense commit-

tees 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 tech-

nologies;

(bb) do not include testing against non-

kinetic threats; and

Assessments.

Determinations.

Coordination.

Assessment.

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135 STAT. 1603 PUBLIC LAW 117–81—DEC. 27, 2021

(cc) do not include full spectrum surviv-

ability;

(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 deci-

sion-support processes for managing and over-

seeing 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) B

RIEFING

.—Not later than April 14, 2023, the

Director shall provide to the congressional defense commit-

tees a briefing that identifies any changes to existing law

that may be necessary to implement subsection (a).

EFINITIONS

.—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;

(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 Moderniza-

tion Program Office; and

(iii) the Joint Technical Coordination Group for

Munitions Effectiveness.

(2) The term ‘‘covered system’’ means any warfighting capa-

bility 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.

Deadline.

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135 STAT. 1604 PUBLIC LAW 117–81—DEC. 27, 2021

(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;

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 AIR-

CRAFT.

(a) T

ESTING AND

VALUATION

EQUIRED

.—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 com-

mence 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) R

EQUIREMENTS

.—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 condi-

tions 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—

Applicability.

Evaluation.

Determination.

Compliance.

Deadline.

Consultation.

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135 STAT. 1605 PUBLIC LAW 117–81—DEC. 27, 2021

(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 real-

istic 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 spe-

cific 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 participa-

tion of subject matter experts who have familiarity and tech-

nical 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 Sec-

retary 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 organiza-

tion 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.

ORRECTIVE

CTIONS

.—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 nec-

essary 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) P

RELIMINARY

EPORTS

.—

(1) I

N GENERAL

.—Not later than the date specified in para-

graph (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 evalua-

tion, that includes—

Deadline.

Consultation.

Determination.

Analysis.

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135 STAT. 1606 PUBLIC LAW 117–81—DEC. 27, 2021

(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

ducted 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 Sec-

retary of Defense under subparagraphs (A) and (B).

(2) D

ATE 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 evalua-

tion 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) F

INAL

EPORTS

.—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) I

NDEPENDENT

EVIEW OF

INAL

EPORT

.—

(1) I

N 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 rel-

evant expertise to conduct an independent sufficiency review

of the final reports submitted under subsection (e).

(2) R

EPORT 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) R

EPORT 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) I

DENTIFICATION

EQUIRED

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of Defense

Deadlines.

Consultation.

Contracts.

Recommenda-

tions.

Recommenda-

tions.

Recommenda-

tions.

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135 STAT. 1607 PUBLIC LAW 117–81—DEC. 27, 2021

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) B

RIEFING

.—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, invest-

ments, policy changes, or other activities the Secretary proposes

to carry out as part of such plan.

AJOR

ANGE AND

EST

ACILITY

ASE

.—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) I

ENERAL

.—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 oper-

ations 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) P

ERFORMANCE

BJECTIVES AND

CCOMPANYING

ETRICS

.—

(1) S

KILL GAPS

.—In carrying out subsection (a), the Sec-

retary 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 intel-

ligence;

(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 spe-

cialist tracks in such fields; and

(B) establish recruiting, training, and talent manage-

ment 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 sub-

section (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

Determination.

Requirements.

Deadline.

Assessments.

10 USC 4001

note.

Definition.

Proposals.

Schedule.

Plan.

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135 STAT. 1608 PUBLIC LAW 117–81—DEC. 27, 2021

metrics for artificial intelligence modernization activities

of the Department.

(3) E

XERCISES

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) L

OGISTICS AND SUSTAINMENT

.—In carrying out sub-

section (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 enter-

prise.

(5) B

USINESS 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 anal-

ysis; and

(B) establish performance objectives and accompanying

metrics for the integration of artificial intelligence in pri-

ority 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.

EPORT TO

ONGRESS

.—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).

Proposals.

Coordination.

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135 STAT. 1609 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 227. MODIFICATION OF THE JOINT COMMON FOUNDATION PRO-

GRAM.

(a) M

ODIFICATION OF

OINT

OMMON

OUNDATION

.—The Sec-

retary of Defense shall modify the Joint Common Foundation pro-

gram 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) Q

UALIFYING

OMMERCIAL

OMPANIES

.—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 proc-

esses, to achieve automatic authority to operate and provide contin-

uous delivery, security clearances, data portability, and interoper-

ability.

SE OF

FAR P

ART

12.—The Secretary of Defense shall

ensure that, to the maximum extent practicable, commercial artifi-

cial 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) O

BJECTIVES OF THE

OINT

OMMON

OUNDATION

GRAM

.—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 capabili-

ties 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 speci-

fied by the Department of Defense, including PlatformOne of

the Department of the Air Force

(e) B

RIEFING

.—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) E

STABLISHMENT OF

OURSE

.—Not later than two years after

the date of the enactment of this Act, the Secretary of Defense

Deadline.

10 USC 2001

note prec.

Deadline.

10 USC 4001

note.

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135 STAT. 1610 PUBLIC LAW 117–81—DEC. 27, 2021

shall establish executive education activities on emerging tech-

nologies for appropriate general and flag officers and senior execu-

tive-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) P

LAN FOR

ARTICIPATION

.—

(1) I

N GENERAL

.—The Secretary of Defense shall develop

a plan for participation in executive education activities estab-

lished under subsection (a).

(2) R

EQUIREMENTS

.—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 activi-

ties under such subsection; and

(B) certified as having successfully completed the

executive education activities.

EPORT

.—

(1) I

N 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) C

ONTENTS

.—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 DEPLOY-

MENT OF DUAL-USE QUANTUM TECHNOLOGIES.

(a) A

CTIVITIES

EQUIRED

.—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 invest-

ments of the Department of Defense in quantum information

science research and development reflects an appropriate bal-

ance 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 oper-

ational 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) A

SSISTANCE

ROGRAM

.—

(1) P

ROGRAM REQUIRED

.—In carrying out subsection (a)

and subject to the availability of appropriations for such pur-

pose, the Secretary of Defense shall, acting through the Director

Consultation.

10 USC 4001

note.

Recommenda-

tions.

Certification.

Deadline.

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135 STAT. 1611 PUBLIC LAW 117–81—DEC. 27, 2021

of the Defense Advanced Research Projects Agency and in con-

sultation with appropriate public and private sector organiza-

tions, 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 tech-

nologies; and

capabilities.

(2) F

ORM 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) A

UTHORITIES AND ACQUISITION APPROACHES

.—The Sec-

retary 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.

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 proce-

dures.

(F) Requirement for milestone payments based on tech-

nical 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 Sec-

retary considers appropriate.

(4) P

OLICIES AND PROCEDURES

.—The Secretary of Defense

shall, in consultation with such experts from government and

industry as the Secretary considers appropriate, establish poli-

cies and procedures to carry out the program required by para-

graph (1).

RIEFING AND

EPORT

.—

(1) B

RIEFING

.—Not later than March 1, 2022, the Secretary

of Defense shall provide to the congressional defense commit-

tees a briefing on the plan to carry out the activities required

by subsection (a) and the program required by subsection (b).

(2) R

EPORT

.—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 congres-

sional defense committees a report on the activities carried

Termination

date.

Deadline.

Consultation.

Grants.

Contracts.

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135 STAT. 1612 PUBLIC LAW 117–81—DEC. 27, 2021

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 PARTNER-

SHIPS TO PROMOTE TECHNOLOGY TRANSITION.

(a) I

ENERAL

.—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) P

RIORITY

.—In carrying out the activities described in para-

graphs (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)).

ERMS OF

GREEMENTS

.—The terms of an agreement under

subsection (a) shall be determined by the Secretary of Defense.

(d) D

ATA

OLLECTION

.—

(1) P

LAN REQUIRED BEFORE IMPLEMENTATION

.—The Sec-

retary 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 collec-

tion required under paragraph (2); and

(B) submits the plan to the congressional defense

committees.

(2) D

ATA 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 facili-

tating 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;

Analysis.

Effective date.

Determination.

Contracts.

10 USC 4007

note.

Coordination.

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135 STAT. 1613 PUBLIC LAW 117–81—DEC. 27, 2021

(B) providing information to the leadership of the

Department on the implementation of the pilot program

and related policy issues; and

committees as required under subsection (e).

(e) B

RIEFING

.—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) C

ONSULTATION

.—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 Depart-

ment 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 Sec-

retary determines appropriate.

(g) T

ERMINATION

.—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) C

OMPTROLLER

ENERAL

SSESSMENT AND

EPORT

.—

(1) A

SSESSMENT

.—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) R

EPORT

.—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) D

ATE 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) E

STABLISHMENT OF

ATA

EPOSITORIES

.—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 appro-

priate), 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 intel-

ligence software and technology; and

Determination.

10 USC 4001

note.

Time periods.

Evaluation.

Determination.

Deadline.

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135 STAT. 1614 PUBLIC LAW 117–81—DEC. 27, 2021

(2) allows appropriate public and private sector organiza-

tions to access such data repositories for the purpose of devel-

oping improved artificial intelligence and machine learning soft-

ware capabilities that may, as determined appropriate by the

Secretary, be procured by the Department to satisfy Depart-

ment requirements and technology development goals.

(b) E

LEMENTS

.—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 proc-

esses, and activities; and

(2) shall—

(A) be categorized and annotated to support develop-

ment of a common evaluation framework for artificial intel-

ligence models and other technical software solutions;

(B) be made available to appropriate public and private

sector organizations to support rapid development of soft-

ware and artificial intelligence capabilities;

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 activi-

ties as determined by the Secretary.

RIEFING

.—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 TELECOMMUNI-

CATIONS INFRASTRUCTURE TO FACILITATE 5G DEPLOY-

MENT ON MILITARY INSTALLATIONS.

(a) P

LANS

.—

(1) I

N 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 infrastruc-

ture to facilitate the availability of fifth-generation wireless

telecommunications services on military installations under the

jurisdiction of the Secretary.

Deadline.

10 USC 4571

note.

Determination.

Deadline.

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135 STAT. 1615 PUBLIC LAW 117–81—DEC. 27, 2021

(2) P

LAN ELEMENTS

.—Each plan submitted under para-

graph (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.

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 tele-

communications infrastructure.

(b) P

ILOT

ROGRAMS

EQUIRED

.—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).

EPORTS

.—

(1) I

N 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 congres-

sional defense committees a report on the pilot program.

(2) C

ONTENTS

.—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.

the military department considers appropriate.

(d) T

ELECOMMUNICATIONS

NFRASTRUCTURE

EFINED

.—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) L

IMITATION

.—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-genera-

tion infantry fighting vehicle of the Army until a period of 30

days has elapsed following the date on which the Secretary submits

Time period.

Deadline.

Assessment.

Timeline.

List.

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135 STAT. 1616 PUBLIC LAW 117–81—DEC. 27, 2021

to the congressional defense committees the report required under

subsection (b).

(b) R

EPORT

EQUIRED

.—

(1) I

N 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) E

LEMENTS

.—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.

Vehicle-equipped force structure designs and the oper-

ational 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.

RIEFING

EQUIRED

.—At least 30 days prior to the submis-

sion 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) C

OMPTROLLER

ENERAL

SSESSMENT

.—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 assess-

ment 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) L

IMITATION

.—

(1) I

N 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

Effective date.

Consultation.

Certification.

Deadline.

Time period.

Assessment.

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135 STAT. 1617 PUBLIC LAW 117–81—DEC. 27, 2021

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 evalua-

tion for any such program.

(2) A

CTIONS 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 inven-

tory, or quantity of aircraft assigned to support such

capacity, including rotorcraft and fixed-wing aircraft.

(b) R

EPORT

EQUIRED

.—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 evalua-

tion 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 subse-

quent 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 avia-

tion units and organizations to efficiently and effectively exe-

cute, analyze, and evaluate testing and evaluation master plans

for all aviation-related programs and projects of the Department

of the Navy.

TEST

ESIGNATED

NIT

EFINED

.—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

Effective date.

Reports.

Plans.

Assessments.

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135 STAT. 1618 PUBLIC LAW 117–81—DEC. 27, 2021

aircraft until the date on which all of the following conditions

are met:

(1) The Secretary of the Navy has submitted to the congres-

sional 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;

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 congres-

sional 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 Com-

mand 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 AIR-

CRAFT PROGRAM PENDING SUBMISSION OF DOCUMENTA-

TION.

(a) D

OCUMENTATION

EQUIRED

.—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) L

IMITATION

.—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, develop-

ment, 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.

Certification.

Effective date.

Deadline.

Schedule

Certification.

Effective date.

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135 STAT. 1619 PUBLIC LAW 117–81—DEC. 27, 2021

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) I

ENERAL

.—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) E

LEMENTS

.—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) I

ENERAL

.—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) E

LEMENTS

.—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.

Analysis.

Assessments.

Consultation.

Schedule.

Deadline.

Consultation.

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135 STAT. 1620 PUBLIC LAW 117–81—DEC. 27, 2021

(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

to retrofit all F–35B aircraft and all F–35C aircraft with

such propulsion systems.

DVANCED

ROPULSION

YSTEM

EFINED

.—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 Pro-

gram 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) A

SSESSMENT

EQUIRED

.—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 activi-

ties with respect to the capabilities of the Space Force specific

to space access and space operations.

(b) R

EPORT

.—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 capabili-

ties of the Air Force Research Laboratory as described sub-

section (a), including any challenges relating to test activities

and infrastructure;

(2) any changes to the organizational structure of the Lab-

oratory that may be needed to enable the laboratory to ade-

quately 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 infra-

structure of the Laboratory; and

(4) the plans of the Secretary to address the issues identi-

fied under paragraphs (1) through (3).

SEC. 245. STUDY ON EFFICIENT USE OF DEPARTMENT OF DEFENSE

TEST AND EVALUATION ORGANIZATIONS, FACILITIES, AND

LABORATORIES.

(a) S

TUDY

EQUIRED

.—

(1) I

N 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 organiza-

tions, facilities, and laboratories of the Department of Defense.

(2) P

ARTICIPATION

.—Participants in the study conducted

under paragraph (1) shall include the following:

Deadline.

Plans.

Deadline.

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135 STAT. 1621 PUBLIC LAW 117–81—DEC. 27, 2021

(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 Chair-

man for purposes of the study; and

(ii) considers to have significant technical, policy,

or military expertise relevant to defense test and

evaluation missions.

(3) E

LEMENTS

.—The study conducted under paragraph (1)

shall include the following:

(A) Assessment of the effectiveness of current develop-

mental 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.

best practices for conducting developmental testing, oper-

ational testing, and integrated testing within the Depart-

ment 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 sec-

tion 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 administra-

tive actions to improve test and evaluation oversight and

capabilities, and facilitate better test and evaluation out-

comes.

(H) Such other matters as the Secretary considers

appropriate.

(4) A

CCESS 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 anal-

ysis as required under this subsection.

Analysis.

Recommenda-

tions.

Assessments.

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135 STAT. 1622 PUBLIC LAW 117–81—DEC. 27, 2021

(5) R

EPORT

.—

(A) R

EPORT 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 para-

graph (1), or December 1, 2022, whichever occurs earlier,

the Board shall transmit to the Secretary a final report

on the study.

(B) S

UBMITTAL 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) B

RIEFING

EQUIRED

.—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) R

EPORT

EQUIRED

.—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) E

LEMENTS

.—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 tech-

nologies, as appropriate, for such systems;

(5) plans for ensuring the safety and security of such sys-

tems 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).

ORM

.—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 INTEL-

LIGENCE REGARDING THE DEPARTMENT OF DEFENSE.

(a) R

EPORTS

EQUIRED

.—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—

Determinations.

Analyses.

Time periods.

List.

Plans.

Requirements.

Timelines.

List.

Deadline.

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135 STAT. 1623 PUBLIC LAW 117–81—DEC. 27, 2021

(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 deter-

mines 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 deter-

mines the Department is already implementing through a sepa-

rate line of effort, the analysis and justification of the Secretary

in making that determination.

(b) B

RIEFINGS

EQUIRED

.—Not less frequently than once each

year during the two-year period beginning on the date of the enact-

ment 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 imple-

menting 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 Depart-

ment that are being carried out to advance the recommenda-

tions 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 De-

fense 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 in-

clude 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 instal-

lations.

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.

Timeline.

Plan.

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135 STAT. 1624 PUBLIC LAW 117–81—DEC. 27, 2021

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 pre-

vention and mitigation of spills of aqueous film-forming foam.

Sec. 347. Comptroller General study on Department of Defense procurement of cer-

tain items containing certain PFAS substances.

Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl sub-

stances 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 mainte-

nance and repair operations.

Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Opti-

mization 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 readi-

ness 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 op-

erations 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 proce-

dures.

Sec. 379. Management of fatigue among crew of naval surface ships and related im-

provements.

Sec. 380. Authority for activities to improve next generation radar systems capa-

bilities.

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.

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135 STAT. 1625 PUBLIC LAW 117–81—DEC. 27, 2021

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 RESIL-

IENCE IN THE NATIONAL DEFENSE STRATEGY AND ASSO-

CIATED DOCUMENTS.

(a) N

ATIONAL

EFENSE

TRATEGY AND

EFENSE

LANNING

UIDANCE

.—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) N

ATIONAL

EFENSE

USTAINMENT AND

OGISTICS

EVIEW

.—

(1) I

N 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

118a.

(2) C

LERICAL AND CONFORMING AMENDMENTS

.—

(A) C

LERICAL 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) C

ONFORMING AMENDMENT

.—Section 314(c) of the

William M. (Mac) Thornberry National Defense Authoriza-

tion Act for Fiscal Year 2021 (Public Law 116–283) is

amended by striking ‘‘section 118a’’ and inserting ‘‘section

118b’’.

10 USC 118b

note.

10 USC 111 prec.

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135 STAT. 1626 PUBLIC LAW 117–81—DEC. 27, 2021

HAIRMAN

’

ISK

SSESSMENT

.—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) S

TRATEGIC

ECISIONS

ELATING TO

ILITARY

NSTALLA

TIONS

.—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) N

ATIONAL

EFENSE

TRATEGY AND

ATIONAL

ILITARY

TRATEGY

.—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) N

ATIONAL

ECURITY

LANNING

OCUMENTS

.—The Secretary

of Defense and the Chairman of the Joint Chiefs of Staff shall

consider the security implications associated with military installa-

tion resilience in developing the Defense Planning Guidance under

section 113(g)(2) of title 10, United States Code, the Risk Assess-

ment 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) C

AMPAIGN

LANS OF

OMBATANT

OMMANDS

.—The Sec-

retary of Defense shall ensure that the national security implica-

tions associated with military installation resilience are integrated

into the campaign plans of the combatant commands.

(h) R

EPORT ON

ECURITY

MPLICATIONS

SSOCIATED

ITH

ILI

TARY

NSTALLATION

ESILIENCE

.—

(1) R

EPORT

.—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) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form, but may include a classified

annex.

(i) M

ODIFICATION TO

NNUAL

EPORT

ELATED TO

NSTALLA

TIONS

NERGY

ANAGEMENT

, E

NERGY

ESILIENCE

AND

ISSION

SSURANCE AND

EADINESS

.—

(1) M

ODIFICATION

.—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

Cost estimate.

Coordination.

Determination.

10 USC 2864

note.

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135 STAT. 1627 PUBLIC LAW 117–81—DEC. 27, 2021

report, including loss of or damage to military networks, sys-

tems, installations, facilities, and other assets and capabilities

of the Department.

‘‘(9) An assessment of vulnerabilities to military installation

resilience.’’.

(2) U

SE 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) D

EFINITIONS

.—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) E

NERGY

FFICIENCY

ARGETS FOR

ATA

ENTERS

.—

(1) I

N GENERAL

.—Subchapter I of chapter 173 of title 10,

United States Code, is amended by adding at the end the

following new section:

‘‘§ 2921. Energy efficiency targets for data centers

‘‘(a) C

OVERED

ATA

ENTERS

.—(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 prac-

tices, 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 devel-

oped 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.

Definition.

10 USC 2921.

10 USC 2864

note.

10 USC 2925

note.

Assessment.

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135 STAT. 1628 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(b) N

ATA

ENTERS

.—(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) C

LERICAL 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) I

NVENTORY OF

ATA

ACILITIES

.—

(1) I

NVENTORY 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 fol-

lowing dates:

(i) The date on which the data center was estab-

lished.

(ii) The date of the most recent capital investment

in new power, cooling, or compute infrastructure at

the data center.

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.

EPORT

.—Not later than 180 days after the completion

of the inventory required under subsection (b), the Secretary of

Assessment.

List.

Survey.

Deadline.

10 USC 2911

prec.

Notice.

Determination.

Waiver authority.

Determination.

Standards.

Requirement.

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135 STAT. 1629 PUBLIC LAW 117–81—DEC. 27, 2021

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 tar-

gets.

(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 bar-

riers to meeting such targets identified pursuant to section

2921(a)(E) of title 10, United States Code, as added by sub-

section (a).

(d) D

ATA

ENTER

EFINED

.—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, restora-

tion, 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 sub-

section (b) and subsection (d)’’.

SEC. 314. MAINTENANCE OF CURRENT ANALYTICAL TOOLS IN EVALU-

ATING ENERGY RESILIENCE MEASURES.

(a) I

ENERAL

.—Section 2911 of title 10, United States Code,

is amended by adding at the end the following new subsection:

‘‘(i) A

SSESSMENT OF

IFE

CYCLE

OSTS AND

ERFORMANCE OF

OTENTIAL

NERGY

ESILIENCE

ROJECTS

.—(1) Subject to the avail-

ability 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 perform-

ance 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 ana-

lyzed;

‘‘(ii) be used without specialized training; and

Analysis.

Assessment.

Cost estimate.

Timeline.

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135 STAT. 1630 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(iii) produce resulting data that is understandable

and usable by the typical source selection official;

‘‘(B) consistent with standards and analytical tools com-

monly applied by the Department of Energy and by commercial

industry;

‘‘(C) adaptable to accommodate a rapidly changing techno-

logical 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 fre-

quently than once every three years.’’.

(b) R

EPORTING

EQUIREMENT

.—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) T

RANSFER OF

MOUNTS

.—(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 Depart-

ment 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) E

XEMPTION AUTHORITY FOR CERTAIN LOCATIONS

.—

‘‘(A) I

N GENERAL

.—The Secretary may exempt a loca-

tion from the prohibition under paragraph (1) if the Sec-

retary determines it is in the paramount interest of the

United States to do so.

‘‘(B) N

ONDELEGATION

.—The Secretary may not delegate

the authority under subparagraph (A).

‘‘(4) R

EPORTING REQUIREMENT FOR LOCATION EXEMPTIONS

.—

‘‘(A) I

N 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

Determination.

Reports.

Time period.

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135 STAT. 1631 PUBLIC LAW 117–81—DEC. 27, 2021

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) F

ORM

.—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 PART-

NERSHIP PROGRAM TO INCLUDE RESILIENCE.

(a) I

ENERAL

.—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 conserva-

tion,’’; 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 sub-

section (e):

‘‘(e) P

ARTICIPATION BY

THER

GENCIES

.—Other Federal agen-

cies 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 Part-

nership.’’; and

(6) in subsection (f), as redesignated by paragraph (4),

by adding at the end the following new paragraph:

‘‘(4) R

ESILIENCE

.—The term ‘resilience’ means the capa-

bility 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) I

NCLUSION OF

ROGRAM

NFORMATION IN

ERTAIN

NNUAL

EPORTS

.—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:

Definition.

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135 STAT. 1632 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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).’’.

ONSERVATION AND

ULTURAL

CTIVITIES

.—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 eco-

system—

‘‘(I) that encompasses’’;

(bb) by redesignating clause (ii) as sub-

clause (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 land-

scape.’’; and

(2) by adding at the end the following new subsection:

‘‘(e) S

ENTINEL

ANDSCAPE

EFINED

.—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) S

ENSE OF

ONGRESS

.—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 con-

cerns 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 fre-

quently based on the corrosion rate of the piping and overall

condition of the pipeline system and support equipment at

the facility.

(b) I

NSPECTION

EQUIREMENT

.—

(1) I

NSPECTION REQUIRED

.—The Secretary of the Navy shall

direct the Naval Facilities Engineering Command to conduct

an inspection of the pipeline system, supporting infrastructure,

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135 STAT. 1633 PUBLIC LAW 117–81—DEC. 27, 2021

and appurtenances, including valves and any other corrosion

prone equipment, at the Red Hill Bulk Fuel Storage Facility.

(2) I

NSPECTION 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 inspec-

tion 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) E

XCEPTION

.—The inspection required by this subsection

excludes the fuel tanks at the Red Hill Bulk Fuel Storage

Facility.

IFE

CYCLE

USTAINMENT

LAN

.—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) C

ONSIDERATION OF

LTERNATIVES TO

ILL

ULK

UEL

TORAGE

ACILITY

.—The Secretary of Defense shall conduct an

assessment of possible alternatives to the Red Hill Bulk Fuel Stor-

age 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) R

EPORTING

EQUIREMENT

.—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 con-

taining—

(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) R

EQUIREMENT

.—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) S

TUDY ON

EQUIREMENT

.—

(1) S

TUDY

.—Not later than 60 days after the date of the

enactment of this Act, the Secretary shall seek to enter into

Contracts.

Assessments.

10 USC 2911

note.

Deadlines.

Plan.

Assessment.

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135 STAT. 1634 PUBLIC LAW 117–81—DEC. 27, 2021

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 sub-

ject to such requirement with respect to grid or other

utility disruptions.

(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) D

EADLINE

.—The study under paragraph (1) shall be

completed by not later than February 1, 2023.

(3) B

RIEFING

.—Upon completion of the study under para-

graph (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.

TATUS

EPORT AND

RIEFINGS ON

ROGRESS

OWARD

EETING

URRENT

OAL

EGARDING

SE OF

ENEWABLE

NERGY

EET

ACILITY

NERGY

EEDS

.—

(1) R

EPORT

.—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) B

RIEFINGS

.—During fiscal year 2022 and each suc-

ceeding 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) M

AJOR

ILITARY

NSTALLATION

EFINED

.—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) D

EMONSTRATION

ROGRAM

EQUIRED

.—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) P

ARTNERSHIP

.—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.

LEMENTS

.—The demonstration program required by sub-

section (a) shall address the following:

Deadline.

10 USC 4811

note.

10 USC 2911

note.

Time period.

Determination.

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135 STAT. 1635 PUBLIC LAW 117–81—DEC. 27, 2021

(1) The efficacy of separating rare earth elements and

critical minerals from acid mine drainage.

(2) The feasibility of bringing such technology to commer-

cialized scale.

(3) Domestic locations that are appropriate for the deploy-

ment 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) D

URATION

.—The demonstration program required by sub-

section (a) shall be carried out during the one-year period beginning

on the date of the commencement of the demonstration program.

(e) B

RIEFING

.—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 sub-

section (c).

SEC. 321. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT

PROGRAM.

(a) E

STABLISHMENT OF

NITIATIVE

.—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) S

ELECTION OF

ROJECTS

.—To the maximum extent prac-

ticable, 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.

OINT

ROGRAM

.—

(1) E

STABLISHMENT

.—As part of the demonstration initia-

tive under subsection (a), the Secretary of Defense, in consulta-

tion 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 stor-

age technologies become commercially viable.

(2) M

EMORANDUM 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) I

NFRASTRUCTURE

.—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

Deadline.

Consultation.

Deadline.

10 USC 2911

note.

Deadline.

Time period.

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135 STAT. 1636 PUBLIC LAW 117–81—DEC. 27, 2021

(B) develop new infrastructure for identified projects,

if appropriate.

(4) G

OALS 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) S

ELECTION OF PROJECTS

.—

(A) I

N 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 condi-

tions 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) P

RIORITY

.—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 EMIS-

SIONS AT CERTAIN MILITARY INSTALLATIONS.

(a) I

ENERAL

.—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) G

OALS

.—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.

OCATIONS

.—If the Secretary conducts the Installations

Emissions Tracking Program, the Secretary shall select, for pur-

poses 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) P

LAN

EQUIRED

.—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) B

RIEFINGS

.—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).

Deadline.

10 USC 2911

note.

Evaluations.

10 USC 2911

note.

Public

information.

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135 STAT. 1637 PUBLIC LAW 117–81—DEC. 27, 2021

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) C

LIMATE

ESILIENCE

NFRASTRUCTURE

NITIATIVE

.—Chapter

136 of title 10, United States Code, is amended by adding at

the end the following new section:

‘‘§ 2285. Department of Defense Climate Resilience Infra-

structure Initiative

‘‘(a) D

ESIGNATION

.—The programs, practices, and activities car-

ried out pursuant to this section shall be known collectively as

the ‘Climate Resilience Infrastructure Initiative of the Department

of Defense’.

‘‘(b) H

ARDENING AND

UICK

ECOVERY

.—In carrying out mili-

tary 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 infra-

structure of Department facilities is hardened, developed, and con-

structed for quick recovery from natural disasters and the impacts

of extreme weather.

‘‘(d) S

USTAINMENT AND

ODERNIZATION

.—The Secretary shall

develop sustainment and modernization requirements for facilities

of the Department in connection with climate resilience.

‘‘(e) C

OLLABORATION IN

LANNING

ITH

OCAL

OMMUNITIES

.—

The Secretary shall develop, within existing frameworks for collabo-

rative 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) T

ESTING AND

RAINING

ANGE

ANDS

.—

‘‘(1) P

RACTICES 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 resil-

ience of such lands to the current and projected impacts of

extreme weather to ensure the ongoing availability of such

Requirements.

10 USC 2285.

10 USC 113 note.

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135 STAT. 1638 PUBLIC LAW 117–81—DEC. 27, 2021

lands to military personnel, weapon systems, and equipment

for testing and training purposes.

‘‘(2) T

RAINING 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) I

NVESTMENT 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) U

SE OF

ERTAIN

ECHNOLOGIES

.—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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by adding at the end the following

new item:

‘‘2285. Department of Defense Climate Resilience Infrastructure Initiative.’’.

EFINITIONS

.—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 unantici-

pated 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 condi-

tions, 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 disrup-

tions)’’ after ‘‘industrial base’’.

SEC. 334. CLIMATE RESILIENCE IN PLANNING, ENGAGEMENT STRATE-

GIES, INFRASTRUCTURE, AND FORCE DEVELOPMENT OF

DEPARTMENT OF DEFENSE.

(a) C

LIMATE

HALLENGES AND

LIMATE

ESILIENCE IN

ROCESSES OF

EPARTMENT OF

EFENSE

.—The Secretary of Defense

10 USC 113 note.

10 USC 2281

prec.

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135 STAT. 1639 PUBLIC LAW 117–81—DEC. 27, 2021

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) C

LIMATE

ESILIENCE

ISSION

MPACT

SSESSMENT

.—

(1) I

N GENERAL

.—The Secretary shall conduct a mission

impact assessment on climate resilience for the Department.

(2) E

LEMENTS

.—The assessment conducted under para-

graph (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 combat-

ant 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 sta-

bility;

(iv) an assessment of risks to home station stra-

tegic and operational support area readiness, including

the strategic highway network, the strategic rail net-

work, 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.

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.

EPORTS

.—

(1) I

N 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,

Time period.

Review.

Standards.

Data.

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135 STAT. 1640 PUBLIC LAW 117–81—DEC. 27, 2021

measures to address such impacts, and progress in imple-

menting new technologies and platforms, training and edu-

cation methods, and data collection and dissemination for each

military department to meet the respective mission require-

ments of the department.

(2) R

ESEARCH

DEVELOPMENT

AND DEPLOYMENT NEEDS

.—

Each report required by paragraph (1) shall identify research,

development, and deployment needs for each combatant com-

mand and functional command.

SEC. 335. ASSESSMENT OF CLIMATE RISKS TO INFRASTRUCTURE OF

DEPARTMENT OF DEFENSE.

(a) I

ENERAL

.—The Secretary of Defense shall direct the

Secretary of each military department to—

(1) assess the vulnerability of installations and other facili-

ties under the jurisdiction of such Secretary, and of State-

owned National Guard installations, to the current and pro-

jected 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 oper-

ation of such installations and facilities in response to any

such vulnerabilities and ensure the military installation resil-

ience 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) F

ACILITY

SSESSMENT

.—In carrying out subsection (a), the

Secretary of each military department shall determine the needs

of the military installations and other facilities under the jurisdic-

tion of such Secretary, and of State-owned National Guard installa-

tions, 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 readi-

ness and operational capability.

ONSIDERATIONS

.—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 tech-

nologies, are considered.

Subtitle D—Treatment of Perfluoroalkyl

Substances and Polyfluoroalkyl Sub-

stances

SEC. 341. TREATMENT BY DEPARTMENT OF DEFENSE OF

PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL

SUBSTANCES.

(a) I

ENERAL

.—Chapter 160 of title 10, United States Code,

is amended by adding at the end the following new sections:

Determination.

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135 STAT. 1641 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘§ 2714. Perfluoroalkyl substances and polyfluoroalkyl sub-

stances task force

‘‘(a) I

ENERAL

.—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) M

EMBERSHIP

.—The members of the PFAS Task Force are

the following:

‘‘(1) The Assistant Secretary of Defense for Energy, Installa-

tions, 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 Installa-

tions, Environment, and Energy.

‘‘(5) The Assistant Secretary of Defense for Health Affairs.

‘‘(c) C

HAIRMAN

.—The Assistant Secretary of Defense for Energy,

Installations, and Environment shall be the chairman of the PFAS

Task Force.

‘‘(d) S

UPPORT

.—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) D

UTIES

.—The duties of the PFAS Task Force are the fol-

lowing:

‘‘(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 effec-

tive 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 Depart-

ment.

‘‘(f) R

EPORT

.—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) D

EFINITIONS

.—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.

Time period.

Assessment.

Coordination.

Establishment.

10 USC 2714.

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135 STAT. 1642 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘§ 2715. Testing for perfluoroalkyl substances and

polyfluoroalkyl substances at military installations

and facilities of the National Guard

‘‘(a) I

ENERAL

.—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 prelimi-

nary assessment and site inspection testing for perfluoroalkyl sub-

stances 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) D

ETERMINATION OF

ONTAMINATION

.—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 installa-

tion or facility.

‘‘(c) A

DDITIONAL

ESPONSE

CTIONS

.—Testing conducted under

subsection (a) shall provide at least a preliminary basis for deter-

mining whether additional environmental response actions are nec-

essary to address contamination from a perfluoroalkyl substance

or polyfluoroalkyl substance.

‘‘(d) T

YPE OF

ESTING

.—When testing for perfluoroalkyl sub-

stances 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) D

EFINITIONS

.—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) C

LERICAL

MENDMENT

.—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 mili-

tary installations and facilities of the National Guard.’’.

EPORTS ON

TATUS OF

ESTING

.—

(1) S

UBMISSION

.—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) M

ATTERS

.—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;

Time period.

10 USC 2700

prec.

Deadline.

Assessment.

Effective date.

10 USC 2715.

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135 STAT. 1643 PUBLIC LAW 117–81—DEC. 27, 2021

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) T

IMING

.—Each report under paragraph (1) shall be sub-

mitted not later than January 1 of the fiscal year immediately

following the fiscal year covered by the report.

(4) L

IMITATION ON DELEGATION

.—The Secretary may dele-

gate the responsibility for preparing the reports required by

paragraph (1) only to the Deputy Secretary of Defense.

(5) D

EFINITIONS

.—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 CONTAMINA-

TION IN DRINKING WATER BY AGENCY FOR TOXIC SUB-

STANCES 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 Authoriza-

tion 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 DEPART-

MENT OF DEFENSE OF PERFLUOROALKYL SUBSTANCES,

POLYFLUOROALKYL SUBSTANCES, AND AQUEOUS FILM

FORMING FOAM.

(a) T

EMPORARY

ORATORIUM

.—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 imple-

menting—

(A) the interim guidance on the destruction and dis-

posal 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 Environ-

mental Protection Agency publishes in the Federal Register

Federal Register,

publication.

Time period.

10 USC 2701

note.

134 Stat. 3533.

Timelines.

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135 STAT. 1644 PUBLIC LAW 117–81—DEC. 27, 2021

a final rule regarding the destruction and disposal of such

materials pursuant to such section.

(b) R

EQUIRED

DOPTION OF

INAL

ULE

.—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).

EPORT

.—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 mate-

rials 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) S

COPE

.—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) D

EFINITIONS

.—In this section:

(1) The term ‘‘AFFF’’ means aqueous film forming foam.

(2) The term ‘‘covered material’’ means any AFFF formula-

tion 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

or operated by the Department of Defense.

(3) The term ‘‘PFAS’’ means per- or polyfluoroalkyl sub-

stances.

SEC. 344. REVIEW AND GUIDANCE RELATING TO PREVENTION AND

MITIGATION OF SPILLS OF AQUEOUS FILM-FORMING

FOAM.

(a) R

EVIEW

EQUIRED

.—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 fol-

lowing:

(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.

Guidelines.

Assessments.

Deadline.

10 USC 2701

note.

Applicability.

Recommenda-

tions.

Time period.

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135 STAT. 1645 PUBLIC LAW 117–81—DEC. 27, 2021

(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) G

UIDANCE

.—Not later than 90 days after the date on which

the Secretary completes the review under subsection (a), the Sec-

retary 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 mainte-

nance activities for the Department in the vicinity of such

drains or basins.

(3) The storage of materials for the cleanup and contain-

ment of AFFF in close proximity to fire suppression systems

in buildings of the Department and the presence of such mate-

rials during any transfer or activity specified in paragraph

(1).

RIEFING

.—Not later than 30 days after the date on which

the Secretary issues the guidance under subsection (b), the Sec-

retary 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) P

UBLIC

ISCLOSURE OF

ESULTS

.—

(1) I

N 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 (com-

monly 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 Depart-

ment of Defense.

(2) C

ONSENT 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) P

UBLIC

ISCLOSURE OF

LANNED

ESTING OF

ATER

.—

Not later than 180 days after the date of the enactment of the

Act, and every 90 days thereafter, the Secretary of Defense shall

Deadline.

Time period.

Timeline.

Deadline.

10 USC 2715

note.

Deadline.

Summary.

Deadline.

Recommenda-

tions.

Compliance.

Requirements.

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135 STAT. 1646 PUBLIC LAW 117–81—DEC. 27, 2021

publicly disclose the anticipated timeline for, and general location

of, any planned testing for perfluoroalkyl or polyfluoroalkyl sub-

stances 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.

ATURE OF

ISCLOSURE

.—The Secretary of Defense may

satisfy the disclosure requirements under subsections (a) and (b)

by publishing the results and information referred to in such sub-

sections—

(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) L

OCAL

OTIFICATION

.—Prior to conducting any testing of

water for perfluoroalkyl or polyfluoroalkyl substances, including

any testing which has not been planned or publicly disclosed pursu-

ant 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) M

ETHODS FOR

ESTING

.—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 Environ-

mental Protection Agency.

(f) D

EFINITIONS

.—In this section:

(1) The term ‘‘covered area’’ means an area in the United

States that is located immediately adjacent to and down gra-

dient 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)).

Federal Register,

publication.

Web postings.

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135 STAT. 1647 PUBLIC LAW 117–81—DEC. 27, 2021

(6) The term ‘‘restoration advisory board’’ means a restora-

tion 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) R

EVIEW

EQUIRED

.—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 enti-

ties) that involve fire suppression activities in support of missions

of the Department.

(b) M

ATTERS

.—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 con-

ducting 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-Depart-

ment 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.

UIDANCE

.—Not later than 90 days after the date on which

the Secretary completes the review under subsection (a), the Sec-

retary 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 mainte-

nance activities pursuant to such an agreement in the vicinity

of such drains or basins.

(3) The storage of materials for the cleanup and contain-

ment of AFFF in close proximity to fire suppression systems

in buildings of the Department and the presence of such mate-

rials during any transfer or activity specified in paragraph

(1).

(d) B

RIEFING

.—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

Deadline.

Summary.

Deadline.

Requirements.

Recommenda-

tions.

Compliance.

Requirements.

Guidelines.

Assessment.

Deadline.

10 USC 2679

note.

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135 STAT. 1648 PUBLIC LAW 117–81—DEC. 27, 2021

that summarizes the results of the review conducted under sub-

section (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) S

TUDY

.—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) E

LEMENTS

.—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 Depart-

ment procures, including whether there are certain categories

of items that are more readily identified than others as con-

taining such substances.

(3) The extent to which the Department has examined

the feasibility of prohibiting the procurement of items con-

taining covered PFAS substances.

(4) Such other topics as may be determined necessary by

the Comptroller General.

TEMS

.—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) B

RIEFING AND

EPORT

.—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 Representa-

tives 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) C

OVERED

PFAS S

UBSTANCE

EFINED

.—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) I

ENERAL

.—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

Cost estimates.

Effective date.

Deadline.

Examination.

Assessments.

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135 STAT. 1649 PUBLIC LAW 117–81—DEC. 27, 2021

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) D

EFINITIONS

.—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 SUB-

STANCES AND POLYFLUOROALKYL SUBSTANCES AT CER-

TAIN MILITARY INSTALLATIONS.

(a) I

ENERAL

.—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 fol-

lowing 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.

State listing.

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135 STAT. 1650 PUBLIC LAW 117–81—DEC. 27, 2021

(32) Naval Research Laboratory Chesapeake Bay Detach-

ment, 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 Vir-

ginia.

(46) Naval Air Station Whidbey Island–Ault Field, Wash-

ington.

(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) D

EFINITIONS

.—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) C

LARIFICATION OF

PERATIONAL

NERGY

ESPONSIBIL

ITIES

.—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 ‘‘A

UTHORITIES

’’ and

inserting ‘‘R

ESPONSIBILITIES

’’;

(B) in the matter preceding paragraph (1), by striking

‘‘may’’ and inserting ‘‘shall’’;

‘‘(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) E

STABLISHMENT OF

ORKING

ROUP

.—Such section is fur-

ther amended—

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135 STAT. 1651 PUBLIC LAW 117–81—DEC. 27, 2021

(1) in subsection (c)—

(A) in the matter preceding paragraph (1), by inserting

‘‘ and in coordination with the working group under sub-

section (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 over-

see’’;

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 sub-

sections (e) through (g), respectively;

(3) by inserting after subsection (c), as amended by para-

graph (1), the following new subsection:

‘‘(d) W

ORKING

ROUP

.—(1) The Secretary of Defense shall estab-

lish 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 mem-

bers 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 combat-

ant 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 imple-

menting coordinated initiatives pursuant to the strategy under sub-

section (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 oper-

ational 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).

Appointments.

Establishment.

Coordination.

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135 STAT. 1652 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(C) Developing recommendations relating to the develop-

ment 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 depart-

ment’’ and inserting ‘‘Each member of the working

group under subsection (d)’’; and

(ii) by striking ‘‘conducted by the military depart-

ment’’ and inserting ‘‘conducted by the respective

component of the Department that the member rep-

resents for purposes of the working group’’; and

(B) in paragraph (2), by striking ‘‘military department’’

and inserting ‘‘armed force’’.

ODIFICATIONS TO

PERATIONAL

NERGY

TRATEGY

.—Sub-

section (e) of such section, as redesignated by subsection (b)(2),

is amended to read as follows:

‘‘(1) The Assistant Secretary of Defense for Energy, Installa-

tions, 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 logis-

tics 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 equip-

ment, 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.

Plan.

Assessments.

Updates.

Time period.

Plan.

Coordination.

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135 STAT. 1653 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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 Sec-

retary shall prescribe policies and procedures for the implementa-

tion 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) D

EFINITION

.—Such section is further amended by adding

at the end the following new subsection:

‘‘(h) C

ONTESTED

OGISTICS

NVIRONMENT

EFINED

.—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) C

ONFORMING

MENDMENT

.—Section 2926(c)(5) of title 10,

United States Code, is amended by striking ‘‘subsection (e)(4)’’ and

inserting ‘‘subsection (f)(4)’’.

(f) I

NTERIM

EPORT

.—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) B

RIEFING ON

SSISTANT

ECRETARY OF

EFENSE FOR

NERGY

, I

NSTALLATIONS

AND

NVIRONMENT

.—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 Assist-

ant Secretary of Defense for Energy, Installations, and Environ-

ment.

(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) R

ESPONSIBILITY OF

NITED

TATES

RANSPORTATION

MAND

.—

Plan.

Deadline.

Update.

Deadline.

Time period.

Procedures.

Recommenda-

tions.

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135 STAT. 1654 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N GENERAL

.—Subchapter III of chapter 173 of title

10, United States Code, is amended by adding at the end

the following new section:

‘‘§ 2927. Global bulk fuel management and delivery

‘‘(a) R

ESPONSIBLE

LEMENT

.—(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 begin-

ning on January 1, 2023, and ending on February 1, 2023.

‘‘(b) C

OORDINATION

ITH

EFENSE

OGISTICS

GENCY

.—In car-

rying out the responsibilities specified in subsection (a), the Com-

mander of the United States Transportation Command shall coordi-

nate with the Director of the Defense Logistics Agency.

‘‘(c) R

ULE OF

ONSTRUCTION

.—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) C

LERICAL 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) B

RIEFING

.—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 com-

pleted with respect to such transfer; and

(3) an identification of any legislative changes or additional

resources the Commander determines are necessary to imple-

ment such section 2927.

LOBAL

ULK

UEL

ANAGEMENT

TRATEGY

.—

(1) S

TRATEGY 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 opti-

mally support global bulk fuel management of the Department

of Defense.

(2) A

DDITIONAL ELEMENTS

.—The strategy under paragraph

(1) shall include the following additional elements:

(A) A description of the current organizational respon-

sibility for bulk fuel management of the Department, orga-

nized by geographic combatant command, including with

respect to ordering, storage, and strategic and tactical

transportation.

Deadline.

Determination.

Deadline.

Reviews.

10 USC 2924

prec.

Time period.

Effective date.

10 USC 2927.

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135 STAT. 1655 PUBLIC LAW 117–81—DEC. 27, 2021

(B) A description of any legacy bulk fuel management

assets of each of the geographic combatant commands.

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 distribu-

tion systems, and an assessment, based on such current

and projected threats, of attrition to bulk fuel infrastruc-

ture, including storage and distribution systems, in a con-

flict 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 combat-

ant command, and a prioritized list of investment rec-

ommendations to address each shortfall identified.

(3) C

OORDINATION

.—In preparing the strategy under para-

graph (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) F

ORM

.—The strategy under paragraph (1) may be sub-

mitted in classified form, but if so submitted shall include

an unclassified executive summary.

(d) C

ONFORMING

MENDMENTS

.—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 ele-

ment 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), respec-

tively.

SEC. 353. TEST AND EVALUATION OF POTENTIAL BIOBASED SOLUTION

FOR CORROSION CONTROL AND MITIGATION.

(a) T

EST AND

VALUATION

.—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

Deadline.

10 USC 2922

note.

List.

Recommenda-

tions.

Assessment.

Assessments.

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135 STAT. 1656 PUBLIC LAW 117–81—DEC. 27, 2021

use as an alternative to current solutions of the Department of

Defense for the control and mitigation of corrosion.

(b) D

ETERMINATION

.—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.

ECOMMENDATIONS

.—The Director shall develop rec-

ommendations for the Department of Defense-wide deployment of

covered biobased solutions that the Director has determined meet

the requirements under subsection (b).

(d) C

OVERED

IOBASED

OLUTION

EFINED

.—In this section,

the term ‘‘covered biobased solution’’ means a solution for the control

and mitigation of corrosion that is domestically produced, commer-

cial, and biobased.

SEC. 354. PILOT PROGRAM ON DIGITAL OPTIMIZATION OF ORGANIC

INDUSTRIAL BASE MAINTENANCE AND REPAIR OPER-

ATIONS.

(a) I

ENERAL

.—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) E

LEMENTS OF

ILOT

ROGRAM

.—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.

EPORT

.—Not later than 60 days after the completion of

the digital twin model and associated analysis, the Assistant Sec-

retary 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 cap-

ital equipment investments necessary to achieve such effi-

ciencies;

(4) any plans to undertake such investments; and

Plans.

Summary.

Assessment.

Analysis.

Deadline.

Coordination.

10 USC 2476

note.

Determination.

Requirements.

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135 STAT. 1657 PUBLIC LAW 117–81—DEC. 27, 2021

(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) D

EFINITIONS

.—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.

(D) Norfolk Naval Shipyard, Virginia.

(2) The terms ‘‘military departments’’ and ‘‘Secretary con-

cerned’’ 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) U

PDATED

LAN

.—

(1) I

N 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) U

PDATED COST ESTIMATES

.—The updated plan required

under paragraph (1) shall include updated cost estimates com-

prising the most recent costs of capital improvement projects

for each of the four public shipyards covered by the Shipyard

Infrastructure Optimization Program.

(b) B

RIEFING

EQUIREMENT

.—

(1) I

N 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 congres-

sional defense committees on such project, regardless of the

source of funding for such project.

(2) W

RITTEN 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 Gen-

eral of the United States in December 2015, or successor

guide.

and planned funds for such project will be sufficient for

the completion of the project.

Estimate.

Schedule.

Update.

Cost estimate.

Deadline.

10 USC 8013

note.

Assessment.

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135 STAT. 1658 PUBLIC LAW 117–81—DEC. 27, 2021

(3) C

OVERED 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.

NNUAL

EPORT

.—

(1) I

N GENERAL

.—Not later than December 31, 2022, and

not later than December 31 of each year thereafter, the Com-

mander 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 associ-

ated 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) E

LEMENTS

.—Each report required by paragraph (1)

shall include updated cost and schedule estimates—

(A) for the plan to implement the Shipyard Optimiza-

tion 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 pro-

gram.

(d) C

OMPTROLLER

ENERAL

EPORT

.—

(1) R

EPORT

.—

(A) I

N 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) E

LEMENTS

.—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 con-

sistent 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) I

NITIAL BRIEFING

.—Not later than April 1, 2023, the

Comptroller General shall brief the Committees on Armed Serv-

ices of the Senate and the House of Representatives on the

preliminary findings of the report under paragraph (1).

Deadline.

Assessments.

Estimates.

Updates.

Estimates.

Coordination.

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135 STAT. 1659 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 356. REPORT AND CERTIFICATION REQUIREMENTS REGARDING

SUSTAINMENT COSTS FOR FIGHTER AIRCRAFT PRO-

GRAMS.

(a) R

EPORT

.—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) L

IMITATION ON

ERTAIN

F–35 C

ONTRACTS

.—

(1) I

N 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 con-

tract 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) C

ERTIFICATION

.—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) A

PPLICABILITY

.—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 speci-

fied in paragraph (1).

OST

PER

TAIL

PER

YEAR

ALCULATION

.—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;

(D) sustaining support;

Determination.

Analysis.

Certification.

Determination.

Time period.

Assessment.

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135 STAT. 1660 PUBLIC LAW 117–81—DEC. 27, 2021

(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) A

NNUAL

EVIEWS AND

RIEFINGS

.—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) E

LEMENTS

.—Each review under subsection (a)(1) shall

include an assessment of the following:

(1) The status of the sustainment strategy of the Depart-

ment 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 afford-

ability of the F–35 aircraft program that the Comptroller Gen-

eral determines to be of critical importance to the long-term

viability of such program.

EPORTS

.—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 Gen-

eral shall submit to such committees a report on the matters

covered by the briefing.

Subtitle F—Reports

SEC. 361. INCLUSION OF INFORMATION REGARDING BORROWED MILI-

TARY 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 para-

graph:

‘‘(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—

Determination.

Assessments.

Deadlines.

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135 STAT. 1661 PUBLIC LAW 117–81—DEC. 27, 2021

(1) in paragraph (1)—

(A) by striking ‘‘submit to the’’ and inserting ‘‘provide

to the’’;

(B) by inserting ‘‘a briefing and submit to such commit-

tees’’ after ‘‘congressional defense committees’’; and

‘‘regarding’’;

(2) in paragraph (2)—

(A) by striking ‘‘in an unclassified form that is releas-

able to the public without further redaction.’’ and inserting

‘‘in—’’; and

(B) by adding at the end the following new subpara-

graphs:

‘‘(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) I

ENERAL

.—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 sen-

sitive 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,

Time periods.

10 USC 2722

note.

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135 STAT. 1662 PUBLIC LAW 117–81—DEC. 27, 2021

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 phos-

phorous).

(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 gre-

nades.

(26) Blasting caps.

(27) Supplementary charges.

(28) Bulk explosives.

(29) Detonating cord.

(30) Riot control agents.

(b) I

MMEDIATE

EPORTING OF

ONFIRMED

HEFTS

, L

OSSES

AND

ECOVERIES

.—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) S

TRATEGY

.—

(1) S

TRATEGY 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 depart-

ments, 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 oper-

ations forces.

(2) E

LEMENTS

.—The strategy under paragraph (1) shall

include the following:

(A) A baseline of foreign language proficiency require-

ments to be implemented within the special operations

forces, disaggregated by Armed Force and by critical lan-

guage.

(B) Annual recruitment targets for the number of can-

didates with demonstrated proficiency in a critical language

to be selected for participation in the initial assessment

and qualification programs of the special operations forces.

the Secretaries concerned and the Assistant Secretary to

meet such annual recruitment targets.

Requirements.

Deadline.

Coordination.

10 USC 501 note

prec.

Deadline.

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135 STAT. 1663 PUBLIC LAW 117–81—DEC. 27, 2021

(D) A description of any training programs used to

enhance or maintain foreign language proficiency within

the special operations forces, including any nongovern-

mental 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 mem-

bers 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) R

EPORTS

EQUIRED

.—Not later than December 31, 2022,

and annually thereafter until December 31, 2025, the Assistant

Secretary of Defense for Special Operations and Low-Intensity Con-

flict, in coordination with the Secretaries of the military depart-

ments, 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.

EFINITIONS

.—In this section:

(1) The term ‘‘critical language’’ means a language identi-

fied by the Director of the National Security Education Program

as critical to national security.

(2) The terms ‘‘military departments’’ and ‘‘Secretary con-

cerned’’ 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) S

TRATEGY TO

EST AND

NTEGRATE

IND

URBINE

NTER

FERENCE

ITIGATION

TRATEGIES

.—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 tech-

nologies into radars and the air surveillance command and control

architecture of the Department of Defense.

(b) M

ODIFICATION OF

LEARINGHOUSE

EQUIREMENTS

.—Section

183a(c) of title 10, United States Code, is amended—

(1) in paragraph (2), by adding at the end the following

new subparagraph:

Coordination.

Time period.

Coordination.

Plan.

Determination.

Plan.

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135 STAT. 1664 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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 pursu-

ant 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) I

ENERAL

.—Chapter 7 of title 10, United States Code,

is amended by inserting after section 183a the following new section:

‘‘§ 184. Joint Safety Council

‘‘(a) I

ENERAL

.—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) M

EMBERSHIP

; A

PPOINTMENT

; C

OMPENSATION

.—(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 pro-

grams 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) C

HAIRPERSON AND

ICE

HAIRPERSON

.—(1)(A) The Sec-

retary 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;

Time period.

10 USC 184.

Deadline.

Notice.

Assessment.

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135 STAT. 1665 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(iv) working with, and advising, the Secretaries of the

military departments through appointed safety chiefs to imple-

ment standardized safety guidance across the military depart-

ments;

‘‘(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 mili-

tary 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) R

ESPONSIBILITIES

.—The Council shall carry out the fol-

lowing responsibilities:

‘‘(1) Subject to subsection (e), issuing, publishing, and

updating regulations related to joint safety, including regula-

tions 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 depart-

ment 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 manage-

ment system.

‘‘(6) Establishing, in consultation with the heads of appro-

priate 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.

Coordination.

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135 STAT. 1666 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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) O

VERSIGHT

.—The decisions and recommendations of the

Council are subject to review and approval by the Deputy Secretary

of Defense.

‘‘(f) S

TAFF

.—(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) C

ONTRACT

UTHORITY

.—The Council may enter into con-

tracts 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) P

ROCUREMENT OF

EMPORARY AND

NTERMITTENT

ERV

ICES

.—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) D

ATA

OLLECTION

.—(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) M

EETINGS

.—The Council shall meet quarterly and at the

call of the Chairperson.

‘‘(k) R

EPORT

.—The Chair of the Council shall submit to the

congressional defense committees semi-annual reports on the activi-

ties of the Council.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by inserting after the item relating

to section 183a the following new item:

‘‘184. Joint Safety Council.’’.

EADLINES

.—

(1) E

STABLISHMENT

.—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) A

PPOINTMENT 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) D

IRECTORS 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.

10 USC 184 note.

10 USC 171 prec.

Time period.

Contracts.

Regulations.

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135 STAT. 1667 PUBLIC LAW 117–81—DEC. 27, 2021

(d) R

EPORT

.—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 Presi-

dent 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 deter-

mines are necessary to apply the findings of the National

Commission on Military Aviation Safety in such report to all

aspects of military safety.

(e) A

UTHORIZATION OF

PPROPRIATIONS

.—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 MILI-

TARY WORKING DOGS.

(a) P

ROHIBITION ON

HARGE FOR

RANSFER OF

ILITARY

MALS

.—Section 2583(d) of title 10, United States Code, is amended

by striking ‘‘may’’ and inserting ‘‘shall’’.

(b) I

NCLUSION OF

ILITARY

ORKING

OGS IN

ERTAIN

ESEARCH

.—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 CON-

TRACTS 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 enact-

ment of this Act’’ and inserting ‘‘November 25, 2025,’’.

SEC. 375. AUTHORITY TO MAINTAIN ACCESS TO CATEGORY 3 SUB-

TERRANEAN TRAINING FACILITY.

(a) I

ENERAL

.—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) A

UTHORITY TO

NTER

NTO

EASE

.—The Secretary of

Defense is authorized to enter into a short-term lease with a pro-

vider of a covered category 3 subterranean training facility for

purposes of carrying out subsection (a).

10 USC 2001

note prec.

Recommenda-

tions.

Determination.

Plan.

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135 STAT. 1668 PUBLIC LAW 117–81—DEC. 27, 2021

OVERED

ATEGORY

3 S

UBTERRANEAN

RAINING

ACILITY

EFINED

.—In this section, the term ‘‘covered category 3 subterra-

nean 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) P

ROPOSAL FOR

STABLISHMENT OF

OARD

.—The Deputy Sec-

retary 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 sur-

rounding 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 investiga-

tions 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 par-

ticular accident investigation for accuracy, thoroughness, and

objectivity;

(5) the requirements for and process by which the con-

vening component of an investigation reviewed by the Board

should address the findings of the Board’s review of that par-

ticular investigation;

(6) proposed procedures for safeguarding privileged and

sensitive data and safety information collected during the inves-

tigation 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 per-

formed by the Board, and the assessment of the Board

regarding cross-cutting themes and trends identified by those

reviews.

(b) R

EPORT

.—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 REC-

OMMENDATIONS ON PREVENTING TACTICAL VEHICLE

TRAINING ACCIDENTS.

(a) P

LAN

EQUIRED

.—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

Deadlines.

10 USC 2001

note prec.

Deadline.

Timeline.

Reports.

Assessment.

Procedures.

Requirements.

Recommenda-

tions.

Effective date.

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135 STAT. 1669 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘Army and Marine Corps Should Take Additional Actions to Miti-

gate 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) D

EADLINE FOR

MPLEMENTATION

.—

(1) I

N 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 imple-

ment the plan of the Secretary developed under subsection

(a).

(2) E

XCEPTION FOR IMPLEMENTATION OF CERTAIN REC

OMMENDATIONS

.—

(A) D

ELAYED 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 rec-

ommendation.

(B) N

ONIMPLEMENTATION

.—A Secretary concerned may

decide not to implement a recommendation in the report

referred to in subsection (a) if, on or before the date speci-

fied in paragraph (1), the Secretary provides to the congres-

sional 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.

ECRETARY

ONCERNED

.—In this section, the term ‘‘Sec-

retary 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 TAC-

TICS, TECHNIQUES, AND PROCEDURES.

(a) R

EVIEW

.—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 tac-

tics, techniques, and procedures across the joint force.

(b) R

EQUIREMENTS

.—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 estab-

lish, as applicable, standard tactics, techniques, and procedures,

including down to the operational level, pertaining to emissions

control discipline during all phases of operations.

EPORT

.—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

Updates.

Deadlines.

10 USC 113 note.

Definition.

Summary.

Schedule.

Summary.

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135 STAT. 1670 PUBLIC LAW 117–81—DEC. 27, 2021

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 coun-

tries 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 SUR-

FACE SHIPS AND RELATED IMPROVEMENTS.

(a) R

EQUIREMENT

.—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) R

EPORT

.—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 Gen-

eral 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 sub-

section (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).

OMPTROLLER

ENERAL

RIEFING

.—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 GENERA-

TION RADAR SYSTEMS CAPABILITIES.

(a) A

UTHORITY

.—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 rel-

evant to advancing technology and facilitating better under-

standing of radar systems in defense systems and operational

activities, including continuing education and training goals.

10 USC 4001

note.

Deadline.

Timeframes.

Assessment.

10 USC 8605

note.

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135 STAT. 1671 PUBLIC LAW 117–81—DEC. 27, 2021

(5) Increasing communications and personnel exchanges

with radar systems experts in industry to support adoption

of state-of-the-art technologies and operational practices, espe-

cially 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 partner-

ships between government, industry, and academia.

(b) I

NSTITUTION OF

IGHER

DUCATION

EFINED

.—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 EXPLO-

SIVES DETECTION CANINE HEALTH AND EXCELLENCE.

(a) P

ILOT

ROGRAM

.—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 domes-

tically-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 mili-

tary 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 procure-

ment of military working dogs to ensure that pricing structures

and procurement requirements for foreign and domestic canine

Evaluation.

Consultation.

Deadline.

10 USC 3062

note.

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135 STAT. 1672 PUBLIC LAW 117–81—DEC. 27, 2021

procurements accurately account for input cost differences

between foreign and domestic canines.

(b) T

ERMINATION

.—The authority to carry out the pilot program

under subsection (a) shall terminate on October 1, 2024.

EFINITIONS

.—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 dem-

onstrated 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) I

NVESTIGATION

NTO

AZING OF

ILITARY

IRCRAFT

.—

(1) I

NVESTIGATION 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) R

EPORT TO CONGRESS

.—Not later than March 31, 2022,

the Secretary shall submit to the congressional defense commit-

tees a report on the findings of the investigation conducted

pursuant to paragraph (1).

(b) I

NFORMATION

HARING

.—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.

ATA

OLLECTION AND

RACKING

.—The Secretary shall col-

lect such data as may be necessary to track the correlation between

noise complaints and incidents of military aircraft lazing.

(d) O

PERATING

ROCEDURES

.—The Secretary shall give consid-

eration to adapting local operating procedures in areas with high

incidence of military aircraft lazing incidents to reduce potential

injury to aircrew.

(e) E

ROTECTION

.—The Secretary shall examine the avail-

ability 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.

Determination.

Research and

development.

Memorandum.

Coordination.

Collaboration.

Time period.

10 USC 113 note.

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135 STAT. 1673 PUBLIC LAW 117–81—DEC. 27, 2021

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) I

ENERAL

.—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 sec-

tion 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 sec-

tion 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.

Determination.

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135 STAT. 1674 PUBLIC LAW 117–81—DEC. 27, 2021

(b) T

ERMINATION

.—The authority provided under subsection

(a) shall terminate on December 31, 2022.

Subtitle B—Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) I

ENERAL

.—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) E

TRENGTH

EDUCTIONS

.—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.

TRENGTH

NCREASES

.—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 SUP-

PORT 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) I

ENERAL

.—The minimum authorized number of military

technicians (dual status) as of the last day of fiscal year 2022

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135 STAT. 1675 PUBLIC LAW 117–81—DEC. 27, 2021

for the reserve components of the Army and the Air Force (notwith-

standing 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) L

IMITATION ON

UMBER OF

EMPORARY

ILITARY

ECHNI

CIANS

(

DUAL

TATUS

).—The number of temporary military techni-

cians (dual-status) employed under the authority of subsection (a)

may not exceed 25 percent of the total authorized number specified

in such subsection.

IMITATION

.—Under no circumstances may a military techni-

cian (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 PER-

FORMING 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) A

UTHORIZATION OF

PPROPRIATIONS

.—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 Depart-

ment of Defense for expenses, not otherwise provided for, for mili-

tary personnel, as specified in the funding table in section 4401.

(b) C

ONSTRUCTION OF

UTHORIZATION

.—The authorization of

appropriations in the subsection (a) supersedes any other authoriza-

tion of appropriations (definite or indefinite) for such purpose for

fiscal year 2022.

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135 STAT. 1676 PUBLIC LAW 117–81—DEC. 27, 2021

TITLE V—MILITARY PERSONNEL

POLICY

Subtitle A— Officer Personnel Policy

Sec. 501. Authority with respect to authorized strengths for general and flag offi-

cers 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 Mis-

sile Operations Officer (13N).

Subtitle B—Reserve Component Management

Sec. 511. Modification of grant program supporting science, technology, engineer-

ing, 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 do-

mestic 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 jurisdic-

tion 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 perform-

ance 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 ben-

efits for failure to register for Selective Service.

Sec. 529B. Study and report on administrative separation boards.

Subtitle D—Military Justice Reform

ART

1—S

PECIAL

RIAL

OUNSEL

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 coun-

sel.

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.

ART

2—S

EXUAL

ARASSMENT

; S

ENTENCING

EFORM

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

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135 STAT. 1677 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 539E. Sentencing reform.

ART

3—R

EPORTS AND

THER

ATTERS

Sec. 539F. Briefing and report on resourcing required for implementation.

Sec. 539G. Briefing on implementation of certain recommendations of the Inde-

pendent 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 Jus-

tice.

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 ac-

tion 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 infor-

mation, and assessing changes in law.

Sec. 548. Determination and reporting of members missing, absent unknown, ab-

sent 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 organiza-

tions.

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; re-

porting on racial and ethnic demographics in the military justice sys-

tem.

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 occu-

pational 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, bul-

lying 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 Mem-

ber of Congress.

Sec. 554. Authority of President to appoint successors to members of Board of Visi-

tors of military academies whose terms have expired.

Sec. 555. Meetings of the Board of Visitors of a military service academy: votes re-

quired 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 Tech-

nology.

Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Mont-

gomery GI Bill-Selected Reserve benefits.

Sec. 559A. Regulations on certain parental guardianship rights of cadets and mid-

shipmen.

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 re-

garding social reform and unhealthy behaviors.

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135 STAT. 1678 PUBLIC LAW 117–81—DEC. 27, 2021

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 mili-

tary 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 re-

sources.

Sec. 567. Study on employment of military spouses.

Sec. 568. Briefing on efforts of commanders of military installations to connect mili-

tary families with local entities that provide services to military fami-

lies.

Sec. 569. Briefing on process to certify reporting of eligible federally connected chil-

dren 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 His-

panic or Latino.

Sec. 573. Inclusion of military service academies, Officer Candidate and Training

Schools, and the Senior Reserve Officers’ Training Corps data in diver-

sity 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 Na-

tional 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) A

UTHORITY ON AND

EFORE

ECEMBER

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 sub-

section:

‘‘(k) T

RANSFER OF

UTHORIZATIONS

MONG THE

ILITARY

ERV

ICES

.—(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

President.

Appointments.

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135 STAT. 1679 PUBLIC LAW 117–81—DEC. 27, 2021

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), speci-

fying the armed force and billet so reduced.’’.

(b) A

UTHORITY

FTER

ECEMBER

31, 2022.—Section 526a of

title 10, United States Code, is amended by adding at the end

the following new subsection:

‘‘(i) T

RANSFER OF

UTHORIZATIONS

MONG THE

ILITARY

ERV

ICES

.—(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), speci-

fying the armed force and billet so reduced.’’.

Effective date.

Time period.

Notice.

President.

Appointments.

Effective date.

Time period.

Notice.

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135 STAT. 1680 PUBLIC LAW 117–81—DEC. 27, 2021

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 para-

graph:

‘‘(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) I

ENERAL

.—Notwithstanding section 616(d) of title 10,

United States Code, the number of officers recommended for pro-

motion by a selection board convened by the Secretary of the Air

Force under section 611(a) of title 10, United States Code, to con-

sider 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) T

ERMINATION

.—The authority provided under subsection

(a) shall terminate on December 31, 2022.

SEC. 504. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TOWARDS

RETIREMENT.

(a) C

REDIT

.—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 com-

puting—

(1) years of service; and

(2) retired or retainer pay.

(b) R

EPORT

EQUIRED

.—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).

EADLINE

.—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 SUR-

FACE WARFARE OFFICERS.

(a) I

ENERAL

.—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) E

LEMENTS

.—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;

Contracts.

Analysis.

Time period.

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135 STAT. 1681 PUBLIC LAW 117–81—DEC. 27, 2021

(B) ethnicity;

(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 para-

graphs (1), (2), and (3).

EPORTS

.—

(1) I

N 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) S

UBMISSION 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 con-

tained in such report.

SEC. 506. REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES

OF A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).

(a) I

ENERAL

.—The Secretary of the Air Force shall submit

to the congressional defense committees a report on personnel per-

forming 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) E

LEMENTS

.—Each report required by subsection (a) shall

include the following:

Recommenda-

tions.

Records.

Recommenda-

tions.

Study.

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135 STAT. 1682 PUBLIC LAW 117–81—DEC. 27, 2021

(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 per-

forming 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 inter-

continental ballistic missile operational group, to other career

fields in the Air Force.

(8) Such other matters as the Secretary considers appro-

priate 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 sub-

paragraphs (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) P

ROHIBITION

.—Chapter 3 of title 32, United States Code,

is amended by adding at the end the following new section:

‘‘§ 329. Prohibition on private funding for interstate deploy-

ment

‘‘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 Assist-

ance Act (42 U.S.C. 5170).’’.

32 USC 329.

Time period.

Plan.

Time period.

Assessment.

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135 STAT. 1683 PUBLIC LAW 117–81—DEC. 27, 2021

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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) A

CCESS

.—

(1) I

N 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) E

XCEPTION

.—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) T

OUR OF

UTY

YSTEM

EFINED

.—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 con-

tinue 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) A

UTHORITY

.—During fiscal year 2022, the Secretary of

Defense may provide assistance to a National Guard Youth Chal-

lenge 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) L

IMITATIONS

.—

(1) M

ATCHING

.—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.

Time period.

Termination

date.

Analysis.

Assessment.

Deadline.

32 USC 901 note.

Determination.

Deadline.

10 USC 7013

note.

32 USC 301 prec.

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135 STAT. 1684 PUBLIC LAW 117–81—DEC. 27, 2021

(2) T

OTAL ASSISTANCE

.—Total assistance under this section

to all States may not exceed $5,000,000 of the funds appro-

priated for the National Guard Youth Challenge Program for

fiscal year 2022.

EPORTING

.—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) I

ENERAL

.—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) C

ONTENTS

.—The report submitted under this section shall

include a description of—

(1) the assessment of the Secretary, informed by consulta-

tion 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

priate;

(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 recommenda-

tions 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

Review.

Assessment.

Recommenda-

tions.

Assessment.

Consultation.

Plans.

Recommenda-

tions.

Examination.

Consultation.

Coordination.

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135 STAT. 1685 PUBLIC LAW 117–81—DEC. 27, 2021

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.

EFINITIONS

.—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.

mental Affairs of the Senate.

(D) The Committee on Transportation and Infrastruc-

ture 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) S

TUDY

.—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 pursu-

ant 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;

tion trends in order to establish a baseline for force struc-

ture requirements;

(D) the availability of training ranges for Federal mis-

sions;

(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

Assessments.

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135 STAT. 1686 PUBLIC LAW 117–81—DEC. 27, 2021

of whether the number of members of the National Guard

is sufficient to reapportion force structure to meet the require-

ments of domestic responses and shifting populations.

(b) R

EPORT

.—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 sub-

section (a).

TATE

EFINED

.—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 pro-

gram, 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) I

ENERAL

.—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 depart-

ment:

(1) Assess the prescribed medical standards for appoint-

ment as an officer, or enlistment as a member, in such Armed

Force.

(2) Determine how to update the medical screening proc-

esses for appointment or enlistment.

Assessment.

Deadlines.

Determinations.

10 USC 501 note

prec.

Assessment.

Deadline.

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135 STAT. 1687 PUBLIC LAW 117–81—DEC. 27, 2021

(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

(8) Implement improvements determined under paragraphs

(1) through (7).

(b) B

RIEFING

.—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 NATURALIZA-

TION.

(a) U

PON

NLISTMENT

.—The Secretary of each military depart-

ment 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) U

PON

EPARATION

.—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 DETERMINA-

TIONS 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.

Deadline.

Timelines.

Procedures.

10 USC 1071

note.

Coordination.

10 USC 1142

note.

Regulations.

10 USC 503 note.

Recommenda-

tions.

Data review.

Time period.

Data review.

Time period.

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135 STAT. 1688 PUBLIC LAW 117–81—DEC. 27, 2021

(2) The appeals process shall include, at the request of

such member, an impartial hearing on a fitness for duty deter-

mination 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) E

VALUATIONS IN

ENERAL

.—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 leader-

ship in the following:

(1) Improving conditions of privatized housing under sub-

chapter 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) C

OVERED

NDIVIDUALS

.—The individuals described in this

subsection are as follows:

(1) The commander of an installation of a military depart-

ment 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 HIS-

TORY FOR MEMBERS OF THE ARMED FORCES WHO RESIDE

IN HOUSING PROVIDED BY THE UNITED STATES.

(a) S

TUDY

; R

EPORT

.—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) C

ONTENTS

.—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.

NLINE

CCESS

.—A record described in subsection (a) would

be accessible through a website, maintained by the Secretary of

Assessment.

Deadline.

Records.

Assessment.

10 USC 2871

note.

Hearings.

Determination.

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135 STAT. 1689 PUBLIC LAW 117–81—DEC. 27, 2021

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) I

SSUANCE

.—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) D

EFINITIONS

.—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.

ture 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) I

NCLUSION OF

ROCESSES OF

ELECTIVE

ERVICE

YSTEM

.—

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) B

RIEFING

; R

EPORT

.—

(1) B

RIEFING

.—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) R

EPORT

.—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.

Review.

Recommenda-

tions.

Deadline.

Plans.

Review.

Effective date.

Time period.

Reports.

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135 STAT. 1690 PUBLIC LAW 117–81—DEC. 27, 2021

(B) A simulation of a mobilization of all Armed Forces

and reserve units, with plans and processes for incor-

porating Selective Service System inductees.

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 assess-

ments described in subparagraphs (C) and (D).

SEC. 528. TEMPORARY EXEMPTION FROM END STRENGTH GRADE

RESTRICTIONS FOR THE SPACE FORCE.

(a) E

XEMPTION

.—Sections 517 and 523 of title 10, United States

Code, shall not apply to the Space Force until January 1, 2023.

(b) S

UBMITTAL

.—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 POS-

SIBLE MILITARY DRAFT.

Not later than 120 days after the date of the enactment of

this Act, the Director of the Selective Service System, in consulta-

tion 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

(a) R

EPORT

EQUIRED

.—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 Govern-

ment 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) C

ONSULTATION

.—The Director of the Selective Service

System shall carry out this section in consultation with the Sec-

retary of Homeland Security, the Secretary of Education, the

Director of the Office of Personnel Management, and the heads

of other appropriate Federal agencies.

LEMENTS

.—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—

Assessment.

Review.

Consultation.

Review.

Deadline.

Effective date.

10 USC 517 note.

Recommenda-

tions.

Assessment.

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135 STAT. 1691 PUBLIC LAW 117–81—DEC. 27, 2021

(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 proce-

dure;

(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 sub-

section (a).

(5) Such other matters in connection with the review con-

ducted pursuant to subsection (a) as the Director considers

appropriate.

(d) A

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—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) I

ENERAL

.—The Comptroller General of the United States

shall conduct a study on the use of administrative separation boards

within the Armed Forces.

(b) E

LEMENTS

.—The study under subsection (a) shall evaluate—

(1) the process each Armed Force uses to convene adminis-

trative 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.

EPORT

.—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).

Evaluations.

Recommenda-

tions.

Analysis.

Assessment.

Time period.

Assessment.

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135 STAT. 1692 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle D—Military Justice Reform

PART 1—SPECIAL TRIAL COUNSEL

SEC. 531. SPECIAL TRIAL COUNSEL.

(a) I

ENERAL

.—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:

‘‘§ 824a. Art 24a. Special trial counsel

‘‘(a) D

ETAIL OF

PECIAL

RIAL

OUNSEL

.—Each Secretary con-

cerned shall promulgate regulations for the detail of commissioned

officers to serve as special trial counsel.

‘‘(b) Q

UALIFICATIONS

.—A special trial counsel shall be a commis-

sioned 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) D

UTIES AND

UTHORITIES

.—

‘‘(1) I

N 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) D

ETERMINATION OF COVERED OFFENSE

;

CHARGES

.—

‘‘(A) A

UTHORITY

.—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 deter-

mination to prefer or refer charges shall not act to dis-

qualify the special trial counsel as an accuser.

‘‘(B) K

NOWN 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) D

ISMISSAL

;

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 with-

draw or dismiss the charges and specifications;

Regulations.

10 USC 824a.

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135 STAT. 1693 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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) B

INDING DETERMINATION

.—The determination of a spe-

cial 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) D

EFERRAL 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) T

ABLE OF

ECTIONS

MENDMENT

.—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.’’.

EPORT

EQUIRED

.—

(1) I

N 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) E

LEMENTS

.—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 require-

ments 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 practi-

tioners.

(B) An estimate of the resources needed to implement

such section 824a (article 24a).

ment such section 824a (article 24a), including staffing

levels required for military judges, military magistrates,

military defense attorneys, and paralegals and other sup-

port staff.

Estimate.

Plans.

10 USC 822 prec.

Determination.

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135 STAT. 1694 PUBLIC LAW 117–81—DEC. 27, 2021

(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 pro-

motion considerations and explain how the Secretary con-

cerned plans to instruct promotion boards to value litigation

experience.

(F) Any additional resources, authorities, or informa-

tion that each Secretary concerned deems relevant or

important to the implementation of the requirements of

this title.

(3) D

EFINITIONS

.—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) I

ENERAL

.—Chapter 53 of title 10, United States Code,

is amended by inserting after section 1044e the following new

section:

‘‘§ 1044f. Policies with respect to special trial counsel

‘‘(a) P

OLICIES

EQUIRED

.—The Secretary of Defense shall estab-

lish policies with respect to the appropriate mechanisms and proce-

dures that the Secretaries of the military departments shall estab-

lish 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 over-

sight 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

Appointment.

Establishment.

10 USC 1044f.

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135 STAT. 1695 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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) U

NIFORMITY

.—The Secretary of Defense shall ensure that

any lack of uniformity in the implementation of policies, mecha-

nisms, and procedures established under subsection (a) does not

render unconstitutional any such policy, mechanism, or procedure.

‘‘(c) M

ILITARY

ERVICE

EFINED

.—In this section, the term ‘mili-

tary service’ means the Army, Navy, Air Force, Marine Corps,

and Space Force.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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.’’.

UARTERLY

RIEFING

.—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 pursu-

ant 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 Representa-

tives 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), sec-

tion 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);

Deadline.

10 USC 1030

prec.

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135 STAT. 1696 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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 advo-

cate 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) G

ENERAL

OURTS

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) S

PECIAL

OURTS

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) D

ETAIL OF

EARING

FFICER

; W

AIVER

.—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

Determinations.

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135 STAT. 1697 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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 deter-

mines 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) R

EPORT OF

RELIMINARY

EARING

FFICER

.—Subsection (c)

of such section is amended—

(1) in the heading, by inserting ‘‘

PECIAL

RIAL

OUNSEL

’’ after ‘‘C

ONVENING

UTHORITY

’’; 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 sub-

section:

‘‘(c) C

OVERED

FFENSES

.—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

Determination.

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135 STAT. 1698 PUBLIC LAW 117–81—DEC. 27, 2021

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) A

UTHORITY TO

NTER

NTO

GREEMENTS

.—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 sec-

tion (article).’’.

(b) B

INDING

FFECT

.—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) T

RANSMITTAL AND

EVIEW OF

ECORDS

.—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 Gen-

eral’’ and inserting the following: ‘‘

IMPRACTICABLE

.—’’

‘‘(i) I

N 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) C

ASES 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) C

OURTS OF

RIMINAL

PPEALS

.—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: ‘‘I

MPRACTICABLE

.—

‘‘(i) I

N GENERAL

.—Subject to clause (ii), if the Court

of Criminal Appeals’’; and

(2) by adding at the end the following new clause:

‘‘(ii) C

ASES 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.’’.

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135 STAT. 1699 PUBLIC LAW 117–81—DEC. 27, 2021

EVIEW BY THE

OURT OF

PPEALS FOR THE

RMED

ORCES

.—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) R

EVIEW BY

UDGE

DVOCATE

ENERAL

.—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 Gen-

eral’’;

(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 deter-

mines.’’.

SEC. 539B. APPLICABILITY TO THE UNITED STATES COAST GUARD.

The Secretary of Defense shall consult and enter into an agree-

ment with the Secretary of Homeland Security to apply the provi-

sions 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) I

ENERAL

.—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) R

EGULATIONS

.—

(1) R

EQUIREMENT

.—The President shall prescribe regula-

tions to carry out this part not later than two years after

the date of the enactment of this Act.

(2) I

MPACT 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 PUNI-

TIVE ARTICLE.

(a) I

ENERAL

.—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

Regulations.

Deadline.

President.

10 USC 934 note.

Applicability.

President.

Deadline.

Applicability.

10 USC 801 note.

Consultation.

Contracts.

10 USC 801 note.

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135 STAT. 1700 PUBLIC LAW 117–81—DEC. 27, 2021

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) E

LEMENTS OF

FFENSE

.—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 con-

duct 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 entitle-

ments; or

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

the armed forces and of a nature to bring discredit upon

the armed forces.

SEC. 539E. SENTENCING REFORM.

(a) A

RTICLE

53; F

INDINGS AND

ENTENCING

.—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) G

ENERAL 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 sen-

tence of the court-martial.’’; and

(2) in subsection (c)—

(A) by amending paragraph (1) to read as follows:

‘‘(1) I

N GENERAL

.—In a capital case, if the accused is con-

victed of an offense for which the court-martial may sentence

the accused to death—

‘‘(A) the members shall determine—

Determinations.

Revision.

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135 STAT. 1701 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(i) whether the sentence for that offense shall

be death or life in prison without eligibility for parole;

‘‘(ii) whether the matter shall be returned to the

military judge for determination of a lesser punish-

ment; 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) A

RTICLE

; P

LEA

GREEMENTS

.—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 sub-

sections (c), (d), and (e), respectively; and

(2) by inserting after subsection (a) the following new sub-

section:

‘‘(b) A

CCEPTANCE OF

LEA

GREEMENT

.—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 sen-

tencing 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.’’.

RTICLE

56; S

ENTENCING

.—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 sen-

tencing 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) A

PPLICATION OF SENTENCING PARAMETERS IN GENERAL

AND SPECIAL COURTS

MARTIAL

.—

Determinations.

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135 STAT. 1702 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(A) R

EQUIREMENT TO SENTENCE WITHIN PARAM

ETERS

.—Except as provided in subparagraph (B), in a gen-

eral or special court-martial in which the accused is con-

victed 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) E

XCEPTION

.—The military judge may impose a

sentence outside a sentencing parameter upon finding spe-

cific 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) U

SE 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 sec-

tion 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) O

FFENSE

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 confine-

ment, 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) I

NAPPLICABILITY TO DEATH PENALTY

.—Sentencing

parameters and sentencing criteria shall not apply to a deter-

mination of whether an offense should be punished by death.

‘‘(6) S

ENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGI

BILITY FOR PAROLE

.—

‘‘(A) I

N GENERAL

.—If an offense is subject to a sentence

of confinement for life, a court-martial may impose a sen-

tence of confinement for life without eligibility for parole.

‘‘(B) T

ERM OF CONFINEMENT

.—An accused who is sen-

tenced 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)—

Statement.

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135 STAT. 1703 PUBLIC LAW 117–81—DEC. 27, 2021

(A) in subparagraph (A), by striking ‘‘or’’ at the end;

(B) by redesignating subparagraph (B) as subpara-

graph (C);

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 subpara-

graph (B) of this paragraph, by striking ‘‘, as determined

in accordance with standards and procedures prescribed

by the President’’.

(d) A

RTICLE

66; C

OURTS OF

RIMINAL

PPEALS

.—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) C

ONSIDERATION OF

ENTENCE

.—

‘‘(1) I

N 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 param-

eter 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 Presi-

dent has established a sentencing parameter pursuant

to section 539E(e) of the National Defense Authoriza-

tion 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 sen-

tence is a result of an incorrect application of the param-

eter;

‘‘(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 mem-

bers in a capital case under section 853(c) of this title

(article 53(c)), whether the sentence is otherwise appro-

priate, under rules prescribed by the President.

‘‘(2) R

ECORD ON APPEAL

.—In an appeal under this sub-

section 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 des-

ignated as pertinent by any party;

‘‘(B) the information submitted during the sentencing

proceeding; and

Review.

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135 STAT. 1704 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(C) any information required by rule or order of the

Court of Criminal Appeals.’’.

(e) E

STABLISHMENT OF

ENTENCING

ARAMETERS AND

TENCING

RITERIA

.—

(1) I

N 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 accord-

ance 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) S

ENTENCING 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 consider-

ation 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;

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) S

ENTENCING 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 deter-

mining an appropriate sentence when there is no applicable

sentencing parameter for a specific offense.

(4) M

ILITARY SENTENCING PARAMETERS AND CRITERIA

BOARD

.—

(A) I

N GENERAL

.—There is established within the

Department of Defense a board, to be known as the ‘‘Mili-

tary Sentencing Parameters and Criteria Board’’ (referred

to in this subsection as the ‘‘Board’’).

(B) V

OTING 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 avail-

able, 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.

Establishment.

Designations.

Determination.

Deadline.

President.

Regulations.

10 USC 856 note.

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135 STAT. 1705 PUBLIC LAW 117–81—DEC. 27, 2021

(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 Uni-

form Code of Military Justice), do not include a trial

judge of the Marine Corps.

ONVOTING 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 non-

voting member of the Board. The Secretary of Defense

may appoint one additional nonvoting member of the Board

at the Secretary’s discretion.

(D) C

HAIR 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) V

OTING REQUIREMENT

.—An affirmative vote of at

least three members is required for any action of the Board

under this subsection.

(F) D

UTIES OF BOARD

.—The Board shall have the fol-

lowing 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 sen-

tencing 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 cri-

teria, the Board shall consider the sentencing data

collected by the Military Justice Review Panel pursu-

ant to section 946(f)(2) of title 10, United States Code

(article 146(f)(2) of the Uniform Code of Military Jus-

tice).

(iv) In addition to establishing parameters for sen-

tences of confinement under clause (i)(I), the Board

Appointment.

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135 STAT. 1706 PUBLIC LAW 117–81—DEC. 27, 2021

shall consider the appropriateness of establishing sen-

tencing 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 consider-

ation of comments and data coming to the Board’s

attention, the sentencing parameters and sen-

tencing criteria prescribed under paragraph (1);

and

(II) submit to the President, through the Sec-

retary 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 con-

sisting of individuals with current or recent experience

in command and in senior enlisted positions, individ-

uals 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 amend-

ments 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) E

FFECTIVE

ATE

.—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) R

EPEAL OF

ECRETARIAL

UIDELINES ON

ENTENCES FOR

FFENSES

OMMITTED

NDER THE

NIFORM

ODE OF

ILITARY

USTICE

.—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) B

RIEFING AND

EPORT

EQUIRED

.—

(1) B

RIEFING

.—Not later than March 1, 2022, each Sec-

retary 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.

Deadline.

Applicability.

10 USC 853 note.

Proposals.

Statements.

Consultation.

Proposals.

Statements.

Reviews.

Revisions.

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135 STAT. 1707 PUBLIC LAW 117–81—DEC. 27, 2021

(2) R

EPORT

.—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) F

ORM OF BRIEFING AND REPORT

.—Each Secretary con-

cerned may provide the briefing and report required under

paragraphs (1) and (2) jointly, or separately, as determined

appropriate by such Secretaries

(b) E

LEMENTS

.—The briefing and report required under sub-

section (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 para-

graph (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 per-

formed by any such personnel or groups of personnel across

the domains of policy-making, execution, assessment, and

oversight.

lowing 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, mili-

tary 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 provi-

sions 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.

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Armed Services and the Com-

mittee on Commerce, Science, and Transportation of the

Senate; and

Determination.

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135 STAT. 1708 PUBLIC LAW 117–81—DEC. 27, 2021

(B) the Committee on Armed Services and the Com-

mittee 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 REC-

OMMENDATIONS OF THE INDEPENDENT REVIEW COMMIS-

SION ON SEXUAL ASSAULT IN THE MILITARY.

(a) B

RIEFING

EQUIRED

.—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: Recommenda-

tions from the Independent Review Commission on Sexual Assault

in the Military’’, and dated July 2, 2021.

(b) E

LEMENTS

.—The briefing under subsection (a) shall address

the following:

(1) The status of the implementation of each recommenda-

tion, including—

(A) whether, how, and to what extent the recommenda-

tion 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 imple-

mented or superseded by statute as of the date of the briefing,

a description of any plan for the implementation of the rec-

ommendation, including identification of—

(A) intermediate actions, milestone dates, and any

expected completion date for implementation of the rec-

ommendation; and

(B) any rules, regulations, policies, or other guidance

that are expected to be issued, revised, changed, or can-

celled as a result of the implementation of the recommenda-

tion.

Subtitle E—Other Military Justice and

Legal Matters

SEC. 541. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE UNI-

FORM 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 para-

graph:

‘‘(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 pro-

ceeding or would violate the privacy concerns of an individual

other than the accused.’’.

Plan.

Deadline.

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135 STAT. 1709 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 542. CONDUCT UNBECOMING AN OFFICER.

(a) I

ENERAL

.—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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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) I

ENERAL

.—Section 1561 of title 10, United States Code,

is amended to read as follows:

‘‘§ 1561. Complaints of sexual harassment: independent inves-

tigation

‘‘(a) A

CTION ON

OMPLAINTS

LLEGING

EXUAL

ARASSMENT

.—

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) C

OMMENCEMENT OF

NVESTIGATION

.—To the extent prac-

ticable, 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) D

URATION OF

NVESTIGATION

.—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 investiga-

tion are forwarded to the commanding officer or officer in charge

specified in subsection (a) for action as appropriate.

‘‘(d) R

EPORT ON

NVESTIGATION

.—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 sub-

section (b)(1) within 20 days after the date on which the inves-

tigation 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

Time period.

Deadline.

10 USC 877 prec.

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135 STAT. 1710 PUBLIC LAW 117–81—DEC. 27, 2021

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) S

EXUAL

ARASSMENT

EFINED

.—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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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.’’.

FFECTIVE

ATE

.—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) R

EGULATIONS

.—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) R

EPORT ON

MPLEMENTATION

.—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) I

ENERAL

.—Chapter 80 of title 10, United States Code,

is amended by inserting after section 1562 the following new section:

‘‘§ 1562a. Complaints of retaliation by victims of sexual

assault or sexual harassment and related persons:

tracking by Department of Defense

‘‘(a) D

ESIGNATION OF

ESPONSIBLE

OMPONENT

.—The Secretary

of Defense shall designate a component of the Office of the Secretary

of Defense to be responsible for documenting and tracking all cov-

ered 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 docu-

mented and tracked as described in subsection (b).

‘‘(b) T

RACKING OF

LLEGATIONS

.—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;

10 USC 1562a.

Deadline.

10 USC 1561

note.

Applicability.

10 USC 1561

note.

10 USC 1561

prec.

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135 STAT. 1711 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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 allega-

tion;

‘‘(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) C

OVERED

LLEGATION OF

ETALIATION

EFINED

.—In this

section, the term ‘covered allegation of retaliation’ means an allega-

tion 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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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 DETER-

MINATION 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 ‘‘Notwith-

standing 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

10 USC 1561

prec.

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135 STAT. 1712 PUBLIC LAW 117–81—DEC. 27, 2021

(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) C

IVILIAN

UPPORT

OSITIONS

.—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) D

UTIES

.—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.

PECIAL

ICTIMS

’ C

OUNSEL

EFINED

.—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 des-

ignated as ‘‘Victims’ Legal Counsel’’.

SEC. 547. PLANS FOR UNIFORM DOCUMENT MANAGEMENT SYSTEM,

TRACKING PRETRIAL INFORMATION, AND ASSESSING

CHANGES IN LAW.

(a) P

LAN FOR

OCUMENT

ANAGEMENT

YSTEM

.—

(1) I

N 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 depart-

ments, 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 informa-

tion collected and maintained for purposes of section 940a

of title 10, United States Code (article 140a of the Uniform

Code of Military Justice).

(2) E

LEMENTS

.—The plan under subsection (a) shall meet

the following criteria:

(A) C

ONSISTENCY OF DATA FIELDS

.—The plan shall

ensure that each Armed Force uses consistent data collec-

tion fields, definitions, and other criteria for the document

management system described in subsection (a).

(B) B

EST 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.

Strategy.

Criteria.

Deadlines.

Consultations.

Publications.

10 USC 1044e

note.

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135 STAT. 1713 PUBLIC LAW 117–81—DEC. 27, 2021

ROSPECTIVE APPLICATION

.—The plan shall require

the document management system to be used for the collec-

tion and presentation of information about matters occur-

ring 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) R

ESOURCES

.—The plan shall include an estimate

of the resources (including costs, staffing, and other

resources) required to implement the document manage-

ment system.

(E) A

UTHORITIES

.—The plan shall include an analysis

of any legislative actions, including any changes to law,

that may be required to implement the document manage-

ment system for each Armed Force.

(b) P

LAN FOR

RACKING

RETRIAL

NFORMATION

.—Not later

than one year after the date of the enactment of this Act, the

Secretary of Defense, in consultation with the Secretary of Home-

land 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.

LAN FOR

SSESSING

FFECTS OF

HANGES IN

.—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 sub-

section (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) I

NTERIM

RIEFINGS

.—

(1) I

N 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 depart-

ments, 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 develop-

ment of the plans required under subsections (a) through (c).

Time period.

Analysis.

Estimate.

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135 STAT. 1714 PUBLIC LAW 117–81—DEC. 27, 2021

(2) C

OVERED PERIOD

.—In this subsection, the term ‘‘covered

period’’ means the period beginning on the date of the enact-

ment of this Act and ending on the date that is one year

after the date of the enactment of this Act.

(e) J

UDGE

DVOCATES

PECIFIED

.—The Judge Advocates speci-

fied 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) C

OMPREHENSIVE

EVIEW OF

ISSING

ERSONS

EPORTING

.—

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) R

EVIEW OF

NSTALLATION

LEVEL

ROCEDURES

.—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 con-

cerned—

(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 car-

rying 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 proce-

dures, to improve force protection, enhance security for mem-

bers 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 over-

lapping jurisdiction with that installation, when a member

is determined to be missing, absent unknown, absent without

leave, or duty status-whereabouts unknown.

NSTALLATION

SPECIFIC

EPORTING

ROTOCOLS

.—

(1) I

N GENERAL

.—Each commander of a military installa-

tion 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 imme-

diate area of the military installation, when the status of a

member assigned to such installation has been determined

Notification.

Updates.

10 USC 1501

note prec.

Definition.

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135 STAT. 1715 PUBLIC LAW 117–81—DEC. 27, 2021

to be missing, absent unknown, absent without leave, or duty

status-whereabouts unknown.

(2) R

EPORTING 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) R

EPORT

EGARDING

ATIONAL

UARD

.—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 sub-

sections that the Secretary determines feasible.

SEC. 549. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION

AND RESPONSE.

(a) D

ELEGATION OF

UTHORITY TO

UTHORIZE

XCEPTIONAL

LIGIBILITY FOR

ERTAIN

ENEFITS

.—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 dele-

gated.

‘‘(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 para-

graph (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) E

XTENSION OF

EQUIREMENT FOR

NNUAL

AMILY

DVOCACY

ROGRAM

EPORT

EGARDING

HILD

BUSE AND

OMESTIC

IOLENCE

.—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’’.

MPLEMENTATION OF

OMPTROLLER

ENERAL

ECOMMENDA

TIONS

.—

(1) I

N 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 speci-

fied in subparagraphs (A) through (K).

(A) D

OMESTIC 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

Deadline.

Consultations.

10 USC 1781

note.

Reports.

Time period.

Recommenda-

tions.

Timeline.

Determination.

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135 STAT. 1716 PUBLIC LAW 117–81—DEC. 27, 2021

(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 allega-

tions 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) D

OMESTIC 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 deter-

mine 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 ele-

ments; and

(II) the manner in which such organizations

and elements coordinate their activities; and

(iii) issue guidance to the Secretaries of the mili-

tary departments to clarify and standardize the

information required to be collected and reported to

the database on domestic violence incidents under sec-

tion 1562 of title 10, United States Code.

EGULATIONS FOR VIOLATION OF CIVILIAN ORDERS

OF PROTECTION

.—The Secretary of Defense shall revise or

issue regulations (as applicable) to ensure that each Sec-

retary of a military department provides, to any member

of the Armed Forces under the jurisdiction of such Sec-

retary 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 Uni-

form Code of Military Justice).

(D) A

GREEMENTS WITH CIVILIAN VICTIM SERVICE

ORGANIZATIONS

.—

(i) G

UIDANCE 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

Memorandum.

Notice.

Evaluation.

Deadline.

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135 STAT. 1717 PUBLIC LAW 117–81—DEC. 27, 2021

of understanding with qualified civilian victim service

organizations for purposes of providing services to vic-

tims of domestic abuse in accordance with clause (ii).

(ii) C

ONTENTS 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) S

CREENING AND REPORTING OF INITIAL ALLEGA

TIONS

.—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 docu-

mented 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) I

MPLEMENTATION AND OVERSIGHT OF INCIDENT

DETERMINATION COMMITTEES

.—

(i) I

MPLEMENTATION

.—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) O

VERSIGHT 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 Deter-

mination 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) R

EASONABLE SUSPICION STANDARD FOR INCIDENT

REPORTING

.—Not later than 90 days after the date of the

enactment of the Act, the Secretary of Defense, in consulta-

tion 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 Com-

mittee if there is reasonable suspicion that the abuse

occurred; and

Requirement.

Deadline.

Regulations.

Determination.

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135 STAT. 1718 PUBLIC LAW 117–81—DEC. 27, 2021

(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) G

UIDANCE FOR VICTIM RISK ASSESSMENT

.—The Sec-

retary 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 per-

sonnel responsible for using such tools.

(I) I

MPROVING 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) A

SSESSMENT 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 dis-

advantages of each proposed model.

(K) F

AMILY ADVOCACY PROGRAM TRAINING

.—

(i) T

RAINING FOR COMMANDERS AND SENIOR

ENLISTED ADVISORS

.—The Secretary of Defense, in con-

sultation with the Secretaries of the military depart-

ments, 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 Depart-

ment of Defense; and

(II) shall provide such additional guidance and

sample training materials as may be necessary

to improve the consistency of such training.

Effective date.

Strategy.

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135 STAT. 1719 PUBLIC LAW 117–81—DEC. 27, 2021

(ii) T

RAINING 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) T

RAINING 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) G

ENERAL IMPLEMENTATION DATE

.—Except as otherwise

provided in paragraph (1), the Secretary of Defense shall com-

plete 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) Q

UARTERLY 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 Sec-

retary of Defense shall provide to the appropriate congressional

committees a briefing on the status of the implementation

of such activities.

(d) I

NFORMATION ON

ERVICES FOR

ILITARY

AMILIES

.—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 jurisdic-

tion 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 expla-

nation of the process that follows a report of an incident of

domestic abuse or child abuse or neglect.

(3) Other applicable victim services.

(e) R

EPORTS ON

TAFFING

EVELS FOR

AMILY

DVOCACY

GRAMS

.—

(1) I

N 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 appro-

priate congressional committees a report setting forth the fol-

lowing:

(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.

Time period.

Deadline.

Requirements.

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135 STAT. 1720 PUBLIC LAW 117–81—DEC. 27, 2021

(B) Recommendations for ideal staffing levels for the

Family Advocacy Programs, as identified by the staffing

tool.

(2) S

TAFFING 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) C

OMPTROLLER GENERAL REVIEW

.—

(A) I

N GENERAL

.—Following the submission of the first

annual report required under paragraph (1), the Comp-

troller General of the United States shall conduct a review

of the staffing of the Family Advocacy Programs of the

Armed Forces.

(B) E

LEMENTS

.—The review conducted under subpara-

graph (A) shall include an assessment of each of the fol-

lowing:

(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 quali-

fication 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).

RIEFING AND REPORT

.—

(i) B

RIEFING

.—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 Comp-

troller General as part of the review required under

subparagraph (A).

(ii) R

EPORT

.—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 Representa-

tives a report on the results of the review conducted

under subparagraph (A).

(f) S

TUDY AND

RIEFING ON

NITIAL

NTRY

OINTS

.—

(1) S

TUDY

.—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

Assessments.

Deadline.

Assessments.

Recommenda-

tions.

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135 STAT. 1721 PUBLIC LAW 117–81—DEC. 27, 2021

(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) B

RIEFING

.—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) D

EFINITIONS

.—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) I

ENERAL

.—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 inter-

personal 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) E

LEMENTS

.—Each annual primary prevention research

agenda published under subsection (a) shall—

(1) identify research priorities for that fiscal year;

Effective date.

Time period.

Publication.

10 USC 1561

note prec.

10 USC 1781

note.

Deadline.

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135 STAT. 1722 PUBLIC LAW 117–81—DEC. 27, 2021

(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 compo-

nents 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 Depart-

ment 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

Defense.

UIDING

RINCIPLES

.—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 depart-

ments and agencies, State governments, academia, industry,

federally funded research and development centers, non-profit

organizations, and other organizations outside of the Depart-

ment of Defense; and

(4) minimize unnecessary duplication of effort.

(d) B

UDGETING

.—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) E

STABLISHMENT

.—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) P

RIMARY

REVENTION

ORKFORCE

ODEL

.—

(1) I

N 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 Rep-

resentatives a report setting forth a holistic model for a dedi-

cated and capable Primary Prevention Workforce in the Depart-

ment of Defense.

(2) E

LEMENTS

.—The model required under paragraph (1)

shall include the following elements:

(A) A description of Primary Prevention Workforce

roles, responsibilities, and capabilities, including—

Reports.

10 USC 501 note

prec.

Determination.

Records.

Data.

Determination.

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135 STAT. 1723 PUBLIC LAW 117–81—DEC. 27, 2021

(i) the conduct of research and analysis;

(ii) advising all levels of military commanders and

leaders;

(iii) designing and writing strategic and oper-

ational primary prevention policies and programs;

(iv) integrating and analyzing data; and

(v) implementing, evaluating, and adapting pri-

mary prevention programs and activities, to include

developing evidence-based training and education pro-

grams 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 head-

quarters personnel.

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 require-

ments built into the career cycle of prevention practitioners

such that competencies and expertise increase over time.

(E) Any other matter the Secretary of Defense deter-

mines necessary and appropriate to presenting an accurate

and complete model of the Primary Prevention Workforce.

EPORTS

.—

(1) I

N 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 Rep-

resentatives 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) E

LEMENTS

.—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 chal-

lenges; and

mize implementation and operation of the workforce.

(d) O

PERATING

APABILITY

EADLINE

.—The Primary Prevention

Workforce authorized under this section shall attain initial oper-

ating capability in each military department and military service

Determination.

Strategies.

Plans.

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135 STAT. 1724 PUBLIC LAW 117–81—DEC. 27, 2021

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) E

VALUATION AND

LAN FOR

EFORM

.—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 mili-

tary 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 para-

graph (1); and

(B) based on such results, if the Secretary determines

that reform to the military criminal investigative organiza-

tion 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) I

MPLEMENTATION

LAN

.—

(1) I

N 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) E

LEMENTS

.—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 inves-

tigative 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.

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 mili-

tary 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

Analysis.

Requirements.

Deadline.

Determination.

Proposal.

Reports.

Deadline.

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135 STAT. 1725 PUBLIC LAW 117–81—DEC. 27, 2021

(iii) the functions of such military and civilian

personnel.

(E) A description of any plans of the Secretary con-

cerned 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 organiza-

tions.

(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.

IMITATION ON THE

HANGES TO

RAINING

OCATIONS

.—

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 organiza-

tion under the jurisdiction of such Secretary until—

(1) the implementation plan under subsection (b) is sub-

mitted 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) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Armed Services and the Com-

mittee on Commerce, Science, and Transportation of the

Senate; and

(B) the Committee on Armed Services and the Com-

mittee 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;

(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;

Time period.

Notification.

Timeline.

Plans.

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135 STAT. 1726 PUBLIC LAW 117–81—DEC. 27, 2021

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, para-

legal support, counsel travel, and other necessary resources;

(2) ensure that military defense counsel detailed to rep-

resent 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 experi-

enced, 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) R

EVIEW

EQUIRED

.—Each Secretary of a military depart-

ment shall conduct an assessment of racial disparity in military

justice and discipline processes and military personnel policies,

as they pertain to minority populations.

(b) R

EPORT

EQUIRED

.—Not later than one year after the date

of the enactment of this Act, each Secretary of a military depart-

ment shall submit to the Committees on Armed Services of the

Senate and the House of Representatives and the Comptroller Gen-

eral of the United States a report detailing the results of the

assessment required by subsection (a), together with recommenda-

tions for statutory or regulatory changes as the Secretary concerned

determines appropriate.

OMPTROLLER

ENERAL

EPORT

.—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 con-

ducted under subsection (a) to existing reports assessing racial

disparity in civilian criminal justice systems in the United States.

(d) D

EFINITIONS

.—In this section:

(1) M

ILITARY JUSTICE

;

DISCIPLINE PROCESSES

.—The terms

‘‘military justice’’ and ‘‘discipline processes’’ refer to all facets

of the military justice system, including investigation, the use

Recommenda-

tions.

Determination.

Assessment.

Deadline.

10 USC 946 note.

10 USC 827 note.

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135 STAT. 1727 PUBLIC LAW 117–81—DEC. 27, 2021

of administrative separations and other administrative sanc-

tions, non-judicial punishment, panel selection, pre-trial

confinement, the use of solitary confinement, dispositions of

courts-martial, sentencing, and post-trial processes.

(2) M

ILITARY PERSONNEL POLICIES

.—The term ‘‘military per-

sonnel 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) M

INORITY POPULATIONS

.—The term ‘‘minority popu-

lations’’ includes Black, Hispanic, Asian/Pacific Islander, Amer-

ican 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) A

NNUAL

EPORTS ON

ACIAL AND

THNIC

EMOGRAPHICS

IN THE

ILITARY

USTICE

YSTEM

.—

(1) I

N GENERAL

.—Chapter 23 of title 10, United States

Code, is amended by inserting after section 485 the following

new section:

‘‘§ 486. Annual reports on racial and ethnic demographics

in the military justice system

‘‘(a) I

ENERAL

.—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) C

ONTENTS

.—The report of a Secretary of a military depart-

ment 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 punish-

ment 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;

10 USC 486.

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135 STAT. 1728 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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) S

UBMISSION TO

ONGRESS

.—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) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘statistical category’ means each of the fol-

lowing 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) C

LERICAL 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 sys-

tem.’’.

(b) P

OLICY

EQUIRED

.—

(1) R

EQUIREMENT

.—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 eth-

nicity 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) E

XCLUSION

.—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) P

UBLICLY 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) S

UNSET

.—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 VIC-

TIMS.

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

Determination.

Deadline.

10 USC 1561

note.

10 USC 480 prec.

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135 STAT. 1729 PUBLIC LAW 117–81—DEC. 27, 2021

(2) by inserting after subsection (c) the following new sub-

section:

‘‘(d) A

UTHORIZATIONS FOR

D S

AFE

ELPLINE

.—

‘‘(1) P

ROVIDING 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) T

RAINING AND OVERSIGHT

.—DoD Safe Helpline staff

shall have specialized training and appropriate certification

to support eligible adult sexual assault victims.

‘‘(3) E

LIGIBILITY AND PROCEDURES

.—The Secretary of

Defense shall prescribe regulations regarding eligibility for DoD

Safe Helpline services, procedures for providing crisis interven-

tion and support, and accepting reports.

‘‘(4) E

LECTRONIC 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) T

YPES 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) O

PTION FOR ENTRY INTO THE CATCH A SERIAL OFFENDER

SYSTEM

.—An individual making a restricted report (or a rel-

evant 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 Authoriza-

tion 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) S

TUDY

.—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 Coordina-

tors; and

Deadline.

Determination.

Regulations.

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135 STAT. 1730 PUBLIC LAW 117–81—DEC. 27, 2021

(2) if determined to be feasible and advisable, the optimal

approach to establishing and maintaining such a military

occupational speciality.

(b) R

EPORT AND

RIEFING

.—

(1) R

EPORT

.—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) B

RIEFING

.—Not later than 30 days after the date on

which the report is submitted under paragraph (1), the Sec-

retary of Defense shall provide to the congressional defense

committees a briefing on the results of the study conducted

under subsection (a).

LEMENTS

.—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 experi-

ence 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 subpara-

graph (A), including recommendations with respect to—

(i) designating Sexual Assault Response Coordina-

tors 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 mili-

tary occupational speciality for Sexual Assault

Response Coordinators;

(iii) limiting the amount of time that a member

who has qualified for such military occupational spe-

ciality can serve as a Sexual Assault Response Coordi-

nator 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;

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;

Recommenda-

tions.

Recommenda-

tions.

Recommenda-

tions.

Determination.

Analyses.

Determination.

Deadline.

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135 STAT. 1731 PUBLIC LAW 117–81—DEC. 27, 2021

(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 deter-

mines relevant for inclusion.

SEC. 549K. AMENDMENTS TO ADDITIONAL DEPUTY INSPECTOR GEN-

ERAL 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 Depart-

ment’’; and

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 ‘‘inspec-

tions,’’;

(B) in clause (ii) of subparagraph (A), by striking ‘‘,

including the duties of the Inspector General under sub-

section (b)’’; and

(4) in paragraph (3)(A) in the matter preceding subpara-

graph (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.).’’;

(i) by striking ‘‘Deputy’’; and

(ii) by striking ‘‘and Inspector General’’;

(D) in subparagraph (D)—

10 USC 141 note.

Determination.

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135 STAT. 1732 PUBLIC LAW 117–81—DEC. 27, 2021

(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 ‘‘con-

sistent 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

‘‘(2) A

DDITIONAL ELEMENTS

.—Each report required by this

subsection shall include the following:

‘‘(A) A description of comprehensive data-collection sys-

tems 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.

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135 STAT. 1733 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(C) An assessment by each Secretary of a military

department of the quality and need for training on recog-

nizing 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 pre-

ceding 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 investiga-

tions.

‘‘(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 con-

siders 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 sub-

sections:

‘‘(d) E

STABLISHMENT OF

ORKING

ROUP

.—(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 for-

eign 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.

Deadline.

10 USC 2001

note prec.

Reports.

Plans.

Data.

Recommenda-

tions.

Assessment.

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135 STAT. 1734 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(B) In coordinating and integrating the training program

under this subsection in order to enhance and strengthen serv-

icemember and Department of Defense civilian employee aware-

ness of and defenses against foreign malign influence, including

by bolstering information literacy.

‘‘(C) In such other tasks deemed appropriate by the Sec-

retary 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 For-

eign Malign Influence Response Center established pursuant to

section 3059 of title 50, United States Code.

‘‘(e) R

EPORT

EQUIRED

.—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 influ-

ence 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) D

EFINITIONS

.—In this section:

‘‘(1) F

OREIGN 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) C

OVERED FOREIGN COUNTRY

.—The term ‘covered for-

eign country’ has the meaning given that term in section 119C

of the National Security Act of 1947 (50 U.S.C. 3059)

‘‘(3) I

NFORMATION LITERACY

.—The term ‘information lit-

eracy’ means the set of skills needed to find, retrieve, under-

stand, 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) R

EQUIREMENT TO

ARRY

ROGRAM

.—Section 1154(b)

of title 10, United States Code, is amended by striking ‘‘may’’

and inserting ‘‘shall’’.

(b) R

EPORTING

EQUIREMENT

.—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 sub-

section:

‘‘(i) A

NNUAL

EPORT

.—(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 Pro-

gram.

‘‘(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.

Consultation.

Coordination.

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135 STAT. 1735 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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.’’.

UNSET

.—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) S

UNSET

.—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 CER-

TAIN MEMBERS OF THE ARMED FORCES.

(a) I

ENERAL

.—Chapter 101 of title 10, United States Code,

is amended by inserting before section 2002 the following new

section:

‘‘§ 2001. Human relations training

‘‘(a) H

UMAN

ELATIONS

RAINING

.—(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 sensi-

tivity 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 com-

mander 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) I

NFORMATION

ROVIDED TO

ROSPECTIVE

ECRUITS

.—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) T

ECHNICAL AND

ONFORMING

MENDMENTS

.—

(1) T

ECHNICAL 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.’’.

10 USC 2001

prec.

10 USC 2001.

Definition.

Assessment.

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135 STAT. 1736 PUBLIC LAW 117–81—DEC. 27, 2021

(2) C

ONFORMING 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.

RIEFING

.—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 Rep-

resentatives regarding—

(1) implementation of section 2001 of such title, as added

by subsection (a); and

(2) legislation the Secretary determines necessary to com-

plete 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) U

NITED

TATES

ILITARY

CADEMY

.—

(1) I

N GENERAL

.—Chapter 753 of title 10, United States

Code, is amended by inserting after section 7442 the following

new section:

‘‘§ 7442a. Cadets: nomination in event of death, resignation,

or expulsion from office of Member of Congress

otherwise authorized to nominate

‘‘(a) S

ENATORS

.—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) R

EPRESENTATIVES

.—In the event a Representative does

not submit all nominations for cadets allocated to such Representa-

tive 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) R

ULE OF

ONSTRUCTION

.—The nomination of a cadet by

a Member of Congress pursuant to this section shall not be con-

strued to permanently reallocate nominations under section 7442

of this title.’’.

(2) C

LERICAL 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) U

NITED

TATES

AVAL

CADEMY

.—

10 USC 7431

prec.

10 USC 7442a.

Determination.

Deadline.

Repeal.

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135 STAT. 1737 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N GENERAL

.—Chapter 853 of title 10, United States

Code, is amended by inserting after section 8454 the following

new section:

‘‘§ 8454a. Midshipmen: nomination in event of death, resigna-

tion, or expulsion from office of Member of Con-

gress otherwise authorized to nominate

‘‘(a) S

ENATORS

.—In the event a Senator does not submit all

nominations for midshipmen allocated to such Senator for an aca-

demic 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 mid-

shipmen 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) R

EPRESENTATIVES

.—In the event a Representative does

not submit all nominations for midshipmen allocated to such Rep-

resentative 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 Rep-

resentative’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 pursu-

ant 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) R

ULE OF

ONSTRUCTION

.—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) C

LERICAL 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.’’.

ORCE

CADEMY

.—

(1) I

N GENERAL

.—Chapter 953 of title 10, United States

Code, is amended by inserting after section 9442 the following

new section:

‘‘§ 9442a. Cadets: nomination in event of death, resignation,

or expulsion from office of Member of Congress

otherwise authorized to nominate

‘‘(a) S

ENATORS

.—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.

10 USC 9442a.

10 USC 8451

prec.

10 USC 8454a.

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135 STAT. 1738 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(b) R

EPRESENTATIVES

.—In the event a Representative does

not submit all nominations for cadets allocated to such Representa-

tive 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) R

ULE OF

ONSTRUCTION

.—The nomination of a cadet by

a Member of Congress pursuant to this section shall not be con-

strued to permanently reallocate nominations under section 9442

of this title.’’.

(2) C

LERICAL 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) R

EPORT

.—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 ACAD-

EMIES WHOSE TERMS HAVE EXPIRED.

(a) U

NITED

TATES

ILITARY

CADEMY

.—Section 7455(b) of title

10, United States Code, is amended by striking ‘‘is appointed’’

and inserting ‘‘is appointed by the President’’.

(b) U

NITED

TATES

AVAL

CADEMY

.—Section 8468(b) of title

10, United States Code, is amended by striking ‘‘is appointed’’

and inserting ‘‘is appointed by the President’’.

NITED

TATES

ORCE

CADEMY

.—Section 9455(b)(1)

of title 10, United States Code, is amended by striking ‘‘is des-

ignated’’ and inserting ‘‘is designated by the President’’.

(d) U

NITED

TATES

OAST

UARD

CADEMY

.—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) U

NITED

TATES

ILITARY

CADEMY

.—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.

Time periods.

Estimate.

10 USC 9431

prec.

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135 STAT. 1739 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(2) A member may attend such meeting—

‘‘(A) in person, at the Academy; or

‘‘(B) remotely, at the election of such member.’’.

(b) U

NITED

TATES

AVAL

CADEMY

.—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.’’.

NITED

TATES

ORCE

CADEMY

.—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) A

UTHORITY TO

WARD

ACHELOR

’

EGREES

.—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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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) E

STABLISHMENT

.—Chapter 859 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 8595. United States Naval Community College: establish-

ment and degree granting authority

‘‘(a) E

STABLISHMENT AND

UNCTION

.—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 des-

ignated fields of national and economic importance such

10 USC 8595.

10 USC 2161

prec.

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135 STAT. 1740 PUBLIC LAW 117–81—DEC. 27, 2021

as cybersecurity, artificial intelligence, machine learning,

data science, and software engineering; and

‘‘(B) their practical duties;

‘‘(2) remedial, developmental, or continuing education pro-

grams, as prescribed by the Secretary of the Navy, which are

necessary to support, maintain, or extend programs under para-

graph (1);

‘‘(3) support and advisement services for individuals pur-

suing such programs; and

‘‘(4) continuous monitoring of the progress of such individ-

uals.

‘‘(b) I

NDIVIDUALS

LIGIBLE FOR

ROGRAMS

.—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) D

EGREE AND

REDENTIAL

RANTING

UTHORITY

.—

‘‘(1) I

N GENERAL

.—Under regulations prescribed by the Sec-

retary of the Navy, the head of the United States Naval

Community College may, upon the recommendation of the direc-

tors and faculty of the College, confer appropriate degrees or

academic credentials upon graduates who meet the degree or

credential requirements.

‘‘(2) L

IMITATION

.—A degree or credential may not be con-

ferred 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) C

ONGRESSIONAL 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 Serv-

ices 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 Edu-

cation’s National Advisory Committee on Institutional

Quality and Integrity; and

‘‘(ii) the subsequent recommendations and

rationale of the Secretary of Education regarding the

Records.

Reports.

Regulations.

Recommenda-

tions.

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135 STAT. 1741 PUBLIC LAW 117–81—DEC. 27, 2021

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 con-

taining 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) C

IVILIAN

ACULTY

EMBERS

.—

‘‘(1) A

UTHORITY 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) C

OMPENSATION

.—The compensation of persons

employed under this subsection shall be prescribed by the Sec-

retary of the Navy.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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) I

ENERAL

.—Chapter 951 of title 10, United States Code,

is amended by inserting before section 9414 the following new

section:

‘‘§ 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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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) I

ENERAL

.—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

10 USC 9401

prec.

10 USC 9413.

10 USC 8591

prec.

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135 STAT. 1742 PUBLIC LAW 117–81—DEC. 27, 2021

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) C

ONFORMING

MENDMENTS

.—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 edu-

cational 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) R

EGULATIONS

EQUIRED

.—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 preg-

nant or fathers a child while attending a military service academy,

consistent with the individual and academic responsibilities of such

cadet or midshipman.

(b) B

RIEFINGS

; R

EPORT

.—

(1) I

NTERIM 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) R

EPORT

.—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) F

INAL 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).

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed to change, or require a change to, any admission require-

ment at a military service academy.

(d) M

ILITARY

ERVICE

CADEMY

EFINED

.—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.

Deadlines.

Deadline.

Consultation.

10 USC 7431

note.

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135 STAT. 1743 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 559B. DEFENSE LANGUAGE CONTINUING EDUCATION PROGRAM.

(a) I

ENERAL

.—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) R

EIMBURSEMENT

UTHORITY

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Under Secretary, in coordina-

tion 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) S

UNSET

.—The authority under this subsection shall

expire on September 30, 2025.

RIEFING

.—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 sub-

section (a).

(d) C

OVERED

RMED

ORCE

EFINED

.—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; DEFINI-

TION.

(a) R

EPORT

.—

10 USC 2151

note.

Reports.

Assessments.

Coordination.

Deadlines.

Procedures.

10 USC 2001

note prec.

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135 STAT. 1744 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N 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 speci-

fied in subsection (c).

(2) E

LEMENTS

.—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 Depart-

ment of Defense and the military departments.

(B) A description of how such term is used in the

Department of Defense in educational institutions, associ-

ated schools, programs, think tanks, research centers, and

support activities.

(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 Depart-

ment 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 tradi-

tional classroom learning.

(b) D

EFINITION

.—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 edu-

cation’’ 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) R

EPORT

EQUIRED

.—Not later than June 1, 2022, the Sec-

retary of Defense, in consultation with the Secretaries of the mili-

tary departments, shall submit to the Committees on Armed Serv-

ices 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.

Consultation.

Deadline.

Coordination.

Summary.

Analysis.

Consultation.

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135 STAT. 1745 PUBLIC LAW 117–81—DEC. 27, 2021

(b) E

LEMENTS

.—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

(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;

ational, 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 enti-

ties to assist in the development of such training or courses;

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 deter-

mines relevant.

OVERED

EMBER

EFINED

.—In this section, the term ‘‘cov-

ered 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 PRO-

GRAM ARMY IGNITED PROGRAM.

(a) I

ENERAL

.—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) E

LEMENTS

.—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

Determination.

Recommenda-

tions.

Analyses.

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135 STAT. 1746 PUBLIC LAW 117–81—DEC. 27, 2021

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 OPER-

ATIONS 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 ‘‘cov-

ered individuals’’;

(B) in subparagraph (B), by striking ‘‘and’’ at the end;

the end and inserting ‘‘; and’’; and

(D) by adding at the end the following new subpara-

graph:

‘‘(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) E

XPANSION OF

DVISORY

ANEL ON

OMMUNITY

UPPORT

FOR

ILITARY

AMILIES

ITH

PECIAL

EEDS

.—Section 563(d)(2)

Deadline.

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135 STAT. 1747 PUBLIC LAW 117–81—DEC. 27, 2021

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) R

ELOCATION

.—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.

AMILY

EMBER

EDICAL

UMMARY

.—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 pro-

vider, is accessible in the electronic health record of the Department

of Defense for subsequent review by a licensed medical provider.

(d) C

OVERED

EMBER

EFINED

.—In this section, the term ‘‘cov-

ered 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) C

ONTINUATION OF

UTHORITY TO

SSIST

OCAL

CATIONAL

GENCIES

HAT

ENEFIT

EPENDENTS OF

EMBERS OF

THE

RMED

ORCES AND

EPARTMENT OF

EFENSE

IVILIAN

MPLOYEES

.—

(1) A

SSISTANCE 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)

Coordination.

Requirement.

Records.

Determination.

Deadline.

10 USC 1781c

note.

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135 STAT. 1748 PUBLIC LAW 117–81—DEC. 27, 2021

of section 572 of the National Defense Authorization Act for

Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(2) L

OCAL EDUCATIONAL AGENCY DEFINED

.—In this sub-

section, the term ‘‘local educational agency’’ has the meaning

given that term in section 7013(9) of the Elementary and Sec-

ondary Education Act of 1965 (20 U.S.C. 7713(9)).

(b) I

MPACT

ID FOR

HILDREN

ITH

EVERE

ISABILITIES

.—

(1) I

N GENERAL

.—Of the amount authorized to be appro-

priated for fiscal year 2022 pursuant to section 301 and avail-

able 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) A

DDITIONAL 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 deter-

mined by the Secretary to have higher concentrations of mili-

tary children with severe disabilities.

(3) R

EPORT

.—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 evalua-

tion 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) E

STABLISHMENT

.—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 pro-

gram 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) L

IMITATION ON

OTAL

MOUNT OF

SSISTANCE

.—The total

amount of the pilot program may not exceed $5,000,000 over the

life of the pilot.

EPORTS

.—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 ele-

ments:

(1) The number of spouses who participated in the pilot

program annually.

Criteria.

Contracts.

Determinations.

Deadline.

Time period.

10 USC 1784

note.

Deadline.

Briefing.

Evaluation.

Determination.

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135 STAT. 1749 PUBLIC LAW 117–81—DEC. 27, 2021

(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) F

INAL

EPORT

.—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) T

ERMINATION

.—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) P

OLICY

.—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) E

LEMENTS

.—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 mili-

tary 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 serv-

ices for members of the Armed Forces and their dependents.

EPORT

.—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) M

ILITARY

NSTALLATION

EFINED

.—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) P

LAN

EQUIRED

.—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

10 USC 1784

note.

Assessment.

Deadline.

Consultation.

10 USC 1781b

note.

Recommenda-

tions.

Evaluation.

Recommenda-

tions.

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135 STAT. 1750 PUBLIC LAW 117–81—DEC. 27, 2021

Resources’’ (GAO–21–193). The plan shall include the following

elements:

(1) A summary of actions that have been taken to imple-

ment 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 stake-

holders to obtain information on the outreach approaches

and best practices used by military installations and stake-

holders;

(B) overcome factors that may limit use of best prac-

tices;

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) I

MPLEMENTATION

; D

EADLINE

.—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) S

TUDY

.—

(1) I

N GENERAL

.—The Secretary of Defense shall conduct

a study to identify employment barriers affecting military

spouses.

(2) E

LEMENTS

.—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.

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) R

EPORT

.—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

Recommenda-

tions.

Determination.

Schedule.

Summaries.

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135 STAT. 1751 PUBLIC LAW 117–81—DEC. 27, 2021

policy recommendations to address employment barriers identified

by the study.

EFINITIONS

.—In this section:

(1) M

ILITARY SPOUSE

.—The term ‘‘military spouse’’ means

the spouse of a member of the Armed Forces serving on active

duty.

(2) C

ONGRESSIONAL 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 enti-

ties that provide services to military families, including assistance

with housing.

SEC. 569. BRIEFING ON PROCESS TO CERTIFY REPORTING OF

ELIGIBLE FEDERALLY CONNECTED CHILDREN FOR PUR-

POSES OF FEDERAL IMPACT AID PROGRAMS.

(a) B

RIEFING

.—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 con-

tained 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) D

EFINITIONS

.—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 Edu-

cation 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 Sec-

ondary 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) B

RIEFING

EQUIRED

.—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.

Deadline.

Timeline.

Deadline.

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135 STAT. 1752 PUBLIC LAW 117–81—DEC. 27, 2021

(b) E

LEMENTS

.—The briefing shall include the following ele-

ments:

(1) Training, provided by civilian attorneys or judge advo-

cates 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 Edu-

cation Act (Public Law 91–230), including the geographic sup-

port 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).

EFINITIONS

.—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 Disabil-

ities Education Act (20 U.S.C. 1401).

SEC. 569B. GAO REVIEW OF PRESERVATION OF THE FORCE AND

FAMILY PROGRAM OF UNITED STATES SPECIAL OPER-

ATIONS COMMAND: BRIEFING; REPORT.

(a) R

EVIEW

.—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.

(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

pate.

(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.

Determination.

Data analysis.

Assessment.

Costs.

Determination.

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135 STAT. 1753 PUBLIC LAW 117–81—DEC. 27, 2021

(b) B

RIEFING

.—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 Comp-

troller General under such review.

EPORT

.—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 appro-

priate committees.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate committees’’ means the Commit-

tees on Armed Services of the Senate and House of Representa-

tives.

(2) The term ‘‘POTFF’’ means the Preservation of the Force

and Family Program of United States Special Operations Com-

mand 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) E

STABLISHMENT OF

RITERIA

.—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) R

EVIEWS

.—

(1) Q

UINQUENNIAL REVIEW

.—The Under Secretary shall

review the criteria established under subsection (a) every five

years after such establishment and recommend to the Secre-

taries of the military departments adjustments to clothing

allowances for enlisted members if such allowances are insuffi-

cient to pay for uniquely military items determined pursuant

to such criteria.

(2) P

ERIODIC REVIEWS

.—The Secretary of Defense, acting

through the Under Secretary of Defense for Personnel and

Readiness, and in coordination with the Secretaries of the mili-

tary departments, shall periodically review—

(A) all uniform clothing plans of each Armed Force

under the jurisdiction of the Secretary of a military depart-

ment 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 sub-

section (a);

allowances for officers, in order to identify data necessary

Coordination.

Data.

Recommenda-

tions.

Recommenda-

tions.

Deadline.

Coordination.

Determinations.

37 USC 418 note.

Deadline.

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135 STAT. 1754 PUBLIC LAW 117–81—DEC. 27, 2021

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).

EGULATIONS

.—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 allow-

ance 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) R

EPORT

.—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.

Contracts.

Coordination.

Costs.

Deadline.

Plans.

Determination.

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135 STAT. 1755 PUBLIC LAW 117–81—DEC. 27, 2021

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 PUR-

POSE 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) M

EDAL OF

ONOR TO

HARLES

R. J

OHNSON FOR

CTS OF

ALOR

URING THE

OREAN

.—

(1) A

UTHORIZATION

.—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 cer-

tain 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) A

CTS 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) M

EDAL OF

ONOR TO

ATARU

AKAMURA FOR

CTS OF

ALOR

URING THE

OREAN

.—

President.

10 USC 503 note.

134 Stat. 3639.

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135 STAT. 1756 PUBLIC LAW 117–81—DEC. 27, 2021

(1) A

UTHORIZATION

.—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 cer-

tain 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) A

CTS 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.

EDAL OF

ONOR TO

RUNO

R. O

RIG FOR

CTS OF

ALOR

URING THE

OREAN

.—

(1) A

UTHORIZATION

.—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 cer-

tain 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) A

CTS 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) M

EDAL OF

ONOR TO

ENNIS

M. F

UJII FOR

CTS OF

ALOR

URING THE

IETNAM

.—

(1) A

UTHORIZATION

.—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 cer-

tain 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) A

CTS OF VALOR DESCRIBED

.—The acts of valor described

in this paragraph are the actions of Dennis M. Fujii on Feb-

ruary 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) M

EDAL OF

ONOR TO

DWARD

N. K

ANESHIRO

FOR

CTS

ALOR

URING THE

IETNAM

.—

(1) A

UTHORIZATION

.—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 cer-

tain 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) A

CTS 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) D

ISTINGUISHED

-S

ERVICE

ROSS TO

ARL

R. F

ILLMORE

, J

FOR

CTS OF

ALOR IN

OMALIA

.—

(1) A

UTHORIZATION

.—Notwithstanding the time limitations

specified in section 7274 of title 10, United States Code, or

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135 STAT. 1757 PUBLIC LAW 117–81—DEC. 27, 2021

any other time limitation with respect to the awarding of cer-

tain 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) A

CTS 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) D

ISTINGUISHED

-S

ERVICE

ROSS TO

OBERT

L. M

ABRY FOR

CTS OF

ALOR IN

OMALIA

.—

(1) A

UTHORIZATION

.—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 cer-

tain 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) A

CTS 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) D

ISTINGUISHED

-S

ERVICE

ROSS TO

OHN

G. M

ACEJUNAS FOR

CTS OF

ALOR IN

OMALIA

.—

(1) A

UTHORIZATION

.—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 cer-

tain 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) A

CTS 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) D

ISTINGUISHED

-S

ERVICE

ROSS TO

ILLIAM

F. T

HETFORD

FOR

CTS OF

ALOR IN

OMALIA

.—

(1) A

UTHORIZATION

.—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 cer-

tain 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) A

CTS 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 COMMEMORA-

TIVE SERVICE MEDAL.

(a) S

ERVICE

EDAL

EQUIRED

.—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.

10 USC 1121

note prec.

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135 STAT. 1758 PUBLIC LAW 117–81—DEC. 27, 2021

(b) E

LIGIBILITY

EQUIREMENTS

.—(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).

ISTRIBUTION OF

EDAL

.—

(1) I

SSUANCE 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) I

SSUANCE TO NEXT

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) A

PPLICATION

.—The Secretary shall prepare and dissemi-

nate as appropriate an application by which veterans and their

next-of-kin may apply to receive the Atomic Veterans Service

Medal.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—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 CHAP-

LAINS AT ARLINGTON NATIONAL CEMETERY.

(a) U

PDATES AND

RESERVATION OF

EMORIALS

.—

(1) P

ROTESTANT 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

the memorial that the Secretary determines necessary.

(2) C

ATHOLIC AND JEWISH CHAPLAIN MEMORIALS

.—The Sec-

retary 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 nec-

essary.

(3) N

O COST TO FEDERAL GOVERNMENT

.—The activities of

NCMAF authorized by this subsection shall be carried out

at no cost to the Federal Government.

(b) V

ERIFICATION OF

AMES

.—NCMAF may not include the

name of a chaplain on a memorial on Chaplains Hill under sub-

section (a) unless that name has been verified by the Chief of

Chaplains of the Army, Navy, or Air Force or the Chaplain of

Determination.

38 USC 2409

note.

Determination.

Time period.

Criteria.

Deadline.

Determination.

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135 STAT. 1759 PUBLIC LAW 117–81—DEC. 27, 2021

the United States Marine Corps, depending on the branch of the

Armed Forces in which the chaplain served.

ROHIBITION ON

XPANSION OF

EMORIALS

.—Except as pro-

vided 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) D

EFINITIONS

.—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) I

ENERAL

.—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) E

LEMENTS

.—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 per-

sonnel 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 per-

sonnel 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 appro-

priate relating to security force personnel performing PL–1

duties during the period of five fiscal years after submission

of the report.

Time period.

Assessment.

Statement.

Effective date.

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135 STAT. 1760 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 586. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES.

(a) S

TUDY

.—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) B

RIEFING

.—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.

EPORT

.—Not later than July 1, 2022, the Comptroller Gen-

eral 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) B

RIEFING

EQUIRED

.—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) B

EST

RACTICES

.—The best practices referred to in sub-

section (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, coordi-

nated 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 retire-

ment annuities.

Sec. 606. Report on relationship between basic allowance for housing and sizes of

military families.

Proposal.

Evaluation.

Summaries.

Deadline.

Evaluation.

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135 STAT. 1761 PUBLIC LAW 117–81—DEC. 27, 2021

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 uni-

formed 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, improve-

ment, 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) I

ENERAL

.—Chapter 7 of title 37, United States Code,

is amended by inserting after section 402a the following new section:

‘‘§ 402b. Basic needs allowance for members on active service

in the Armed Forces

‘‘(a) A

LLOWANCE

EQUIRED

.—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 sub-

section (c).

‘‘(b) E

LIGIBLE

EMBERS

.—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 Depart-

ment 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) A

MOUNT OF

LLOWANCE

.—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

Determination.

37 USC 402b.

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135 STAT. 1762 PUBLIC LAW 117–81—DEC. 27, 2021

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) B

ASES OF

NELIGIBILITY

.—

‘‘(1) I

N 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) H

OUSEHOLD WITH MORE THAN ONE ELIGIBLE MEMBER

.—

In the event a household contains two or more members deter-

mined 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) A

UTOMATIC INELIGIBILITY OF MEMBERS RECEIVING CER

TAIN 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 ineli-

gible for the allowance. If such member is receiving the allow-

ance, 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) I

NELIGIBILITY 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) A

PPLICATION BY

EMBERS

EEKING

LLOWANCE

.—

‘‘(1) I

N 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) T

IMING 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) V

OLUNTARY SUBMISSION

.—The submission of an

application under paragraph (1) is voluntary.

‘‘(4) S

CREENING OF MEMBERS FOR ELIGIBILITY

.—The Sec-

retary of Defense shall—

‘‘(A) ensure that all members of the armed forces are

screened during initial entry training and regularly there-

after for eligibility for the allowance under subsection (a);

and

Update.

Determination.

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135 STAT. 1763 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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) D

ETERMINATIONS OF

LIGIBILITY

.—

‘‘(1) I

N 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 deter-

mination.

‘‘(2) I

NFORMATION 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) E

LECTION

OT TO

ECEIVE

LLOWANCE

.—

‘‘(1) I

N 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) D

EEMED 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) S

PECIAL

ULE FOR

EMBERS

TATIONED

UTSIDE

NITED

TATES

.—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) R

EGULATIONS

.—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) E

FFECTIVE

ERIOD

.—

‘‘(1) I

MPLEMENTATION PERIOD

.—The allowance under sub-

section (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) T

ERMINATION

.—The allowance under subsection (a)

may not be paid for any month beginning after December

31, 2027.

‘‘(k) D

EFINITIONS

.—In this section:

‘‘(1) G

ROSS HOUSEHOLD INCOME

.—The term ‘gross house-

hold 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) H

OUSEHOLD

.—The term ‘household’ means a member

of the armed forces and any dependents of the member enrolled

in the Defense Enrollment Eligibility Reporting System, regard-

less of the location of those dependents.’’.

(b) S

TUDY

.—

Deadline.

Notification.

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135 STAT. 1764 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N 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 con-

sumer spending in specific geographic areas;

(iii) indicators used by the Department of Agri-

culture in market basket analyses and other measures

of local and regional food costs.

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 mem-

bers 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 mem-

bers 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 rec-

ommendation of the Secretary developed pursuant to this

paragraph.

(G) Any other information the Secretary determines

appropriate.

(2) B

RIEFING

.—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) R

EPORT

.—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) D

EFINITIONS

.—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.

EPORTS ON

FFECTS OF

LLOWANCE ON

OOD

NSECU

RITY

.—Not later than December 31, 2025, and June 1, 2028, the

Secretary of Defense shall submit to the congressional defense

Deadline.

Cost estimate.

Determination.

Analysis.

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135 STAT. 1765 PUBLIC LAW 117–81—DEC. 27, 2021

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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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) I

ENERAL

.—Subchapter II of chapter 5 of title 37, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 357. Incentive pay authorities for members of the reserve

components of the armed forces

‘‘Notwithstanding section 1004 of this title, the Secretary con-

cerned 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 per-

forming comparable work requiring comparable skills.’’.

(b) T

ECHNICAL

MENDMENT

.—The table of sections at the begin-

ning 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.’’.

EPORT

.—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) I

MPLEMENTATION

ATE

.—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) L

ODGING IN

IND FOR

ESERVE

OMPONENT

EMBERS

FORMING

RAINING

.—

(1) I

N GENERAL

.—Section 12604 of title 10, United States

Code, is amended by adding at the end the following new

subsection:

‘‘(c) L

ODGING IN

IND

.—(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 transpor-

tation allowances in connection with such duty, the Secretary con-

cerned may reimburse the member for housing service charge

Reimbursement.

Determination.

Certification.

Determination.

Cost estimate.

Plan.

37 USC 357 note.

37 USC 301 prec.

37 USC 357.

37 USC 401 prec.

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135 STAT. 1766 PUBLIC LAW 117–81—DEC. 27, 2021

expenses incurred by the member in occupying transient govern-

ment 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 Sec-

retary 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 mainte-

nance 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 govern-

ment housing at a military installation under paragraph (1) shall

be made by the installation commander.’’.

(2) C

ONFORMING AMENDMENT

.—Section 474 of title 37,

United States Code, is amended by striking subsection (i).

(b) M

ANDATORY

UARANTINE

EES FOR

OUSEHOLD

ETS

.—

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.’’.

TUDENT

EPENDENT

RANSPORTATION

.—

(1) I

N 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 voca-

tional education, if the permanent duty assignment location

of the member of the uniformed services is outside the conti-

nental 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 voca-

tional 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) D

EFINITIONS

.—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 assign-

ment 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—

Regulations.

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135 STAT. 1767 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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) D

EPENDENT

RANSPORTATION

NCIDENT TO

HIP

ONSTRUC

TION

, I

NACTIVATION

AND

VERHAULING

.—

(1) I

N 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) D

EPENDENT

RANSPORTATION

NCIDENT TO

HIP

ONSTRUC

TION

, I

NACTIVATION

AND

VERHAULING

.—The authority under sub-

section (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 perma-

nently 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 inactiva-

tion 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 Govern-

ment-procured commercial round-trip travel.’’.

(2) D

EFINITIONS

.—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 perma-

nent duty aboard a ship that is overhauling, inac-

tivating, or under construction.’’.

(e) T

ECHNICAL

ORRECTION

.—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) I

ENERAL

.—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.

Effective date.

Reimbursement.

Time periods.

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135 STAT. 1768 PUBLIC LAW 117–81—DEC. 27, 2021

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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) A

NNUAL

LIGIBILITY

ETERMINATION

ROCEDURES

.—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) R

EPORT

.—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 COMPETI-

TIVE 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

Examination.

Deadline.

Regulations.

10 USC 1401

note.

37 USC 451 prec.

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135 STAT. 1769 PUBLIC LAW 117–81—DEC. 27, 2021

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 installa-

tions 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) A

UTHORITIES

ELATING TO

ESERVE

ORCES

.—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) T

ITLE

10 A

UTHORITIES

ELATING TO

EALTH

ARE

ROFES

SIONALS

.—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.

UTHORITIES

ELATING TO

UCLEAR

FFICERS

.—Section

333(i) of title 37, United States Code, is amended by striking

‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’.

(d) A

UTHORITIES

ELATING TO

ITLE

37 C

ONSOLIDATED

PECIAL

, I

NCENTIVE

AND

ONUS

UTHORITIES

.—The following sec-

tions 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 pro-

ficiency bonus.

(9) Section 355(h), relating to retention incentives for mem-

bers qualified in critical military skills or assigned to high

priority units.

(e) A

UTHORITY TO

ROVIDE

EMPORARY

NCREASE IN

ATES

ASIC

LLOWANCE FOR

OUSING

.—Section 403(b)(7)(E) of title

Recommenda-

tions.

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135 STAT. 1770 PUBLIC LAW 117–81—DEC. 27, 2021

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) I

ENERAL

.—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 regula-

tions 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 deter-

mines 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 cir-

cumstances warranting the extended deadline.’’;

(B) by striking paragraphs (3), (8), and (10) and

redesignating paragraphs (4), (5), (6), (7), and (9) as para-

graphs (3), (4), (5), (6), and (7), respectively;

(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

Requirements.

Determination.

Time period.

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135 STAT. 1771 PUBLIC LAW 117–81—DEC. 27, 2021

(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) E

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall take effect one year after the date of the enactment

of this Act.

EGULATIONS

.—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) R

EPORTING

.—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) I

ENERAL

.—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 sub-

section, 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 bereave-

ment 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.

Time period.

Applicability.

Time period.

10 USC 701 note.

Deadline.

10 USC 701 note.

Time period.

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135 STAT. 1772 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(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) E

FFECTIVE

ATE

.—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 memo-

rial 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 LOCA-

TIONS OUTSIDE THE UNITED STATES.

(a) I

ENERAL

.—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) A

UTHORITY

.—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 dis-

tance, as determined by the Secretary concerned, of the location

of the position.

OSITION

ESCRIBED

.—A position described in this sub-

section is a competitive service position within the Department

of Defense that is located outside the United States.

(d) T

ERM OF

PPOINTMENT

.—

(1) I

N GENERAL

.—An appointment made under this section

shall be for a term not exceeding two years.

(2) R

ENEWAL

.—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) T

ERMINATION

.—An appointment made under this sec-

tion 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.

Appointments.

Assessment.

10 USC 1784

note.

Determination.

10 USC 1791

note.

10 USC 701 note.

Definition.

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135 STAT. 1773 PUBLIC LAW 117–81—DEC. 27, 2021

(e) P

AYMENT OF

RAVEL AND

RANSPORTATION

LLOWANCES

.—

Nothing in this section may be construed to authorize additional

travel or transportation allowances in connection with an appoint-

ment made under this section.

(f) R

ELATIONSHIP TO

THER

.—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 noncompeti-

tive 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) R

EPORTS

EQUIRED

.—

(1) I

N 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 indi-

vidual described in subparagraph (A) was appointed.

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 adminis-

trative action as the Secretary considers appropriate

relating to continuing or expanding the pilot program.

(2) F

INAL 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) T

ERMINATION

.—The pilot program under this section shall

terminate on December 31, 2026.

(i) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the Committee on Armed Services and the Com-

mittee on Homeland Security and Governmental Affairs

of the Senate; and

(B) the Committee on Armed Services and the Com-

mittee on Oversight and Reform of the House of Represent-

atives.

(2) S

ECRETARY CONCERNED

.—The term ‘‘Secretary con-

cerned’’—

(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

Recommenda-

tions.

Data.

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135 STAT. 1774 PUBLIC LAW 117–81—DEC. 27, 2021

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) U

NIFORMED SERVICES

.—The term ‘‘uniformed services’’

has the meaning given the term in section 101(a)(5) of title

10, United States Code.

(4) U

NITED 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; ESTABLISH-

MENT OF WORKING GROUP.

(a) C

ASUALTY

SSISTANCE

EFORM

ORKING

ROUP

.—

(1) E

STABLISHMENT

.—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) D

UTIES

.—The Working Group shall perform the fol-

lowing 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.

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 notifica-

tion 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.

Deadline.

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135 STAT. 1775 PUBLIC LAW 117–81—DEC. 27, 2021

(3) M

EMBERSHIP

.—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.

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) R

EPORT

.—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) T

ERMINATION

.—The Working Group shall terminate

upon submission of the report under paragraph (4).

(b) R

EPORT

EQUIRED

.—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.

STABLISHMENT OF

ERTAIN

EFINITIONS

.—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 D

EFINED

.—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 MAINTE-

NANCE 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 pur-

poses set forth in paragraphs (1), (2), and (3) may be supplemented

with additional funds derived from—

‘‘(A) improved management practices implemented pursu-

ant to sections 2481(c)(3), 2485(b), and 2487(c) of this title;

and

‘‘(B) the variable pricing program implemented pursuant

to subsection (i).’’.

Deadline.

Coordination.

Publication.

Regulations.

10 USC 101 note.

Review.

Assessment.

Determinations.

Recommenda-

tions.

Appointments.

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135 STAT. 1776 PUBLIC LAW 117–81—DEC. 27, 2021

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 ‘‘D

ISCOUNTED

’’ and

inserting ‘‘F

REE AND

ISCOUNTED

’’;

(B) in paragraph (2)—

(i) in the heading, by striking ‘‘D

ISABILITY DIS

COUNT

’’ and inserting ‘‘L

IFETIME PASSES

’’; and

(ii) by striking subparagraph (B) and inserting

the following:

‘‘(B) Any veteran who provides adequate proof of mili-

tary 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

(i) in the heading, by striking ‘‘G

OLD STAR FAMILIES

PARKS PASS

’’ and inserting ‘‘A

NNUAL PASSES

’’; and

(ii) by striking ‘‘members of’’ and all that follows

through the end of the sentence and inserting ‘‘mem-

bers 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

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 ben-

efits 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 main-

tenance 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.

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135 STAT. 1777 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 716. Establishment of Department of Defense system to track and record infor-

mation on vaccine administration.

Sec. 717. Exemption from required physical examination and mental health assess-

ment 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 med-

ical billets.

Sec. 732. Access by United States Government employees and their family mem-

bers 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 law-

ful 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 instal-

lations.

Sec. 739. Feasibility and advisability study on establishment of aeromedical squad-

ron 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 pro-

gram.

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 ingredi-

ents 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) E

ATING

ISORDERS

REATMENT FOR

ERTAIN

EPEND

ENTS

.—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 dis-

order under subsection (a)(18) may include the following services:

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135 STAT. 1778 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(A) Outpatient services for in-person or telehealth care,

including partial hospitalization services and intensive out-

patient services.

‘‘(B) Inpatient services, which shall include residential serv-

ices 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 resi-

dential 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 diag-

nosis 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 suc-

cessor edition), published by the American Psychiatric Association.’’.

(b) L

IMITATION

ITH

ESPECT TO

ETIREES

.—

(1) I

N 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) E

XCEPTION

.—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.’’.

DENTIFICATION AND

REATMENT OF

ATING

ISORDERS FOR

EMBERS OF THE

RMED

ORCES

.—

(1) I

N 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 sec-

tion:

‘‘§ 1090a. Identifying and treating eating disorders.

‘‘(a) I

DENTIFICATION

, T

REATMENT

AND

EHABILITATION

.—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) F

ACILITIES

VAILABLE

.—(1) In this section, the term ‘nec-

essary 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, residen-

tial services shall be provided to a member pursuant to this section

only if the member has a primary diagnosis of an eating disorder

Definition.

Regulations.

Procedures.

10 USC 1090a.

Definition.

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135 STAT. 1779 PUBLIC LAW 117–81—DEC. 27, 2021

and treatment at such facility is medically indicated for treatment

of that eating disorder.

‘‘(c) E

ATING

ISORDER

EFINED

.—In this section, the term

‘eating disorder’ has the meaning given that term in section 1079(r)

of this title.’’.

(2) C

LERICAL 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) E

FFECTIVE

ATE

.—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 fol-

lowing 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 S

ELECT

.—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 sub-

section (h):

‘‘(h) A

UTHORITY FOR

ULTIPLE

ETWORKS IN THE

AME

EOGRAPHIC

REA

.—(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 Sec-

retary may—

‘‘(A) require a covered beneficiary enrolling in TRICARE

Select to enroll in a specific provider network established pursu-

ant 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 pro-

vider network) for purposes of this section or any other provi-

sion 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 P

RIME

.—Section 1097a of such title is amended—

(1) by redesignating subsection (e) as subsection (f); and

Requirements.

10 USC 1079

note.

10 USC 1071

prec.

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135 STAT. 1780 PUBLIC LAW 117–81—DEC. 27, 2021

(2) by inserting after subsection (d) the following new sub-

section (e):

‘‘(e) A

UTHORITY FOR

ULTIPLE

ETWORKS IN THE

AME

EOGRAPHIC

REA

.—(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 Sec-

retary 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 pro-

vider is in a different TRICARE Prime provider network) for pur-

poses 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 sub-

sections:

‘‘(e) S

ELF

INITIATED

EFERRAL

ROCESS

.—(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 pro-

vider 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 pursu-

ant 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 perform-

ance, 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 evalua-

tions made pursuant to such process in a manner similar

to referrals for other medical services, to the maximum

extent practicable; and

Requirement.

Requirements.

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135 STAT. 1781 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(ii) protects the confidentiality of the member to the

maximum extent practicable, in accordance with require-

ments 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) A

NNUAL

RAINING

EQUIREMENT

.—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’’;

10 USC 1074g

note.

Determination.

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135 STAT. 1782 PUBLIC LAW 117–81—DEC. 27, 2021

(2) in subsection (b), by striking ‘‘March 1, 2021’’ and

inserting ‘‘March 1, 2022’’;

(3) by redesignating subsections (e), (f), and (g) as sub-

sections (f), (g), and (h), respectively;

(4) by inserting after subsection (d) the following new sub-

section (e):

‘‘(e) R

EIMBURSEMENT

.—If the Secretary carries out the pilot

program under subsection (a)(1), reimbursement of retail phar-

macies for medication under the pilot program may not exceed

the amount of reimbursement paid to the national mail-order phar-

macy 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 fol-

lowing new paragraph (1):

‘‘(1) B

RIEFING

.—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) C

LINICAL

RACTICE

UIDELINES FOR

OSTPARTUM

ARE IN

ILITARY

EDICAL

REATMENT

ACILITIES

.—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 provi-

sion of postpartum care in military medical treatment facilities.

Such guidelines shall take into account the recommendations of

established professional medical associations and address the fol-

lowing 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) P

OLICY ON

CHEDULING OF

PPOINTMENTS FOR

OSTPARTUM

EALTH

ARE

ERVICES

.—

(1) P

OLICY 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

Evaluations.

Consultations.

Assessments.

Deadlines.

10 USC 1071

note.

Deadline.

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135 STAT. 1783 PUBLIC LAW 117–81—DEC. 27, 2021

to which it is appropriate to facilitate concurrent scheduling

of appointments for postpartum care with appointments for

well-baby care.

(2) P

ILOT 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).

OLICY ON

OSTPARTUM

HYSICAL

ITNESS

ESTS AND

ODY

OMPOSITION

SSESSMENTS

.—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) B

RIEFING

.—Not later than 270 days after the date of enact-

ment 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 MILI-

TARY MEDICAL RESEARCH AND DEFENSE HEALTH

AGENCY RESEARCH AND DEVELOPMENT.

(a) C

ONSULTATIONS

EQUIRED

.—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 sub-

section:

‘‘(f) C

ONSULTATIONS ON

EDICAL

ESEARCH OF

ILITARY

EPARTMENTS

.—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 require-

ments for military medical research organizations and activities

of the military department.’’.

(b) R

EQUIREMENTS FOR

ONSULTATIONS

.—The Secretary of

Defense shall ensure that consultations are carried out under sec-

tion 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 Develop-

ment.

Plans.

10 USC 1073c

note.

Time period.

Plans.

Evaluation.

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135 STAT. 1784 PUBLIC LAW 117–81—DEC. 27, 2021

EADLINE FOR

NITIAL

ONSULTATIONS

.—Initial consulta-

tions shall be carried out under section 1073c(f) of title 10, United

States Code (as added by subsection (a)), with each military depart-

ment by not later than March 1, 2022.

SEC. 713. AUTHORIZATION OF PROGRAM TO PREVENT FRAUD AND

ABUSE IN THE MILITARY HEALTH SYSTEM.

(a) I

ENERAL

.—Chapter 55 of title 10, United States Code,

is amended by inserting after section 1073e the following new

section:

‘‘§ 1073f. Health care fraud and abuse prevention program

‘‘(a) P

ROGRAM

UTHORIZED

.—(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 Depart-

ment 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) C

IVIL

ONETARY

ENALTIES

.—(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 recov-

ered 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 pro-

gram 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) I

NTERAGENCY

GREEMENTS

.—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 agen-

cies, for the effective and efficient implementation of the program

authorized under subsection (a).

‘‘(d) R

ULE OF

ONSTRUCTION

.—Joint administration of the pro-

gram 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) F

RAUD AND

BUSE

EFINED

.—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) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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.’’.

10 USC 1071

prec.

Contracts.

Applicability.

10 USC 1073f.

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135 STAT. 1785 PUBLIC LAW 117–81—DEC. 27, 2021

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) A

UTHORITY OF

ECRETARY OF

EFENSE

.—

(1) I

N GENERAL

.—Chapter 55 of title 10, United States

Code, is amended by inserting after section 1104 the following

new section:

‘‘§ 1104a. Shared medical facilities with Department of Vet-

erans Affairs

‘‘(a) A

GREEMENTS

.—Secretary of Defense may enter into agree-

ments with the Secretary of Veterans Affairs for the planning,

design, and construction of facilities to be operated as shared med-

ical facilities.

‘‘(b) T

RANSFER OF

UNDS BY

ECRETARY OF

EFENSE

.—(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 sub-

section (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) T

RANSFER OF

UNDS TO

ECRETARY OF

EFENSE

.—(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 pur-

poses, 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) M

ERGER OF

MOUNTS

RANSFERRED

.—Any amount trans-

ferred 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

Contracts.

10 USC 1104a.

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135 STAT. 1786 PUBLIC LAW 117–81—DEC. 27, 2021

purposes and the same period as the appropriation or fund to

which transferred.

‘‘(e) A

PPROPRIATION IN

DVANCE

.—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) S

HARED

EDICAL

ACILITY

EFINED

.—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 struc-

ture, garage, parking facility, mechanical equipment, abutting

and covered sidewalks, and accommodations for attending per-

sonnel.’’.

(2) C

LERICAL 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) A

UTHORITY OF

ECRETARY OF

ETERANS

FFAIRS

.—

(1) I

N GENERAL

.—Chapter 81 of title 38, United States

Code, is amended by inserting after section 8111A the following

new section:

‘‘§ 8111B. Shared medical facilities with Department of

Defense

‘‘(a) A

GREEMENTS

.—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 med-

ical facilities.

‘‘(b) T

RANSFER OF

UNDS BY

ECRETARY OF

ETERANS

FFAIRS

.—(1) The Secretary of Veterans Affairs may transfer to

the Department of Defense amounts appropriated to the Depart-

ment 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 Depart-

ment 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) T

RANSFER OF

UNDS TO

ECRETARY OF

ETERANS

FFAIRS

.—(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

Contracts.

38 USC 8111B.

10 USC 1071

prec.

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135 STAT. 1787 PUBLIC LAW 117–81—DEC. 27, 2021

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) M

ERGER OF

MOUNTS

RANSFERRED

.—Any amount trans-

ferred 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) A

PPROPRIATION IN

DVANCE

.—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) S

HARED

EDICAL

ACILITY

EFINED

.—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 struc-

ture, garage, parking facility, mechanical equipment, abutting

and covered sidewalks, and accommodations for attending per-

sonnel.’’.

(2) C

LERICAL 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 fol-

lowing 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’’.

134 Stat. 3708.

38 USC 8010

prec.

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135 STAT. 1788 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 716. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SYSTEM TO

TRACK AND RECORD INFORMATION ON VACCINE ADMINIS-

TRATION.

(a) E

STABLISHMENT OF

YSTEM

.—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 sub-

section:

‘‘(a) O

VERALL

YSTEM TO

RACK AND

ECORD

ACCINE

NFORMA

TION

.—(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 Presi-

dent 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 Sec-

retary 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 inter-

operable and compatible with the electronic health record

system known as ‘MHS GENESIS’, or such successor system.’’.

(b) C

ONFORMING

MENDMENTS

.—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’’;

Determination.

Updates.

Consultation.

Coordination.

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135 STAT. 1789 PUBLIC LAW 117–81—DEC. 27, 2021

(2) in subsection (b), as redesignated by subsection (a)(1)—

(A) in the heading, by inserting ‘‘F

ROM

NTHRAX

CINE

MMUNIZATION

ROGRAM

’’ after ‘‘E

XEMPTIONS

’’ ; 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 ‘‘

NTHRAX

ACCINE

’’ after

‘‘R

EACTIONS

’’.

LERICAL

MENDMENT

.—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 im-

munization program.’’.

(d) D

EADLINE FOR

STABLISHMENT OF

YSTEM

.—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) R

EPORT

.—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 mem-

bers 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 informa-

tion from providers contracted by the Department or from a

State or local department of health is transferred to the Depart-

ment and associated with records maintained by the Secretary.

(4) Any gaps or challenges relating to the vaccine adminis-

tration process of the Department and any legislative or budg-

etary recommendations to address such gaps or challenges.

(f) D

EFINITIONS

.—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—

Recommenda-

tions.

10 USC 1110

note.

10 USC 1071

prec.

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135 STAT. 1790 PUBLIC LAW 117–81—DEC. 27, 2021

(1) in subparagraph (A), by striking ‘‘The Secretary’’ and

inserting ‘‘Except as provided in subparagraph (D), the Sec-

retary’’; 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 dis-

missed, from the armed forces.’’.

SEC. 718. AUTHORIZATION OF PROVISION OF INSTRUCTION AT UNI-

FORMED 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 Sec-

retary 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 PARTICIPA-

TION 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’’.

Definitions.

Determination.

Reimbursement.

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135 STAT. 1791 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 720. DEPARTMENT OF DEFENSE STANDARDS FOR EXEMPTIONS

FROM MANDATORY COVID–19 VACCINES.

(a) S

TANDARDS

.—The Secretary of Defense shall establish uni-

form standards under which covered members may be exempted

from receiving an otherwise mandated COVID–19 vaccine for

administrative, medical, or religious reasons.

(b) D

EFINITIONS

.—In this section:

(1) The term ‘‘covered member’’ means a member of an

Armed Force under the jurisdiction of the Secretary of a mili-

tary department.

(2) The term ‘‘COVID–19 vaccine’’ means any vaccine for

the coronavirus disease 2019 (COVID–19), including any subse-

quent booster shot for COVID–19.

SEC. 721. ESTABLISHMENT OF CENTERS OF EXCELLENCE FOR

ENHANCED TREATMENT OF OCULAR INJURIES.

(a) I

ENERAL

.—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) L

OCATION OF

ENTERS

.—Each center of excellence estab-

lished 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.

OLICIES FOR

EFERRAL OF

ENEFICIARIES

.—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) I

DENTIFICATION OF

EDICAL

ERSONNEL

ILLETS AND

TAFFING

.—The Secretary of each military department, in conjunc-

tion 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) B

RIEFING

.—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, capa-

bility, 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.

Plan.

Public

information.

Web posting.

Deadlines.

10 USC 1073d

note.

10 USC 1110

note.

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135 STAT. 1792 PUBLIC LAW 117–81—DEC. 27, 2021

(f) M

ILITARY

EDICAL

ENTER

EFINED

.—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 MANAGE-

MENT OF POPULATION HEALTH ACROSS MILITARY

HEALTH SYSTEM.

(a) I

NTEGRATED

RODUCT

.—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) C

ONSIDERATIONS IN

EVELOPMENT

.—In developing the

integrated product under subsection (a), the Secretary shall har-

monize 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 con-

sider methods to improve beneficiary interface.

EFINITIONS

.—In this section:

(1) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE pro-

gram’’ 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) D

IGITAL

EALTH

TRATEGY

.—

(1) S

TRATEGY

.—Not later than April 1, 2022, the Secretary

of Defense shall develop a digital health strategy of the Depart-

ment 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) E

LEMENTS

.—The strategy under paragraph (1) shall

address, with respect to future use within the military health

system, the following:

Deadlines.

Coordination.

Data.

10 USC 1071

note.

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135 STAT. 1793 PUBLIC LAW 117–81—DEC. 27, 2021

(A) Emerging technology to improve the delivery of

clinical care and health services.

(B) Emerging technology to improve the patient experi-

ence in matters relating to medical case management,

appointing, and referrals in both the direct care and pur-

chased care components of the TRICARE program, as such

term is defined in section 1072 of title 10, United States

Code.

care and health services.

(D) Advanced clinical decision support systems.

(E) Simulation technologies for clinical training

(including through simulation immersive training) and clin-

ical 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 tech-

nologies.

(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) B

RIEFING

.—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 esti-

mated timeline and cost for such implementation.

SEC. 724. DEVELOPMENT AND UPDATE OF CERTAIN POLICIES

RELATING TO MILITARY HEALTH SYSTEM AND

INTEGRATED MEDICAL OPERATIONS.

(a) I

ENERAL

.—By not later than October 1, 2022, the Sec-

retary of Defense, in coordination with the Secretaries of the mili-

tary 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) U

PDATED 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 Med-

ical System (NDMS)’’ (or such successor instruction) accord-

ingly. Such updated plan shall—

(A) be informed by the operational plans of the combat-

ant 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);

ualties should receive medical care under the direct care

Determination.

Risk analysis.

Coordination.

Deadlines.

10 USC 1096

note.

Plan.

Timeline.

Cost estimates.

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135 STAT. 1794 PUBLIC LAW 117–81—DEC. 27, 2021

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) U

PDATED 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 combat-

ant 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;

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 capa-

bility, and access to ports of embarkation.

(3) A

SSESSMENT OF BIOSURVEILLANCE AND MEDICAL

RESEARCH CAPABILITIES

.—The Secretary of Defense shall con-

duct 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.

and programs have the capabilities, including as a result

of the geographic location of such laboratories and pro-

grams, to provide force health protection and evidence-

based medical research, including by actively monitoring

for future pandemics, infectious diseases, and other poten-

tial 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).

Determination.

Risk assessment.

Cost estimate.

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135 STAT. 1795 PUBLIC LAW 117–81—DEC. 27, 2021

(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) I

NTERIM

RIEFING

.—Not later than April 1, 2022, the Sec-

retary of Defense, in coordination with the Secretaries of the mili-

tary 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).

EPORT

.—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 DEPART-

MENT OF DEFENSE FOR TERMS RELATED TO SUICIDE.

(a) S

TANDARDIZATION OF

EFINITIONS

.—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) R

EQUIRED

SE OF

TANDARDIZED

EFINITIONS

.—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.

RIEFING

.—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 defini-

tions as required pursuant to subsection (b).

Subtitle C—Reports and Other Matters

SEC. 731. MODIFICATIONS AND REPORTS RELATED TO MILITARY MED-

ICAL MANNING AND MEDICAL BILLETS.

(a) M

ILITARY

EDICAL

ANNING AND

EDICAL

ILLETS

.—

Plan.

Coordination.

Deadlines.

10 USC 101 note.

10 USC 1071

note.

Coordination.

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135 STAT. 1796 PUBLIC LAW 117–81—DEC. 27, 2021

(1) M

ODIFICATIONS TO LIMITATION ON REDUCTION OR

REALIGNMENT

.—Section 719 of the National Defense Authoriza-

tion 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 esti-

mates 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 MILI

TARY MEDICAL MANNING AND MEDICAL BILLETS

.—

(A) R

EPORT

.—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) E

LEMENTS

.—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 war-

time scenarios to determine military medical man-

power requirements, including with respect to pan-

demic 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) A

SSIGNMENT OF

EDICAL AND

ENTAL

ERSONNEL OF THE

ILITARY

EPARTMENTS TO

ILITARY

EDICAL

REATMENT

ACILI

TIES

.—

(1) D

EADLINE FOR ASSIGNMENT

.—The Secretaries of the

military departments shall ensure that the Surgeons General

10 USC 1073c

note.

Analysis.

Determination.

Assessments.

134 Stat. 3695.

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135 STAT. 1797 PUBLIC LAW 117–81—DEC. 27, 2021

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) A

DDITIONAL REQUIREMENT FOR WALTER REED NATIONAL

MILITARY MEDICAL CENTER

.—

(A) A

SSIGNMENT OF MILITARY PERSONNEL

.—For fiscal

years 2023 through 2027, except as provided in subpara-

graph (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) E

XCEPTION

.—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 Rep-

resentatives that notwithstanding the failure to meet the

requirement under such paragraph, the Walter Reed

National Military Medical Center is fully capable of car-

rying out all significant activities as the premier medical

center of the military health system.

(3) R

EPORTS

.—

(A) I

N 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 per-

sonnel 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) E

XPLANATION

.—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 TREAT-

MENT OF ANOMALOUS HEALTH CONDITIONS.

(a) A

SSESSMENT

.—The Secretary of Defense shall provide to

employees of the United States Government and their family mem-

bers 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) T

REATMENT

.—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

Determination.

10 USC 1071

note.

Effective dates.

Compliance.

Certification.

Time period.

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135 STAT. 1798 PUBLIC LAW 117–81—DEC. 27, 2021

to space availability, at the National Intrepid Center of Excellence,

an Intrepid Spirit Center, or an appropriate military medical treat-

ment facility, as determined by the Secretary.

EVELOPMENT OF

ROCESS

.—The Secretary of Defense, in

consultation with the heads of such Federal agencies as the Sec-

retary 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 treat-

ment facility pursuant to subsection (a) by not later than 60 days

after the date of the enactment of this Act.

(d) M

ODIFICATION OF

EPARTMENT OF

EFENSE

RAUMA

ISTRY

.—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 MILI-

TARY SERVICE ACADEMIES.

(a) P

ILOT

ROGRAM

.—The Secretary of Defense shall establish

a pilot program to furnish mandatory electrocardiograms to individ-

uals 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) S

COPE

.—The scope of the pilot program under subsection

(a) shall include at least 25 percent of the incoming class of individ-

uals 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.

URNISHING OF

LECTROCARDIOGRAMS

.—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) B

RIEFING

.—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 electrocardio-

gram furnished under the pilot program.

(e) C

OVERED

ILITARY

ERVICE

CADEMY

EFINED

.—In this

section, the term ‘‘covered military service academy’’ does not

Costs.

Deadline.

Termination

date.

Determination.

10 USC 7431

note.

Data.

Consultation.

Deadline.

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135 STAT. 1799 PUBLIC LAW 117–81—DEC. 27, 2021

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) P

ILOT

ROGRAM

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall com-

mence 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) B

RIEFINGS

.—

(1) F

IRST 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 Rep-

resentatives and the Senate a briefing on the nature of the

pilot program under subsection (a).

(2) F

INAL 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 Serv-

ices 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 appoint-

ments under the pilot program observed by health care

professionals or other individuals involved in scheduling

such appointments.

ROGRAM

EFINED

.—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) P

ROHIBITION

.—None of the funds authorized to be appro-

priated 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) W

AIVER

.—The Secretary of Defense may waive the prohibi-

tion 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, sub-

mits to the congressional defense committees a detailed jus-

tification 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;

funds;

(D) an identification of the recipient or prospective

recipient of such funds (including any third-party entity

recipient, as applicable);

Deadline.

Determination.

Assessments.

Time period.

Deadlines.

10 USC 1073

note.

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135 STAT. 1800 PUBLIC LAW 117–81—DEC. 27, 2021

(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) L

IMITATION

.—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) D

EFINITIONS

.—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 mili-

tary department.

SEC. 737. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE

COMPREHENSIVE AUTISM CARE DEMONSTRATION PRO-

GRAM.

(a) A

GREEMENT

.—

(1) I

N 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) T

IMING

.—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) A

NALYSIS BY THE

ATIONAL

CADEMIES

.—

(1) A

NALYSIS

.—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 recommenda-

tions for the Secretary based on such analysis.

(2) E

LEMENTS

.—The analysis conducted and recommenda-

tions 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 Sec-

retary 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 spec-

trum disorder.

of care adhered to in the provision of applied behavior

Reviews.

Assessment.

Determination.

Recommenda-

tions.

Deadline.

Contracts.

Time period.

10 USC 1161

note prec.

Determination.

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135 STAT. 1801 PUBLIC LAW 117–81—DEC. 27, 2021

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 indi-

vidual 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 dem-

onstration 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 appro-

priate 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.

EPORT

.—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) E

STABLISHMENT OF

OMMITTEE

.—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) M

EMBERSHIP

.—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 Sec-

retary, 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.

ELECTION OF

ILITARY

NSTALLATIONS

.—

(1) I

N 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) I

NCLUSION 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) D

UTIES

.—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

Review.

Designations.

Deadline.

Public

information.

Web posting.

List.

Recommenda-

tions.

Review.

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135 STAT. 1802 PUBLIC LAW 117–81—DEC. 27, 2021

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) C

OORDINATION

.—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) R

EPORTS

.—

(1) R

EPORT 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 con-

taining 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) R

EPORT 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) T

ERMINATION

.—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) N

ONAPPLICABILITY OF

FACA.—The Federal Advisory Com-

mittee Act (5 U.S.C. App.) shall not apply to the committee estab-

lished under subsection (a).

SEC. 739. FEASIBILITY AND ADVISABILITY STUDY ON ESTABLISHMENT

OF AEROMEDICAL SQUADRON AT JOINT BASE PEARL

HARBOR-HICKAM.

(a) S

TUDY

.—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) E

LEMENTS

.—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.

RIEFING

.—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).

Requirements.

Costs.

Assessments.

Consultation.

Hawaii.

Deadlines.

Recommenda-

tions.

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135 STAT. 1803 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 740. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS

OF THE ARMED FORCES SERVING ON ACTIVE DUTY.

(a) S

TUDY

.—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) E

LEMENTS

.—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.

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report on the findings and recommenda-

tions 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 EXPO-

SURE RECORD PROGRAM.

(a) S

TUDIES AND

EPORTS

EQUIRED

.—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

Deadline.

Time period.

Recommenda-

tions.

Assessment.

Determination.

Time period.

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135 STAT. 1804 PUBLIC LAW 117–81—DEC. 27, 2021

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) E

LEMENTS

.—The biennial studies under subsection (a) shall

include an assessment of elements as follows:

(1) I

NITIAL STUDY

.—The initial study conducted under sub-

section (a) shall assess, at a minimum, the following:

(A) Statistics relating to use of the Individual Longitu-

dinal 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 pro-

gram.

(B) Costs associated with the program, including any

cost overruns associated with the program.

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 data-

bases 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) S

UBSEQUENT STUDIES

.—Except as provided in para-

graph (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 Longitu-

dinal 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 pro-

gram; and

(B) such other elements as the Comptroller General

determines appropriate, which may include any other ele-

ment specified in paragraph (1).

(3) F

INAL STUDY

.—The final study conducted under sub-

section (a) shall assess—

Determination.

Data.

Costs.

Assessments.

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135 STAT. 1805 PUBLIC LAW 117–81—DEC. 27, 2021

(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 ele-

ment specified in paragraph (1).

CCESS BY

OMPTROLLER

ENERAL

.—

(1) I

NFORMATION AND MATERIALS

.—Upon request of the

Comptroller General, the Secretary of Defense and the Sec-

retary of Veterans Affairs shall make available to the Comp-

troller General any information or other materials necessary

for the conduct of each biennial study under subsection (a).

(2) I

NTERVIEWS

.—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) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Armed Services and the Com-

mittee on Veterans’ Affairs of the House of Representatives;

and

(B) the Committee on Armed Services and the Com-

mittee 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) S

TUDY

.—

(1) I

N 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) E

LEMENTS

.—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 require-

ment was implemented, or is currently being implemented.

ment 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) B

RIEFING AND

EPORT

.—

(1) B

RIEFING

.—Not later than May 1, 2022, the Comptroller

General shall brief the Committees on Armed Services of the

Deadline.

Evaluation.

Assessment.

List.

Determination.

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135 STAT. 1806 PUBLIC LAW 117–81—DEC. 27, 2021

Senate and the House of Representatives on the status of

the study conducted under subsection (a).

(2) R

EPORT

.—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.

OVERED

EFINED

.—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 FED-

ERAL ELECTRONIC HEALTH RECORD MODERNIZATION

OFFICE.

(a) S

TUDY

.—The Secretary of Defense, in coordination with

the Secretary of Veterans Affairs, shall conduct a study to deter-

mine—

(1) whether there is a validated need or military require-

ment 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 Indi-

vidual Longitudinal Exposure Record program of the Depart-

ment of Defense and the Department of Veterans Affairs, justify

the development of a potential joint fund.

(b) E

LEMENTS

.—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 commit-

ments for the Department of Defense and Department of Vet-

erans 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.

Assessments.

Coordination.

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135 STAT. 1807 PUBLIC LAW 117–81—DEC. 27, 2021

(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 Vet-

erans Affairs, respectively.

(5) An estimated timeline for the potential establishment

of the joint fund.

(6) The progress and accomplishments of the Federal Elec-

tronic 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).

EPORT

.—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 rec-

ommendations 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) D

EFINITIONS

.—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 Pro-

gram’’ 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 Moderniza-

tion 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 SECU-

RITY 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 pharma-

ceutical ingredients and drug products in finished dosage form

for national security purposes. Such briefing shall include a descrip-

tion of the following:

(1) The anticipated cost over the period covered by the

most recent future-years defense program submitted under sec-

tion 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 pharma-

ceutical ingredients through such a domestic production capa-

bility, as compared with the average time to produce such

Costs.

Deadline.

Requirements.

Coordination.

Recommenda-

tions.

Timeline.

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135 STAT. 1808 PUBLIC LAW 117–81—DEC. 27, 2021

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 Sec-

retary 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) B

RIEFING

.—Not later than June 1, 2022, the Under Sec-

retary 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) E

LEMENTS

.—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 defini-

tions 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 deter-

mines 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 under-

taken.

(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 dif-

ferent environments of care, such as hospitals, residential

treatment facilities, outpatient care, and other care as

appropriate;

Analyses.

Time periods.

Determinations.

Deadline.

Plan.

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135 STAT. 1809 PUBLIC LAW 117–81—DEC. 27, 2021

(B) a description of any non-catchment area care which

resulted in the nonavailability of military medical treat-

ment facility or military installation capabilities for sub-

stance use disorder treatment and the costs associated

with sending members of the Armed Forces and covered

beneficiaries to non-catchment areas for such treatment;

stance 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 deter-

mine whether substance abuse treatments are effective.

(5) The funding lines and the amount of funding the Sec-

retary 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.

EFINITIONS

.—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, AC-

QUISITION MANAGEMENT, AND RE-

LATED 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-al-

lied 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 justifica-

tion materials.

Sec. 812. Extension of demonstration project relating to certain acquisition per-

sonnel 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.

Time period.

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135 STAT. 1810 PUBLIC LAW 117–81—DEC. 27, 2021

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 mate-

rials from covered countries.

Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autono-

mous 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 ca-

pabilities 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 relat-

ing 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 Busi-

ness 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 ca-

pabilities 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 require-

ments.

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.

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135 STAT. 1811 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle A—Acquisition Policy and

Management

SEC. 801. ACQUISITION WORKFORCE EDUCATIONAL PARTNERSHIPS.

(a) I

ENERAL

.—Subchapter IV of chapter 87 of title 10,

United States Code, is amended by inserting after section 1746

the following new section:

‘‘§ 1746a. Acquisition workforce educational partnerships

‘‘(a) E

STABLISHMENT

.—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 sec-

tion 2361a of this title, with the faculty of the Defense Acquisi-

tion 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 mili-

tary department or Defense Agency, or to an extramural

institution, for not less than six months out of every five

year period.

‘‘(b) S

ENIOR

FFICIAL

.—Not later than 180 days after the enact-

ment of this section, the President of the Defense Acquisition

Deadline.

Designation.

Time periods.

Assessment.

10 USC 1746a.

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135 STAT. 1812 PUBLIC LAW 117–81—DEC. 27, 2021

University shall designate a senior official to execute activities

under this section.

‘‘(c) S

UPPORT

ROM

THER

EPARTMENT OF

EFENSE

RGANIZA

TIONS

.—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) F

UNDING

.—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) A

NNUAL

EPORTS

.—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 congres-

sional defense committees a report describing the activities con-

ducted under this section during the one-year period ending on

the date on which such report is submitted.

‘‘(f) E

XEMPTION TO

EPORT

ERMINATION

EQUIREMENTS

.—Sec-

tion 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) D

EFINITIONS

.—In this section:

‘‘(1) A

CQUISITION WORKFORCE

.—The term ‘acquisition

workforce’ has the meaning given such term in section 1705(g)

of this title.

‘‘(2) E

XTRAMURAL 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) C

LERICAL

MENDMENT

.—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) P

ROHIBITION

.—

(1) I

N GENERAL

.—Chapter 148 of title 10, United States

Code, is amended by inserting after section 2533d the following

new section:

‘‘§ 2533e. Prohibition on acquisition of personal protective

equipment and certain other items from non-

allied foreign nations

‘‘(a) I

ENERAL

.—Except as provided in subsection (c), the

Secretary of Defense may not procure any covered item from any

covered nation.

‘‘(b) A

PPLICABILITY

.—Subsection (a) shall apply to prime con-

tracts and subcontracts at any tier.

‘‘(c) E

XCEPTIONS

.—

‘‘(1) I

N GENERAL

.—Subsection (a) does not apply under the

following circumstances:

10 USC 2533e.

10 USC 1741

prec.

Time period.

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135 STAT. 1813 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(A) If the Secretary of Defense determines that cov-

ered 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 require-

ments 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) L

IMITATION

.—A proposed procurement in an amount

greater than $150,000 may not be divided into several pur-

chases or contracts for lesser amounts in order to qualify for

this exception.

‘‘(d) D

EFINITIONS

.—In this section:

‘‘(1) C

OVERED ITEM

.—The term ‘covered item’ means an

article or item of—

‘‘(A) personal protective equipment for use in pre-

venting 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) C

OVERED 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) C

LERICAL 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) F

UTURE

RANSFER

.—

(1) T

RANSFER AND REDESIGNATION

.—Section 2533e of title

10, United States Code, as added by subsection (a), is trans-

ferred 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) C

LERICAL AMENDMENTS

.—

(A) T

ARGET 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

10 USC 2531

prec.

Determination.

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135 STAT. 1814 PUBLIC LAW 117–81—DEC. 27, 2021

William M. (Mac) Thornberry National Defense Authoriza-

tion 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) O

RIGIN 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 fur-

ther amended by striking the item relating to section 2533e.

(3) E

FFECTIVE DATE

.—The transfer, redesignation, and

amendments made by this subsection shall take effect imme-

diately after the amendments made by title XVIII of the Wil-

liam M. (Mac) Thornberry National Defense Authorization Act

for Fiscal Year 2021 take effect.

(4) R

EFERENCES

;

SAVINGS PROVISION

;

RULE OF CONSTRUC

TION

.—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 amend-

ments were made under title XVIII of such Act.

SEC. 803. AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL PROD-

UCTS AND COMMERCIAL SERVICES USING GENERAL

SOLICITATION COMPETITIVE PROCEDURES.

(a) A

UTHORITY

.—

(1) I

N GENERAL

.—Chapter 140 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 2380c. Authority to acquire innovative commercial prod-

ucts and commercial services using general solici-

tation competitive procedures

‘‘(a) A

UTHORITY

.—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) T

REATMENT AS

OMPETITIVE

ROCEDURES

.—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) L

IMITATIONS

.—(1) The Secretary may not enter into a con-

tract 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 incen-

tive 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) C

ONGRESSIONAL

OTIFICATION

EQUIRED

.—(1) Not later

than 45 days after the award of a contract for an amount exceeding

Deadline.

Determination.

10 USC 2380c.

Applicability.

10 USC 2533e

note.

10 USC 2533e

note.

10 USC 2531

prec.

10 USC 4871

prec.

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135 STAT. 1815 PUBLIC LAW 117–81—DEC. 27, 2021

$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) I

NNOVATIVE

EFINED

.—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) C

LERICAL 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 serv-

ices using general solicitation competitive procedures.’’.

(3) D

ATA COLLECTION

.—

(A) I

N 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 commit-

tees on the use of the authority.

(B) P

LAN REQUIRED

.—The authority under section

2380c of title 10, United States Code, as added by para-

graph (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 congres-

sional defense committees a completed plan for carrying

out the data collection required under paragraph (1).

ONGRESSIONAL DEFENSE COMMITTEES

;

MILITARY

DEPARTMENT DEFINED

.—In this paragraph, the terms

‘‘congressional defense committees’’ and ‘‘military depart-

ment’’ have the meanings given such terms in section 101(a)

of title 10, United States Code.

(b) F

UTURE

RANSFER

.—

(1) T

RANSFER AND REDESIGNATION

.—Section 2380c of title

10, United States Code, as added by subsection (a), is trans-

ferred to chapter 247 of such title, added after section 3457,

as transferred and redesignated by section 1821(a) of the Wil-

liam M. (Mac) Thornberry National Defense Authorization Act

Time period.

Analysis.

10 USC 3458

note.

10 USC 2375

prec.

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135 STAT. 1816 PUBLIC LAW 117–81—DEC. 27, 2021

for Fiscal Year 2021 (Public Law 116–283), and redesignated

as section 3458.

(2) C

LERICAL 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) C

ONFORMING AMENDMENTS TO INTERNAL CROSS

REF

ERENCES

.—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) E

FFECTIVE 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) R

EFERENCES

;

SAVINGS PROVISION

;

RULE OF CONSTRUC

TION

.—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 amend-

ments were made under title XVIII of such Act.

EPEAL OF

BSOLETE

UTHORITY

.—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) I

ENERAL

.—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) T

ECHNICAL

MENDMENT

.—Section 1831(c)(8)(A) of the Wil-

liam 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) E

XTENSION

.—Section 2432(j) of title 10, United States Code,

is amended by striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal

year 2023’’.

(b) D

EMONSTRATION

EQUIRED

.—

10 USC 3702.

Applicability.

10 USC 3458

note.

10 USC 3458

note.

10 USC 3451

prec.

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135 STAT. 1817 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N 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 oper-

ational 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) E

LEMENTS

.—

(A) I

N 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 para-

graph (1) that can be accessed by authorized external

users, including the congressional defense committees,

for a range of covered programs across acquisition cat-

egories, 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) I

NITIAL REPORT

.—In addition to the elements

described in subparagraph (A), the first demonstration pro-

vided 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) T

ERMINATION

.—The requirements under this subsection

shall terminate upon the date on which the Secretary of Defense

submits to the congressional defense committees a written cer-

tification of the determination of the Secretary that the

reporting system referred to in paragraph (1) has achieved

full operational capability.

LANS

EQUIRED FOR

ATA

ATHERING AND

HARING

.—

(1) D

ATA REQUIRED FOR IMPROVED DECISION MAKING

.—

(A) I

N 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 man-

agers and Department of Defense leadership regarding cov-

ered programs.

(B) C

ONTENTS

.—The plan required under subpara-

graph (A) shall include—

(i) data that—

(I) address covered program progress com-

pared 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 capabili-

ties 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

Assessment.

Deadlines.

Certification.

Determination.

Deadline.

Time period.

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135 STAT. 1818 PUBLIC LAW 117–81—DEC. 27, 2021

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 termi-

nating reporting for covered programs in the reporting

system referred to in subsection (b)(1), including pro-

gram characteristics, acquisition methodology or path-

way 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) I

MPROVED DATA SHARING WITHIN THE DEPARTMENT OF

DEFENSE AND WITH OUTSIDE STAKEHOLDERS

.—

(A) I

N 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 effec-

tively share information related to covered programs.

(B) C

ONTENTS

.—The plan required under subpara-

graph (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 pro-

grams;

(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 pro-

viding data for inclusion in such reporting system and

ensuring that data is provided in a timely fashion;

(v) include the schedule and milestones for imple-

menting 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 commit-

tees 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;

Schedule.

Data.

Time period.

Updates.

Schedule.

Criteria.

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135 STAT. 1819 PUBLIC LAW 117–81—DEC. 27, 2021

(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) C

OVERED

ROGRAM

EFINED

.—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) I

ENERAL

.—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 Depart-

ment 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) R

ANKING

RITERIA

.—

(1) I

N GENERAL

.—In completing the report required under

subsection (a), each Component Acquisition Executive, in con-

sultation 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) I

NCLUSION IN REPORT

.—Each Component Acquisition

Executive shall include in the report submitted under sub-

section (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.

DDITIONAL

EPORT

LEMENTS

.—Each Component Acquisi-

tion 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) D

EFINITIONS

.—In this section:

(1) C

OMPONENT 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

Plan.

Assessment.

Consultation.

Time period.

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135 STAT. 1820 PUBLIC LAW 117–81—DEC. 27, 2021

a military department, as the Component Acquisition

Executive for that element or organization.

(2) C

OVERED 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) M

ILITARY DEPARTMENT

;

SERVICE ACQUISITION EXECU

TIVE

.—The terms ‘‘military department’’ and ‘‘service acquisi-

tion 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 PROD-

UCTS AND COMMERCIAL SERVICES.

(a) A

SSESSMENT

EQUIRED

.—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 commer-

cial 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) E

LEMENTS OF

SSESSMENT

.—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 proc-

esses to accommodate—

(A) multiple or unequal solutions; and

(B) emerging solutions that could fulfill program

requirements;

(5) the role of planning, programming, and budgeting struc-

tures 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

Reviews.

Analyses.

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135 STAT. 1821 PUBLIC LAW 117–81—DEC. 27, 2021

commercial services, and incentives and disincentives for taking

such risks; and

(10) potential reforms that do not impose additional burden-

some and time-consuming constraints on the acquisition

process.

RIEFING

.—Not later than 120 days after the date of the

enactment of this Act, the Under Secretary of Defense for Acquisi-

tion 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 under-

taken to improve compliance with the statutory preference for

commercial products and commercial services, including any rec-

ommendations 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 PREF-

ERENCE LAWS.

(a) R

EPORT

EQUIRED

.—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 cer-

tain 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) E

LEMENTS

.—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 Sec-

retary concerned.

ERTAIN

OMESTIC

REFERENCE

AWS

EFINED

.—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.

Coordination.

Time periods.

Deadline.

Compliance.

Recommenda-

tions.

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135 STAT. 1822 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle B—Amendments to General Con-

tracting Authorities, Procedures, and

Limitations

SEC. 811. CERTAIN MULTIYEAR CONTRACTS FOR ACQUISITION OF

PROPERTY: BUDGET JUSTIFICATION MATERIALS.

(a) I

ENERAL

.—Chapter 9 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 239c. Certain multiyear contracts for acquisition of prop-

erty: budget justification materials

‘‘(a) I

ENERAL

.—In the budget justification materials sub-

mitted 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) E

LEMENTS

.—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 modi-

fication 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 appro-

priated funds for advance procurement or procurement of prop-

erty planned under the multiyear contract before such cancella-

tion 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) D

EFINITIONS

.—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.’’.

Update.

Costs.

Assessments.

Proposal.

10 USC 239c.

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135 STAT. 1823 PUBLIC LAW 117–81—DEC. 27, 2021

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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 POLI-

CIES 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 infra-

structure of the Department of Defense employ for such activi-

ties 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

‘‘(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 corro-

sion 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 con-

tractor agrees to make payments to the subcontractor’’.

Definitions.

Certification.

10 USC 221 prec.

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135 STAT. 1824 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 815. MODIFICATION TO PROCUREMENT OF SERVICES: DATA ANAL-

YSIS AND REQUIREMENTS VALIDATION.

(a) I

ENERAL

.—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, com-

mand, or military installation for the budget year and the

subsequent four fiscal years in the future-years defense pro-

gram submitted to Congress under section 221.’’;

(2) by amending subsection (d) to read as follows:

‘‘(d) R

EQUIREMENTS

VALUATION

.—(1) Each Services Require-

ments 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 require-

ment 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 proce-

dures 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 guide-

lines;

‘‘(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 subse-

quent 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:

Audits.

Compliance.

Certifications.

Updates.

Guidelines.

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135 STAT. 1825 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(4) The term ‘acquisition decision authority’ means the

designated decision authority for each designated special

interest services acquisition category, described in such Depart-

ment of Defense Instruction.’’.

(b) R

EPEALS

.—

(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) I

ENERAL

.—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 subpara-

graph (A), by striking ‘‘(1)’’; and

paragraphs (1) and (2), respectively; and

(2) by amending subsection (h) to read as follows:

‘‘(h) G

UIDANCE

.—The Secretary of Defense shall issue guidance

to carry out this section.’’.

(b) C

ONFORMING

MENDMENT

.—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 TECH-

NOLOGY 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’’;

Definition.

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135 STAT. 1826 PUBLIC LAW 117–81—DEC. 27, 2021

(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) C

ONGRESSIONAL

OTICE

.—

‘‘(1) I

N GENERAL

.—Not later than 15 days after a procure-

ment 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) C

ONTENTS

.—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, tech-

nology development, or prototype for which such procure-

ment 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 DETERMINA-

TIONS.

(a) R

EQUIREMENT

.—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) C

OVERED

UTHORITIES

.—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.

YSTEMS

NGINEERING

ETERMINATIONS

.—

(1) F

IRST DETERMINATION

.—

(A) S

UCCESS 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) T

YPES OF DETERMINATIONS

.—Not later than 30 days

after the end of such period of performance, the head

Deadlines.

10 USC 4001

note.

Deadline.

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135 STAT. 1827 PUBLIC LAW 117–81—DEC. 27, 2021

of the covered entity shall make one of the following deter-

minations:

(i) A ‘‘Discontinue’’ determination, under which

such head discontinues support of the covered trans-

action and provides a rationale for such determination.

(ii) A ‘‘Retain and Extend’’ determination, under

which such head ensures continued performance of

such covered transaction and extends the period of

performance for a specified period of time in order

to achieve the success criteria described under subpara-

graph (A).

(iii) An ‘‘Endorse and Refer’’ determination, under

which such head endorses the covered transaction and

refers it to the most appropriate Service Systems

Engineering Command, based on the technical

attributes of the covered transaction and the associated

potential military applications, based on meeting or

exceeding the success criteria.

RITTEN NOTICE

.—A determination made pursuant

to subparagraph (B) shall be documented in writing and

provided to the person performing the covered transaction

to which the determination relates.

(D) F

URTHER DETERMINATION

.—If the head of a covered

entity issued a ‘‘Retain and Extend’’ determination

described in subparagraph (B)(ii), such head shall, at the

end of the extension period—

(i) issue an ‘‘Endorse and Refer’’ determination

described in subparagraph (B)(iii) if the success criteria

are met; or

(ii) issue a ‘‘Discontinue’’ determination described

in subparagraph (B)(i) if the success criteria are not

met.

(2) S

ECOND DETERMINATION

.—

(A) S

YSTEMS ENGINEERING PLAN

.—The head of the

Service Systems Engineering Command that receives a

referral from an ‘‘Endorse and Refer’’ determination

described in paragraph (1)(B)(iii) shall, not later than 30

days after receipt of such referral, formulate a systems

engineering plan with the person performing the referred

covered transaction, technical experts of the Department

of Defense, and any prospective program executive officers.

(B) E

LEMENTS

.—The systems engineering plan

required under subparagraph (A) shall include the fol-

lowing:

(i) Measurable baseline technical capability, based

on meeting the success criteria described in paragraph

(1)(A).

(ii) Measurable transition technical capability,

based on the technical needs of the prospective program

executive officers to support a current or future pro-

gram of record.

(iii) Discrete technical development activities nec-

essary to progress from the baseline technical capa-

bility to the transition technical capability, including

an approximate cost and schedule, including activities

that provide resolution to issues relating to—

(I) interfaces;

Costs.

Schedule.

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135 STAT. 1828 PUBLIC LAW 117–81—DEC. 27, 2021

(II) data rights;

(III) Federal Government technical require-

ments;

(IV) specific platform technical integration;

(V) software development;

(VI) component, subsystem, or system proto-

typing;

(VII) scale models;

(VIII) technical manuals;

(IX) lifecycle sustainment needs; and

(X) other needs identified by the relevant pro-

gram executive officer.

(iv) Identification and commitment of funding

sources to complete the activities under clause (iii).

YPES OF DETERMINATIONS

.—Not later than 30 days

after the end of the schedule required by subparagraph

(B)(iii), the head of the Service Systems Engineering Com-

mand shall make one of the following determinations:

(i) A ‘‘Discontinue’’ determination, under which

such head discontinues support of the covered trans-

action and provides a rationale for such determination.

(ii) A ‘‘Retain and Extend’’ determination, under

which such head ensures continued performance of

such covered transaction within the Service Systems

Engineering Command and extends the period of

performance for a specified period of time in order

to—

(I) successfully complete the systems

engineering plan required under subparagraph (A);

and

(II) issue specific remedial or additional activi-

ties to the person performing the covered trans-

action.

(iii) An ‘‘Endorse and Refer’’ determination, under

which such head endorses the covered transaction and

refers it to a program executive officer, based on

successful completion of the systems engineering plan

required under subparagraph (A).

(D) W

RITTEN NOTICE

.—A determination made pursuant

to subparagraph (C) shall be documented in writing and

provided to the person performing the covered transaction

to which the determination relates and any prospective

program executive officers for such covered transaction.

(E) F

URTHER DETERMINATION

.—If the head of the

Service Systems Engineering Command issued a ‘‘Retain

and Extend’’ determination described in subparagraph

(C)(ii), such head shall, at the end of the extension period—

(i) issue an ‘‘Endorse and Refer’’ determination

described in subparagraph (C)(iii) if the transition tech-

nical capability criteria are met; or

(ii) issue a ‘‘Discontinue’’ determination described

in subparagraph (B)(i) if the success criteria are not

met.

(d) P

RIORITY FOR

OVERED

RANSACTION

ELECTION

.—In

selecting a covered transaction under this section, the Secretary

shall prioritize those covered transactions that—

(1) are being initially demonstrated at a covered entity;

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135 STAT. 1829 PUBLIC LAW 117–81—DEC. 27, 2021

(2) demonstrate a high potential to be further developed

by a Service Systems Engineering Command; and

(3) demonstrate a high potential to be used in a program

of the Department of Defense.

(e) N

OTIFICATIONS

.—

(1) I

N GENERAL

.—Not later than 30 days after a covered

transaction is entered into pursuant to subsection (a), the Sec-

retary of Defense shall notify the congressional defense commit-

tees of such covered transaction.

(2) U

PDATES

.—Not later than 120 days after such a covered

transaction is entered into, and every 120 days thereafter until

the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or

(c)(2)(C)(iii) occurs, the Secretary of Defense shall provide writ-

ten updates to the congressional defense committees on the

actions being taken by the Department to comply with the

requirements of this section.

(f) B

RIEFING

EQUIRED

.—Not later than 60 days after the date

of the enactment of this Act, the Secretary of Defense shall provide

a briefing to the Committees on Armed Services of the Senate

and the House of Representatives with a detailed plan to implement

the requirements of this section.

(g) D

EFINITIONS

.—In this section:

(1) The term ‘‘covered entity’’ means—

(A) the Defense Innovation Unit;

(B) the Strategic Capabilities Office; or

(2) The term ‘‘covered transaction’’ means a transaction,

procurement, or project conducted pursuant to an authority

listed in subsection (b).

(3) The term ‘‘Service Systems Engineering Command’’

means the specific Department of Defense command that

reports through a chain of command to the head of a military

department that specializes in the systems engineering of a

system, subsystem, component, or capability area.

SEC. 824. RECOMMENDATIONS ON THE USE OF OTHER TRANSACTION

AUTHORITY.

(a) R

EVIEW AND

ECOMMENDATIONS

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense shall review

the current use, and the authorities, regulations, and policies

related to the use, of other transaction authority under sections

2371 and 2371b of title 10, United States Code, and assess

the merits of modifying or expanding such authorities with

respect to—

(A) the inclusion in such transactions for the Govern-

ment and contractors to include force majeure provisions

to deal with unforeseen circumstances in execution of the

transaction;

(B) the determination of the traditional or nontradi-

tional status of an entity based on the parent company

or majority owner of the entity;

tional status of an entity based on the status of an entity

as a qualified businesses wholly-owned through an

Employee Stock Ownership Plan;

Determination.

Assessment.

Plan.

Time period.

Compliance.

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135 STAT. 1830 PUBLIC LAW 117–81—DEC. 27, 2021

(D) the ability of the Department of Defense to award

agreements for prototypes with all of the costs of the proto-

type project provided by private sector partners of the

participant to the transaction for such prototype project,

to allow for expedited transition into follow-on production

agreements for appropriate technologies;

(E) the ability of the Department of Defense to award

agreements for procurement, including without the need

for prototyping;

(F) the ability of the Department of Defense to award

agreements for sustainment of capabilities, including with-

out the need for prototyping;

(G) the ability of the Department of Defense to award

agreements to support the organic industrial base;

(H) the ability of the Department of Defense to award

agreements for prototyping of services or acquisition of

services;

(I) the need for alternative authorities or policies to

more effectively and efficiently execute agreements with

private sector consortia;

(J) the ability of the Department of Defense to monitor

and report on individual awards made under consortium-

based other transactions; and

(K) other issues as identified by the Secretary.

(2) Q

UALIFIED BUSINESSES WHOLLY

OWNED THROUGH AN

EMPLOYEE STOCK OWNERSHIP PLAN DEFINED

.—The term ‘‘quali-

fied businesses wholly-owned through an Employee Stock

Ownership Plan’’ means an S corporation (as defined in section

1361(a)(1) of the Internal Revenue Code of 1986) for which

100 percent of the outstanding stock is held through an

employee stock ownership plan (as defined in section 4975(e)(7)

of the Internal Revenue Code).

(b) I

SSUES

DENTIFIED AND

ECOMMENDATIONS FOR

HANGES

OLICIES OR

UTHORITIES

.—In carrying out the review under

paragraph (1) of subsection (a), with respect to each issue described

in subparagraphs (A) through (K) of such paragraph, the Secretary

of Defense shall—

(1) identify relevant issues and challenges with the use

of the authority under section 2371 or 2371b of title 10, United

States Code;

(2) discuss the advantages and disadvantages of modifying

or expanding the authority under section 2371 or 2371b of

title 10, United States Code, to address issues under paragraph

(1);

(3) identify policy changes that will be made to address

issues identified under paragraph (1);

(4) make recommendations to the congressional defense

committees for new or modified statutory authorities to address

issues identified under paragraph (1); and

(5) provide such other information as determined appro-

priate by the Secretary.

EPORT

.—Not later than December 31, 2022, the Secretary

of Defense shall submit to the congressional defense committees

a report describing activities undertaken pursuant to this section,

as well as issues identified, policy changes proposed, justifications

for such proposed policy changes, and recommendations for legisla-

tive changes.

Recommenda-

tions.

Recommenda-

tions.

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135 STAT. 1831 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 825. REPORTING REQUIREMENT FOR CERTAIN DEFENSE ACQUISI-

TION ACTIVITIES.

(a) P

ROCEDURES FOR

DENTIFYING

ERTAIN

CQUISITION

GREE

MENTS AND

CTIVITIES

.—The Secretary of Defense shall establish

procedures to identify organizations performing on individual

projects under the following types of awards:

(1) Other transaction agreements pursuant to the authori-

ties under section 2371 and 2371b of title 10, United States

Code.

(2) Individual task orders awarded under a task order

contract (as defined in section 2304d of title 10, United States

Code), including individual task orders issued to a federally

funded research and development center.

(b) For initial agreements covered under subsection (a), the

procedures required under subsection (a) shall include, but not

be limited to—

(1) the participants to the transaction (other than the Fed-

eral Government);

(2) each business selected to perform work under the trans-

action by a participant to the transaction that is a consortium

of private entities;

(3) the date on which each participant entered into the

transaction;

(4) the amount of the transaction; and

(5) other related matters the Secretary deems appropriate.

under subsection (a), the procedures required under subsection

(a) shall include, but not be limited to—

(1) identification of the initial covered contract or trans-

action and each subsequent follow-on contract or transaction;

(2) the awardee;

(3) the amount;

(4) the date awarded; and

(5) other related matters the Secretary deems appropriate.

(d) The Administrator of the General Services Administration

shall update the Federal Procurement Data System (FPDS) within

180 days to collect the data required under this section.

(e) R

EPORTING

.—Not later than one year after the date of

the enactment of this Act, and not less than annually thereafter,

the Secretary of Defense shall submit to the congressional defense

committees a report on the use of agreements and activities

described in subsection (a) and associated funding.

(f) P

UBLICATION OF

NFORMATION

.—Not later than one year

after the date of enactment of this Act, the Secretary of Defense

shall establish procedures to collect information on individual agree-

ments and activities described in this section and associated funding

in an online, public, searchable database, unless the Secretary

deems such disclosure inappropriate for individual agreements

based on national security concerns.

Deadline.

Web posting.

Database.

Update.

Deadline.

Data.

10 USC 4021

note.

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135 STAT. 1832 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle D—Provisions Relating to

Software and Technology

SEC. 831. TECHNOLOGY PROTECTION FEATURES ACTIVITIES.

(a) I

ENERAL

.—Section 2357 of title 10, United States Code,

is amended—

(1) in subsection (b)—

(A) by inserting ‘‘(1)’’ before ‘‘Any’’;

(B) by adding at the end the following new paragraph:

‘‘(2) The Secretary may deem the portion of the costs of the

contractor described in paragraph (1) with respect to a designated

system as allowable independent research and development costs

under the regulations issued under section 2372 of this title if—

‘‘(A) the designated system receives Milestone B approval;

and

‘‘(B) the Secretary determines that doing so would further

the purposes of this section.’’; and

(2) in subsection (c)—

(A) by redesignating paragraph (2) as paragraph (4);

and

(B) by inserting after paragraph (1) the following new

paragraphs:

‘‘(2) The term ‘independent research and development costs’

has the meaning given the term in section 31.205-18 of title

48, Code of Federal Regulations.

‘‘(3) The term ‘Milestone B approval’ has the meaning given

the term in section 2366(e)(7) of this title.’’.

(b) C

ONFORMING

EGULATIONS

.—Not later than 120 days after

the date of the enactment of this Act, the Secretary of Defense

shall revise the Department of Defense Supplement to the Federal

Acquisition Regulation to conform with section 2357 of title 10,

United States Code, as amended by subsection (a).

SEC. 832. MODIFICATION OF ENHANCED TRANSFER OF TECHNOLOGY

DEVELOPED AT DEPARTMENT OF DEFENSE LABORA-

TORIES.

Section 801(e) of the National Defense Authorization Act for

Fiscal Year 2014 (10 U.S.C. 2514 note) is amended—

(1) by redesignating subsection (e) as subsection (f);

(2) by striking subsection (d) and inserting the following

new subsections:

‘‘(d) D

ATA

OLLECTION

.—The Secretary of Defense shall develop

and implement a plan to collect and analyze data on the use

of authority under this section for the purposes of—

‘‘(1) developing and sharing best practices; and

‘‘(2) providing information to the Secretary of Defense and

Congress on the use of authority under this section and related

policy issues.

‘‘(e) R

EPORT

.—The Secretary of Defense shall submit a report

to the congressional defense committees on the activities carried

out under this section not later than December 31, 2025.’’; and

(3) in subsection (f) (as so redesignated), by striking

‘‘December 31, 2021’’ and inserting ‘‘December 31, 2026’’.

Plan.

Analysis.

Deadline.

Revision.

10 USC 4067

note.

Definitions.

Determination.

Costs.

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135 STAT. 1833 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 833. PILOT PROGRAM ON ACQUISITION PRACTICES FOR

EMERGING TECHNOLOGIES.

(a) I

ENERAL

.—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 Acquisition and Sustainment

or the Under Secretary’s designee, shall establish a pilot program

(in this section referred to as the ‘‘Pilot Program’’) to develop and

implement unique acquisition mechanisms for emerging tech-

nologies in order to increase the speed of transition of emerging

technologies into acquisition programs or into operational use.

(b) E

LEMENTS

.—In carrying out the Pilot Program, the Under

Secretary of Defense for Acquisition and Sustainment shall—

(1) identify, and award agreements to, not less than four

new projects supporting high-priority defense modernization

activities, consistent with the National Defense Strategy, with

consideration given to—

(A) offensive missile capabilities;

(B) space-based assets;

(D) energy generation and storage; and

(E) any other area activities the Under Secretary deter-

mines appropriate;

(2) develop a unique acquisition plan for each project identi-

fied pursuant to paragraph (1) that is significantly novel from

standard Department of Defense acquisition practices, including

the use of—

(A) alternative price evaluation models;

(B) alternative independent cost estimation methodolo-

gies;

(D) continuous assessment of performance metrics to

measure project value for use in program management

and oversight;

(E) alternative intellectual property strategies,

including activities to support modular open system

approaches (as defined in section 2446a(b) of title 10,

United States Code) and reduce life-cycle and sustainment

costs; and

(F) other alternative practices identified by the Under

Secretary;

(3) execute the acquisition plans described in paragraph

(2) and award agreements in an expedited manner; and

(4) determine if existing authorities are sufficient to carry

out the activities described in this subsection and, if not, submit

to the congressional defense committees recommendations for

statutory reforms that will provide sufficient authority.

EGULATION

AIVER

.—The Under Secretary of Defense for

Acquisition and Sustainment shall establish mechanisms for the

Under Secretary to waive, upon request, regulations, directives,

or policies of the Department of Defense, a military service, or

a Defense Agency with respect to a project awarded an agreement

under the Pilot Program if the Under Secretary determines that

such a waiver furthers the purposes of the Pilot Program, unless

such waiver would be prohibited by a provision of a Federal statute

or common law.

(d) A

GREEMENT

ERMINATION

.—

Determination.

Recommenda-

tions.

Strategies.

Assessment.

Acquisition plan.

Deadline.

10 USC 4001

note.

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135 STAT. 1834 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N GENERAL

.—The Secretary of Defense may establish

procedures to terminate agreements awarded under the Pilot

Program.

(2) N

OTIFICATION REQUIRED

.—Any procedure established

under paragraph (1) shall require that, not later than 30 days

prior to the termination of any agreement under such proce-

dure, notice of such termination shall be provided to the

congressional defense committees.

(e) P

ILOT

ROGRAM

DVISORY

ROUP

.—

(1) I

N GENERAL

.—The Under Secretary of Defense for

Acquisition and Sustainment shall establish a Pilot Program

advisory group to advise the Under Secretary on—

(A) the selection, management and elements of projects

under the Pilot Program;

(B) the collection of data regarding the use of the

Pilot Program; and

gram.

(2) M

EMBERSHIP

.—

(A) I

N GENERAL

.—The members of the advisory group

established under paragraph (1) shall be appointed as fol-

lows:

(i) One member from each military department

(as defined under section 101(a) of title 10, United

States Code), appointed by the Secretary of the military

department concerned.

(ii) One member appointed by the Under Secretary

of Defense for Research and Engineering.

(iii) One member appointed by the Under Secretary

of Defense for Acquisition and Sustainment.

(iv) One member appointed by the Director of the

Strategic Capabilities Office of the Department of

Defense.

(v) One member appointed by the Director of the

Defense Advanced Research Projects Agency.

(vi) One member appointed by the Director of Cost

Assessment and Program Evaluation.

(vii) One member appointed by the Director of

Operational Test and Evaluation.

(B) D

EADLINE FOR APPOINTMENT

.—Members of the

advisory group shall be appointed not later than 30 days

after the date of the establishment of the pilot program

under subsection (a).

(3) FACA

NON

APPLICABILITY

.—The Federal Advisory Com-

mittee Act (5 U.S.C. App.) shall not apply to the advisory

group established under paragraph (1).

(f) I

NFORMATION TO

ONGRESS

.—

(1) B

RIEFING REQUIREMENT

.—Not later than 180 days after

the date of the enactment of this Act, and not less than annually

thereafter, the Secretary of Defense shall provide to the congres-

sional defense committees a briefing on activities performed

under this section.

(2) B

UDGET JUSTIFICATION MATERIALS

.—The Secretary shall

establish procedures to clearly identify all projects under the

Pilot Program in budget justification materials submitted to

Congress.

(g) D

ATA

EQUIREMENTS

.—

Deadline.

Appointments.

Establishment.

Deadline.

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135 STAT. 1835 PUBLIC LAW 117–81—DEC. 27, 2021

(1) C

OLLECTION AND ANALYSIS OF DATA

.—The Secretary

shall establish mechanisms to collect and analyze data on the

execution of the Pilot Program for the purpose of—

(A) developing and sharing best practices for achieving

goals established for the Pilot Program;

(B) providing information to the Secretary and the

congressional defense committees on the execution of the

Pilot Program; and

congressional defense committees on related policy issues.

(2) D

ATA STRATEGY REQUIRED

.—The Secretary may not

establish the Pilot Program prior to completion of a plan for—

(A) meeting the requirements of this subsection;

(B) collecting the data required to carry out an evalua-

tion of the lessons learned from the Pilot Program; and

(h) T

ERMINATION

.—The Pilot Program shall terminate on the

earlier of—

(1) the date on which each project identified under sub-

section (b)(1) has either been completed or has had all agree-

ments awarded to such project under the Pilot Program termi-

nated; or

(2) the date that is five years after the date of the enact-

ment of this Act.

SEC. 834. PILOT PROGRAM TO ACCELERATE THE PROCUREMENT AND

FIELDING OF INNOVATIVE TECHNOLOGIES.

(a) P

ILOT

ROGRAM

.—Subject to availability of appropriations,

the Secretary of Defense shall establish a competitive, merit-based

pilot program to accelerate the procurement and fielding of innova-

tive technologies by, with respect to such technologies—

(1) reducing acquisition or life-cycle costs;

(2) addressing technical risks;

(3) improving the timeliness and thoroughness of test and

evaluation outcomes; and

(4) rapidly implementing such technologies to directly sup-

port defense missions.

(b) G

UIDELINES

.—Not later than one year after the date of

the enactment of this Act, the Secretary shall issue guidelines

for the operation of the pilot program established under this section.

At a minimum such guidelines shall provide for the following:

(1) The issuance of one or more solicitations for proposals

by the Department of Defense in support of the pilot program,

with a priority established for technologies developed by small

business concerns (as defined under section 3 of the Small

Business Act (15 U.S.C. 632)) or nontraditional defense contrac-

tors (as defined under section 2302 of title 10, United States

Code).

(2) A process for—

(A) the review of proposals received in response to

a solicitation issued under paragraph (1) by the Secretary

of Defense and by each Secretary of a military department;

(B) the merit-based selection of the most promising

cost-effective proposals; and

such a proposal through contracts, cooperative agreements,

Reviews.

Deadline.

10 USC 4061

note.

Time period.

Evaluation.

Plan.

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135 STAT. 1836 PUBLIC LAW 117–81—DEC. 27, 2021

other transaction authority, or by another appropriate

process.

AXIMUM

MOUNT

.—The total amount of funding provided

for any proposal selected for an award under the pilot program

established under this section shall not exceed $50,000,000, unless

the Secretary (or designee of the Secretary) approves a greater

amount of funding.

(d) D

ATA

OLLECTION

.—

(1) P

LAN REQUIRED BEFORE IMPLEMENTATION

.—The Sec-

retary of Defense may not provide funding under this section

until the date on which the Secretary—

(A) completes a plan for carrying out the data collection

required under paragraph (2); and

(B) submits the plan to the congressional defense

committees.

(2) D

ATA COLLECTION REQUIRED

.—The Secretary of Defense

shall collect and analyze data on the pilot program established

under this section for the purposes of—

(A) developing and sharing best practices for achieving

the objectives of the pilot program;

(B) providing information on the implementation of

the pilot program and related policy issues; and

as required under subsection (e).

(e) B

IANNUAL

EPORTS

.—Not later than March 1 and September

1 of each year beginning after the date of the enactment of this

Act until the termination of the pilot program established under

this section, the Secretary of Defense shall submit to the congres-

sional defense committees a report on the pilot program.

(f) T

ERMINATION

.—The authority to carry out a pilot program

under this section shall terminate on September 30, 2027.

SEC. 835. INDEPENDENT STUDY ON TECHNICAL DEBT IN SOFTWARE-

INTENSIVE SYSTEMS.

(a) S

TUDY

EQUIRED

.—Not later than May 1, 2022, the Sec-

retary of Defense shall enter into an agreement with a federally

funded research and development center to study technical debt

in software-intensive systems, as determined by the Under Sec-

retary of Defense for Acquisition and Sustainment.

(b) S

TUDY

LEMENTS

.—The study required under subsection

(a) shall include analyses and recommendations, including action-

able and specific guidance and any recommendations for statutory

or regulatory modifications, on the following:

(1) Qualitative and quantitative measures which can be

used to identify a desired future state for software-intensive

systems.

(2) Qualitative and quantitative measures that can be used

to assess technical debt.

(3) Policies for data access to identify and assess technical

debt and best practices for software-intensive systems to make

such data appropriately available for use.

(4) Forms of technical debt which are suitable for objective

or subjective analysis.

(5) Current practices of Department of Defense software-

intensive systems to track and use data related to technical

debt.

Analyses.

Recommenda-

tions.

Deadline.

Time period.

Analysis.

Effective date.

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135 STAT. 1837 PUBLIC LAW 117–81—DEC. 27, 2021

(6) Appropriate individuals or organizations that should

be responsible for the identification and assessment of technical

debt, including the organization responsible for independent

assessments.

(7) Scenarios, frequency, or program phases during which

technical debt should be assessed.

(8) Best practices to identify, assess, and monitor the

accumulating costs technical debt.

(9) Criteria to support decisions by appropriate officials

on whether to incur, carry, or reduce technical debt.

(10) Practices for the Department of Defense to incremen-

tally adopt to initiate practices for managing or reducing tech-

nical debt.

CCESS TO

ATA AND

ECORDS

.—The Secretary of Defense

shall ensure that the federally funded research and development

center selected under subsection (a) has sufficient resources and

access to technical data, individuals, organizations, and records

necessary to complete the study required under this section.

(d) R

EPORT

EQUIRED

.—Not later than 18 months after entering

the agreement described in subsection (a), the Secretary shall

submit to the congressional defense committees a report on the

study required under subsection (b), along with any additional

information and views as desired in publicly releasable and unclassi-

fied forms. The Secretary may also include a classified annex to

the study as necessary.

(e) B

RIEFINGS

EQUIRED

.—

(1) I

NITIAL BRIEFING

.—Not later than March 1, 2022, the

Secretary of Defense shall provide a briefing to the congres-

sional defense committees on activities undertaken and planned

to conduct the study required by subsection (a), including any

barriers to conducting such activities and the resources to be

provided to conduct such activities.

(2) I

NTERIM BRIEFING REQUIRED

.—Not later than 12 months

after entering into the agreement under subsection (a), the

Secretary of Defense shall provide a briefing to the congres-

sional defense committees on interim analyses and rec-

ommendations described in subsection (b) including those that

could require modifications to guidance, regulations, or statute.

(3) F

INAL BRIEFING REQUIRED

.—Not later than 60 days

after the date on which the report required by subsection (d)

is submitted, the Secretary of Defense shall brief the congres-

sional defense committees on a plan and schedule for imple-

menting the recommendations provided in the report.

(f) T

ECHNICAL

EBT

EFINED

.—In this section, the term ‘‘tech-

nical debt’’ means an element of design or implementation that

is expedient in the short term, but that would result in a technical

context that can make a future change costlier or impossible.

SEC. 836. CADRE OF SOFTWARE DEVELOPMENT AND ACQUISITION

EXPERTS.

(a) I

ENERAL

.—Not later than January 1, 2023, the Secretary

of Defense, acting through the Under Secretary of Defense for

Acquisition and Sustainment, shall establish a cadre of personnel

who are experts in software development, acquisition, and

sustainment to improve the effectiveness of software development,

acquisition, and sustainment programs or activities of the Depart-

ment of Defense.

Deadline.

10 USC 501 note

prec.

Plan.

Schedule.

Analyses.

Deadlines.

Recommenda-

tions.

Criteria.

Assessment.

Costs.

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135 STAT. 1838 PUBLIC LAW 117–81—DEC. 27, 2021

(b) S

TRUCTURE

.—The Under Secretary of Defense for Acquisi-

tion and Sustainment—

(1) shall ensure the cadre has the appropriate number

of members;

(2) shall establish an appropriate leadership structure and

office within which the cadre shall be managed; and

(3) shall determine the appropriate officials to whom mem-

bers of the cadre shall report.

SSIGNMENT

.—The Under Secretary of Defense for Acquisi-

tion and Sustainment shall establish processes to assign members

of the cadre to provide—

(1) expertise on matters relating to software development,

acquisition, and sustainment; and

(2) support for appropriate programs or activities of the

Department of Defense.

(d) A

DMINISTRATION

.—

(1) I

N GENERAL

.—The Under Secretary of Defense for

Acquisition and Sustainment, in coordination with the Presi-

dent of the Defense Acquisition University and in consultation

with academia and industry, shall develop a career path,

including development opportunities, exchanges, talent

management programs, and training, for the cadre. The Under

Secretary may use existing personnel and acquisition authori-

ties to establish the cadre, as appropriate, including—

(A) section 9903 of title 5, United States Code;

(B) authorities relating to services contracting;

U.S.C. 4701 et seq.); and

(D) authorities relating to exchange programs with

industry.

(2) A

SSIGNMENTS

.—Civilian personnel from within the

Office of the Secretary of Defense, Joint Staff, military depart-

ments, Defense Agencies, and combatant commands may be

assigned to serve as members of the cadre.

(3) P

REFERENCE

.—In establishing the cadre, the Under Sec-

retary shall give preference to civilian employees of the Depart-

ment of Defense.

(e) S

UPPORT OF

EMBERS OF THE

RMED

ORCES

.—The Under

Secretary of Defense for Acquisition and Sustainment shall continue

to support efforts of the Secretaries concerned to place members

of the Armed Forces in software development, acquisition, and

sustainment positions and develop software competence in members

of the Armed Forces, including those members with significant

technical skill sets and experience but who lack formal education,

training, or a technology-focused military occupation specialty.

(f) F

UNDING

.—The Under Secretary of Defense for Acquisition

and Sustainment is authorized to use amounts in the Defense

Acquisition Workforce Development Account (established under sec-

tion 1705 of title 10, United States Code) for the purpose of recruit-

ment, training, and retention of members of the cadre, including

by using such amounts to pay salaries of newly hired members

of the cadre for up to three years.

(g) C

OMPLIANCE

.—In carrying out this section, the Under Sec-

retary of Defense for Acquisition and Sustainment shall ensure

compliance with applicable total force management policies, require-

ments, and restrictions provided in sections 129a, 2329, and 2461

of title 10, United States Code.

Time period.

Coordination.

Consultation.

Determination.

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135 STAT. 1839 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle E—Provisions Relating to Supply

Chain Security

SEC. 841. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE

INTEGRITY OF INDUSTRIAL BASE.

Section 2509 of title 10, United States Code is amended—

(1) in subsection (a)—

(A) by striking ‘‘existing’’; and

(B) by striking ‘‘across the acquisition process’’ and

all that follows through ‘‘in the Department’’;

(2) by striking subsections (f) and (g);

(3) by redesignating subsections (b) through (e) as sub-

sections (c) through (f), respectively;

(4) by inserting after subsection (a) the following new sub-

section:

‘‘(b) O

BJECTIVE

.—The objective of subsection (a) shall be to

employ digital tools, technologies, and approaches to ensure the

accessibility of relevant defense industrial base data to key decision-

makers in the Department.’’;

(5) in subsection (c), as so redesignated—

(A) in paragraph (1), by adding ‘‘in implementing sub-

sections (a) and (b)’’ before the period at the end; and

(B) in paragraph (2)—

(i) in subparagraph (A)(viii), by inserting ‘‘by the

Secretary of Defense’’ before the period at the end;

and

(ii) in subparagraph (B)—

(I) in the text preceding clause (i), by striking

‘‘constitute’’ and inserting ‘‘constitutes or may con-

stitute’’ ; and

(II) in clause (vii), by inserting ‘‘by the Sec-

retary of Defense’’ before the period at the end;

(6) in subsection (d)(11), as so redesignated, by adding

‘‘as deemed appropriate by the Secretary’’ before the period

at the end; and

(7) in subsection (e), as so redesignated—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking ‘‘timely’’; and

(ii) in subparagraph (B)—

(I) by striking clause (ii) and inserting the

following new clause:

‘‘(ii) A description of modern data infrastructure, tools,

and applications and an assessment of the extent to which

new capabilities would improve the effectiveness and efficiency

of mitigating the risks described in subsection (c)(2).’’; and

(II) in clause (iii), by inserting ‘‘, including

the following’’ after ‘‘provides data’’; and

(B) by striking paragraph (2) and inserting the fol-

lowing new paragraph:

‘‘(2)(A) Based on the findings pursuant to paragraph (1),

the Secretary of Defense shall develop a unified set of activities

to modernize the systems of record, data sources and collection

methods, and data exposure mechanisms. The unified set of

activities should include—

‘‘(i) the ability to continuously collect data on, assess,

and mitigate risks;

Assessment.

Records.

Data.

Assessment.

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135 STAT. 1840 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(ii) data analytics and business intelligence tools and

methods; and

‘‘(iii) continuous development and continuous delivery

of secure software to implement the activities.

‘‘(B) In connection with the assessments described in this

section, the Secretary shall develop capabilities to map supply

chains and to assess risks to the supply chain for major end

items by business sector, vendor, program, part, and other

metrics as determined by the Secretary.’’.

SEC. 842. MODIFICATION TO ANALYSES OF CERTAIN ACTIVITIES FOR

ACTION TO ADDRESS SOURCING AND INDUSTRIAL

CAPACITY.

Section 849 of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘Not later than

January 15, 2022,’’ and inserting ‘‘With respect to items

listed in paragraphs (1) through (13) of subsection (c),

not later than January 15, 2022, and with respect to items

listed in paragraphs (14) through (19) of such subsection,

not later than January 15, 2023,’’; and

(B) in paragraph (2)—

(i) by striking ‘‘The Secretary of Defense’’ and

inserting ‘‘With respect to items listed in paragraphs

(1) through (13) of subsection (c), during the 2022

calendar year, and with respect to items listed in para-

graphs (14) through (19) of such subsection, during

the 2023 calendar year’’; and

(ii) by striking ‘‘submitted during the 2022 cal-

endar year’’; and

(2) in subsection (c), by adding at the end the following

new paragraphs:

‘‘(14) Beef products.

‘‘(15) Molybdenum and molybdenum alloys.

‘‘(16) Optical transmission equipment, including optical

fiber and cable equipment.

‘‘(17) Armor on tactical ground vehicles.

‘‘(18) Graphite processing.

‘‘(19) Advanced AC–DC power converters.’’.

SEC. 843. ASSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.

(a) I

ENERAL

.—Before awarding a contract to an offeror

for the supply of fuel for any overseas contingency operation, the

Secretary of Defense shall—

(1) ensure, to the maximum extent practicable, that no

otherwise responsible offeror is disqualified for such award

on the basis of an unsupported denial of access to a facility

or equipment by the host nation government; and

(2) require assurances that the offeror will comply with

the requirements of subsections (b) and (c).

(b) R

EQUIREMENT

.—An offeror for the supply of fuel for any

overseas contingency operation shall—

(1) certify that the provided fuel, in whole or in part,

or derivatives of such fuel, is not sourced from a nation or

region prohibited from selling petroleum to the United States;

and

Certification.

Requirement.

Compliance.

10 USC 3344

note prec.

10 USC 4811

note.

Risk

assessments.

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135 STAT. 1841 PUBLIC LAW 117–81—DEC. 27, 2021

(2) furnish such records as are necessary to verify compli-

ance with such anticorruption statutes and regulations as the

Secretary determines necessary, including—

(A) the Foreign Corrupt Practices Act (15 U.S.C. 78dd–

1 et seq.);

(B) the regulations contained in parts 120 through

130 of title 22, Code of Federal Regulations, or successor

regulations (commonly known as the ‘‘International Traffic

in Arms Regulations’’);

774 of title 15, Code of Federal Regulations, or successor

regulations (commonly known as the ‘‘Export Administra-

tion Regulations’’); and

(D) such regulations as may be promulgated by the

Office of Foreign Assets Control of the Department of the

Treasury.

PPLICABILITY

.—Subsections (a) and (b) of this section shall

apply with respect to contracts entered into on or after the date

of the enactment of this Act.

(d) C

ONSIDERATION OF

RADEOFF

ROCESSES

.—If the Secretary

of Defense awards a contract for fuel procurement for an overseas

contingency operation, the contracting officer for such contract shall

consider tradeoff processes (as described in subpart 15 of the Fed-

eral Acquisition Regulation, or any successor regulation), including

consideration of past performance evaluation, cost, anticorruption

training, and compliance. With respect to any such contract awarded

for which the contracting officer does not consider tradeoff processes,

the contracting officer shall, before issuing a solicitation for such

contract, submit to the Secretary a written justification for not

considering tradeoff processes in awarding such contract.

SEC. 844. ASSESSMENT OF REQUIREMENTS FOR CERTAIN ITEMS TO

ADDRESS SUPPLY CHAIN VULNERABILITIES.

(a) D

EFINITIONS

.—In this section, the term ‘‘dual-use’’ has the

meaning given in section 2500 of title 10, United States Code.

(b) A

SSESSMENT

.—The Secretary of Defense shall assess the

requirements of the Department of Defense for dual-use items cov-

ered by section 2533a of title 10, United States Code.

OLICIES

.—The Secretary of Defense shall develop or revise

and implement relevant policies to track and reduce fluctuations

in supply chain forecasting and encourage predictable demand

requirements for annual procurements of such dual-use items by

the Office the Secretary of Defense, each military department, and

the Defense Logistics Agency.

(d) R

EPORT AND

RIEFINGS

.—

(1) A

SSESSMENT REPORT

.—

(A) I

N GENERAL

.—Not later than December 31, 2022,

the Secretary of Defense shall submit to the congressional

defense committees a report on the findings of the assess-

ment conducted under subsection (b).

(B) F

ORM

.—The report required by subparagraph (A)

shall be submitted in an unclassified form, but may include

a classified annex to the extent required to protect the

national security of the United States.

(2) Q

UARTERLY BRIEFINGS

.—

(A) I

N GENERAL

.—Not later than March 1, 2023, and

quarterly thereafter until March 1, 2026, each Secretary

Deadline.

Termination

date.

10 USC 4811

note.

Effective date.

Records.

Verification.

Compliance.

Determination.

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135 STAT. 1842 PUBLIC LAW 117–81—DEC. 27, 2021

of a military department and the Director of the Defense

Logistics Agency shall brief the Under Secretary of Defense

for Acquisition and Sustainment on the fluctuations in

supply chain forecasting and demand requirements for each

dual-use item covered by section 2533a of title 10, United

States Code.

(B) D

OCUMENTATION

.—Each briefing under subpara-

graph (A) shall be accompanied by documentation

regarding the particular points of discussion for that

briefing, including the fluctuations described in such

subparagraph, expressed as a percentage.

SEC. 845. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT

PRIORITIES.

The Secretary of Defense shall cooperate with the Secretary

of Energy to ensure that the priorities of the Department of Defense

with respect to the research and development of alternative tech-

nologies to, and methods for the extraction, processing, and recycling

of, critical minerals (as defined in section 2(b) of the National

Materials and Minerals Policy, Research, and Development Act

of 1980 (30 U.S.C. 1601(b))) are considered and included where

feasible in the associated research and development activities

funded by the Secretary of Energy pursuant to the program estab-

lished under paragraph (g) of section 7002 of division Z of the

Consolidated Appropriations Act, 2021 (Public Law 116–260).

SEC. 846. REPORT ON THE MANUFACTURING ENGINEERING EDU-

CATION PROGRAM.

(a) R

EPORT

EQUIRED

.—Not later than March 1, 2023, the

Under Secretary of Defense for Acquisition and Sustainment, in

coordination with the Under Secretary of Defense for Research

and Engineering, shall submit to the congressional defense commit-

tees a report on the Manufacturing Engineering Education Program

established under section 2196 of title 10, United States Code

(referred to in this section as the ‘‘Program’’).

(b) E

LEMENTS

.—The report required under subsection (a) shall

include the following elements for the Program:

(1) A summary of activities conducted, and grants or

awards made, during the previous fiscal year.

(2) The extent to which the Program can be modified to

improve collaboration among institutions of higher education,

career and technical education programs, workforce develop-

ment boards, labor organizations, and organizations rep-

resenting defense industrial base contractors to focus on career

pathways for individuals seeking careers in manufacturing.

(3) An assessment of the benefits and costs of enhancing

or expanding the Program to include individuals attending

secondary schools and career and technical education programs

not considered institutions of higher education.

(4) Recommendations for legislative changes or other incen-

tives that could improve career pathways for individuals

seeking careers in manufacturing, particularly in support of

the defense industrial base.

(5) Other related matters the Secretary deems appropriate.

EFINITIONS

.—In this section:

(1) The term ‘‘career and technical education’’ has the

meaning given such term in section 3 of the Carl D. Perkins

Career and Technical Education Act of 2006 (20 U.S.C. 2302).

Recommenda-

tions.

Assessment.

Costs.

Summary.

Grants.

Coordination.

30 USC 1606

note.

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135 STAT. 1843 PUBLIC LAW 117–81—DEC. 27, 2021

(2) The term ‘‘defense industrial base contractor’’ means

a prime contractor or subcontractor (at any tier) in the defense

industrial base.

(3) The term ‘‘institution of higher education’’ has the

meaning given such term in section 1001 of title 20, United

States Code.

(4) The term ‘‘labor organization’’ has the meaning given

such term in section 2 of the National Labor Relations Act

(29 14 U.S.C. 152).

(5) The term ‘‘workforce development board’’ means a State

board or a local board, as such terms are defined in section

3 of the Workforce Innovation and Opportunity Act (29 U.S.C.

3102).

SEC. 847. PLAN AND REPORT ON REDUCTION OF RELIANCE ON SERV-

ICES, SUPPLIES, OR MATERIALS FROM COVERED COUN-

TRIES.

(a) P

LAN

.—The Secretary of Defense, in consultation with the

Secretary of State, shall develop and implement a plan to—

(1) reduce the reliance of the United States on services,

supplies, or materials obtained from sources located in

geographic areas controlled by covered countries; and

(2) mitigate the risks to national security and the defense

supply chain arising from the reliance of the United States

on such sources for services, supplies, or materials to meet

critical defense requirements.

(b) R

EPORT

.—Not later than two years after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the congressional defense committees a report describing the plan

required under subsection (a).

OVERED

OUNTRY

EFINED

.—In this section, the term ‘‘cov-

ered country’’ means North Korea, China, Russia, and Iran.

SEC. 848. PROHIBITION ON CERTAIN PROCUREMENTS FROM THE

XINJIANG UYGHUR AUTONOMOUS REGION.

(a) P

ROHIBITION ON THE

VAILABILITY OF

UNDS FOR

ERTAIN

ROCUREMENTS

ROM

XUAR.—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 knowingly procure any products mined, produced, or

manufactured wholly or in part by forced labor from XUAR or

from an entity that has used labor from within or transferred

from XUAR as part of a ‘‘poverty alleviation’’ or ‘‘pairing assistance’’

program.

(b) R

ULEMAKING

.—Not later than 90 days after the date of

the enactment of this Act, the Secretary of Defense shall issue

rules to require a certification from offerors for contracts with

the Department of Defense stating the offeror has made a good

faith effort to determine that forced labor from XUAR, as described

in subsection (a), was not or will not be used in the performance

of such contract.

EFINITIONS

.—In this section:

(1) The term ‘‘forced labor’’ means all work or service

which is exacted from any person under the menace of any

penalty for its nonperformance and for which the worker does

not offer himself voluntarily.

(2) The term ‘‘person’’ means—

Deadline.

Certification.

China.

10 USC 4651

note prec.

Consultation.

10 USC 4811

note.

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135 STAT. 1844 PUBLIC LAW 117–81—DEC. 27, 2021

(A) a natural person, corporation, company, business

association, partnership, society, trust, or any other non-

governmental entity, organization, or group; or

(B) any successor, subunit, parent entity, or subsidiary

of, or any entity under common ownership or control with,

any entity described in subparagraph (A).

(3) The term ‘‘XUAR’’ means the Xinjiang Uyghur Autono-

mous Region of the People’s Republic of China.

Subtitle F—Industrial Base Matters

SEC. 851. MODIFICATIONS TO PRINTED CIRCUIT BOARD ACQUISITION

RESTRICTIONS.

(a) I

ENERAL

.—Section 2533d of title 10, United States Code,

is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘January 1, 2023’’

and inserting ‘‘the date determined under paragraph (3)’’;

and

(B) by adding at the end the following new paragraph:

‘‘(3) Paragraph (1) shall take effect on January 1, 2027.’’;

(2) in subsection (c)—

(A) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by

inserting ‘‘specified type of’’ after ‘‘means any’’;

(ii) in subparagraph (A), by striking ‘‘(as such

terms are defined under sections 103 and 103a of title

41, respectively)’’; and

(iii) by amending subparagraph (B) to read as fol-

lows:

‘‘(B) is a component of—

‘‘(i) a defense security system; or

‘‘(ii) a system, other than a defense security

system, that transmits or stores information and which

the Secretary identifies as national security sensitive

in the contract under which such printed circuit board

is acquired.’’; and

(B) by adding at the end the following new paragraphs:

‘‘(4) C

OMMERCIAL PRODUCT

;

COMMERCIAL SERVICE

;

COMMER

CIALLY AVAILABLE OFF

THE SHELF ITEM

.—The terms ‘commercial

product’, ‘commercial service’, and ‘commercially available off-

the-shelf item’ have the meanings given such terms in sections

103, 103a, and 104 of title 41, respectively.

‘‘(5) D

EFENSE SECURITY SYSTEM

.—

‘‘(A) The term ‘defense security system’ means an

information system (including a telecommunications

system) used or operated by the Department of Defense,

by a contractor of the Department, or by another organiza-

tion on behalf of the Department, the function, operation,

or use of which—

‘‘(i) involves command and control of an armed

force;

‘‘(ii) involves equipment that is an integral part

of a weapon or weapon system; or

‘‘(iii) subject to subparagraph (B), is critical to

the direct fulfillment of military missions.

Definitions.

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135 STAT. 1845 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(B) Subparagraph (A)(iii) does not include a system

that is to be used for routine administrative and business

applications (including payroll, finance, logistics, and per-

sonnel management applications).

‘‘(6) S

PECIFIED TYPE

.—The term ‘specified type’ means a

printed circuit board that is—

‘‘(A) a component of an electronic device that facilitates

the routing, connecting, transmitting or securing of data

and is commonly connected to a network, and

‘‘(B) any other end item, good, or product specified

by the Secretary in accordance with subsection (d)(2).’’;

and

(3) by amending subsection (d) to read as follows:

‘‘(d) R

ULEMAKING

.—

‘‘(1) The Secretary may issue rules providing that sub-

section (a) may not apply with respect to an acquisition of

commercial products, commercial services, and commercially

available off-the-shelf items if—

‘‘(A) the contractor is capable of meeting minimum

requirements that the Secretary deems necessary to pro-

vide for the security of national security networks and

weapon systems; including, at a minimum, compliance with

section 224 of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2302 note);

and

‘‘(B) either—

‘‘(i) the Government and the contractor have

agreed to a contract requiring the contractor to take

certain actions to ensure the integrity and security

of the item, including protecting the item from

unauthorized access, use, disclosure, disruption, modi-

fication, or destruction; or

‘‘(ii) the Secretary has determined that the con-

tractor has adopted such procedures, tools, and

methods for identifying the sources of components of

such item, based on commercial best practices, that

meet or exceed the applicable trusted supply chain

and operational security standards of the Department

of Defense.

‘‘(2) The Secretary may issue rules specifying end items,

goods, and products for which a printed circuit board that

is a component thereof shall be a specified type if the Secretary

has promulgated final regulations, after an opportunity for

notice and comment that is not less than 12 months, imple-

menting this section.

‘‘(3) In carrying out this section, the Secretary shall, to

the maximum extent practicable, avoid imposing contractual

certification requirements with respect to the acquisition of

commercial products, commercial services, or commercially

available off-the-shelf items.’’.

(b) M

ODIFICATION OF

NDEPENDENT

SSESSMENT OF

RINTED

IRCUIT

OARDS

.—Section 841(d) of the William M. (Mac)

Thornberry National Defense Authorization Act for Fiscal Year

2021 (Public Law 116–283) is amended—

(1) in paragraph (1)—

134 Stat. 3764.

Time period.

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135 STAT. 1846 PUBLIC LAW 117–81—DEC. 27, 2021

(A) by striking ‘‘the date of enactment of this Act’’

and inserting ‘‘the date of the enactment of the National

Defense Authorization Act for Fiscal Year 2022’’;

(B) by striking ‘‘shall seek to enter’’ and inserting

‘‘shall enter’’;

commercial products or services, or in’’ and inserting ‘‘to

include printed circuit boards in other commercial or’’; and

(D) by striking ‘‘the scope of mission critical’’ and all

that follows through the period at the end and inserting

‘‘types of systems, other than defense security systems

(as defined in section 2533d(c) of title 10, United States

Code), that should be subject to the prohibition in section

2533d(a) of title 10, United States Code.’’;

(2) in the heading for paragraph (2), by striking ‘‘

DEPART

MENT OF DEFENSE

’’ and inserting ‘‘D

EPARTMENT OF DEFENSE

’’;

(3) in paragraph (2), by striking ‘‘one year after entering

into the contract described in paragraph (1)’’ and inserting

‘‘January 1, 2023’’;

(4) in the heading for paragraph (3), by striking ‘‘

CONGRESS

’’

and inserting ‘‘C

ONGRESS

’’; and

(5) in paragraph (3), by inserting after ‘‘the recommenda-

tions of the report.’’ the following: ‘‘The Secretary shall use

the report to determine whether any systems, other than

defense security systems (as defined in section 2533d(c) of

title 10, United States Code), or other types of printed circuit

boards should be subject to the prohibition in section 2533d(a)

of title 10, United States Code.’’.

SEC. 852. MODIFICATION OF PILOT PROGRAM FOR DEVELOPMENT OF

TECHNOLOGY-ENHANCED CAPABILITIES WITH PARTNER-

SHIP INTERMEDIARIES.

Section 851 of the National Defense Authorization Act for Fiscal

Year 2020 (Public Law 116–92; 133 Stat. 1510; 10 U.S.C. 2283

note) is amended to read as follows:

‘‘SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-

ENHANCED CAPABILITIES WITH PARTNERSHIP INTER-

MEDIARIES.

‘‘(a) E

STABLISHMENT

.—The Secretary of Defense may authorize

the Commander of the United States Special Operations Command

to use funds described in subsection (b) for a pilot program under

which the Commander shall make, through the use of a partnership

intermediary, covered awards to small business concerns to develop

technology-enhanced capabilities for special operations forces.

‘‘(b) F

UNDS

.—

‘‘(1) I

N GENERAL

.—The funds described in this subsection

are funds transferred to the Commander of the United States

Special Operations Command to carry out the pilot program

established under this section from funds available to be

expended by each covered entity pursuant to section 9(f) of

the Small Business Act (15 U.S.C. 638(f)).

‘‘(2) L

IMITATIONS

.—

‘‘(A) F

ISCAL YEAR

.—A covered entity may not transfer

to the Commander an amount greater than 10 percent

of the funds available to be expended by such covered

entity pursuant to such section 9(f) for a fiscal year.

Determination.

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135 STAT. 1847 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(B) A

GGREGATE AMOUNT

.—The aggregate amount of

funds to be transferred to the Commander may not exceed

$20,000,000.

‘‘(c) P

ARTNERSHIP

NTERMEDIARIES

.—

‘‘(1) A

UTHORIZATION

.—The Commander may modify an

existing agreement with a partnership intermediary to assist

the Commander in carrying out the pilot program under this

section, including with respect to the award of contracts and

agreements to small business concerns.

‘‘(2) L

IMITATION

.—None of the funds described in subsection

(b) may be used to pay a partnership intermediary for any

costs associated with the pilot program.

‘‘(3) D

ATA

.—With respect to a covered award made under

this section, the Commander shall gather data on the role

of the partnership intermediary to include the—

‘‘(A) staffing structure;

‘‘(B) funding sources; and

‘‘(C) methods for identifying and evaluating small busi-

ness concerns eligible for a covered award.

‘‘(d) R

EPORT

.—

‘‘(1) A

NNUAL REPORT

.—Not later than October 1 of each

year until October 1, 2026, the Commander of the United

States Special Operations Command, in coordination with the

Under Secretary of Defense for Research and Engineering, shall

submit to the congressional defense committees, the Committee

on Small Business of the House of Representatives, and the

Committee on Small Business and Entrepreneurship of the

Senate a report including—

‘‘(A) a description of each agreement with a partnership

intermediary entered into pursuant to this section;

‘‘(B) for each covered award made under this section—

‘‘(i) a description of the role served by the partner-

ship intermediary;

‘‘(ii) the amount of funds obligated;

‘‘(iii) an identification of the small business concern

that received such covered award;

‘‘(iv) a description of the use of such covered award;

‘‘(v) a description of the role served by the program

manager (as defined in section 1737 of title 10, United

States Code) of the covered entity with respect to the

small business concern that received such covered

award, including a description of interactions and the

process of the program manager in producing a past

performance evaluation of such concern; and

‘‘(vi) the benefits achieved as a result of the use

of a partnership intermediary for the pilot program

established under this section as compared to previous

efforts of the Commander to increase participation by

small business concerns in the development of tech-

nology-enhanced capabilities for special operations

forces; and

‘‘(C) a plan detailing how each covered entity will apply

lessons learned from the pilot program to improve processes

for directly working with and supporting small business

concerns to develop technology-enhanced capabilities for

special operations forces.

Plan.

Coordination.

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135 STAT. 1848 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(2) F

INAL REPORT

.—The final report required under this

subsection shall include, along with the requirements of para-

graph (1), a recommendation regarding—

‘‘(A) whether and for how long the pilot program estab-

lished under this section should be extended; and

‘‘(B) whether to increase funding for the pilot program,

including a justification for such an increase.

‘‘(e) T

ERMINATION

.—The authority to carry out a pilot program

under this section shall terminate on September 30, 2025.

‘‘(f) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘covered award’ means an award made under

the Small Business Innovation Research Program.

‘‘(2) The term ‘covered entity’ means—

‘‘(A) the Army;

‘‘(B) the Navy;

‘‘(C) the Air Force;

‘‘(D) the Marine Corps;

‘‘(E) the Space Force; and

‘‘(F) any element of the Department of Defense that

makes awards under the Small Business Innovation

Research Program.

‘‘(3) The term ‘partnership intermediary’ has the meaning

given the term in section 23(c) of the Stevenson-Wydler Tech-

nology Innovation Act of 1980 (15 U.S.C. 3715(c)).

‘‘(4) The term ‘small business concern’ has the meaning

given the term under section 3 of the Small Business Act

(15 U.S.C. 632).

‘‘(5) The term ‘Small Business Innovation Research Pro-

gram’ has the meaning given the term in section 9(e) of the

Small Business Act (15 U.S.C. 638(e)).

‘‘(6) The term ‘technology-enhanced capability’ means a

product, concept, or process that improves the ability of a

member of the Armed Forces to achieve an assigned mission.’’.

SEC. 853. ADDITIONAL TESTING OF COMMERCIAL E-COMMERCE

PORTAL MODELS.

Section 846(c) of the National Defense Authorization Act for

Fiscal Year 2018 (41 U.S.C. 1901 note) is amended by adding

at the end the following new paragraphs:

‘‘(5) A

DDITIONAL TESTING

.—Not later than 180 days after

the date of the enactment of this paragraph, the Administrator

shall—

‘‘(A) begin testing commercial e-commerce portal

models (other than any such model selected for the initial

proof of concept) identified pursuant to paragraph (2); and

‘‘(B) submit to the congressional defense committees,

the Committee on Oversight and Reform of the House

of Representatives, and the Committee on Homeland Secu-

rity and Governmental Affairs of the Senate a report that

includes—

‘‘(i) a summary of the assessments conducted under

paragraph (2) with respect to a commercial e-commerce

portal model identified pursuant to such paragraph;

‘‘(ii) a list of the types of commercial products

that could be procured using models tested pursuant

to subparagraph (A);

List.

Summary.

Assessments.

Reports.

Deadline.

Recommenda-

tions.

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135 STAT. 1849 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(iii) an estimate of the amount that could be spent

by the head of a department or agency under the

program, disaggregated by type of commercial e-com-

merce portal model; and

‘‘(iv) an update on the models tested pursuant

to subparagraph (A) and a timeline for completion

of such testing.

‘‘(6) R

EPORT

.—Upon completion of testing conducted under

paragraph (5) and before taking any action with respect to

the commercial e-commerce portal models tested, the Adminis-

trator of General Services shall submit to the congressional

defense committees, the Committee on Oversight and Reform

of the House of Representatives, and the Committee on Home-

land Security and Governmental Affairs of the Senate, a report

on the results of such testing that includes—

‘‘(A) an assessment and comparison of commercial e-

commerce portal models with respect to—

‘‘(i) price and quality of the commercial products

supplied by each commercial e-commerce portal model;

‘‘(ii) supplier reliability and service;

‘‘(iii) safeguards for the security of Government

information and third-party supplier proprietary

information;

‘‘(iv) protections against counterfeit commercial

products;

‘‘(v) supply chain risks, particularly with respect

to complex commercial products; and

‘‘(vi) overall adherence to Federal procurement

rules and policies; and

‘‘(B) an analysis of the costs and benefits of the conven-

ience to the Federal Government of procuring commercial

products from each such commercial e-commerce portal

model.’’.

SEC. 854. REQUIREMENT FOR INDUSTRY DAYS AND REQUESTS FOR

INFORMATION TO BE OPEN TO ALLIED DEFENSE CON-

TRACTORS.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, each service acquisition executive shall

implement a requirement that industry days and requests for

information regarding acquisition programs and research and

development efforts of the Department of Defense shall, to the

maximum extent practicable, be open to defense contractors of

the national technology and industrial base, including when such

contractors are acting as subcontractors in partnership with a

United States contractor, provided such access is granted only if

the Secretary of Defense or the relevant Secretary concerned deter-

mines that there is reciprocal access for United States companies

to equivalent information related to contracting opportunities in

the associated country that is part of the national technology and

industrial base.

(b) D

EFINITIONS

.—In this section:

(1) N

ATIONAL TECHNOLOGY AND INDUSTRIAL BASE

.—The

term ‘‘national technology and industrial base’’ has the meaning

given the term in section 2500 of title 10, United States Code.

(2) S

ECRETARY CONCERNED

;

SERVICE ACQUISITION EXECU

TIVE

.—The terms ‘‘Secretary concerned’’ and ‘‘service acquisition

Deadline.

Determination.

10 USC 4811

note.

Analysis.

Assessment.

Update.

Estimate.

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135 STAT. 1850 PUBLIC LAW 117–81—DEC. 27, 2021

executive’’ have the meanings given such terms in section 101(a)

of title 10, United States Code.

SEC. 855. EMPLOYMENT TRANSPARENCY REGARDING INDIVIDUALS

WHO PERFORM WORK IN THE PEOPLE’S REPUBLIC OF

CHINA.

(a) D

ISCLOSURE

EQUIREMENTS

.—

(1) I

NITIAL DISCLOSURES

.—The Secretary of Defense shall

require each covered entity to disclose to the Secretary of

Defense if the entity employs one or more individuals who

will perform work in the People’s Republic of China on a

covered contract when the entity submits a bid or proposal

for such covered contract, except that such disclosure shall

not be required to the extent that the Secretary determines

that such disclosure would not be in the interest of national

security.

(2) R

ECURRING DISCLOSURES

.—For each of fiscal years 2023

and 2024, the Secretary of Defense shall require each covered

entity that is a party to one or more covered contracts in

the fiscal year to disclose to the Secretary if the entity employs

one or more individuals who perform work in the People’s

Republic of China on any such contract.

(3) M

ATTERS TO BE INCLUDED

.—If a covered entity required

to make a disclosure under paragraph (1) or (2) employs any

individual who will perform work in the People’s Republic of

China on a covered contract, such disclosure shall include—

(A) the total number of such individuals who will per-

form work in the People’s Republic of China on the covered

contracts funded by the Department of Defense; and

(B) a description of the physical presence in the Peo-

ple’s Republic of China where work on the covered contract

will be performed.

(b) F

UNDING FOR

OVERED

NTITIES

.—The Secretary of Defense

may not award a covered contract to, or renew a covered contract

with, a covered entity unless such covered entity has submitted

each disclosure such covered entity is required to submit under

subsection (a).

EMI

ANNUAL

RIEFING

.—Beginning on January 1, 2023,

the Secretary of Defense shall provide to the congressional defense

committees semi-annual briefings that summarize the disclosures

received by the Department over the previous 180 days pursuant

to this section, and such briefings may be classified.

(d) D

EFINITIONS

.—In this section:

(1) C

OVERED CONTRACT

.—The term ‘‘covered contract’’

means any Department of Defense contract or subcontract with

a value in excess of $5,000,000, excluding contracts for commer-

cial products or services.

(2) C

OVERED ENTITY

.—The term ‘‘covered entity’’ means

any corporation, company, limited liability company, limited

partnership, business trust, business association, or other

similar entity, including any subsidiary thereof, performing

work on a covered contract in the People’s Republic of China,

including by leasing or owning real property used in the

performance of the covered contract in the People’s Republic

of China.

(e) E

FFECTIVE

ATE

.—This section shall take effect on July

1, 2022.

Effective date.

Summaries.

Time period.

Determination.

Contracts.

10 USC 4651

note prec.

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135 STAT. 1851 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 856. BRIEFING ON COMPLIANCE WITH CONTRACTOR LOBBYING

RESTRICTIONS.

(a) B

RIEFING

EQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense shall

provide the congressional defense committees with a briefing on

the progress of the Department in ensuring compliance with the

requirements of section 1045 of the National Defense Authorization

Act for Fiscal Year 2018 (10 U.S.C. 971 note prec; Public Law

115-91; 131 Stat. 155).

(b) E

LEMENTS

.—The briefing required in paragraph (a) shall

include—

(1) the number, title, and status of any open Defense Fed-

eral Acquisition Regulation Supplement case relating to such

section;

(2) the timeline for closing any such Defense Federal

Acquisition Regulation Supplement case; and

(3) other related matters the Secretary deems appropriate.

SEC. 857. CONGRESSIONAL OVERSIGHT OF PERSONNEL AND CON-

TRACTS OF PRIVATE SECURITY CONTRACTORS.

(a) R

EPORT ON

CTIONS

AKEN TO

MPLEMENT

OVERNMENT

CCOUNTABILITY

FFICE

ECOMMENDATIONS

.—Not later than

October 1, 2022, the Secretary of Defense, in consultation with

each Secretary of a military department (as defined in section

101 of title 10, United States Code), shall submit to the congres-

sional defense committees a report on the efforts and plans of

the Department of Defense to implement the recommendations

contained in the report of the Government Accountability Office

titled ‘‘Private Security Contractors: DOD Needs to Better Identify

and Monitor Personnel and Contracts’’ (GAO–21–255), dated July

29, 2021.

(b) C

ONTENTS

.—The report required by subsection (a) shall

include—

(1) a summary of the actions planned or taken by the

Secretary of Defense to implement the recommendations in

the report of the Government Accountability Office described

in such subsection; and

(2) a schedule for completing the implementation of each

such recommendation, including specific milestones for such

implementation.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form but may include a classified annex.

Subtitle G—Small Business Matters

SEC. 861. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC

INFLATION ADJUSTMENTS TO THE ACQUISITION-RELATED

DOLLAR THRESHOLD.

(a) I

ENERAL

.—Section 1908(b)(2) of title 41, United States

Code, is amended—

(1) in subparagraph (B), by striking ‘‘or’’ at the end;

(2) in subparagraph (C), by striking the period at the

end and inserting ‘‘; or’’; and

(3) by adding at the end the following new subparagraph:

‘‘(D) in sections 3131 through 3134 of title 40, except

any modification of any such dollar threshold made by

Schedule.

Summary.

Consultation.

Reports.

Recommenda-

tions.

Timeline.

Deadline.

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135 STAT. 1852 PUBLIC LAW 117–81—DEC. 27, 2021

regulation in effect on the date of the enactment of this

subparagraph shall remain in effect.’’.

(b) T

ECHNICAL

MENDMENT

.—Section 1908(d) of such title is

amended by striking the period at the end.

SEC. 862. MODIFICATION TO THE PILOT PROGRAM FOR STREAMLINING

AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS.

(a) E

XTENSION

.—Subsection (f) of section 873 of the National

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–

92; 10 U.S.C. 2306a note) is amended by striking ‘‘October 1,

2022’’ and inserting ‘‘October 1, 2024’’.

(b) D

ATA

OLLECTION

.—The Secretary of Defense shall develop

and implement a plan to collect and analyze data on the use

of authority under such section 873 for the purposes of—

(1) developing and sharing best practices; and

(2) providing information to the Secretary of Defense and

Congress on the use of authority under such section 873 and

related policy issues.

ECOMMENDATION ON

XTENSION

.—Not later than April 1,

2023, the Secretary of Defense shall submit to the congressional

defense committees a recommendation regarding a further extension

of the pilot program for streamlining awards for innovative tech-

nology projects established under such section 873, and if applicable,

the duration of any such extension.

SEC. 863. PROTESTS AND APPEALS RELATING TO ELIGIBILITY OF BUSI-

NESS CONCERNS.

Section 5(i) of the Small Business Act (15 U.S.C. 634(i)) is

amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new para-

graph:

‘‘(4) D

ETERMINATIONS REGARDING STATUS OF CONCERNS

.—

‘‘(A) I

N GENERAL

.—Not later than 2 days after the

date on which a final determination that a business concern

does not meet the requirements of the status such concern

claims to hold is made, such concern or the Administrator,

as applicable, shall update the status of such concern in

the System for Award Management (or any successor

system).

‘‘(B) A

DMINISTRATOR UPDATES

.—If such concern fails

to update the status of such concern as described in

subparagraph (A), not later than 2 days after such failure

the Administrator shall make such update.

‘‘(C) N

OTIFICATION

.—A concern required to make an

update described under subparagraph (A) shall notify a

contracting officer for each contract with respect to which

such concern has an offer or bid pending of the determina-

tion made under subparagraph (A), if the concern finds,

in good faith, that such determination affects the eligibility

of the concern to perform such a contract.’’.

SEC. 864. AUTHORITY FOR THE OFFICE OF HEARINGS AND APPEALS

TO DECIDE APPEALS RELATING TO QUALIFIED HUBZONE

SMALL BUSINESS CONCERNS.

Not later than 1 year after the date of the enactment of this

Act, the Administrator of the Small Business Administration shall

issue a rule authorizing the Office of Hearings and Appeals of

Deadline.

Regulations.

15 USC 634 note.

Update.

Deadlines.

Deadline.

Plan.

10 USC 3702

note.

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135 STAT. 1853 PUBLIC LAW 117–81—DEC. 27, 2021

the Administration to decide all appeals from formal protest deter-

minations in connection with the status of a concern as a qualified

HUBZone small business concern (as such term is defined in section

31(b) of the Small Business Act (15 U.S.C. 657a(b)).

SEC. 865. REPORT ON UNFUNDED PRIORITIES OF THE SMALL BUSI-

NESS INNOVATION RESEARCH AND SMALL BUSINESS

TECHNOLOGY TRANSFER PROGRAM.

(a) I

ENERAL

.—Not later than 10 days after the date on

which the budget of the President for fiscal years 2022 through

2032 is submitted to Congress pursuant to section 1105 of title

31, United States Code, each Secretary of a military department

and the Under Secretary of Defense for Research and Engineering

shall submit to the Secretary of Defense, the Chairman of the

Joint Chiefs of Staff, and the congressional defense committees

a report on unfunded priorities of the Department of Defense related

to high-priority Small Business Innovation Research and Small

Business Technology Transfer projects.

(b) E

LEMENTS

.—

(1) I

N GENERAL

.—Each report under subsection (a) shall

include identification of not more than five unfunded priority

projects and the following information for each such unfunded

priority project:

(A) A summary description of the unfunded priority

project, including the objectives to be achieved if such

project were to be funded (either in whole or in part).

(B) The additional amount of funds recommended to

achieve the objectives identified under subparagraph (A).

priority project, including, as applicable, the following:

(i) Line item number, in the case of applicable

procurement accounts.

(ii) Program element number, in the case of

applicable research, development, test, and evaluation

accounts.

(iii) Subactivity group, in the case of applicable

operation and maintenance accounts.

(2) P

RIORITY

.—Each Secretary of a military department

and the Under Secretary of Defense for Research and

Engineering shall ensure that the unfunded priorities covered

by a report submitted under subsection (a) are listed in the

order of urgency of priority.

EFINITIONS

.—In this section:

(1) U

NFUNDED PRIORITY

.—The term ‘‘unfunded priority’’,

with respect to a fiscal year, means a specific project related

to a project successfully funded under Phase II of the Small

Business Innovation Research or Small Business Technology

Transfer program that—

(A) is not funded in the budget of the President for

that fiscal year, as submitted to Congress pursuant to

section 1105 of title 31, United States Code;

(B) has the potential to—

(i) advance the national security capabilities of

the United States;

(ii) provide new technologies or processes, or new

applications of existing technologies or processes, that

will enable new alternatives to existing programs; and

Time period.

10 USC 4901

note.

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135 STAT. 1854 PUBLIC LAW 117–81—DEC. 27, 2021

(iii) provide future cost savings; and

the budget referred to in subparagraph (A) if—

(i) additional resources had been available to fund

the program, activity, or mission requirement to which

the specific project relates; or

(ii) the program, activity, or mission requirement

for such specific project had emerged before the budget

was formulated.

(2) P

HASE II

;

SMALL BUSINESS INNOVATION RESEARCH

;

SMALL

BUSINESS TECHNOLOGY TRANSFER

.—The terms ‘‘Phase II’’,

‘‘Small Business Innovation Research’’, and ‘‘Small Business

Technology Transfer’’ have the meanings given such terms,

respectively, in section 9(e) of the Small Business Act (15 U.S.C.

638(e)).

SEC. 866. REPORT ON CYBERSECURITY MATURITY MODEL CERTIFI-

CATION EFFECTS ON SMALL BUSINESS.

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, the Committee on Small Business and

Entrepreneurship of the Senate, and the Committee on Small Busi-

ness of the House of Representatives a report on the effects of

the Cybersecurity Maturity Model Certification framework of the

Department of Defense on small business concerns (as defined

under section 3 of the Small Business Act (15 U.S.C. 632),

including—

(1) the estimated costs of complying with each level of

the framework based on verified representative samples of

actual costs of compliance small business concerns and an

explanation of how these costs will be recoverable by such

small business concerns;

(2) the estimated change in the number of small business

concerns that are part of the defense industrial base resulting

from the implementation and use of the framework;

(3) explanations of how the Department of Defense will—

(A) mitigate negative effects to such small business

concerns resulting from the implementation and use of

the framework;

(B) ensure small business concerns are trained on the

requirements for passing a third-party assessment, self-

assessment, or Government-assessment, as applicable, for

compliance with the relevant level of the framework; and

tional defense contractors (as defined under section 2302

of title 10, United States Code) to enable such concerns

and contractors to bid on and win contracts with the

Department without first having to risk funds on costly

security certifications; and

(4) the plan of the Department for conducting oversight

of third parties conducting assessments of compliance with

the applicable protocols under the framework.

SEC. 867. DATA ON PHASE III SMALL BUSINESS INNOVATION

RESEARCH AND SMALL BUSINESS TECHNOLOGY

TRANSFER PROGRAM AWARDS.

(a) D

EFINITIONS

.—In this section, the terms ‘‘Phase I’’, ‘‘Phase

II’’, ‘‘Phase III’’, ‘‘SBIR’’, and ‘‘STTR’’ have the meanings given

10 USC 221 note.

Plan.

Estimate.

Cost estimate.

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135 STAT. 1855 PUBLIC LAW 117–81—DEC. 27, 2021

those terms in section 9(e) of the Small Business Act (15 U.S.C.

638(e)).

(b) D

ATA ON

HASE

III A

WARDS

.—Each Secretary of a military

department (as defined in section 101 of title 10, United States

Code) shall collect and submit to the President for inclusion in

each budget submitted to Congress under section 1105 of title

31, United States Code, data on the Phase III awards under the

SBIR and STTR programs of the military department of the Sec-

retary for the immediately preceding fiscal year, including—

(1) the cumulative funding amount for Phase III awards;

(2) the number of Phase III award topics;

(3) the total funding obligated for Phase III awards by

State;

(4) the original Phase I or Phase II award topics and

the associated Phase III contracts awarded;

(5) where possible, an identification of the specific program

executive office involved in each Phase III transition; and

(6) a list of the five highest performing projects, as deter-

mined by the Secretary.

Subtitle H—Other Matters

SEC. 871. MISSION MANAGEMENT PILOT PROGRAM.

(a) I

ENERAL

.—Subject to the availability of appropriations,

the Secretary of Defense shall establish a pilot program to identify

lessons learned and improved mission outcomes achieved by quickly

delivering solutions that fulfill critical operational needs arising

from cross-service missions undertaken by combatant commands

through the use of a coordinated and iterative approach to develop,

evaluate, and transition such solutions.

(b) M

ISSIONS

ELECTION

.—

(1) I

N GENERAL

.—Except as provided in paragraph (3), the

Deputy Secretary of Defense shall select missions with respect

to which to carry out the pilot program.

(2) S

ELECTION CRITERIA

.—When selecting missions under

paragraph (1), the Deputy Secretary of Defense shall—

(A) select missions with critical cross-service oper-

ational needs; and

(B) consider—

(i) the strategic importance of the critical cross-

service operational needs to the operational plans of

the relevant combatant commands; and

(ii) the advice of key stakeholders, including the

Joint Staff, regarding mission selection.

(3) I

NITIAL MISSION

.—

(A) I

N GENERAL

.—Not later than four months after

the date of the enactment of this section, the Director

of the Strategic Capabilities Office shall select the initial

mission under the pilot program that has critical cross-

service operational needs and which is of strategic impor-

tance to the operational plans of the United States Indo-

Pacific Command.

(B) R

ESPONSIBILITY

.—The mission selected under

subparagraph (A) shall be established within the Strategic

Capabilities Office of the Department of Defense, in

Deadline.

Evaluation.

10 USC 191 note.

List.

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135 STAT. 1856 PUBLIC LAW 117–81—DEC. 27, 2021

coordination with the Office of the Under Secretary of

Defense for Research and Engineering.

ISSION SELECTION APPROVAL

.—The mission

selected by the Director of the Strategic Capabilities Office

under subparagraph (A) shall be subject to the approval

of the Technology Cross-Functional Team of the Strategic

Capabilities Office that is chaired by the Under Secretary

of Defense for Research and Engineering.

ISSION

ANAGERS

.—

(1) I

N GENERAL

.—A mission manager shall carry out the

pilot program with respect to each mission.

(2) R

ESPONSIBILITIES

.—With respect to each mission, the

relevant mission manager shall—

(A) identify critical cross-service, cross-program, and

cross-domain operational needs by enumerating the options

available to the combatant command responsible for car-

rying out such mission and determining the resiliency of

such options to threats from adversaries;

(B) in coordination with the military services and

appropriate Defense Agencies and Field Activities, develop

and deliver solutions, including software and information

technology solutions and other functionalities unaligned

with any one weapon system of a covered Armed Service,

to—

(i) fulfill critical cross-service, cross-program, and

cross-domain operational needs; and

(ii) address future changes to existing critical

cross-service, cross-program, and cross-domain oper-

ational needs by providing additional capabilities;

for such mission and the related planning organizers, pro-

gram managers of a covered Armed Force, and defense

research and development activities to carry out iterative

testing and support to initial operational fielding of the

solutions described in subparagraph (B);

(D) conduct research, development, test, evaluation,

and transition support activities with respect to the

delivery of the solutions described in subparagraph (B);

(E) seek to integrate existing, emerging, and new

capabilities available to the Department of Defense in the

development of the solutions described in subparagraph

(B), including by incenting and working with program man-

agers of a covered Armed Force; and

(F) provide to the Deputy Secretary of Defense mission

management activity updates and reporting on the use

of funds under the pilot program with respect to such

mission.

(3) A

PPOINTMENT

.—Each mission selected under subsection

(b) shall have a mission manager—

(A) appointed at the time of mission approval; and

(B) who may be from any suitable organization, except

that the mission manager with respect the initial mission

under (b)(3) shall be the Director of the Strategic Capabili-

ties Office.

(4) I

TERATIVE APPROACH

.—The mission manager shall, to

the extent practicable, carry out the pilot program with respect

to each mission selected under subsection (b) by integrating

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135 STAT. 1857 PUBLIC LAW 117–81—DEC. 27, 2021

existing, emerging, and new military capabilities, and managing

a portfolio of small, iterative development and support to initial

operational fielding efforts.

(5) O

THER PROGRAM MANAGEMENT RESPONSIBILITIES

.—The

activities undertaken by the mission manager with respect

to a mission, including mission management, do not supersede

or replace the program management responsibilities of any

other individual that are related to such missions.

(d) D

ATA

OLLECTION

EQUIREMENT

.—The Deputy Secretary

of Defense shall develop and implement a plan to collect and analyze

data on the pilot program for the purposes of—

(1) developing and sharing best practices for applying

emerging technology and supporting new operational concepts

to improve outcomes on key military missions and operational

challenges; and

(2) providing information to the leadership of the Depart-

ment on the implementation of the pilot program and related

policy issues.

(e) A

SSESSMENTS

.—During the five-year period beginning on

the date of the enactment of this Act, the Deputy Secretary of

Defense shall regularly assess—

(1) the authorities required by the mission managers to

effectively and efficiently carry out the pilot program with

respect to the missions selected under subsection (b); and

(2) whether the mission managers have access to sufficient

funding to carry out the research, development, test, evaluation,

and support to initial operational fielding activities required

to deliver solutions fulfilling the critical cross-service, cross-

program, and cross-domain operational needs of the missions.

(f) B

RIEFINGS

.—

(1) S

EMIANNUAL BRIEFING

.—

(A) I

N GENERAL

.—Not later than July 1, 2022, and

every six months thereafter until the date that is five

years after the date of the enactment of this Act, the

mission manager shall provide to the congressional defense

committees a briefing on the progress of the pilot program

with respect to each mission selected under subsection

(b), the anticipated mission outcomes, and the funds used

to carry out the pilot program with respect to such mission.

(B) I

NITIAL BRIEFING

.—The Deputy Secretary of

Defense shall include in the first briefing submitted under

subparagraph (A) a briefing on the implementation of the

pilot program, including—

(i) the actions taken to implement the pilot pro-

gram;

(ii) an assessment of the pilot program;

(iii) requests for Congress to provide authorities

required to successfully carry out the pilot program;

and

(iv) a description of the data plan required under

subsection (d).

(2) A

NNUAL BRIEFING

.—Not later than one year after the

date on which the pilot program is established, and annually

thereafter until the date that is five years after the date of

the enactment of this Act, the Deputy Secretary of Defense

shall submit to the congressional defense committees a briefing

on the pilot program, including—

Deadline.

Time period.

Termination

date.

Assessment.

Deadline.

Termination

date.

Time period.

Effective date.

Plan.

Analysis.

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135 STAT. 1858 PUBLIC LAW 117–81—DEC. 27, 2021

(A) the data collected and analysis performed under

subsection (d);

(B) lessons learned;

gram; and

(D) such other information as the Deputy Secretary

determines appropriate.

(3) R

ECOMMENDATION

.—Not later than two years after the

date of the enactment of this Act, the Deputy Secretary of

Defense shall submit to Congress a briefing on the recommenda-

tions of the Deputy Secretary with respect to the pilot program

and shall concurrently submit to Congress—

(A) a written assessment of the pilot program;

(B) a written recommendation on continuing or

expanding the mission integration pilot program;

required to successfully carry out the pilot program; and

(D) the data collected and analysis performed under

subsection (d).

(g) T

RANSITION

.—Beginning in fiscal year 2025, the Deputy

Secretary of Defense may transition responsibilities for research,

development, test, evaluation, and support to initial operational

fielding activities started under the pilot program to other elements

of the Department for purposes of delivering solutions fulfilling

critical cross-service, cross-program, and cross-domain operational

needs.

(h) T

ERMINATION

ATE

.—The pilot program shall terminate

on the date that is five years after the date of the enactment

of this Act.

(i) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed as providing any authority not otherwise provided by

law to procure, or enter agreements to procure, any goods, materials,

or services.

(j) D

EFINITIONS

.—In this section:

(1) C

OVERED ARMED FORCE

.—The term ‘‘covered Armed

Force’’ means—

(A) the Army;

(B) the Navy;

(D) the Marine Corps; or

(E) the Space Force.

(2) C

ROSS

FUNCTIONAL TEAMS OF THE STRATEGIC CAPABILI

TIES OFFICE

.—The term ‘‘Cross-Functional Teams of the Stra-

tegic Capabilities Office’’ means the teams established in the

Strategic Capabilities Office of the Department of Defense

pursuant to section 233(b) of the National Defense Authoriza-

tion Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.

1277; 10 U.S.C. 132 note).

(3) C

ROSS

SERVICE

.—The term ‘‘cross-service’’ means per-

taining to multiple covered Armed Forces.

(4) C

ROSS

DOMAIN

.—The term ‘‘cross-domain’’ means per-

taining to multiple operational domains of land, maritime, air,

space, and cyberspace.

(4) C

ROSS

SERVICE OPERATIONAL NEED

.—The term ‘‘cross-

service operational need’’ means an operational need arising

from a mission undertaken by a combatant command which

involves multiple covered Armed Forces.

Effective date.

Data.

Assessment.

Data.

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135 STAT. 1859 PUBLIC LAW 117–81—DEC. 27, 2021

(5) D

EFENSE AGENCY

;

MILITARY DEPARTMENT

.—The terms

‘‘Defense Agency’’ and ‘‘military department’’ have the meanings

given such terms in section 101(a) of title 10, United States

Code.

(6) F

IELD ACTIVITY

.—The term ‘‘Field Activity’’ has the

meaning given the term ‘‘Department of Defense Field Activity’’

in section 101(a) of title 10, United States Code.

(7) M

ISSION MANAGEMENT

.—The term ‘‘mission manage-

ment’’ means the integration of materiel, digital, and oper-

ational elements to improve defensive and offensive options

and outcomes for a specific mission or operational challenge.

(8) P

ILOT PROGRAM

.—The term ‘‘pilot program’’ means the

pilot program established under subsection (a).

SEC. 872. ESTABLISHMENT OF MISSION-ORIENTED PILOT PROGRAMS

TO CLOSE SIGNIFICANT CAPABILITIES GAPS.

(a) I

ENERAL

.—The Secretary of Defense shall establish,

within the Strategic Capabilities Office of the Office of the Secretary

of Defense, not fewer than two mission-oriented integration pilot

programs with the objective of closing significant capabilities gaps

by developing and implementing capabilities and by synchronizing

and integrating missions across covered Armed Forces and Defense

Agencies.

(b) E

LEMENTS

.—The pilot programs established under sub-

section (a) shall—

(1) seek to address specific outstanding operational chal-

lenges of high importance to the operational plans of the United

States Indo-Pacific Command and the United States European

Command;

(2) be designed to leverage industry cost sharing by using

sources such as private equity and venture capital funding

to develop technologies and overall capabilities that resolve

significant capability gaps for delivery to the Department of

Defense, as a product or as a service;

(3) not later than three years after the date on which

the pilot program commences, demonstrate the efficacy of the

solutions being developed under the pilot program;

(4) deliver an operational capability not later than five

years after the pilot program commences;

(5) provide an operationally relevant solution for—

(A)(i) maintaining resilient aircraft operations in and

around Guam in the face of evolving regional threats,

including large salvo supersonic and hypersonic missile

threats; or

(ii) an operational challenge of similar strategic impor-

tance and relevance to the responsibilities and plans of

the United States Indo-Pacific Command or the United

States European Command; and

(B)(i) providing a resilient logistic and resupply capa-

bility in the face of evolving regional threats, including

operations within an anti-access-area denial environment;

(ii) an operational challenge of similar strategic impor-

tance and relevance to the responsibilities and plans of

the United States Indo-Pacific Command; and

(6) incorporate—

Deadline.

10 USC 191 note.

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135 STAT. 1860 PUBLIC LAW 117–81—DEC. 27, 2021

(A) existing and planned Department of Defense sys-

tems and capabilities to achieve mission objectives; and

(B) to the extent practicable, technologies that have

military applications and the potential for nonmilitary

applications.

OLE OF

TRATEGIC

APABILITIES

FFICE

.—

(1) I

N GENERAL

.—With respect to the pilot programs estab-

lished under subsection (a), the Director of the Strategic

Capabilities Office, in consultation with the Under Secretary

of Defense for Research and Engineering, shall—

(A) assign mission managers or program managers—

(i) to coordinate and collaborate with entities

awarded contracts or agreements under the pilot pro-

gram, parties to cost sharing agreements for such

awarded contracts or agreements, combatant com-

mands, and military departments to define mission

requirements and solutions; and

(ii) to coordinate and monitor pilot program

implementation;

(B) provide technical assistance for pilot program

activities, including developing and implementing metrics,

which shall be used—

(i) to assess each operational challenge such pilot

programs are addressing; and

(ii) to characterize the resilience of solutions being

developed under the pilot programs to known threats

and single points of failure;

ties awarded contracts or agreements under the pilot pro-

gram and parties to cost sharing agreements for such

awarded contracts or agreements;

(D) serve as the liaison between the Armed Forces,

the combatant commanders, and the participants in the

pilot programs; and

(E) use flexible acquisition practices and authorities,

including—

(i) the authorities under section 2371 and 2371b

of title 10, United States Code;

(ii) payments for demonstrated progress;

(iii) authorities under the Defense Production Act

of 1950 (50 U.S.C. 4501 et seq.); and

(iv) other acquisition practices that support effi-

cient and effective access to emerging technologies and

capabilities, including technologies and capabilities

from companies funded with private investment.

(2) R

EPORTS TO CONGRESS

.—Not later than 180 days after

the date of the enactment of this Act, and every 180 days

thereafter, the Director of the Strategic Capabilities Office shall

submit to the congressional defense committees a report on

the pilot programs.

(d) A

DDITIONAL

UTHORITIES

.—The Secretary of Defense shall

assess authorities required for such mission managers and program

managers to effectively and efficiently fulfill their responsibilities

under the pilot programs, including the delegation of personnel

hiring and contracting authorities.

Assessment.

Coordination.

Consultation.

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135 STAT. 1861 PUBLIC LAW 117–81—DEC. 27, 2021

(e) D

ATA

.—The Secretary of Defense shall establish mechanisms

to collect and analyze data on the implementation of the pilot

programs for the purposes of—

(1) developing and sharing best practices for achieving

goals established for the pilot programs; and

(2) providing information to the Secretary and the congres-

sional defense committees on—

(A) the implementation of the pilot programs; and

(B) related policy issues.

(f) R

ECOMMENDATIONS

.—Not later than two years after the

date of the enactment of this Act, the Secretary of Defense shall

submit to the congressional defense committees a recommendation

with respect to continuing or expanding the pilot program.

(g) T

RANSITION OF

ILOT

ROGRAM

ESPONSIBILITIES

.—Begin-

ning in fiscal year 2025, the Secretary may transition the responsi-

bility for the pilot programs to another organization.

(h) D

EFINITIONS

.—In this section:

(1) C

OVERED ARMED FORCE

.—The term ‘‘covered Armed

Force’’ means—

(A) the Army;

(B) the Navy;

(D) the Marine Corps; or

(E) the Space Force.

(2) D

EFENSE AGENCY

.—The term ‘‘Defense Agency’’ has the

meaning given such term in section 101(a) of title 10, United

States Code.

(3) M

ISSION MANAGER

.—The term ‘‘mission manager’’

means an individual that, with respect to a mission under

a pilot program established under subsection (a), shall have

the responsibilities described in subparagraphs (B) through

(F) of section 871(c)(2) of this Act.

SEC. 873. INDEPENDENT STUDY ON ACQUISITION PRACTICES AND

POLICIES.

(a) S

TUDY

EQUIRED

.—Not later than March 30, 2022, the

Secretary of Defense shall enter into an agreement with a federally

funded research and development center under which such center

shall conduct a study on the acquisition practices and policies

described in subsection (b).

(b) S

TUDY

LEMENTS

.—The study required under subsection

(a) shall identify the knowledge and tools needed for the acquisition

workforce of the Department of Defense to—

(1) engage in acquisition planning practices that assess

the cost, resource, and energy preservation differences resulting

from selecting environmentally preferable goods or services

when identifying requirements or drafting statements of work;

(2) engage in acquisition planning practices that promote

the acquisition of resilient and resource-efficient goods and

services and that support innovation in environmental tech-

nologies, including—

(A) technical specifications that establish performance

levels for goods and services to diminish greenhouse gas

emissions;

(B) statements of work or specifications restricted to

environmentally preferable goods or services where the

Deadline.

Contracts.

Effective date.

Deadline.

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135 STAT. 1862 PUBLIC LAW 117–81—DEC. 27, 2021

quality, availability, and price is comparable to traditional

goods or services;

build, and fund resilient, low-carbon infrastructure;

(D) collaborating with local jurisdictions surrounding

military installations, with a focus on reducing environ-

mental costs; and

(E) technical specifications that consider risk to supply

chains from extreme weather and changes in environmental

conditions;

(3) employ source selection practices that promote the

acquisition of resilient and resource-efficient goods and services

and that support innovation in environmental technologies,

including—

(A) considering resilience, low-carbon, or low-toxicity

criteria as competition factors on the basis of which the

award is made in addition to cost, past performance, and

quality factors;

(B) using accepted standards, emissions data, certifi-

cations, and labels to verify the environmental impact of

a good or service and enhance procurement efficiency;

purporting to convey information about the environmental

impact of a good or service; and

(D) considering the costs of a good or service that

will be incurred throughout its lifetime, including operating

costs, maintenance, end of life costs, and residual value,

including costs resulting from the carbon dioxide and other

greenhouse gas emissions associated with the good or

service; and

(4) consider external effects, including economic, environ-

mental, and social, arising over the entire life cycle of an

acquisition when making acquisition planning and source selec-

tion decisions.

UBMISSION TO

EPARTMENT OF

EFENSE

.—Not later than

one year after the date of the enactment of this Act, the federally

funded research and development center that conducts the study

under subsection (a) shall submit to the Secretary of Defense a

report on the results of the study in an unclassified form but

may include a classified annex.

(d) S

UBMISSION TO

ONGRESS

.—Not later than 30 days after

the date on which the Secretary of Defense receives the report

under subsection (c), the Secretary shall submit to the congressional

defense committees an unaltered copy along with any comments

the Secretary may have with respect to the report.

(e) D

EFINITIONS

.—In this section:

(1) The term ‘‘environmentally preferable’’, with respect

to a good or service, means that the good or service has a

lesser or reduced effect on human health and the environment

when compared with competing goods or services that serve

the same purpose or achieve the same or substantially similar

result. The comparison may consider raw materials acquisition,

production, manufacturing, packaging, distribution, reuse, oper-

ation, maintenance, or disposal of the good or service.

(2) The term ‘‘resource-efficient goods and services’’ means

goods and services—

Records.

Reports.

Evaluation.

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135 STAT. 1863 PUBLIC LAW 117–81—DEC. 27, 2021

(A) that use fewer resources than competing goods

and services to serve the same purposes or achieve the

same or substantially similar result as such competing

goods and services; and

(B) for which the negative environmental impacts

across the full life cycle of such goods and services are

minimized.

SEC. 874. PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH

EMPLOYEE-OWNED BUSINESSES.

(a) Q

UALIFIED

USINESS

HOLLY

OWNED

HROUGH AN

MPLOYEE

TOCK

WNERSHIP

LAN

EFINED

.—The term ‘‘qualified

businesses wholly-owned through an Employee Stock Ownership

Plan’’ means an S corporation (as defined in section 1361(a)(1)

of the Internal Revenue Code of 1986) for which 100 percent of

the outstanding stock is held through an employee stock ownership

plan (as defined in section 4975(e)(7) of such Code).

(b) P

ILOT

ROGRAM TO

ONCOMPETITIVE

ROCEDURES FOR

ERTAIN

OLLOW

ONTRACTS TO

UALIFIED

USINESSES

HOLLY

-O

WNED

HROUGH AN

MPLOYEE

TOCK

WNERSHIP

LAN

.—

(1) E

STABLISHMENT

.—The Secretary of Defense may estab-

lish a pilot program to carry out the requirements of this

section.

(2) F

OLLOW

ON CONTRACTS

.—Notwithstanding the require-

ments of section 2304 of title 10, United States Code, and

with respect to a follow-on contract for the continued develop-

ment, production, or provision of products or services that are

the same as or substantially similar to the products or services

procured by the Department of Defense under a prior contract

held by a qualified business wholly-owned through an Employee

Stock Ownership Plan, the products or services to be procured

under the follow-on contract may be procured by the Depart-

ment of Defense through procedures other than competitive

procedures if the performance of the qualified business wholly-

owned through an Employee Stock Ownership Plan on the

prior contract was rated as satisfactory (or the equivalent)

or better in the applicable past performance database.

(3) L

IMITATION

.—A qualified business wholly-owned

through an Employee Stock Ownership Plan may have a single

opportunity for award of a sole-source follow-on contract under

this section, unless a senior contracting official (as defined

in section 1737 of title 10, United States Code) approves a

waiver of the requirements of this section.

ERIFICATION AND

EPORTING OF

UALIFIED

USINESSES

HOLLY

OWNED

HROUGH AN

MPLOYEE

TOCK

WNERSHIP

LAN

.—Under a pilot program established under this section, the

Secretary of Defense shall establish procedures—

(1) for businesses to verify status as a qualified businesses

wholly-owned through an Employee Stock Ownership Plan for

the purposes of this section by using existing Federal reporting

mechanisms;

(2) for a qualified businesses wholly-owned through an

Employee Stock Ownership Plan to certify that not more than

50 percent of the amount paid under the contract will be

expended on subcontracts, subject to such necessary and reason-

able waivers as the Secretary may prescribe; and

Certification.

Verification.

Procedures.

10 USC 3204

note.

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135 STAT. 1864 PUBLIC LAW 117–81—DEC. 27, 2021

(3) to record information on each follow-on contract

awarded under subsection (b), including details relevant to

the nature of such contract and the qualified business wholly-

owned through an Employee Stock Ownership Plan that

received such contract, and to provide such information to

the Comptroller General of the United States.

(d) D

ATA

.—

(1) I

N GENERAL

.—If the Secretary of Defense establishes

a pilot program under this section, the Secretary shall establish

mechanisms to collect and analyze data on the pilot program

for the purposes of—

(A) developing and sharing best practices relating to

the pilot program;

(B) providing information to leadership and the

congressional defense committees on the pilot program,

including with respect to each qualified business wholly-

owned through an Employee Stock Ownership Plan that

received a follow-on contract under this section—

(i) the size of such business;

(ii) performance of the follow-on contract; and

(iii) other information as determined necessary;

and

congressional defense committees on policy issues related

to the pilot program.

(2) L

IMITATION

.—The Secretary of Defense may not carry

out the pilot program under this section before—

(A) completing a data collection and reporting strategy

and plan to meet the requirements of this subsection; and

(B) submitting the strategy and plan to the congres-

sional defense committees.

(e) S

UNSET

.—Any pilot program established under this section

shall expire on the date that is five years after the date of the

enactment of this Act.

(f) C

OMPTROLLER

ENERAL

EPORT

.—

(1) I

N GENERAL

.—Not later than three years after the date

of the enactment of this Act, the Comptroller General of the

United States shall submit to Congress a report on any indi-

vidual and aggregate uses of the authority under a pilot pro-

gram established under this section.

(2) E

LEMENTS

.—The report under paragraph (1) shall

include the following elements:

(A) An assessment of the frequency and nature of

the use of the authority under the pilot program.

(B) An assessment of the impact of the pilot program

in supporting the national defense strategy required under

section 113(g) of title 10, United States Code.

businesses wholly-owned through an Employee Stock

Ownership Plan in order to benefit from the pilot program

and the factors that influenced that decision.

(D) Acquisition authorities that could incentivize

businesses to become qualified businesses wholly-owned

through an Employee Stock Ownership Plan, including an

extension of the pilot program.

(E) Any related matters the Comptroller General con-

siders appropriate.

Assessment.

Strategy.

Plan.

Analysis.

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135 STAT. 1865 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 875. GUIDANCE, TRAINING, AND REPORT ON PLACE OF PERFORM-

ANCE CONTRACT REQUIREMENTS.

(a) G

UIDANCE AND

RAINING

.—Not later than July 1, 2022,

the Secretary of Defense shall—

(1) issue guidance on covered contracts to ensure that,

to the maximum extent practicable, the terms of such covered

contract avoid specifying an unnecessarily restrictive place of

performance for such covered contract; and

(2) implement any necessary training for appropriate

individuals relating to the guidance required under paragraph

(1).

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than July 1, 2022, the Secretary

of Defense shall submit to the congressional defense committees

a report on covered contracts.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following elements:

(A) A description of the criteria that is considered

when the Secretary specifies a particular place of perform-

ance in a covered contract.

(B) The number of covered contracts awarded during

each of fiscal years 2016 through 2020.

to guidance or regulations related to the use of covered

contracts could improve the effectiveness and efficiency

of the Department of Defense, including a description of

such revisions.

OVERED

ONTRACT

EFINED

.—In this section, the term

‘‘covered contract’’ means a contract for which the Secretary of

Defense specifies the place of performance for such contract.

SEC. 876. NOTIFICATION OF CERTAIN INTERGOVERNMENTAL SUPPORT

AGREEMENTS.

(a) N

OTIFICATION

EQUIRED

.—During fiscal years 2022 and

2023, not less than 60 days before entering into an intergovern-

mental support agreement under section 2679 of title 10, United

States Code, that is an exception to the requirements of chapter

85 of title 41, United States Code, the Secretary concerned shall

submit, in writing, to the congressional defense committees a report

including the following relating to such agreement:

(1) The circumstances that resulted in the need to enter

into an intergovernmental support agreement that included

such exception.

(2) The anticipated benefits of entering into such agreement

that included such exception.

(3) The anticipated impact on persons covered under such

chapter 85 because of such exception.

(4) The extent to which such agreement complies with

applicable policies, directives, or other guidance of the Depart-

ment of Defense.

(b) R

ECOMMENDATIONS

.—

(1) I

N GENERAL

.—The Secretary of Defense shall submit

to the congressional defense committees, along with the budget

request materials for fiscal year 2023, specific recommendations

for modifications to the legislative text of subsection (a)(1)

of section 2679 of title 10, United States Code, along with

Time period.

Time periods.

Reports.

Deadlines.

Contracts.

10 USC 2679

note.

Assessment.

Time period.

10 USC 3344

note prec.

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135 STAT. 1866 PUBLIC LAW 117–81—DEC. 27, 2021

a rationale for any such modifications, to identify specific provi-

sions of Federal contracting law appropriate for waiver or

exemption to ensure effective use of intergovernmental support

agreements under such section.

(2) B

UDGET REQUEST MATERIALS DEFINED

.—In this sub-

section, the term ‘‘budget request materials’’ means the mate-

rials submitted to Congress by the President under section

1105(a) of title 31, United States Code.

RIEFING

EQUIRED

.—Not later than 6 months after the

date of enactment of this Act the Secretary of Defense shall provide

to the congressional defense committees a briefing on activities

taken to carry out the requirements of this section.

(d) P

OLICY

EQUIRED

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense shall issue

guidance to clarify the use of the authority under section 2679

of title 10, United States Code, including with respect to—

(1) the application of other requirements of acquisition

law and policy; and

(2) chapter 85 of title 41, United States Code.

(e) S

ECRETARY

ONCERNED

EFINED

.—In this section, the term

‘‘Secretary concerned’’ means—

(1) the Secretary of the Army, with respect to matters

concerning the Army;

(2) the Secretary of the Navy, with respect to matters

concerning the Navy and the Marine Corps; and

(3) the Secretary of the Air Force, with respect to matters

concerning the Air Force and the Space Force.

SEC. 877. REPORT ON REQUESTS FOR EQUITABLE ADJUSTMENT IN

DEPARTMENT OF THE NAVY.

(a) R

EPORT

EQUIRED

.—Not later than 60 days after the date

of the enactment of this Act, the Secretary of the Navy shall

submit to the congressional defense committees a report describing

in detail the processing of requests for equitable adjustment by

the Department of the Navy between October 1, 2011, and the

date of the enactment of this Act, including progress by components

within the Department of the Navy in complying with the covered

directive.

(b) C

ONTENTS

.—The report required under subsection (a) shall

include, at a minimum, the following:

(1) The number of requests for equitable adjustment sub-

mitted between October 1, 2011, and the date of the enactment

of this Act.

(2) The components within the Department of the Navy

to which each such request was submitted.

(3) The number of requests for equitable adjustment out-

standing as of the date of the enactment of this Act.

(4) The number of requests for equitable adjustment settled

but not paid as of the date of the enactment of this Act,

including a description of why each such request has not been

paid.

(5) A detailed explanation of the efforts by the Secretary

of the Navy to ensure compliance of components within the

Department of the Navy with the covered directive.

OVERED

IRECTIVE

EFINED

.—In this section, the term

‘‘covered directive’’ means the directive of the Assistant Secretary

of the Navy for Research, Development, and Acquisition, dated

Time period.

Deadline.

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135 STAT. 1867 PUBLIC LAW 117–81—DEC. 27, 2021

March 20, 2020, and titled ‘‘(Intent and Direction) Withholds and

Retentions During COVID-19’’ requiring—

(1) payment to contractors of all settled requests for equi-

table adjustment; and

(2) the expeditious resolution of all outstanding requests

for equitable adjustment.

SEC. 878. MILITARY STANDARDS FOR ARMOR MATERIALS IN VEHICLE

SPECIFICATIONS.

(a) I

ENERAL

.—Not later than June 30, 2022, the Secretary

of the Army shall establish technical specification standards for

all metal and non-metal armor for incorporation into specifications

for current and future armored vehicles developed or procured

by the Department of the Army.

(b) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—On the date on which the standards

described in subsection (a) are established under such sub-

section, the Secretary of the Army shall submit to the congres-

sional defense committees a report describing—

(A) the establishment of such standards; and

(B) the strategy for incorporating such standards as

requirements for armored vehicles developed and procured

by the Department of the Army.

(2) F

ORM

.—The report required by paragraph (1) shall be

in an unclassified form, but may include a classified annex.

RMORED

EHICLE

EFINED

.—For purposes of this section,

the term ‘‘armored vehicle’’ means a tracked or wheeled tactical

vehicle incorporating armor in its manufacture.

TITLE IX—DEPARTMENT OF DEFENSE

ORGANIZATION AND MANAGEMENT

Sec. 901. Change in eligibility requirements for appointment to certain Department

of Defense leadership positions.

Sec. 902. Clarification of treatment of Office of Local Defense Community Coopera-

tion as a Department of Defense Field Activity.

Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engi-

neering 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-re-

lated 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 Spec-

trum 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 re-

serve components.

SEC. 901. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT

TO CERTAIN DEPARTMENT OF DEFENSE LEADERSHIP

POSITIONS.

(a) S

ECRETARY OF

EFENSE

.—Subsection (a) of section 113 of

title 10, United States Code, is amended to read as follows:

Strategy.

Deadline.

10 USC 7532

note prec.

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135 STAT. 1868 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(a)(1) There is a Secretary of Defense, who is the head of

the Department of Defense, appointed from civilian life by the

President, by and with the advice and consent of the Senate.

‘‘(2) A person may not be appointed as Secretary of Defense—

‘‘(A) within seven years after relief from active duty as

a commissioned officer of a regular component of an armed

force in a grade below O–7; or

‘‘(B) within 10 years after relief from active duty as a

commissioned officer of a regular component of an armed force

in the grade of O–7 or above.’’.

(b) A

SSISTANT

ECRETARY OF

EFENSE FOR

PECIAL

PERATIONS

AND

NTENSITY

ONFLICT

.—Section 138(b)(2)(A) of title 10,

United States Code, is amended by inserting after the third sentence

the following: ‘‘A person may not be appointed as Assistant Sec-

retary within seven years after relief from active duty as a commis-

sioned officer of a regular component of an armed force.’’.

ECRETARY OF THE

RMY

.—Section 7013(a)(2) of title 10,

United States Code, is amended by striking ‘‘five’’ and inserting

‘‘seven’’.

(d) S

ECRETARY OF THE

AVY

.—Section 8013(a)(2) of title 10,

United States Code, is amended by striking ‘‘five’’ and inserting

‘‘seven’’.

(e) S

ECRETARY OF THE

ORCE

.—Section 9013(a)(2) of title

10, United States Code, is amended by striking ‘‘five’’ and inserting

‘‘seven’’.

(f) T

ECHNICAL

ORRECTIONS

ELATING TO

THER

OSITIONS

.—

(1) U

NDER SECRETARY OF DEFENSE (COMPTROLLER)

.—Section

135(a)(1) of title 10, United States Code, is amended by striking

‘‘the armed forces’’ and inserting ‘‘an armed force’’.

(2) U

NDER SECRETARY OF DEFENSE FOR PERSONNEL AND

READINESS

.—Section 136(a) of title 10, United States Code,

is amended by striking ‘‘the armed forces’’ and inserting ‘‘an

armed force’’.

(3) U

NDER SECRETARY OF DEFENSE FOR INTELLIGENCE AND

SECURITY

.—Section 137(a) of title 10, United States Code, is

amended by striking ‘‘the armed forces’’ and inserting ‘‘an

armed force’’.

(g) A

PPLICABILITY

.—The amendments made by subsections (a)

through (e) shall apply with respect to appointments made on

or after the date of the enactment of this Act.

SEC. 902. CLARIFICATION OF TREATMENT OF OFFICE OF LOCAL

DEFENSE COMMUNITY COOPERATION AS A DEPARTMENT

OF DEFENSE FIELD ACTIVITY.

(a) T

REATMENT OF

FFICE OF

OCAL

EFENSE

OMMUNITY

OOPERATION AS A

EPARTMENT OF

EFENSE

IELD

CTIVITY

.—

(1) T

RANSFER TO CHAPTER 8

.—Section 146 of title 10, United

States Code, is transferred to subchapter I of chapter 8 of

such title, inserted after section 197, and redesignated as sec-

tion 198.

(2) T

REATMENT AS DEPARTMENT OF DEFENSE FIELD

ACTIVITY

.—Section 198(a) of such title, as transferred and

redesignated by subsection (a) of this subsection, is amended—

(A) by striking ‘‘in the Office of the Secretary of Defense

an office to be known as the’’ and inserting ‘‘in the Depart-

ment of Defense an’’; and

10 USC 113 note.

Time periods.

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135 STAT. 1869 PUBLIC LAW 117–81—DEC. 27, 2021

(B) by adding at the end the following: ‘‘The Secretary

shall designate the Office as a Department of Defense

Field Activity pursuant to section 191, effective as of the

date of the enactment of the William M. (Mac) Thornberry

National Defense Authorization Act for Fiscal Year 2021

(Public Law 116–283).’’.

(3) A

PPOINTMENT OF DIRECTOR

.—Such section 198 is further

amended—

(A) in subsection (b) in the matter preceding paragraph

(1), by striking ‘‘Under Secretary of Defense for Acquisition

and Sustainment’’ and inserting ‘‘Secretary of Defense’’;

and

(B) in subsection (c)(4), by striking ‘‘Under Secretary

of Defense for Acquisition and Sustainment’’ and inserting

‘‘Secretary’’.

(4) C

LERICAL AMENDMENTS

.—

(A) C

HAPTER 4

.—The table of sections at the beginning

of chapter 4 of title 10, United States Code, is amended

by striking the item relating to section 146.

(B) C

HAPTER 8

.—The table of sections at the beginning

of subtitle I of chapter 8 of such title is amended by

inserting after the item relating to section 197 the following

new item:

‘‘198. Office of Local Defense Community Cooperation.’’.

(b) L

IMITATION ON

NVOLUNTARY

EPARATION OF

ERSONNEL

.—

No personnel of the Office of Local Defense Community Cooperation

under section 198 of title 10, United States Code (as added by

subsection (a)), may be involuntarily separated from service with

that Office during the one-year period beginning on the date of

the enactment of this Act, except for cause.

DMINISTRATION OF

ROGRAMS

.—Any program, project, or

other activity administered by the Office of Economic Adjustment

of the Department of Defense as of the date of the enactment

of the William M. (Mac) Thornberry National Defense Authorization

Act for Fiscal Year 2021 (Public Law 116–283) shall be administered

by the Office of Local Defense Community Cooperation under section

198 of title 10, United States Code (as added by subsection (a)).

(d) C

ONFORMING

EPEAL

.—Section 905 of the William M. (Mac)

Thornberry National Defense Authorization Act for Fiscal Year

2021 (Public Law 116–283) is repealed.

SEC. 903. ENHANCED ROLE OF THE UNDER SECRETARY OF DEFENSE

FOR RESEARCH AND ENGINEERING ON THE JOINT

REQUIREMENTS OVERSIGHT COUNCIL.

(a) I

ENERAL

.—Section 181 of title 10, United States Code,

is amended—

(1) in subsection (b)—

(A) by redesignating paragraphs (2) through (6) as

paragraphs (3) through (7), respectively; and

(B) by inserting after paragraph (1) the following new

paragraph:

‘‘(2) increasing awareness of global trends, threats, and

adversary capabilities to address gaps in joint military capabili-

ties and validate joint requirements developed by the military

departments;’’; and

10 USC 146

notes.

10 USC 198 note.

Time period.

10 USC 198 note.

10 USC 191 prec.

10 USC 131 prec.

Designation.

Effective date.

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135 STAT. 1870 PUBLIC LAW 117–81—DEC. 27, 2021

(2) in subsection (d)(1)(D), by striking the period at the

end and inserting the following: ‘‘who shall serve as the Chief

Technical Advisor to the Council and—

‘‘(i) shall provide assistance in evaluating the tech-

nical feasibility of requirements under development;

and

‘‘(ii) shall identify options for expanding or gener-

ating new requirements based on opportunities pro-

vided by new or emerging technologies.’’.

(b) I

NDEPENDENT

TUDY

.—

(1) S

TUDY REQUIRED

.—The Secretary of Defense shall enter

into an agreement with a covered entity to conduct an inde-

pendent study assessing the role of the Under Secretary of

Defense for Research and Engineering on the Joint Require-

ments Oversight Council.

(2) E

LEMENTS

.—The study required by paragraph (1) shall

include the following:

(A) The current role and contribution of the Under

Secretary of Defense for Research and Engineering to the

Joint Requirements Oversight Council.

(B) The extent to which the role of the Under Secretary

on the Joint Requirements Oversight Council should be

adjusted to further maximize Council outcomes as well

as the additional resources, if any, such adjustments would

require.

should provide additional views and recommendations on

Joint Requirements Oversight Council preparations, delib-

erations, and outcomes.

(D) Such other matters as the Secretary of Defense

determines to be appropriate

(3) S

UBMISSION TO CONGRESS

.—Not later than December

31, 2022, the Secretary shall submit to the congressional

defense committees the results of the study required by para-

graph (1).

(4) F

ORM

.—The study required by paragraph (1) shall be

submitted in unclassified form but may include a classified

annex.

(5) C

OVERED ENTITY DEFINED

.—In this subsection, the term

‘‘covered entity’’ means—

(A) a federally funded research and development

center; or

(B) an independent, nongovernmental organization,

described under section 501(c)(3) of the Internal Revenue

Code of 1986 and which is exempt from taxation under

section 501(a) of such Code, which has recognized creden-

tials and expertise in national security and military affairs.

EPORT ON THE

OLE OF THE

NDER

ECRETARY OF

EFENSE

FOR

ESEARCH AND

NGINEERING IN THE

OINT

EQUIREMENTS

VERSIGHT

OUNCIL

.—

(1) I

N GENERAL

.—Not later than March 1, 2023, the Sec-

retary of Defense, in consultation with the Chairman of the

Joint Chiefs of Staff and the Under Secretary of Defense for

Research and Engineering, shall submit to the congressional

defense committees a report on the recommendations of the

Secretary of Defense on the extent to which adjustments to

the role of the Under Secretary of Defense for Research and

Consultation.

Recommenda-

tions.

Deadline.

Contracts.

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135 STAT. 1871 PUBLIC LAW 117–81—DEC. 27, 2021

Engineering on the Joint Requirements Oversight Council are

warranted. The report shall include—

(A) consideration of the findings of the study required

by subsection (b);

(B) the rationale for recommendations of the Secretary

of Defense; and

required to support those recommendations.

(2) A

DDITIONAL INPUT

.—The report may also include input

from each member or advisor of the Joint Requirements Over-

sight Council.

SEC. 904. IMPLEMENTATION OF REPEAL OF CHIEF MANAGEMENT

OFFICER OF THE DEPARTMENT OF DEFENSE.

Section 901(b)(1) of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283) is amended by striking ‘‘, except that any officer or employee

so designated may not be an individual who served as the Chief

Management Officer before the date of the enactment of this Act’’.

SEC. 905. SPACE FORCE ORGANIZATIONAL MATTERS AND MODIFICA-

TION OF CERTAIN SPACE-RELATED ACQUISITION

AUTHORITIES.

(a) I

MPLEMENTATION

ATE FOR

ERVICE

CQUISITION

XECU

TIVE OF THE

EPARTMENT OF THE

ORCE FOR

PACE

YSTEMS

AND

ROGRAMS

.—

(1) I

MPLEMENTATION DATE

.—Section 957 of the National

Defense Authorization Act for Fiscal Year 2020 (Public Law

116–92; 10 U.S.C. 9016 note) is amended—

(A) in subsection (a), by striking ‘‘Effective October

1, 2022, there shall be’’ and inserting ‘‘Effective on the

date specified in subsection (d), there shall be’’;

(B) in subsection (b)—

(i) in paragraph (1), by striking ‘‘Effective as of

October 1, 2022,’’ and inserting ‘‘Effective as of the

date specified in subsection (d)’’; and

(ii) in paragraph (2), by striking ‘‘as of October

1, 2022,’’ and inserting ‘‘as of the date specified in

subsection (d)’’;

and inserting ‘‘the date specified in subsection (d)’’; and

(D) by adding at the end the following new subsection:

‘‘(d) D

ATE

PECIFIED

.—The date specified in this subsection

is a date determined by the Secretary of the Air Force that is

not later than October 1, 2022.’’.

(2) C

ONFORMING AMENDMENTS

.—

(A) T

RANSFER OF ACQUISITION PROJECTS FOR SPACE SYS

TEMS AND PROGRAMS

.—Section 956(b)(3) of the National

Defense Authorization Act for Fiscal Year 2020 (Public

Law 116–92; 10 U.S.C. 9016 note) is amended—

(i) by striking ‘‘Effective October 1, 2022,’’ and

inserting ‘‘Effective on the date specified in section

957(d),’’; and

(ii) by striking ‘‘as of September 30, 2022’’ and

inserting ‘‘as of the day before the date specified in

section 957(d)’’.

Determination.

Deadline.

10 USC 132a

note.

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135 STAT. 1872 PUBLIC LAW 117–81—DEC. 27, 2021

(B) R

ESPONSIBILITIES OF ASSISTANT SECRETARY OF THE

AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION

.—Sec-

tion 9016(b)(6)(B)(vi) of title 10, United States Code, is

amended by striking ‘‘Effective as of October 1, 2022, in

accordance with section 957 of that Act,’’ and inserting

‘‘Effective as of the date specified in section 957(d) of such

Act, and in accordance with such section 957,’’.

(b) S

ENIOR

ROCUREMENT

XECUTIVE

UTHORITIES

.—

(1) O

FFICE OF THE SECRETARY OF THE AIR FORCE

.—Section

9014(c) of title 10, United States Code, is amended—

(A) in paragraph (2), by striking ‘‘The Secretary of

the Air Force shall’’ and inserting ‘‘Subject to paragraph

(6), the Secretary of the Air Force shall’’; and

(B) by inserting after paragraph (5) the following new

paragraph:

‘‘(6) Notwithstanding section 1702 of title 41, the Secretary

of the Air Force may assign to the Assistant Secretary of the

Air Force for Space Acquisition and Integration duties and authori-

ties of the senior procurement executive that pertain to space sys-

tems and programs.’’.

(2) A

SSISTANT SECRETARIES OF THE AIR FORCE

.—Section

9016(b)(6)(B)(vi) of title 10, United States Code, as amended

by subsection (a)(2)(B) of this section, is further amended by

inserting ‘‘and discharge any senior procurement executive

duties and authorities assigned by the Secretary of the Air

Force pursuant to section 9014(c)(6) of this title’’ after ‘‘Space

Systems and Programs’’.

SEC. 906. ASSIGNMENTS FOR PARTICIPANTS IN THE JOHN S. MCCAIN

STRATEGIC DEFENSE FELLOWS PROGRAM.

Section 932(e) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10

U.S.C. 1580 note prec.) is amended—

(1) in paragraph (2)—

(A) by striking ‘‘and each Under Secretary of Defense

and Director of a Defense Agency who reports directly

to the Secretary of Defense,’’ and inserting ‘‘, each Under

Secretary of Defense, and other officials, as designated

by the Secretary of Defense, within the Office of the Sec-

retary of Defense (as defined in section 131 of title 10,

United States Code) who report directly to the Secretary

of Defense’’; and

(B) by striking ‘‘or Director’’ and inserting ‘‘or official

within the Office of the Secretary of Defense’’;

(2) in paragraph (3)—

(A) by striking ‘‘Under Secretaries and Directors’’ and

inserting ‘‘Under Secretaries of Defense and other officials

within the Office of the Secretary of Defense’’; and

(B) by striking ‘‘Under Secretary, or Director’’ and

inserting ‘‘Under Secretary of Defense, or other official

within the Office of the Secretary of Defense’’; and

(3) in paragraph (7), by striking ‘‘shall be on a first-come,

first-served basis’’ and inserting ‘‘may require a minimum

service agreement, as determined by the Secretary’’.

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135 STAT. 1873 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 907. DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION

OF ELECTROMAGNETIC SPECTRUM SUPERIORITY

STRATEGY.

(a) R

EQUIREMENTS

.—Section 1053 of the John S. McCain

National Defense Authorization Act for Fiscal Year 2019 (Public

Law 116–283; 10 U.S.C. 113 note) is amended by adding at the

end the following new subsection:

‘‘(f) E

LECTROMAGNETIC

PECTRUM

UPERIORITY

TRATEGY

.—

‘‘(1) D

ESIGNATION

.—

‘‘(A) R

EQUIREMENT

.—Not later than 60 days after the

date of the enactment of the National Defense Authoriza-

tion Act for Fiscal Year 2022, the Secretary of Defense

shall designate a senior official of the Department of

Defense to be responsible for, and accountable to the Sec-

retary with respect to, the implementation of the electro-

magnetic spectrum superiority strategy. The Secretary

shall designate the senior official from among individuals

who are appointed to a position in the Department by

the President, by and with the advice and consent of the

Senate.

‘‘(B) C

ONDITIONS RELATING TO DESIGNATION OF CHIEF

INFORMATION OFFICER

.—

‘‘(i) C

ERTIFICATION

.—The Secretary may not des-

ignate the Chief Information Officer of the Department

of Defense as the senior official under subparagraph

(A) unless the Secretary has first included in the report

under paragraph (3)(A) a certification that the Chief

Information Officer has the expertise, authority,

funding, and personnel to ensure the successful

implementation of the electromagnetic spectrum

superiority strategy.

‘‘(ii) CAPE

ASSESSMENT

.—If the Secretary des-

ignates the Chief Information Officer of the Depart-

ment of Defense as the senior official under subpara-

graph (A), not later than 180 days after the date of

the enactment of the National Defense Authorization

Act for Fiscal Year 2022, the Director of Cost Assess-

ment and Program Evaluation shall submit to the

congressional defense committees an evaluation of the

ability of the Chief Information Officer to ensure the

successful implementation of the electromagnetic spec-

trum superiority strategy, including, at a minimum,

an evaluation of the expertise, authority, funding, and

personnel of the Chief Information Officer.

‘‘(2) R

ESPONSIBILITIES

.—The senior official designated

under paragraph (1)(A) shall be responsible for the following:

‘‘(A) Oversight of policy, strategy, planning, resource

management, operational considerations, personnel, and

technology development necessary to implement the electro-

magnetic spectrum superiority strategy.

‘‘(B) Evaluating whether the amount that the Depart-

ment of Defense expends on electromagnetic warfare and

electromagnetic spectrum operations capabilities is prop-

erly aligned.

Deadline.

Evaluation.

Deadline.

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135 STAT. 1874 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(C) Evaluating whether the Department is effectively

incorporating electromagnetic spectrum operations capabili-

ties and considerations into current and future operational

plans and concepts.

‘‘(D) Such other matters relating to electromagnetic

spectrum operations as the Secretary specifies for purposes

of this paragraph.

‘‘(3) R

EPORTS

.—

‘‘(A) I

MPLEMENTATION REPORT

.—Not later than 60 days

after the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2022, the Secretary shall

submit to the congressional defense committees a report

on the implementation of the Electromagnetic Spectrum

Superiority Strategy published in October 2020, including—

‘‘(i) an evaluation of the additional personnel,

resources, and authorities the Secretary determines

will be needed by the senior official designated under

paragraph (1)(A) who is responsible for implementing

the electromagnetic spectrum superiority strategy; and

‘‘(ii) a description of how the Secretary will ensure

that such implementation will be successful.

‘‘(B) R

ULES OF ENGAGEMENT REPORT

.—Not later than

270 days after the date of the National Defense Authoriza-

tion Act for Fiscal Year 2022, the Secretary shall submit

to the congressional defense committees a report that

includes the following:

‘‘(i) A review of the sufficiency of the authorities

and rules of engagement of the Department of Defense

relating to electromagnetic spectrum operations, in

particular with respect to operating below the level

of armed conflict short of or in advance of kinetic

activity and to protect the Department from electronic

attack and disruption.

‘‘(ii) Recommended changes to the authorities or

rules of engagement to ensure the Department can

effectively compete, deter conflict, and maintain protec-

tion from electronic attack and disruption.

‘‘(iii) Any other matters the Secretary determines

relevant.

‘‘(4) S

EMIANNUAL BRIEFINGS

.—On a semiannual basis

during the five-year period beginning on the date of the enact-

ment of the National Defense Authorization Act for Fiscal Year

2022, the Secretary shall provide to the congressional defense

committees a briefing on the status of the implementation

of the electromagnetic spectrum superiority strategy. Each

briefing shall include, at a minimum, the following:

‘‘(A) An update on the efforts of the Department of

Defense to—

‘‘(i) achieve the strategic goals set out in the

electromagnetic spectrum superiority strategy; and

‘‘(ii) implement such strategy through various ele-

ments of the Department.

‘‘(B) An identification of any additional authorities or

resources relating to electromagnetic spectrum operations

that the Secretary determines is necessary to implement

the strategy.

Determination.

Update.

Time period.

Recommenda-

tions.

Review.

Evaluation.

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135 STAT. 1875 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(5) E

LECTROMAGNETIC SPECTRUM SUPERIORITY STRATEGY

DEFINED

.—In this subsection, the term ‘electromagnetic spec-

trum superiority strategy’ means the Electromagnetic Spectrum

Superiority Strategy of the Department of Defense published

in October 2020, and any such successor strategy.’’.

(b) C

LARIFICATION OF

ROSS

FUNCTIONAL

EAM

LANS

.—Sub-

section (d)(2) of such section is amended by striking ‘‘biennially

thereafter’’ and inserting ‘‘biennially thereafter during the life of

the cross-functional team established pursuant to subsection (c)’’.

RANSFER OF

ERTAIN

ROVISION

.—Section 152 of the Wil-

liam M. (Mac) Thornberry National Defense Authorization Act for

Fiscal Year 2021 (Public Law 116–283) is—

(1) amended—

(A) in subsection (a), by striking ‘‘two years after the

date of the enactment of this Act and in accordance with

the plan developed pursuant to subsection (b)’’ and

inserting ‘‘January 1, 2023, and in accordance with the

plan developed pursuant to paragraph (2)’’;

(B) by striking ‘‘paragraph (1)’’ each place it appears

and inserting ‘‘subparagraph (A)’’;

and inserting ‘‘paragraph (1)’’;

(D) in subsection (b)(2)(D), by striking ‘‘subsections

(E) in subsection (e), by striking ‘‘this section’’ and

inserting ‘‘this subsection’’;

(2) transferred to such section 1053, redesignated as sub-

section (g) (including by redesignating its subsections as para-

graphs, paragraphs as subparagraphs, and clauses as sub-

clauses, respectively, and indenting such provisions accordingly)

and added so as to appear after subsection (f), as added by

subsection (a) of this section.

SEC. 908. MANAGEMENT INNOVATION ACTIVITIES.

(a) I

ENERAL

.—The Secretary of Defense shall carry out

a set of activities to improve the effectiveness of management

activities within the Department of Defense, with the goals of

incorporating appropriate private sector management practices and

technologies and enhancing the capabilities of the defense manage-

ment workforce.

(b) M

ANAGEMENT

CTIVITIES

.—Subject to the total force

management requirements under section 129a of title 10, United

States Code, the activities carried out under subsection (a) may

include the following:

(1) Public-private partnerships with appropriate private

sector and government organizations.

(2) Personnel exchange programs with appropriate

industry, academic, and government organizations to enhance

the capabilities of the defense management workforce.

(3) Research, development, and technology and business

process prototyping activities to create new technological

capabilities to support management missions, or development

and testing of new management concepts and business trans-

formation activities.

(4) The designation of appropriate organizations to lead

management innovation activities.

10 USC 129a

note.

10 USC 113 note.

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135 STAT. 1876 PUBLIC LAW 117–81—DEC. 27, 2021

(5) A process by which defense business process owners

and other personnel of the Department of Defense can identify

management and business process challenges and opportunities

that could be addressed by activities carried out under this

section.

(6) Processes to develop, prototype, test, and field new

business processes and practices to improve defense manage-

ment capabilities.

(7) Academic research and educational activities related

to defense management missions to promote—

(A) development of innovative management concepts;

(B) analyses and addressing of appropriate manage-

ment challenges; and

the defense management workforce.

(8) Academic research and independent studies from feder-

ally funded research and development centers assessing lessons

learned from previous Departmental management reform initia-

tives and whether legacy organizations exist and should be

consolidated.

LAN

EQUIRED

.—Not later than February 1, 2023, the

Secretary of Defense shall submit to the congressional defense

committees a plan for carrying out the activities under this section.

(d) B

RIEFINGS

.—

(1) I

NITIAL BRIEFING

.—Not later than July 1, 2022, the

Secretary of Defense shall provide to the congressional defense

committees an initial briefing on the activities carried out and

plans developed under this section.

(2) S

UBSEQUENT BRIEFING

.—On a date occurring after the

briefing under paragraph (1), but not later than July 1, 2023,

the Secretary of Defense shall provide to the congressional

defense committees a briefing on the activities carried out

and plans developed under this section.

SEC. 909. DIGITAL TALENT RECRUITING OFFICER.

(a) D

IGITAL

ALENT

ECRUITING FOR THE

EPARTMENT OF

EFENSE

.—

(1) I

N GENERAL

.—Not later than 270 days after the date

of the enactment of this Act, the Secretary of Defense shall

designate a chief digital recruiting officer within the office

of the Under Secretary of Defense for Personnel and Readiness

to carry out the responsibilities set forth in paragraph (2).

(2) R

ESPONSIBILITIES

.—The chief digital recruiting officer

shall be responsible for—

(A) identifying Department of Defense needs for, and

skills gaps in, specific types of civilian digital talent;

(B) recruiting individuals with the skills that meet

the needs and skills gaps identified under subparagraph

(A), in partnership with the military departments and other

organizations and elements of the Department;

are incorporated into civilian recruiting strategies;

(D) when appropriate and within authority granted

under other Federal law, offering recruitment and referral

bonuses; and

(E) partnering with human resource teams in the mili-

tary departments and other organizations and elements

Deadline.

10 USC 501 note

prec.

Deadlines.

Deadline.

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135 STAT. 1877 PUBLIC LAW 117–81—DEC. 27, 2021

of the Department to help train all Department of Defense

human resources staff on the available hiring flexibilities

to accelerate the hiring of individuals with the skills that

fill the needs and skills gaps identified under subparagraph

(A).

(3) R

ESOURCES

.—The Secretary of Defense shall ensure

that the chief digital recruiting officer is provided with per-

sonnel and resources sufficient to carry out the duties set

forth in paragraph (2).

(4) R

OLE OF CHIEF HUMAN CAPITAL OFFICER

.—

(A) I

N GENERAL

.—The chief digital recruiting officer

shall report directly to the Chief Human Capital Officer

of the Department of Defense.

(B) I

NCORPORATION

.—The Chief Human Capital Officer

shall ensure that the chief digital recruiting officer is incor-

porated into the agency human capital operating plan and

recruitment strategy. In carrying out this paragraph, the

Chief Human Capital Officer shall ensure that the chief

digital recruiting officer’s responsibilities are deconflicted

with any other recruitment initiatives and programs.

(b) D

IGITAL

ALENT

EFINED

.—For the purposes of this section,

the term ‘‘digital talent’’ includes positions and capabilities in, or

related to, software development, engineering, and product manage-

ment; data science; artificial intelligence; distributed ledger tech-

nologies; autonomy; data management; product and user experience

design; and cybersecurity.

NNUAL

RIEFING

EQUIREMENT

.—Not later than one year

after the date of the enactment of this Act, and on an annual

basis thereafter, the chief digital recruiting officer shall provide

to the congressional defense committees a briefing on—

(1) the efforts of the Department of Defense to recruit

digital talent to positions in the Department; and

(2) a summary of any accomplishments and challenges

with respect to such recruiting.

(d) S

UNSET

.—The requirements under subsection (a) shall

expire on September 30, 2025.

SEC. 910. CROSS-FUNCTIONAL TEAM FOR EMERGING THREAT

RELATING TO ANOMALOUS HEALTH INCIDENTS.

(a) E

STABLISHMENT

.—Using the authority provided pursuant

to section 911(c) of the National Defense Authorization Act for

Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the

Secretary of Defense shall establish a cross-functional team to

address national security challenges posed by anomalous health

incidents (as defined by the Secretary) and ensure that individuals

affected by anomalous health incidents receive timely and com-

prehensive health care and treatment pursuant to title 10, United

States Code, for symptoms consistent with an anomalous health

incident.

(b) D

UTIES

.—The duties of the cross-functional team established

under subsection (a) shall be—

(1) to assist the Secretary of Defense with addressing the

challenges posed by anomalous health incidents and any other

efforts regarding such incidents that the Secretary determines

necessary; and

(2) to integrate the efforts of the Department of Defense

regarding anomalous health incidents with the efforts of other

10 USC 111 note.

Summaries.

Deadline.

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135 STAT. 1878 PUBLIC LAW 117–81—DEC. 27, 2021

departments or agency of the Federal Government regarding

such incidents.

EAM

EADERSHIP

.—The Secretary shall select an Under

Secretary of Defense to lead the cross-functional team and a senior

military officer to serve as the deputy to the Under Secretary

so selected.

(d) D

ETERMINATION OF

RGANIZATIONAL

OLES AND

ESPON

SIBILITIES

.—The Secretary, in consultation with the Director of

National Intelligence and acting through the cross-functional team

established under subsection (a), shall determine the roles and

responsibilities of the organizations and elements of the Department

of Defense with respect to addressing anomalous health incidents,

including the roles and responsibilities of the Office of the Secretary

of Defense, the intelligence components of the Department, Defense

agencies, Department of Defense field activities, the military depart-

ments, combatant commands, and the Joint Staff.

(e) B

RIEFINGS

.—

(1) I

NITIAL BRIEFING

.—Not later than 45 days after the

date of the enactment of this Act, the Secretary shall provide

to the appropriate congressional committees a briefing on—

(A) the progress of the Secretary in establishing the

cross-functional team; and

(B) the progress the team has made in—

(i) determining the roles and responsibilities of

the organizations and elements of the Department of

Defense with respect the cross-functional team; and

(ii) carrying out the duties under subsection (b).

(2) U

PDATES

.—Not later than 90 days after the date of

the enactment of this Act, and once every 60 days thereafter

during the one-year period following such date of enactment,

the Secretary shall provide to the appropriate congressional

committees a briefing containing updates with respect to the

efforts of the Department regarding anomalous health

incidents.

(f) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intel-

ligence of the Senate.

SEC. 911. ALIGNMENT OF CLOSE COMBAT LETHALITY TASK FORCE.

(a) I

ENERAL

.—Beginning not later than 60 days after the

date of the enactment of this Act, and continuing until the date

on which the Secretary of Defense submits to the congressional

defense committees the report described in subsection (b), the Sec-

retary shall reinstate—

(1) the initial alignment of the Close Combat Lethality

Task Force so that the Task Force reports directly to the

Secretary; and

(2) the designation of the Task Force as a cross-functional

team under section 911 of the National Defense Authorization

Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111

note).

Deadline.

Time period.

Deadlines.

Consultation.

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135 STAT. 1879 PUBLIC LAW 117–81—DEC. 27, 2021

(b) R

EPORT

ESCRIBED

.—The report described in this subsection

is a report on a proposed alternative alignment for the Close Combat

Lethality Task Force that includes—

(1) a description of—

(A) how the proposed alternative alignment of the Task

Force would—

(i) facilitate the effective pursuit of, and support

for, both materiel and non-materiel initiatives by the

Task Force;

(ii) maintain benefits for the Task Force similar

to the benefits associated with reporting directly to

the Secretary of Defense and designation as a cross-

functional team; and

(iii) ensure collaboration and support from the pri-

mary stakeholders in the Task Force, including the

Army, the Marine Corps, and the United States Special

Operations Command; and

(B) how the Task Force would be funded and gain

appropriate resourcing for cross-functional team initiatives

supported by the Secretary; and

(2) supporting analysis for the matters described in para-

graph (1).

XCEPTION

.—Subsection (a) does not apply if the President

submits to the congressional defense committees—

(1) a certification that implementing that subsection would

be detrimental to the defense interests of the United States;

and

(2) a justification for the certification.

SEC. 912. INDEPENDENT REVIEW OF AND REPORT ON THE UNIFIED

COMMAND PLAN.

(a) R

EVIEW

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense shall provide

for an independent review of the current Unified Command

Plan.

(2) E

LEMENTS

.—The review required by paragraph (1) shall

include the following:

(A) An assessment of the most recent Unified Com-

mand Plan with respect to—

(i) current and anticipated threats;

(ii) deployment and mobilization of the Armed

Forces; and

(iii) the most current versions of the National

Defense Strategy and Joint Warfighting Concept.

(B) An evaluation of the missions, responsibilities, and

associated force structure of each geographic and functional

combatant command.

fied Command Plan structures.

(D) Recommendations, if any, for alternative Unified

Command Plan structures.

(E) Recommendations, if any, on refining the manner

by which combatant commanders identify priority capabili-

ties, gaps, and operational requirements and how the

Department of Defense incorporates those identified ele-

ments into planning, programming, budgeting, execution,

and modernization processes.

Recommenda-

tions.

Recommenda-

tions.

Assessment.

Evaluation.

Assessment.

Certification.

President.

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135 STAT. 1880 PUBLIC LAW 117–81—DEC. 27, 2021

(F) Recommendations, if any, for modifications to sec-

tions 161 through 169 of title 10, United States Code.

(G) Any other matter the Secretary of Defense deter-

mines appropriate.

(3) C

ONDUCT OF REVIEW BY INDEPENDENT ENTITY

.—

(A) I

N GENERAL

.—The Secretary of Defense shall—

(i) seek to enter into an agreement with an entity

described in subparagraph (B) to conduct the review

required by paragraph (1); and

(ii) ensure that the review is conducted independ-

ently of the Department of Defense.

(B) E

NTITY DESCRIBED

.—An entity described in this

subparagraph is—

(i) a federally funded research and development

center; or

(ii) an independent, nongovernmental institute

that—

(I) is described in section 501(c)(3) of the

Internal Revenue Code of 1986;

(II) is exempt from tax under section 501(a)

of that Code; and

(III) has recognized credentials and expertise

in national security and military affairs.

(b) R

EPORT TO

ONGRESS

.—

(1) I

N GENERAL

.—Not later than October 1, 2022, the Sec-

retary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a

report that includes the results of the review conducted under

subsection (a).

(2) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form, but may include a classified

annex.

SEC. 913. STUDY AND REPORT ON THE ROLE AND ORGANIZATION OF

SPACE ASSETS IN THE RESERVE COMPONENTS.

(a) S

TUDY

.—The Secretary of Defense shall conduct a study

to determine the appropriate role and organization of space-related

assets within the reserve components of the Armed Forces.

(b) R

EPORT

.—Not later than March 31, 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

results of the study conducted under subsection (a).

LEMENTS

.—The report under subsection (b) shall include

the following:

(1) The determinations of the Secretary of Defense with

respect to the—

(A) the organization and integration of space-related

units within the reserve components of the Armed Forces;

(B) the staffing of such units, including the recruitment

and retention of personnel for such units (including any

reserve units of the Space force);

(D) the operational requirements applicable to such

units.

(2) An analysis of—

(A) the costs of establishing a Space National Guard

in accordance with subtitle C of title IX of H.R. 4350,

Analysis.

Determinations.

Determination.

Contracts.

Recommenda-

tions.

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135 STAT. 1881 PUBLIC LAW 117–81—DEC. 27, 2021

One Hundred Seventeenth Congress, as passed by the

House of Representatives on September 23, 2021; and

(B) how a Space National Guard established in accord-

ance with such subtitle would operate as part of the reserve

components.

(3) Based on the analysis under paragraph (2), the rec-

ommendations of the Secretary with respect to the potential

establishment of a Space National Guard.

(4) If applicable, any savings or costs that may result

from the preservation of the space-related force structures of

the Air National Guard, as such force structures are in effect

on the date of the enactment of this Act.

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 Depart-

ment of Defense planning, programming, budgeting, and execution proc-

ess.

Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Re-

form.

Subtitle B—Counterdrug Activities

Sec. 1007. Extension of authority to support a unified counterdrug and counterter-

rorism 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 pro-

grams.

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 indi-

viduals 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 indi-

viduals 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.

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.

Recommenda-

tions.

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135 STAT. 1882 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Congressional oversight of alternative compensatory control measures.

Sec. 1042. Modification of notification requirements for sensitive military oper-

ations.

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 con-

flict.

Sec. 1048. Limitation on availability of certain funding for operation and mainte-

nance.

Sec. 1049. Limitation on use of certain funds pending submission of report, strat-

egy, 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 poten-

tial 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 re-

porting requirements.

Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weap-

ons, 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 qual-

ity of life review.

Sec. 1062. Public availability of semi-annual summaries of reports.

Sec. 1063. Extension of reporting requirement regarding enhancement of informa-

tion 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-dimen-

sional 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 uni-

formed services voters in locations with limited or immature postal serv-

ice.

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.

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.

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135 STAT. 1883 PUBLIC LAW 117–81—DEC. 27, 2021

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.

Subtitle A—Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) A

UTHORITY TO

RANSFER

UTHORIZATIONS

.—

(1) A

UTHORITY

.—Upon determination by the Secretary of

Defense that such action is necessary in the national interest,

the Secretary may transfer amounts of authorizations made

available to the Department of Defense in this division for

fiscal year 2022 between any such authorizations for that fiscal

year (or any subdivisions thereof). Amounts of authorizations

so transferred shall be merged with and be available for the

same purposes as the authorization to which transferred.

(2) L

IMITATION

.—Except as provided in paragraph (3), the

total amount of authorizations that the Secretary may transfer

under the authority of this section may not exceed

$6,000,000,000.

(3) E

XCEPTION FOR TRANSFERS BETWEEN MILITARY PER

SONNEL AUTHORIZATIONS

.—A transfer of funds between military

personnel authorizations under title IV shall not be counted

toward the dollar limitation in paragraph (2).

(b) L

IMITATIONS

.—The authority provided by subsection (a) to

transfer authorizations—

(1) may only be used to provide authority for items that

have a higher priority than the items from which authority

is transferred; and

(2) may not be used to provide authority for an item that

has been denied authorization by Congress.

FFECT ON

UTHORIZATION

MOUNTS

.—A transfer made

from one account to another under the authority of this section

shall be deemed to increase the amount authorized for the account

to which the amount is transferred by an amount equal to the

amount transferred.

(d) N

OTICE TO

ONGRESS

.—The Secretary shall promptly notify

Congress of each transfer made under subsection (a).

SEC. 1002. REVISION OF LIMITATION ON FUNDING FOR COMBATANT

COMMANDS THROUGH COMBATANT COMMANDER INITIA-

TIVE FUND.

Section 166a(e)(1) of title 10, United States Code, is amended—

(1) in subparagraph (A)—

(A) by striking ‘‘$20,000,000’’ and inserting

‘‘$25,000,000’’; and

(B) by striking ‘‘$250,000’’ and inserting ‘‘$300,000’’;

(2) in subparagraph (B), by striking ‘‘$10,000,000’’ and

inserting ‘‘$15,000,000’’; and

(3) in subparagraph (C), by striking ‘‘$5,000,000’’ and

inserting ‘‘$10,000,000’’.

Determination.

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135 STAT. 1884 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1003. PLAN FOR CONSOLIDATION OF INFORMATION TECHNOLOGY

SYSTEMS USED IN DEPARTMENT OF DEFENSE PLANNING,

PROGRAMMING, BUDGETING, AND EXECUTION PROCESS.

Not later than 180 days after the date of the enactment of

this Act, the Under Secretary of Defense (Comptroller), in consulta-

tion with the Chief Information Officer and the Chief Data Officer

of the Department of Defense, shall submit to the congressional

defense committees a plan to consolidate the information technology

systems used to manage data and support the planning, program-

ming, budgeting, and execution process of the Department of

Defense. The plan shall include the consolidation of such systems

used by each of the military departments and such systems used

by the Defense Agencies, and shall address the retirement or elimi-

nation of such systems.

SEC. 1004. COMMISSION ON PLANNING, PROGRAMMING, BUDGETING,

AND EXECUTION REFORM.

(a) E

STABLISHMENT

.—

(1) I

N GENERAL

.—There is hereby established an inde-

pendent commission in the legislative branch to be known

as the ‘‘Commission on Planning, Programming, Budgeting,

and Execution Reform’’ (in this section referred to as the

‘‘Commission’’).

(2) D

ATE OF ESTABLISHMENT

.—The Commission shall be

established not later 30 days after the date of the enactment

of this Act.

(b) M

EMBERSHIP

.—

(1) N

UMBER AND APPOINTMENT

.—The Commission shall be

composed of 14 civilian individuals not employed by the Federal

Government who are recognized experts and have relevant

professional experience one or more of the following:

(A) Matters relating to the planning, programming,

budgeting, and execution process of the Department of

Defense.

(B) Innovative budgeting and resource allocation

methods of the private sector.

(D) Budget or program execution data analysis.

(2) M

EMBERS

.—The members shall be appointed as follows:

(A) The Secretary of Defense shall appoint two mem-

bers.

(B) The Majority Leader and the Minority Leader of

the Senate shall each appoint one member.

the Minority Leader shall each appoint one member.

(D) The Chair and the Ranking Member of the Com-

mittee on Armed Services of the Senate shall each appoint

one member.

(E) The Chair and the Ranking Member of the Com-

mittee on Armed Services of the House of Representatives

shall each appoint one member.

(F) The Chair and the Ranking Member of the Com-

mittee on Appropriations of the Senate shall each appoint

one member.

(G) The Chair and the Ranking Member of the Com-

mittee on Appropriations of the House of Representatives

shall each appoint one member.

Appointments.

Deadline.

Consultation.

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135 STAT. 1885 PUBLIC LAW 117–81—DEC. 27, 2021

(3) D

EADLINE FOR APPOINTMENT

.—Not later than 30 days

after the date described in subsection (a)(2), members shall

be appointed to the Commission.

(4) E

XPIRATION OF APPOINTMENT AUTHORITY

.—The

authority to make appointments under this subsection shall

expire on the date described in subsection (a)(2), and the

number of members of the Commission shall be reduced by

the number equal to the number of appointments so not made.

HAIR AND

ICE

HAIR

.—The Commission shall elect a

Chair and Vice Chair from among its members.

(d) P

ERIOD OF

PPOINTMENT AND

ACANCIES

.—Members shall

be appointed for the term of the Commission. A vacancy in the

Commission shall not affect its powers and shall be filled in the

same manner as the original appointment was made.

(e) P

URPOSE

.—The purpose of the Commission is to—

(1) examine the effectiveness of the planning, programming,

budgeting, and execution process and adjacent practices of the

Department of Defense, particularly with respect to facilitating

defense modernization;

(2) consider potential alternatives to such process and prac-

tices to maximize the ability of the Department of Defense

to respond in a timely manner to current and future threats;

and

(3) make legislative and policy recommendations to improve

such process and practices in order to field the operational

capabilities necessary to outpace near-peer competitors, provide

data and analytical insight, and support an integrated budget

that is aligned with strategic defense objectives.

(f) S

COPE AND

UTIES

.—The Commission shall perform the

following duties:

(1) Compare the planning, programming, budgeting, and

execution process of the Department of Defense, including the

development and production of documents including the

Defense Planning Guidance (described in section 113(g) of title

10, United States Code), the Program Objective Memorandum,

and the Budget Estimate Submission, with similar processes

of private industry, other Federal agencies, and other countries.

(2) Conduct a comprehensive assessment of the efficacy

and efficiency of all phases and aspects of the planning,

programming, budgeting, and execution process, which shall

include an assessment of—

(A) the roles of Department officials and the timelines

to complete each such phase or aspect;

(B) the structure of the budget of Department of

Defense, including the effectiveness of categorizing the

budget by program, appropriations account, major force

program, budget activity, and line item, and whether this

structure supports modern warfighting requirements for

speed, agility, iterative development, testing, and fielding;

capability and platform lifecycles, and transitioning tech-

nologies to production;

(D) the timelines, mechanisms, and systems for pre-

senting and justifying the budget of Department of Defense,

monitoring program execution and Department of Defense

budget execution, and developing requirements and

performance metrics;

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135 STAT. 1886 PUBLIC LAW 117–81—DEC. 27, 2021

(E) a review of the financial management systems of

the Department of Defense, including policies, procedures,

past and planned investments, and recommendations

related to replacing, modifying, and improving such sys-

tems to ensure that such systems and related processes

of the Department result in—

(i) effective internal controls;

(ii) the ability to achieve auditable financial state-

ments; and

(iii) the ability to meet other financial management

and operational needs; and

(F) a review of budgeting methodologies and strategies

of near-peer competitors to understand if and how such

competitors can address current and future threats more

or less successfully than the United States.

(3) Develop and propose recommendations to improve the

effectiveness of the planning, programming, budgeting, and

execution process.

(g) C

OMMISSION

EPORT AND

ECOMMENDATIONS

.—

(1) I

NTERIM REPORT

.—Not later than February 6, 2023,

the Commission shall submit to the Secretary of Defense and

the congressional defense committees an interim report

including the following:

(A) An examination of the development of the docu-

ments described in subsection (f)(1).

(B) An analysis of the timelines involved in developing

an annual budget request and the future-years defense

program (as described in section 221 of title 10, United

States Code), including the ability to make changes to

such request or such program within those timelines.

workforce in the Office of the Secretary of Defense and

the Office of Cost Assessment and Program Evaluation

to conduct budgetary and program evaluation analysis.

(D) An examination of efforts by the Department of

Defense to develop new and agile programming and budg-

eting to enable the United States to more effectively counter

near-peer competitors.

(E) A review of the frequency and sufficiency of budget

and program execution analysis, to include any existing

data analytics tools and any suggested improvements.

(F) Recommendations for internal reform to the Depart-

ment relating to the planning, programming, budgeting,

and execution process for the Department of Defense to

make internally.

(G) Recommendations for reform to the planning,

programming, budgeting, and execution process that

require statutory changes.

(H) Any other matters the Commission considers

appropriate.

(2) F

INAL REPORT

.—Not later than September 1, 2023, the

Commission shall submit to the Secretary of Defense and the

congressional defense committees a final report that includes

the elements required under paragraph (1).

(3) B

RIEFINGS

.—Not later than 180 days after the date

specified in subsection (a)(2), and not later than 30 days after

each of the interim and final reports are submitted, the

Deadline.

Review.

Examination.

Review.

Analysis.

Examination.

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135 STAT. 1887 PUBLIC LAW 117–81—DEC. 27, 2021

Commission shall provide to the congressional defense commit-

tees a briefing on the status of the review and assessment

conducted under subsection (f) and include a discussion of any

interim or final recommendations.

(4) F

ORM

.—The reports submitted to Congress under para-

graphs (1) and (2) shall be submitted in unclassified form

but may include a classified annex.

(h) G

OVERNMENT

OOPERATION

.—

(1) C

OOPERATION

.—In carrying out its duties, the Commis-

sion shall receive the full and timely cooperation of the Sec-

retary of Defense in providing the Commission with analysis,

briefings, and other information necessary for the fulfillment

of its responsibilities.

(2) L

IAISON

.—The Secretary shall designate at least one

officer or employee of the Department of Defense to serve

as a liaison between the Department and the Commission.

(3) D

ETAILEES AUTHORIZED

.—The Secretary may provide,

and the Commission may accept and employ, personnel detailed

from the Department of Defense, without reimbursement.

(4) F

ACILITATION

.—

(A) I

NDEPENDENT

NON

GOVERNMENT INSTITUTE

.—Not

later than 45 days after the date specified in subsection

(a)(2), the Secretary of Defense shall make available to

the Commission the services of an independent, nongovern-

mental organization, described under section 501(c)(3) of

the Internal Revenue Code of 1986 and which is exempt

from taxation under section 501(a) of such Code, which

has recognized credentials and expertise in national secu-

rity and military affairs, in order to facilitate the discharge

of the duties of the Commission under this section.

(B) F

EDERALLY FUNDED RESEARCH AND DEVELOPMENT

CENTER

.—On request of the Commission, the Secretary

of Defense shall make available the services of a federally

funded research and development center in order to

enhance the discharge of the duties of the Commission

under this section.

(i) S

TAFF

.—

(1) S

TATUS AS FEDERAL EMPLOYEES

.—Notwithstanding the

requirements of section 2105 of title 5, United States Code,

including the required supervision under subsection (a)(3) of

such section, the members of the commission shall be deemed

to be Federal employees.

(2) E

XECUTIVE DIRECTOR

.—The Commission shall appoint

and fix the rate of basic pay for an Executive Director in

accordance with section 3161(d) of title 5, United States Code.

(3) P

.—The Executive Director, with the approval of

the Commission, may appoint and fix the rate of basic pay

for additional personnel as staff of the Commission in accord-

ance with section 3161(d) of title 5, United States Code.

(j) P

ERSONAL

ERVICES

.—

(1) A

UTHORITY TO PROCURE

.—The Commission may—

(A) procure the services of experts or consultants (or

of organizations of experts or consultants) in accordance

with the provisions of section 3109 of title 5, United States

Code; and

(B) pay in connection with such services the travel

expenses of experts or consultants, including transportation

Deadline.

Designation.

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135 STAT. 1888 PUBLIC LAW 117–81—DEC. 27, 2021

and per diem in lieu of subsistence, while such experts

or consultants are traveling from their homes or places

of business to duty stations.

(2) M

AXIMUM DAILY PAY RATES

.—The daily rate paid an

expert or consultant procured pursuant to paragraph (1) may

not exceed the daily rate paid a person occupying a position

at level IV of the Executive Schedule under section 5315 of

title 5, United States Code.

(k) A

UTHORITY TO

CCEPT

IFTS

.—The Commission may accept,

use, and dispose of gifts or donations of services, goods, and property

from non-Federal entities for the purposes of aiding and facilitating

the work of the Commission. The authority in this subsection does

not extend to gifts of money. Gifts accepted under this authority

shall be documented, and conflicts of interest or the appearance

of conflicts of interest shall be avoided. Subject to the authority

in this section, commissioners shall otherwise comply with rules

set forth by the Select Committee on Ethics of the Senate and

the Committee on Ethics of the House of Representatives governing

Senate and House employees.

(l) L

EGISLATIVE

DVISORY

OMMITTEE

.—The Commission shall

operate as a legislative advisory committee and shall not be subject

to the provisions of the Federal Advisory Committee Act (Public

Law 92–463; 5 U.S.C. App) or section 552b, United States Code

(commonly known as the Government in the Sunshine Act).

(m) C

ONTRACTING

UTHORITY

.—The Commission may acquire

administrative supplies and equipment for Commission use to the

extent funds are available.

(n) U

SE OF

OVERNMENT

NFORMATION

.—The Commission may

secure directly from any department or agency of the Federal

Government such information as the Commission considers nec-

essary to carry out its duties. Upon such request of the chair

of the Commission, the head of such department or agency shall

furnish such information to the Commission.

(o) P

OSTAL

ERVICES

.—The Commission may use the United

States mail in the same manner and under the same conditions

as departments and agencies of the United States.

(p) S

PACE FOR

SE OF

OMMISSION

.—Not later than 30 days

after the establishment date of the Commission, the Administrator

of General Services, in consultation with the Commission, shall

identify and make available suitable excess space within the Federal

space inventory to house the operations of the Commission. If

the Administrator is not able to make such suitable excess space

available within such 30-day period, the Commission may lease

space to the extent the funds are available.

(q) R

EMOVAL OF

EMBERS

.—A member may be removed from

the Commission for cause by the individual serving in the position

responsible for the original appointment of such member under

subsection (b)(1), provided that notice has first been provided to

such member of the cause for removal and voted and agreed upon

by three quarters of the members serving. A vacancy created by

the removal of a member under this subsection shall not affect

the powers of the Commission, and shall be filled in the same

manner as the original appointment was made.

(r) T

ERMINATION

.—The Commission shall terminate 180 days

after the date on which it submits the final report required by

subsection (g)(2).

Deadline.

Consultation.

Compliance.

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135 STAT. 1889 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle B—Counterdrug Activities

SEC. 1007. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED

COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN

COLOMBIA.

Section 1021 of the Ronald W. Reagan National Defense

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118

Stat. 2042), as most recently amended by section 1021 of the

National Defense Authorization Act for Fiscal Year 2020 (Public

Law 116–92; 133 Stat. 1577), is further amended—

(1) in subsection (a)(1), by striking ‘‘2022’’ and inserting

‘‘2023’’; and

(2) in subsection (c), by striking ‘‘2022’’ and inserting

‘‘2023’’.

SEC. 1008. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUP-

PORT TO LAW ENFORCEMENT AGENCIES CONDUCTING

COUNTER-TERRORISM ACTIVITIES.

(a) E

XTENSION

.—Subsection (b) of section 1022 of the National

Defense Authorization Act for Fiscal Year 2004 (Public Law 108–

136; 10 U.S.C. 271 note) is amended by striking ‘‘2022’’ and inserting

‘‘2027’’.

(b) C

ONDITIONS

.—Subsection (d) of such section is amended—

(1) by striking paragraph (1);

(2) by striking (2);

(3) by redesignating subparagraphs (A) and (B) as para-

graphs (1) and (2), respectively, and adjusting the margins

accordingly; and

(4) in paragraph (2), as so redesignated, by striking

‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’.

Subtitle C—Naval Vessels and Shipyards

SEC. 1011. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION

PLAN.

(a) I

ENERAL

.—Section 231 of title 10, United States Code,

is amended—

(1) in subsection (b)(2), by adding at the end the following

new subparagraphs:

‘‘(G) The expected service life of each vessel in the naval

vessel force provided for under the naval vessel construction

plan, disaggregated by ship class, and the rationale for any

changes to such expectations from the previous year’s plan.

‘‘(H) A certification by the appropriate Senior Technical

Authority designated under section 8669b of this title of the

expected service life of each vessel in the naval vessel force

provided for under the naval vessel construction plan,

disaggregated by ship class, and the rationale for any changes

to such expectations from the previous year’s plan.

‘‘(I) For each battle force ship planned to be inactivated

during the five-year period beginning on the date of the sub-

mittal of the report, a description of the planned disposition

of each such ship following such inactivation and the potential

gaps in warfighting capability that will result from such ship

being removed from service.’’; and

Certification.

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135 STAT. 1890 PUBLIC LAW 117–81—DEC. 27, 2021

(2) in subsection (f), by adding at the end the following

new paragraph:

‘‘(6) The term ‘expected service life’ means the number

of years a naval vessel is expected to be in service.’’.

(b) R

EPEAL OF

ERMINATION OF

NNUAL

AVAL

ESSEL

ONSTRUCTION

LAN

.—Section 1061(c) of the National Defense

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10

U.S.C. 111 note) is amended by striking paragraph (15).

SEC. 1012. IMPROVING OVERSIGHT OF NAVY CONTRACTS FOR SHIP-

BUILDING, CONVERSION, AND REPAIR.

(a) I

ENERAL

.—Chapter 805 title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 8039. Deputy Commander of the Naval Sea Systems Com-

mand for the Supervision of Shipbuilding, Conver-

sion, and Repair

‘‘(a) I

ENERAL

.—The Secretary of the Navy shall establish

and appoint an individual to the position of Deputy Commander

of the Naval Sea Systems Command for the Supervision of Ship-

building, Conversion, and Repair (in this section referred to as

the ‘Deputy Commander’).

‘‘(b) Q

UALIFICATIONS

.—The Deputy Commander shall be a flag

officer of the Navy or an employee of the Navy in a Senior Executive

Service position who possesses the expertise required to carry out

the responsibilities specified in this section.

‘‘(c) R

EPORTING

.—The Deputy Commander shall report directly

to the Commander of the Naval Sea Systems Command.

‘‘(d) G

ENERAL

ESPONSIBILITIES

.—The Deputy Commander

shall oversee—

‘‘(1) the independent administration and management of

the execution of Department of Defense contracts awarded to

commercial entities for shipbuilding, conversion, and repair

at the facilities of such entities;

‘‘(2) the designated contract administration office of the

Department responsible for performing contract administration

services for such contracts;

‘‘(3) enforcement of requirements of such contracts to

ensure satisfaction of all contractual obligations;

‘‘(4) the work performed on such contracts to facilitate

greater quality and economy in the products and services being

procured; and

‘‘(5) on-site quality assurance by the Government for such

contracts, including inspections.

‘‘(e) N

-C

ONTRACT

DMINISTRATION

ERVICES

UNCTIONS

.—

The Deputy Commander shall manage the complexities and unique

demands of shipbuilding, conversion, and repair by overseeing the

performance of the following non-contract administration services

functions for Navy Program Executives Offices, fleet commanders,

and the Naval Sea Systems Command headquarters:

‘‘(1) Project oversight, including the following:

‘‘(A) Coordinating responses to non-contractual emer-

gent problems, as assigned by the Commander of Naval

Sea Systems Command.

‘‘(B) Jointly coordinating activities of precommissioning

crews and ship’s force, and other Government activities.

Appointment.

10 USC 8039.

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135 STAT. 1891 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(C) Communicating with customers and higher

authority regarding matters that may affect project execu-

tion.

‘‘(D) Contract planning and procurement, including

participation in acquisition planning and pre-award activi-

ties, including assessment of contractor qualifications.

‘‘(2) Technical authority, including the following:

‘‘(A) Execution of the technical authority responsibil-

ities by the Waterfront Chief Engineer.

‘‘(B) Execution of the waterfront technical authority

responsibilities of the Naval Sea Systems Command for

providing Government direction and coordination in the

resolution of technical issues.

‘‘(f) C

OMPREHENSIVE

ONTRACT

ANAGEMENT

.—The Deputy

Commander shall maintain direct relationships with the Director

of the Defense Contract Management Agency and the Director

of the Defense Contract Audit Agency to facilitate comprehensive

contract management and oversight of commercial entities awarded

a contract described in subsection (d)(1) and subcontractors (at

any tier).

‘‘(g) S

UBCONTRACTOR

UDITS

.—The Deputy Commander shall

request that the Director of the Defense Contract Audit Agency

perform periodic audits of subcontractors that perform cost-type

subcontracts or incentive subcontracts—

‘‘(1) that are valued at $50,000,000 or more; and

‘‘(2) for which the Deputy Commander oversees the des-

ignated contract administration office of the Department pursu-

ant to subsection (d)(2).

‘‘(h) A

NNUAL

RITTEN

SSESSMENT

.—(1) Not later than March

1 of each year, the Deputy Commander shall submit to the congres-

sional defense committees a written assessment summarizing the

activities and results associated with the contracts for which the

Deputy Commander oversees the designated contract administra-

tion office of the Department.

‘‘(2) Each written assessment required by paragraph (1) shall

include the following:

‘‘(A) A summary of shipbuilding performance that—

‘‘(i) includes common critical process metrics docu-

mented by the appropriate Navy supervisor of shipbuilding,

conversion, and repair for each commercial entity described

in subsection (d)(1);

‘‘(ii) outlines corrective action requests for critical

defects and any actions planned or taken to address them;

‘‘(iii) indicates waivers approved to support acceptance

trials, combined trials, and Navy acceptance of ship

delivery from the commercial entity described in subsection

(d)(1), to include the conditions requiring the approval of

each waiver; and

‘‘(iv) includes information on the extent to which letters

of delegation are used for each shipbuilding program to

provide for quality assurance oversight of subcontractors

(at any tier) by the Defense Contract Management Agency.

‘‘(B) A summary of any significant deficiencies in contractor

business systems or other significant contract discrepancies

documented by the appropriate Navy supervisor of shipbuilding,

conversion, and repair, the Defense Contract Management

Deadline.

Summaries.

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135 STAT. 1892 PUBLIC LAW 117–81—DEC. 27, 2021

Agency, or the Defense Contract Audit Agency for such con-

tracts, and any actions planned or taken in response.

‘‘(C) A summary of the results from audits and inspections

completed by Naval Sea Systems Command that evaluate the

performance of the appropriate Navy supervisor of shipbuilding,

conversion, and repair in executing their quality assurance

and contract administration responsibilities.

‘‘(D) A summary of any dedicated evaluation, such as a

review by a task force or working group, of the organizational

structure and resourcing plans and requirements that support

the supervision of shipbuilding, conversion, and repair, that—

‘‘(i) includes key findings, recommendations, and

implementation plans; and

‘‘(ii) indicates any additional support needed from other

organizations of the Department, such as the Defense Con-

tract Audit Agency and the Defense Contract Management

Agency, for implementation.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 805 of such title is amended by adding at the

end the following new item:

‘‘8039. Deputy Commander of the Naval Sea Systems Command for the Supervision

of Shipbuilding, Conversion, and Repair.’’.

FFECTIVE

ATE

.—On the date that is 30 days after the

date of enactment of the National Defense Authorization Act for

Fiscal Year 2023—

(1) this section and the amendments made by this section

shall take effect; and

(2) the Secretary of the Navy shall appoint an individual

to the position of Deputy Commander of the Naval Sea Systems

Command for the Supervision of Shipbuilding, Conversion, and

Repair and notify the congressional defense committees of such

appointment.

SEC. 1013. CODIFICATION OF REQUIREMENT FOR ASSESSMENTS PRIOR

TO START OF CONSTRUCTION ON FIRST SHIP OF A SHIP-

BUILDING PROGRAM.

(a) I

ENERAL

.—Chapter 863 of title 10, United States Code,

is amended by inserting after section 8669b the following new

section:

‘‘§ 8669c. Assessments required prior to start of construction

on first ship of a shipbuilding program

‘‘(a) I

ENERAL

.—The Secretary of the Navy may not approve

the start of construction of the first ship for any major shipbuilding

program until a period of 30 days has elapsed following the date

on which the Secretary—

‘‘(1) submits a report to the congressional defense commit-

tees on the results of any production readiness review;

‘‘(2) certifies to the congressional defense committees that

the findings of any such review support commencement of

construction; and

‘‘(3) certifies to the congressional defense committees that

the basic and functional design of the vessel is complete.

‘‘(b) R

EPORT

.—The report required by subsection (a)(1) shall

include, at a minimum, an assessment of each of the following:

Certification.

Reports.

Time period.

10 USC 8669c.

Appointment.

Notification.

10 USC 8039

prec.

10 USC 8031

prec.

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135 STAT. 1893 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(1) The maturity of the ship’s design, as measured by

stability of the ship contract specifications and the degree of

completion of detail design and production design drawings.

‘‘(2) The maturity of developmental command and control

systems, weapon and sensor systems, and hull, mechanical

and electrical systems.

‘‘(3) The readiness of the shipyard facilities and workforce

to begin construction.

‘‘(4) The Navy’s estimated cost at completion and the ade-

quacy of the budget to support the estimate.

‘‘(5) The Navy’s estimated delivery date and description

of any variance to the contract delivery date.

‘‘(6) The extent to which adequate processes and metrics

are in place to measure and manage program risks.

‘‘(c) D

EFINITIONS

.—For the purposes of subsection (a):

‘‘(1) B

ASIC AND FUNCTIONAL DESIGN

.—The term ‘basic and

functional design’, when used with respect to a vessel, means

design through computer aided models, that—

‘‘(A) fixes the major hull structure of the vessel;

‘‘(B) sets the hydrodynamics of the vessel; and

‘‘(C) routes major portions of all distributive systems

of the vessel, including electricity, water, and other utilities.

‘‘(2) F

IRST SHIP

.—The term ‘first ship’ applies to a ship

if—

‘‘(A) the ship is the first ship to be constructed under

that shipbuilding program; or

‘‘(B) the shipyard at which the ship is to be constructed

has not previously started construction on a ship under

that shipbuilding program.

‘‘(3) M

AJOR SHIPBUILDING PROGRAM

.—The term ‘major ship-

building program’ means a program for the construction of

combatant and support vessels required for the naval vessel

force, as reported within the annual naval vessel construction

plan required by section 231 of this title.

‘‘(4) P

RODUCTION READINESS REVIEW

.—The term ‘production

readiness review’ means a formal examination of a program

prior to the start of construction to determine if the design

is ready for production, production engineering problems have

been resolved, and the producer has accomplished adequate

planning for the production phase.

‘‘(5) S

TART OF CONSTRUCTION

.—The term ‘start of construc-

tion’ means the beginning of fabrication of the hull and super-

structure of the ship.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by inserting after the item relating

to section 8669b the following new item:

‘‘8669c. Assessments required prior to start of construction on first ship of a ship-

building program.’’.

ONFORMING

EPEAL

.—Section 124 of the National Defense

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122

Stat. 28; 10 U.S.C. 8661 note) is repealed.

SEC. 1014. LIMITATION ON DECOMMISSIONING OR INACTIVATING A

BATTLE FORCE SHIP BEFORE THE END OF EXPECTED

SERVICE LIFE.

(a) I

ENERAL

.—Chapter 863 of title 10, United States Code,

is amended by inserting after section 8678 the following new section:

10 USC 8661

prec.

Estimate.

Cost estimate.

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135 STAT. 1894 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘§ 8678a. Limitation on decommissioning or inactivating a

battle force ship before the end of expected

service life

‘‘(a) L

IMITATION

.—The Secretary of the Navy may not

decommission or inactivate a battle force ship before the end of

the expected service life of the ship.

‘‘(b) W

AIVER

.—The Secretary of the Navy may waive the limita-

tion under subsection (a) with respect to a battle force ship if—

‘‘(1) the Secretary submits to the congressional defense

committees the certification described in subsection (c) with

respect to such ship; and

‘‘(2) a period of 30 days has elapsed following the date

on which such certification was submitted.

‘‘(c) C

ERTIFICATION

ESCRIBED

.—A certification described in this

subsection is a certification that—

‘‘(1)(A) maintaining the battle force ship in a reduced oper-

ating status is not feasible;

‘‘(B) maintaining the ship with reduced capability is not

feasible;

‘‘(C) maintaining the ship as a Navy Reserve unit is not

feasible;

‘‘(D) transferring the ship to the Coast Guard is not feasible;

and

‘‘(E) maintaining the ship is not required to support the

most recent national defense strategy required by section 113(g)

of this title; and

‘‘(2) includes an explanation of—

‘‘(A) the options assessed and the rationale for the

determinations under subparagraphs (A) through (D) of

paragraph (1); and

‘‘(B) the rationale for the determination under subpara-

graph (E) of such paragraph.

‘‘(d) F

ORM

.—A certification submitted under subsection (b) shall

be submitted in unclassified form, but may include a classified

annex.

‘‘(e) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘battle force ship’ means the following:

‘‘(A) A commissioned United States Ship warship

capable of contributing to combat operations.

‘‘(B) A United States Naval Ship that contributes

directly to Navy warfighting or support missions.

‘‘(2) The term ‘expected service life’ means the number

of years a naval vessel is expected to be in service.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 863 of such title is amended by inserting after

the item relating to section 8678 the following new item:

‘‘8678a. 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.

(a) T

ECHNICAL

ORRECTION

.—The second section 8692 of title

10, United States Code, as added by section 1026 of the William

M. (Mac) Thornberry National Defense Authorization Act for Fiscal

Year 2021 (Public Law 116–283), is redesignated as section 8693

and the table of sections at the beginning of chapter 863 of such

title is conformed accordingly.

10 USC 8661

prec.

10 USC 8661

prec.

Time period.

10 USC 8678a.

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135 STAT. 1895 PUBLIC LAW 117–81—DEC. 27, 2021

(b) M

ODIFICATION OF

EPORT

.—Such section is further

amended—

(1) by striking ‘‘Not later’’ and inserting ‘‘(a) I

ENERAL

.—

Not later’’;

(2) in subsection (a), as so redesignated, by adding at

the end the following new paragraph:

‘‘(7) An analysis of the potential benefits of multi-year

procurement contracting for the stability of the shipbuilding

defense industrial base.’’; and

(3) by adding at the end the following new subsection:

‘‘(b) S

OLICITATION AND

NALYSIS OF

NFORMATION

.—In order

to carry out subsection (a)(2), the Secretary of the Navy and Sec-

retary of Labor shall—

‘‘(1) solicit information regarding the age demographics

and occupational experience level from the private shipyards

of the shipbuilding defense industrial base; and

‘‘(2) analyze such information for findings relevant to car-

rying out subsection (a)(2), including findings related to the

current and projected defense shipbuilding workforce, current

and projected labor needs, and the readiness of the current

and projected workforce to supply the proficiencies analyzed

in subsection (a)(1).’’.

SEC. 1016. ANNUAL REPORT ON SHIP MAINTENANCE.

(a) I

ENERAL

.—Chapter 863 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 8694. Annual report on ship maintenance

‘‘(a) R

EPORT

EQUIRED

.—Not later than October 15 of each

year, the Secretary of the Navy shall submit to the Committees

on Armed Services of the Senate and House of Representatives

a report setting forth each of the following:

‘‘(1) A description of all ship maintenance planned for the

fiscal year during which the report is submitted, by hull.

‘‘(2) The estimated cost of the maintenance described pursu-

ant to paragraph (1).

‘‘(3) A summary of all ship maintenance conducted by the

Secretary during the previous fiscal year.

‘‘(4) A detailed description of any ship maintenance that

was deferred during the previous fiscal year, including specific

reasons for the delay or cancellation of any availability.

‘‘(5) A detailed description of the effect of each of the

planned ship maintenance actions that were delayed or can-

celled during the previous fiscal year, including—

‘‘(A) a summary of the effects on the costs and schedule

for each delay or cancellation; and

‘‘(B) the accrued operational and fiscal cost of all the

deferments over the fiscal year.

‘‘(b) F

ORM OF

EPORT

.— Each report submitted under sub-

section (a) shall be submitted in unclassified form and made publicly

available on an appropriate internet website in a searchable format,

but may contain a classified annex.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by adding at the end the following

new section:

‘‘8694. Annual report on ship maintenance.’’.

10 USC 8661

prec.

Public

information.

Web posting.

Deferment costs.

Summary.

Schedule.

Summary.

Cost estimate.

10 USC 8694.

Analysis.

Contracts.

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135 STAT. 1896 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1017. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIRE-

MENT REPORTING.

(a) I

ENERAL

.—Chapter 863 of title 10, United States Code,

as amended by section 1023, is further amended by adding at

the end the following new section:

‘‘SEC. 8695. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIRE-

MENT REPORTING.

‘‘(a) I

ENERAL

.—Not later than 180 days after the date on

which a covered event occurs, the Chief of Naval Operations shall

submit to the congressional defense committees a battle force ship

assessment and requirement.

‘‘(b) A

SSESSMENT

.—Each assessment required by subsection (a)

shall include the following:

‘‘(1) A review of the strategic guidance of the Federal

Government, the Department of Defense, and the Navy for

identifying priorities, missions, objectives, and principles, in

effect as of the date on which the assessment is submitted,

that the force structure of the Navy must follow.

‘‘(2) An identification of the steady-state demand for mari-

time security and security force assistance activities.

‘‘(3) An identification of the force options that can satisfy

the steady-state demands for activities required by theater

campaign plans of combatant commanders.

‘‘(4) A force optimization analysis that produces a day-

to-day global posture required to accomplish peacetime and

steady-state tasks assigned by combatant commanders.

‘‘(5) A modeling of the ability of the force to fight and

win scenarios approved by the Department of Defense.

‘‘(6) A calculation of the number and global posture of

each force element required to meet steady-state presence

demands and warfighting response timelines.

‘‘(c) R

EQUIREMENT

.—(1) Each requirement required by sub-

section (a) shall—

‘‘(A) be based on the assessment required by subsection

(b); and

‘‘(B) identify, for each of the fiscal years that are five,

10, 15, 20, 25, and 30 years from the date of the covered

event—

‘‘(i) the total number of battle force ships required;

‘‘(ii) the number of battle force ships required in each

of the categories described in paragraph (2);

‘‘(iii) the classes of battle force ships included in each

of the categories described in paragraph (2); and

‘‘(iv) the number of battle force ships required in each

class.

‘‘(2) The categories described in this paragraph are the fol-

lowing:

‘‘(A) Aircraft carriers.

‘‘(B) Large surface combatants.

‘‘(C) Small surface combatants.

‘‘(D) Amphibious warfare ships.

‘‘(E) Attack submarines.

‘‘(F) Ballistic missile submarines.

‘‘(G) Combat logistics force.

‘‘(H) Expeditionary fast transport.

‘‘(I) Expeditionary support base.

Time periods.

Analysis.

Review.

Deadline.

10 USC 8695.

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135 STAT. 1897 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(J) Command and support.

‘‘(K) Other.

‘‘(d) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘battle force ship’ means the following:

‘‘(A) A commissioned United States Ship warship

capable of contributing to combat operations.

‘‘(B) A United States Naval Ship that contributes

directly to Navy warfighting or support missions.

‘‘(2) The term ‘covered event’ means a significant change

to any of the following:

‘‘(A) Strategic guidance that results in changes to the-

ater campaign plans or warfighting scenarios.

‘‘(B) Strategic laydown of vessels or aircraft that affects

sustainable peacetime presence or warfighting response

timelines.

‘‘(C) Operating concepts, including employment cycles,

crewing constructs, or operational tempo limits, that affect

peacetime presence or warfighting response timelines.

‘‘(D) Assigned missions that affect the type or quantity

of force elements.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 863 of such title is further amended by adding

at the end the following new item:

‘‘8695. Navy battle force ship assessment and requirement reporting.’’.

ASELINE

SSESSMENT AND

EQUIREMENT

EQUIRED

.—The

date of the enactment of this Act is deemed to be a covered event

for the purposes of establishing a baseline battle force ship assess-

ment and requirement under section 8695 of title 10, United States

Code, as added by subsection (a).

SEC. 1018. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF

MARK VI PATROL BOATS.

(a) P

ROHIBITION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2022 for the Navy may be obligated or expended to retire, prepare

to retire, or place in storage any Mark VI patrol boat.

(b) R

EPORT

.—Not later than February 15, 2022, the Secretary

of the Navy, in consultation with the Commandant of the Marine

Corps, shall submit to the congressional defense committees a report

that includes each of the following:

(1) The rationale for the retirement of existing Mark VI

patrol boats, including an operational analysis of the effect

of such retirements on the warfighting requirements of the

commanders of each of the combatant commands.

(2) A review of how the Fifth Fleet requirements, which

are currently being met by Mark VI patrol boats, will continue

to be met without such boats, including an evaluation of the

cumulative effect of eliminating Mark VI patrol boats in addi-

tion to other recent reductions in Navy riverine force structure,

such as riverine command boats, in the theater.

(3) An update on the implementation of the corrective

actions and lessons learned from the Navy’s investigation of

the January 12, 2016, incident in which 10 United States

sailors were detained by Iranian forces near Farsi Island, the

extent to which retiring existing Mark VI patrol boats will

affect such implementation, and how such implementation will

be sustained in the absence of Mark VI patrol boats.

Update.

Review.

Consultation.

10 USC 8695

note.

10 USC 8661

prec.

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135 STAT. 1898 PUBLIC LAW 117–81—DEC. 27, 2021

(4) A review of operating concepts for escorting high value

units without Mark VI patrol boats.

(5) A description of the manner and concept of operations

in which the Marine Corps could use Mark VI patrol boats

to support distributed maritime operations, advanced expedi-

tionary basing operations, and persistent presence near mari-

time choke points and strategic littorals in the Indo-Pacific

region.

(6) An assessment of the potential for modification, and

the associated costs, of the Mark VI patrol boat for the inclusion

of loitering munitions or anti-ship cruise missiles, such as the

Long Range Anti-Ship Missile and the Naval Strike Missile,

particularly to support the concept of operations described in

paragraph (5).

(7) A description of resources required for the Marine Corps

to possess, man, train, and maintain Mark VI patrol boats

in the performance of the concept of operations described in

paragraph (5) and modifications described in paragraph (6).

(8) A determination of whether the Marine Corps should

take possession of the Mark VI patrol boats effective on or

before September 30, 2022.

(9) Such other matters the Secretary determines appro-

priate.

SEC. 1019. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVA-

TION OF GUIDED MISSILE CRUISERS.

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 retire, prepare to

retire, inactivate, or place in storage more than 5 guided missile

cruisers.

SEC. 1020. REVIEW OF SUSTAINMENT KEY PERFORMANCE PARAM-

ETERS FOR SHIPBUILDING PROGRAMS.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, the Chairman of the Joint Chiefs of

Staff shall initiate a review of the Joint Capabilities Integration

and Development System policy related to the setting of

sustainment key performance parameters and key system attributes

for shipbuilding programs to ensure such parameters and attributes

account for a comprehensive range of factors that could affect the

operational availability and materiel availability of a ship. Such

review shall include the extent to which—

(1) the term ‘‘operational availability’’ should be redefined

by mission area and to include equipment failures that affect

the ability of a ship to perform primary missions; and

(2) the term ‘‘materiel availability’’ should be redefined

to take into account factors that could result in a ship being

unavailable for operations, including unplanned maintenance,

unplanned losses, and training.

(b) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Chairman of the Joint Chiefs

of Staff shall submit to congressional defense committees a report

on the findings and recommendations of the review required under

paragraph (a).

Deadline.

Determination.

Effective date.

Assessment.

Review.

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135 STAT. 1899 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1021. ASSESSMENT OF SECURITY OF GLOBAL MARITIME

CHOKEPOINTS.

(a) I

ENERAL

.—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 security

of global maritime chokepoints from the threat of hostile kinetic

attacks, cyber disruptions, and other form of sabotage. The report

shall include an assessment of each of the following with respect

to each global maritime chokepoint covered by the report:

(1) The expected length of time and resources required

for operations to resume at the chokepoint in the event of

attack, sabotage, or other disruption of regular maritime oper-

ations.

(2) The security of any secondary chokepoint that could

be affected by a disruption at the global maritime chokepoint.

(3) Options to mitigate any vulnerabilities resulting from

a hostile kinetic attack, cyber disruption, or other form of

sabotage at the chokepoint.

(b) F

ORM OF

EPORT

.—The report required by subsection (a)

shall be submitted in unclassified form, but may contain a classified

annex.

LOBAL

ARITIME

HOKEPOINT

.—In this section, the term

‘‘global maritime chokepoint’’ means any of the following:

(1) The Panama Canal.

(2) The Suez Canal.

(3) The Strait of Malacca.

(4) The Strait of Hormuz.

(5) The Bab el-Mandeb Strait.

(6) Any other chokepoint determined appropriate by the

Secretary.

SEC. 1022. REPORT ON ACQUISITION, DELIVERY, AND USE OF MOBILITY

ASSETS THAT ENABLE IMPLEMENTATION OF EXPEDI-

TIONARY ADVANCED BASE OPERATIONS.

(a) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of the Navy shall

submit to the congressional defense committees a report that

includes a detailed description of each of the following:

(1) The doctrine, organization, training, materiel, leader-

ship and education, personnel, and facilities required to operate

and maintain a force of 24 to 35 Light Amphibious Warships,

including—

(A) the estimated timeline for procuring and delivering

such warships;

(B) the estimated cost to procure, man, train, operate,

maintain, and modernize such warships for each of the

10 years following the year in which the report is sub-

mitted, together with the notional Department of Defense

appropriations account associated with each such cost; and

Amphibius Warship procurement plan and delivery

schedule.

(2) The specific number, type, and mix of manned and

unmanned platforms required to support distributed maritime

operations and expeditionary advanced base operations.

(3) The feasibility of Marine Littoral Regiments using other

joint and interagency mobility platforms prior to, in addition

Cost estimate.

Time period.

Timeline.

Reports.

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135 STAT. 1900 PUBLIC LAW 117–81—DEC. 27, 2021

to, or in lieu of the operational availability of Light Amphibious

Warships, including—

(A) Army LCU-2000, Runnymede-class and General

Frank S. Besson-class logistics support vessels;

(B) Navy LCU-1610 or LCU-1700, Landing Craft Air

Cushioned, and Ship-to-Shore Connector vessels;

(i) are available as of the date of the enactment

of this Act; and

(ii) meet Marine Littoral Regiment requirements

for movement, maneuver, sustainment, training, inter-

operability, and cargo capacity and delivery;

(D) maritime prepositioning force vessels; and

(E) Coast Guard vessels.

(4) The specific number, type, and mix of long range

unmanned surface vessel platforms required to support distrib-

uted maritime operations, expeditionary advanced base oper-

ations, along with their operational interaction with the

warfighting capabilities of the fleet, including—

(A) the estimated timeline for procuring and delivering

such platforms; and

(B) the estimated cost to procure, man, train, operate,

maintain, and modernize such platforms for each of the

10 years following the year in which the report is sub-

mitted, together with the notional Department of Defense

appropriations account associated with each such cost.

(5) The feasibility of integrating Marine Littoral Regiments

with—

(A) special operations activities;

(B) joint and interagency planning;

(D) command, control, communications, computer,

intelligence, surveillance and reconnaissance, and security

cooperation activities.

(6) The projected cost and timeline for deploying Marine

Littoral Regiments, including—

(A) the extent to which such regiments will deploy

with the capabilities listed in paragraphs (1) through (5)

during each of the 10 years following the year in which

the report is submitted; and

(B) options to accelerate such deployments or increase

the capabilities of such regiments if additional resources

are available, together with a description of such resources.

(b) F

ORM OF

EPORT

.—The report required by subsection (a)

shall be submitted in a publicly accessible, unclassified form, but

may contain a classified annex.

Subtitle D—Counterterrorism

SEC. 1031. INCLUSION IN COUNTERTERRORISM BRIEFINGS OF

INFORMATION ON USE OF MILITARY FORCE IN COLLEC-

TIVE SELF-DEFENSE.

Section 485(a) of title 10, United States Code, is amended

by inserting after ‘‘activities’’ the following: ‘‘, including the use

of military force under the notion of collective self-defense of foreign

partners’’.

Public

information.

Time period.

Cost estimate.

Time period.

Timeline.

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135 STAT. 1901 PUBLIC LAW 117–81—DEC. 27, 2021

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.

Section 1035 of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132

Stat. 1954), as most recently amended by section 1043 of the Wil-

liam M. (Mac) Thornberry National Defense Authorization Act for

Fiscal Year 2021 (Public Law 116–283), is further amended by

striking ‘‘December 31, 2021’’ and inserting ‘‘December 31,2022’’.

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.

Section 1033 of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132

Stat. 1953), as most recently amended by section 1041 of the Wil-

liam M. (Mac) Thornberry National Defense Authorization Act for

Fiscal Year 2021 (Public Law 116–283), is further amended by

striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’.

SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CON-

STRUCT OR MODIFY FACILITIES IN THE UNITED STATES

TO HOUSE DETAINEES TRANSFERRED FROM UNITED

STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

Section 1034(a) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132

Stat. 1954), as most recently amended by section 1042 of the Wil-

liam M. (Mac) Thornberry National Defense Authorization Act for

Fiscal Year 2021 (Public Law 116–283), is further amended by

striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’.

SEC. 1035. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE

OR RELINQUISH CONTROL OF UNITED STATES NAVAL

STATION, GUANTANAMO BAY, CUBA.

Section 1036 of the National Defense Authorization Act for

Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551), as most

recently amended by section 1044 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 2018 through 2021’’ and inserting ‘‘any of fiscal years 2018

through 2022’’.

SEC. 1036. REPORT ON MEDICAL CARE PROVIDED TO DETAINEES AT

UNITED STATES NAVAL STATION, GUANTANAMO BAY,

CUBA.

(a) R

EPORT

.—Not later than 120 days after the date of the

enactment of this Act, the Chief Medical Officer of United States

Naval Station, Guantanamo Bay (in this section referred to as

the ‘‘Chief Medical Officer’’), shall submit to the Committees on

Armed Services of the Senate and the House of Representatives

a report on the provision of medical care to individuals detained

at Guantanamo.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include the following:

134 Stat. 3847.

134 Stat. 3846.

134 Stat. 3847.

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135 STAT. 1902 PUBLIC LAW 117–81—DEC. 27, 2021

(1) An assessment of the quality of medical care provided

to individuals detained at Guantanamo, including whether such

care meets applicable standards of care.

(2) A description of the medical facilities and resources

at United States Naval Station, Guantanamo Bay, Cuba, avail-

able to individuals detained at Guantanamo.

(3) A description of the medical facilities and resources

not at United States Naval Station, Guantanamo Bay, that

would be made available to individuals detained at Guanta-

namo as necessary to meet applicable standards of care.

(4) A description of the range of medical conditions experi-

enced by individuals detained at Guantanamo as of the date

on which the report is submitted.

(5) A description of the range of medical conditions likely

to be experienced by individuals detained at Guantanamo, given

the medical conditions of such individuals as of the date on

which the report is submitted and the likely effects of aging.

(6) An assessment of any gaps between—

(A) the medical facilities and resources described in

paragraphs (2) and (3); and

(B) the medical facilities and resources required to

provide medical care necessary to meet applicable stand-

ards of care for the medical conditions described in para-

graphs (4) and (5).

(7) The plan of the Chief Medical Officer to address the

gaps described in paragraph (6), including the estimated costs

associated with addressing such gaps.

(8) An assessment of whether the Chief Medical Officer

has secured from the Department of Defense access to individ-

uals, information, or other assistance that the Chief Medical

Officer considers necessary to enable the Chief Medical Officer

to carry out the Chief Medical Officer’s duties, including full

and expeditious access to the following:

(A) Any individual detained at Guantanamo.

(B) Any medical records of any individual detained

at Guantanamo.

working, or have worked, at United States Naval Station,

Guantanamo Bay.

ORM OF

EPORT

.—The report required by subsection (a)

shall be submitted in classified form.

(d) D

EFINITIONS

.—In this section, the terms ‘‘individual

detained at Guantanamo’’, ‘‘medical care’’, and ‘‘standard of care’’

have the meanings given those terms in section 1046(e) of the

National Defense Authorization Act for Fiscal Year 2020 (Public

Law 116–92; 133 Stat. 1586; 10 U.S.C. 801 note).

Subtitle E—Miscellaneous Authorities and

Limitations

SEC. 1041. CONGRESSIONAL OVERSIGHT OF ALTERNATIVE COMPEN-

SATORY CONTROL MEASURES.

(a) L

IMITATION ON

VAILABILITY OF

UNDS

ENDING

UBMIS

SION OF

EPORT

.—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 Office of the Under Secretary of

Classified

information.

Assessment.

Plan.

Cost estimates.

Assessment.

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135 STAT. 1903 PUBLIC LAW 117–81—DEC. 27, 2021

Defense for Policy, 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 required

under section 119a(a) for 2021.

(b) C

ONGRESSIONAL

VERSIGHT

.—Section 119a of title 10,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(g) C

ONGRESSIONAL

VERSIGHT

.—(1) Neither the Secretary of

Defense nor the Director of National Intelligence may take any

action that would have the effect of limiting the access of the

congressional defense committees to—

‘‘(A) any classified program, or any information about any

classified program, to which such committees have access as

of the date of the enactment of the National Defense Authoriza-

tion Act for Fiscal Year 2022; or

‘‘(B) any classified program established, or any information

about any classified program that becomes available, after the

date of the enactment of such Act that is within the jurisdiction

of such committees.

‘‘(2) In this subsection, the term ‘classified program’ includes

any special access program, alternative compensatory control

measure, or any other controlled access program.’’.

SEC. 1042. MODIFICATION OF NOTIFICATION REQUIREMENTS FOR SEN-

SITIVE MILITARY OPERATIONS.

Section 130f(d) of title 10, United States Code, is amended—

(1) by striking ‘‘(1) Except as provided in paragraph (2),

in’’ and inserting ‘‘In’’;

(2) by striking paragraph (2);

(3) by redesignating subparagraphs (A) and (B) as para-

graphs (1) and (2), respectively;

(4) in paragraph (1), as so redesignated, by striking ‘‘;

or’’ and inserting a semicolon;

(5) in paragraph (2), as so redesignated, by striking the

period at the end and inserting ‘‘; or’’; and

(6) by adding at the end the following new paragraph:

‘‘(3) an operation conducted by the armed forces to free

an individual from the control of hostile foreign forces.’’.

SEC. 1043. AUTHORITY TO PROVIDE SPACE AND SERVICES TO MILI-

TARY WELFARE SOCIETIES.

Section 2566 of title 10, United States Code is amended—

(1) in subsection (a), by striking ‘‘of a military department’’

and inserting ‘‘concerned’’; and

(2) in subsection (b)(1), by adding at the end the following

new subparagraph:

‘‘(D) The Coast Guard Mutual Assistance.’’.

SEC. 1044. CONGRESSIONAL NOTIFICATION OF SIGNIFICANT ARMY

FORCE STRUCTURE CHANGES.

(a) N

OTIFICATION

EQUIREMENT

.—

(1) I

N GENERAL

.—Chapter 711 of title 10, United States

Code, is amended by inserting after section 7101 the following

new section:

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135 STAT. 1904 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘§ 7102. Congressional notification of significant Army force

structure changes

‘‘(a) N

OTIFICATION

EQUIRED

.—Except as provided in subsection

(c), the Secretary of the Army shall submit to the congressional

defense committees written notification of any decision to make

a significant change to Army force structure prior to implementing

or announcing such change.

‘‘(b) C

ONTENTS

.—A notification required under subsection (a)

shall include each of the following:

‘‘(1) The justification for the planned change.

‘‘(2) A description of the details of the planned change

and timing for implementation.

‘‘(3) A description of the operational implications of the

planned change.

‘‘(4) The estimated costs of such change.

‘‘(c) E

XCEPTION

.—The notification requirement under subsection

(a) shall not apply if the Secretary of Defense certifies to the

congressional defense committees in advance that the planned Army

force structure change must be implemented immediately for rea-

sons of military urgency.

‘‘(d) D

EFINITION OF

IGNIFICANT

HANGE TO

RMY

ORCE

TRUCTURE

.—In this section, the term ‘significant change to Army

force structure’ means—

‘‘(1) a change in the number, type, or component of brigade-

level organizations or higher-echelon headquarters;

‘‘(2) a change in the number or component of theater-

level capabilities, such as a multi-domain task force, Terminal

High Altitude Area Defense, long range fires unit, or head-

quarters; or

‘‘(3) a permanent or temporary activation or inactivation

of an experimental unit or brigade-size or higher task force.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 7101 the following new item:

‘‘7102. Congressional notification of significant Army force structure changes.’’.

(b) B

RIEFING ON

RMY

TRUCTURE

EMORANDUM

.—Prior to

issuing the Army Structure Memorandum derived from the Total

Army Analysis, the Secretary of the Army shall provide to the

congressional defense committees a briefing on the memorandum.

The briefing shall include a description of each of the following:

(1) The guidance and direction provided to the Army by

the Secretary of Defense in the Defense Planning Guidance

or other directives.

(2) Any scenarios and assumptions used to conduct the

analysis.

(3) Any significant force design updates incorporated in

the analysis.

(4) Any significant Army force structure changes directed

in the Army Structure Memorandum.

(5) Any substantive changes of assessed risk associated

with changes directed in the memorandum.

SEC. 1045. PROHIBITION ON USE OF NAVY, MARINE CORPS, AND SPACE

FORCE AS POSSE COMITATUS.

(a) I

ENERAL

.—Section 1385 of title 18, United States Code,

is amended—

10 USC 7101

prec.

Certification.

Cost estimates.

10 USC 7102.

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135 STAT. 1905 PUBLIC LAW 117–81—DEC. 27, 2021

(1) by striking ‘‘or’’ after ‘‘Army’’ and inserting ‘‘, the Navy,

the Marine Corps,’’;

(2) by inserting ‘‘, or the Space Force’’ after ‘‘Air Force’’;

and

(3) in the section heading, by striking ‘‘Army and Air

Force’’ and inserting ‘‘Army, Navy, Marine Corps, Air

Force, and Space Force’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 67 of such title is amended by striking the item

relating to section 1385 and inserting the following new item:

‘‘1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse com-

itatus’’.

SEC. 1046. COMPARATIVE TESTING REPORTS FOR CERTAIN AIRCRAFT.

(a) M

ODIFICATION OF

IMITATION

.—Section 134(b) of the

National Defense Authorization Act for Fiscal Year 2017 (Public

Law 114–328; 130 Stat. 2037) is amended by striking ‘‘the report

under subsection (e)(2)’’ and inserting ‘‘a report that includes the

information described in subsection (e)(2)(C)’’.

(b) C

OMPARATIVE

ESTING

EPORTS

EQUIRED

.—

(1) R

EPORT FROM DIRECTOR OF OPERATIONAL TEST AND

EVALUATION

.—Not later than 53 days after the date of the

enactment of this Act, the Director of Operational Test and

Evaluation shall submit to the congressional defense commit-

tees a report that includes the information described in section

134(e)(1)(B) of the National Defense Authorization Act for Fiscal

Year 2017 (Public Law 114–328; 130 Stat. 2038).

(2) R

EPORT FROM SECRETARY OF THE AIR FORCE

.—Not later

than 53 days after the date of the submission of the report

under paragraph (1), the Secretary of the Air Force shall submit

to the congressional defense committees a report that includes

the information described in section 134(e)(2)(C) of the National

Defense Authorization Act for Fiscal Year 2017 (Public Law

114–328; 130 Stat. 2038).

SEC. 1047. SPECIAL OPERATIONS FORCES JOINT OPERATING CONCEPT

FOR COMPETITION AND CONFLICT.

(a) I

ENERAL

.—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 and the Commander

of the United States Special Operations Command shall jointly

submit to the congressional defense committees a Special Oper-

ations Forces joint operating concept for competition and conflict.

(b) E

LEMENTS

.—The joint operating concept required by sub-

section (a) shall include the following:

(1) A detailed description of the manner in which special

operations forces will be expected to operate in the future

across the spectrum of operations, including operations below

the threshold of traditional armed conflict, crisis, and armed

conflict.

(2) An explanation of the roles and responsibilities of the

national mission force and the theater special operations forces,

including how such forces will be integrated with each other

and with general purpose forces.

(3) An articulation of the required capabilities of the special

operations forces.

Deadline.

18 USC 1381

prec.

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135 STAT. 1906 PUBLIC LAW 117–81—DEC. 27, 2021

(4) An explanation of the manner in which the joint oper-

ating concept relates to and fits within the joint warfighting

concept produced by the Joint Chiefs of Staff.

(5) An explanation of the manner in which the joint oper-

ating concept relates to and integrates into the operating con-

cepts of the Armed Forces.

(6) Any other matter the Assistant Secretary and the Com-

mander consider relevant.

SEC. 1048. LIMITATION ON AVAILABILITY OF CERTAIN FUNDING FOR

OPERATION AND MAINTENANCE.

Of the amounts authorized to be appropriated by this Act

for fiscal year 2022 for operation and maintenance, Defense-wide,

and available for the Office of the Secretary of Defense, not more

than 75 percent may be obligated or expended until the date that

is 15 days after the date on which the Secretary submits to the

congressional defense committees the following:

(1) The first quarterly report identifying and summarizing

all execute orders approved by the Secretary of Defense or

the commander of a combatant command in effect for the

Department of Defense as required by section 1744(c) of the

National Defense Authorization Act for Fiscal Year 2020 (Public

Law 116–92; 10 U.S.C. 113 note).

(2) The report on the policy of the Department of Defense

relating to civilian casualties resulting from United States mili-

tary operations required by section 936(d) of the John S. McCain

National Defense Authorization Act for Fiscal Year 2019 (Public

Law 115–232; 10 U.S.C. 134 note).

SEC. 1049. LIMITATION ON USE OF CERTAIN FUNDS PENDING SUBMIS-

SION OF REPORT, STRATEGY, AND POSTURE REVIEW

RELATING TO INFORMATION ENVIRONMENT.

Of the amounts authorized to be appropriated for fiscal year

2022 by section 301 for operation and maintenance and available

for the Office of the Secretary of Defense for the travel of persons

as specified in the table in section 4301, not more than 75 percent

shall be available until the date on which all of the following

are submitted to the Committee on Armed Services of the Senate

and the Committee on Armed Services House of Representatives:

(1) The report required by subsection (h)(1) of section 1631

of the National Defense Authorization Act for Fiscal Year 2020

(Public Law 116–92).

(2) The strategy and posture review required by subsection

(g) of such section.

SEC. 1050. BRIEFING BY COMPTROLLER GENERAL AND LIMITATION

ON USE OF FUNDS PENDING COMPLIANCE WITH

REQUIREMENT FOR INDEPENDENT STUDIES REGARDING

POTENTIAL COST SAVINGS.

(a) B

RIEFING

EQUIREMENT

.—Not later than March 31, 2022,

the Comptroller General of the United States shall provide to the

congressional defense committees a briefing on the status of the

ongoing efforts of the Comptroller General with respect to the

effectiveness of each of the following:

(1) Department of Defense programming and planning for

the nuclear enterprise.

(2) Department of Defense processes for identifying the

relevance of legacy military systems.

Deadline.

Time period.

Reports.

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135 STAT. 1907 PUBLIC LAW 117–81—DEC. 27, 2021

(3) Defense weapon system acquisition and contracting.

(b) L

IMITATION ON

VAILABILITY OF

UNDS

.—Of the funds

authorized to be appropriated by this Act or otherwise made avail-

able for fiscal year 2022 for the Office of the Secretary of Defense

for travel expenses, not more than 90 percent may be obligated

or expended before the date on which the Secretary of Defense

has entered into agreements for the conduct of the independent

reviews required under section 1753 of the National Defense

Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133

Stat. 1852).

SEC. 1051. SURVEY ON RELATIONS BETWEEN MEMBERS OF THE ARMED

FORCES AND MILITARY COMMUNITIES.

(a) S

URVEY

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense, acting

through the Under Secretary of Defense for Personnel and

Readiness, shall conduct a survey of covered individuals

regarding relations between covered individuals and covered

communities.

(2) C

ONTENTS OF SURVEY

.—The survey shall be designed

to solicit information from covered individuals regarding each

of the following:

(A) The rank, age, racial, ethnic, and gender demo-

graphics of the covered individuals.

(B) Relationships between covered individuals and the

covered community, including support services and accept-

ance of the military community.

health services, and education for covered individuals,

employment opportunities for military spouses, and other

relevant issues.

(D) Initiatives of local government and community

organizations with respect to covered individuals and cov-

ered communities.

(E) The physical safety of covered individuals while

in a covered community but outside the military installa-

tion located in such covered community.

(F) Any other matters designated by the Secretary

of Defense.

(3) L

OCATIONS

.—For purposes of conducting the survey

under this subsection, the Secretary of Defense shall select

ten geographically diverse military installations where the

survey will be conducted.

(b) A

DDITIONAL

CTIVITIES

.—In the course of conducting sur-

veys under this section, the Secretary may carry out any of the

following activities with respect to covered individuals and covered

communities:

(1) Facilitating local listening sessions and information

exchanges.

(2) Developing educational campaigns.

(3) Supplementing existing local and national defense

community programs.

(4) Sharing best practices and activities.

OORDINATION

.—To support activities under this section,

the Secretary of Defense may coordinate with local governments

and not-for-profit organizations that represent covered individuals.

Deadline.

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135 STAT. 1908 PUBLIC LAW 117–81—DEC. 27, 2021

(d) B

RIEFING

.—Not later than September 30, 2023, the Sec-

retary of Defense shall provide to the Committees on Armed Serv-

ices of the Senate and the House of Representatives a briefing

on the survey conducted under subsection (a). Such briefing shall

include—

(1) with respect to each covered community—

(A) the results of the survey; and

(B) the activities conducted to address racial inequity

in the community;

(2) the aggregate results of the survey; and

(3) best practices for creating positive relationships between

covered individuals and covered communities.

(e) D

EFINITIONS

.—In this section:

(1) The term ‘‘covered community’’ means a military

installation and any geographic area within 10 miles of such

military installation.

(2) The term ‘‘covered individual’’ means any of the fol-

lowing individuals who live in a covered community or work

on a military installation in a covered community:

(A) A member of the Armed Forces.

(B) A family member of an individual described in

subparagraph (A).

(3) The term ‘‘military installation’’ has the meaning given

such term in section 2801 of title 10, United States Code.

SEC. 1052. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH

CERTAIN STATUTORY REPORTING REQUIREMENTS.

(a) L

IMITATION

.—Of the funds authorized to be appropriated

or otherwise made available for fiscal year 2022 for the Office

of the Secretary of Defense for travel expenses, not more than

90 percent may be obligated or expended before the date on which

all of the following reports are submitted to Congress and the

unclassified portions thereof made publicly available:

(1) The report required under section 589F(c) of the William

M. (Mac) Thornberry National Defense Authorization Act for

Fiscal Year 2021 (Public Law 116–283).

(2) The reports required under section 1299H(d) of the

William M. (Mac) Thornberry National Defense Authorization

Act for Fiscal Year 2021 (Public Law 116–283).

(3) The report required under section 888(b) of the National

Defense Authorization Act for Fiscal Year 2020 (Public Law

116–92).

(4) The report required under section 1752(b) of the

National Defense Authorization Act for Fiscal Year 2020 (Public

Law 116–92).

(b) B

RIEFING

EQUIREMENT

.—Not later than 30 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

House of Representatives a briefing on obstacles to compliance

with congressional mandated reporting requirements.

SEC. 1053. NAVY COORDINATION WITH COAST GUARD AND SPACE

FORCE ON AIRCRAFT, WEAPONS, TACTICS, TECHNIQUE,

ORGANIZATION, AND EQUIPMENT OF JOINT CONCERN.

Section 8062(d) of title 10, United States Code, is amended

by inserting ‘‘the Coast Guard, the Space Force,’’ after ‘‘the Air

Force,’’.

Deadline.

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135 STAT. 1909 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle F—Studies and Reports

SEC. 1061. INCLUSION OF SUPPORT SERVICES FOR GOLD STAR FAMI-

LIES IN QUADRENNIAL QUALITY OF LIFE REVIEW.

(a) T

ECHNICAL

MENDMENT

.—

(1) I

N GENERAL

.—The second section 118a of title 10, United

States Code (relating to the quadrennial quality of life review)

is redesignated as section 118b.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 2 of such title is amended by striking

the item relating to the second section 118a and inserting

the following new item:

‘‘118b. Quadrennial quality of life review.’’.

(b) I

NCLUSION IN

EVIEW

.—Subsection (c) of section 118b of

title 10, United States Code, as redesignated under subsection

(a), is amended by adding at the end the following new paragraph:

‘‘(15) Support services for Gold Star families.’’.

SEC. 1062. PUBLIC AVAILABILITY OF SEMI-ANNUAL SUMMARIES OF

REPORTS.

(a) I

ENERAL

.—Section 122a of title 10, United States Code,

is amended by adding at the end the following new subsection:

‘‘(c) S

EMI

ANNUAL

UMMARIES

.—Not later than January 1 and

July 1 of each year, the Secretary of Defense shall make publicly

available on an appropriate internet website a summary of all

reports submitted to Congress by the Department of Defense for

the preceding six-month period that are required to be submitted

by statute. Each such summary shall include, for each report cov-

ered by the summary, the title of report, the date of delivery,

and the section of law under which such report is required.’’.

(b) A

PPLICABILITY

.—Subsection (c) of section 122a of title 10,

United States Code, as added by subsection (a), shall apply begin-

ning on the date that is one year after the date of the enactment

of this Act.

SEC. 1063. EXTENSION OF REPORTING REQUIREMENT REGARDING

ENHANCEMENT OF INFORMATION SHARING AND

COORDINATION OF MILITARY TRAINING BETWEEN

DEPARTMENT OF HOMELAND SECURITY AND DEPART-

MENT OF DEFENSE.

Section 1014(d)(3) of the National Defense Authorization Act

for Fiscal Year 2017 (Public Law 114–328) is amended by striking

‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.

SEC. 1064. CONTINUATION OF CERTAIN DEPARTMENT OF DEFENSE

REPORTING REQUIREMENTS.

Section 1061 of the National Defense Authorization Act for

Fiscal Year 2017 (10 U.S.C. 111 note) is amended—

(1) in subsection (b)(2), by adding at the end the following

new subparagraphs:

‘‘(E) The submission of the report required under sec-

tion 14 of the Strategic and Critical Materials Stock Piling

Act (50 U.S.C. 98h–5).

‘‘(F) The submission of the report required under sec-

tion 2504 of title 10, United States Code.’’;

(2) in subsection (c), by striking paragraph (47); and

10 USC 122a

note.

Web posting.

10 USC 111 prec.

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135 STAT. 1910 PUBLIC LAW 117–81—DEC. 27, 2021

(3) in subsection (i), by striking paragraph (30).

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.

Section 1058 of the National Defense Authorization Act for

Fiscal Year 2004 (Public Law 108–136; 31 U.S.C. 1535 note) is

amended by adding at the end the following new subsection:

‘‘(g) U

PDATED

EVIEW AND

NHANCEMENT OF

UTHORITIES

.—

(1) Not later than 120 days after the date of the enactment of

the National Defense Authorization Act for Fiscal Year 2022, the

Director shall—

‘‘(A) conduct a second review under subsection (a) and

make a second determination under subsection (b); and

‘‘(B) submit to Congress a report that includes—

‘‘(i) the results of the second review and second deter-

mination required by subparagraph (A); and

‘‘(ii) a description, based on such second determination,

of any new modifications proposed to be made to existing

authorities under subsection (c) or (d), including whether

there is a need for legislative changes to further improve

the procedures for using Department of Defense assets

to fight wildfires.

‘‘(2) Pursuant to the second determination under subsection

(b) required by paragraph (1)(A), the Director shall develop and

implement such modifications, regulations, policies, and interagency

procedures as the Director determines appropriate pursuant to sub-

sections (c) and (d). Any such modification, regulation, policy, or

interagency procedure shall not take effect until the end of the

30-day period beginning on the date on which the report is sub-

mitted to Congress under paragraph (1)(B).’’.

SEC. 1066. GEOGRAPHIC COMBATANT COMMAND RISK ASSESSMENT

OF AIR FORCE AIRBORNE INTELLIGENCE, SURVEIL-

LANCE, AND RECONNAISSANCE MODERNIZATION PLAN.

(a) I

ENERAL

.—Not later than March 31, 2022, each com-

mander of a geographic combatant command shall submit to the

congressional defense committees a report containing an assessment

of the level of operational risk to that command posed by the

plan of the Air Force to modernize and restructure airborne intel-

ligence, surveillance, and reconnaissance capabilities to meet near-

, mid-, and far-term contingency and steady-state operational

requirements against adversaries in support of the objectives of

the current national defense strategy.

(b) P

LAN

SSESSED

.—The plan of the Air Force referred to

in subsection (a) is the plan required under section 142 of the

William M. (Mac) Thornberry National Defense Authorization Act

for Fiscal Year 2021 (Public Law 116–283).

SSESSMENT OF

ISK

.—In assessing levels of operational

risk for purposes of subsection (a), a commander shall use the

military risk matrix of the Chairman of the Joint Chiefs of Staff,

as described in CJCS Instruction 3401.01E.

(d) G

EOGRAPHIC

OMBATANT

OMMAND

.—In this section, the

term ‘‘geographic combatant command’’ means each of the following:

(1) United States European Command.

(2) United States Indo-Pacific Command.

Reports.

Effective date.

Time period.

Procedures.

Determination.

Reports.

Determination.

Deadline.

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135 STAT. 1911 PUBLIC LAW 117–81—DEC. 27, 2021

(3) United States Africa Command.

(4) United States Southern Command.

(5) United States Northern Command.

(6) United States Central Command.

SEC. 1067. BIENNIAL ASSESSMENTS OF AIR FORCE TEST CENTER.

Not later than December 1 of each of 2022, 2024, and 2026,

the Secretary of the Air Force shall submit to the congressional

defense committees an assessment of the Air Force Test Center.

Each such assessment shall include, for the period covered by

the assessment, a description of—

(1) any challenges of the Air Force Test Center with respect

to completing its mission; and

(2) the plan of the Secretary to address such challenges.

SEC. 1068. REPORT ON 2019 WORLD MILITARY GAMES.

(a) I

ENERAL

.—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 participation of the United States

in the 2019 World Military Games. Such report shall include a

detailed description of each of the following:

(1) The number of United States athletes and staff who

attended the 2019 World Military Games and became ill with

COVID–19-like symptoms during or shortly after their return

to the United States.

(2) The results of any blood testing conducted on athletes

and staff returning from the 2019 World Military Games,

including whether those blood samples were subsequently

tested for COVID–19.

(3) The number of home station Department of Defense

facilities of the athletes and staff who participated in the 2019

World Military Games that experienced outbreaks of illnesses

consistent with COVID–19 symptoms upon the return of mem-

bers of the Armed Forces from Wuhan, China.

(4) The number of Department of Defense facilities visited

by team members after returning from Wuhan, China, that

experienced COVID–19 outbreaks during the first quarter of

2020, including in relation to the share of other Department

of Defense facilities that experienced COVID–19 outbreaks

through March 31, 2020.

(5) Whether the Department tested members of the Armed

Forces who traveled to Wuhan, China, for the World Military

Games for COVID–19 antibodies, and if so, what portion, if

any, of those results were positive, and when such testing

was conducted.

(6) Whether there are, or have been, any investigations,

including under the auspices of an Inspector General, across

the Department of Defense or the military departments into

possible connections between United States athletes who trav-

eled to Wuhan, China, and the outbreak of COVID–19.

(7) Whether the Department has engaged with the mili-

taries of allied or partner countries about illnesses surrounding

the 2019 World Military Games, and if so, how many partici-

pating militaries have indicated to the Department that their

athletes or staff may have contracted COVID–19-like symptoms

during or immediately after the Games.

Time period.

Deadlines.

Time periods.

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135 STAT. 1912 PUBLIC LAW 117–81—DEC. 27, 2021

(b) F

ORM OF

EPORT

.—Except to the extent prohibited by law,

the report required under this section shall be submitted in

unclassified form and made publicly available on an internet website

in a searchable format, but may contain a classified annex.

SEC. 1069. REPORTS ON OVERSIGHT OF AFGHANISTAN.

(a) R

EPORTS

.—Not later than 60 days after the date of the

enactment of this Act, and annually thereafter until December

31, 2026, the Secretary of Defense, in coordination with the Director

of National Intelligence and consistent with the protection of intel-

ligence sources and methods, shall submit to the appropriate

congressional committees a report on Afghanistan. Each such report

shall address, with respect to Afghanistan, the following matters:

(1) An up-to-date assessment of the over-the-horizon

capabilities of the United States.

(2) A description of the concept of force with respect to

the over-the-horizon force of the United States.

(3) The size of such over-the-horizon force.

(4) The location of such over-the-horizon force, including

the locations of the forces as of the date of the submission

of the report and any plans to adjust such locations.

(5) The chain of command for such over-the-horizon force.

(6) The launch criteria for such over-the-horizon force.

(7) Any plans to expand or adjust such over-the-horizon

force capabilities in the future, to account for evolving terrorist

threats in Afghanistan.

(8) An assessment of the terrorist threat in Afghanistan.

(9) An assessment of the quantity and types of United

States military equipment remaining in Afghanistan, including

an indication of whether the Secretary plans to leave, recover,

or destroy such equipment.

(10) Contingency plans for the retrieval or hostage rescue

of United States citizens located in Afghanistan.

(11) Contingency plans related to the continued evacuation

of Afghans who hold special immigrant visa status under sec-

tion 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C.

1101 note) or who have filed a petition for such status, following

the withdrawal of the United States Armed Forces from

Afghanistan.

(12) A concept of logistics support to support the over-

the-horizon force of the United States, including all basing

and transportation plans.

(13) An assessment of changes in the ability of al-Qaeda

and ISIS-K to conduct operations within Taliban-held

Afganistan or outside of Afghanistan against the United States

and allies of the United States.

(14) An assessment of the threat posed by prisoners

released by the Taliban from the Pul-e-Charkhi prison and

Parwan detention facility, Afghanistan, in August 2021,

including, for each such prisoner—

(A) the country of origin of the prisoner;

(B) any affiliation of the prisoner with a foreign ter-

rorist organization; and

pose a risk for external operations outside of Afghanistan,

the assessed location of the prisoner.

Assessment.

Plans.

Assessment.

Plans.

Criteria.

Assessment.

Coordination.

Termination

date.

Public

information.

Web posting.

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135 STAT. 1913 PUBLIC LAW 117–81—DEC. 27, 2021

(15) The status of any military cooperation between the

Taliban and China, Russia, or Iran.

(16) Any other matters the Secretary determines appro-

priate.

(b) F

ORM

.—Each report required under this section may be

submitted in either unclassified or classified form, as determined

appropriate by the Secretary.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Permanent

Select Committee on Intelligence of the House of Representa-

tives; and

(2) the Committee on Armed Services and the Select Com-

mittee on Intelligence of the Senate.

SEC. 1070. STUDY AND REPORT ON DEPARTMENT OF DEFENSE EXCESS

PERSONAL PROPERTY PROGRAM.

(a) S

TUDY

.—The Director of the Defense Logistics Agency shall

conduct a study on the excess personal property program of the

Department of Defense under section 2576a of title 10, United

States Code, and the administration of such program by the Law

Enforcement Support Office. Such study shall include—

(1) an analysis of the degree to which personal property

transferred under such program has been distributed equitably

between larger, well-resourced municipalities and units of

government and smaller, less well-resourced municipalities and

units of government; and

(2) an identification of potential reforms to such program

to ensure that such property is transferred in a manner that

provides adequate opportunity for participation by smaller, less

well-resourced municipalities and units of government.

(b) R

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Director shall submit to the congressional

defense committees a report on the results of a study required

under subsection (a).

SEC. 1071. OPTIMIZATION OF IRREGULAR WARFARE TECHNICAL SUP-

PORT DIRECTORATE.

(a) P

LAN

EQUIRED

.—Not later than 90 days after the date

of the enactment of this Act, the Assistant Secretary of Defense

for Special Operations and Low Intensity Conflict shall submit

to the congressional defense committees a plan for improving the

support provided by the Irregular Warfare Technical Support Direc-

torate to meet military requirements. Such plan shall include the

following:

(1) Specific actions to—

(A) ensure adequate focus on rapid fielding of required

capabilities;

(B) improve metrics and methods for tracking projects

that have transitioned into programs of record; and

and acquisition efforts.

(2) Such other matters as the Assistant Secretary of

Defense for Special Operations and Low Intensity Conflict con-

siders relevant.

(b) D

EPARTMENT OF

EFENSE

NSTRUCTION

EQUIRED

.—Not

later than 270 days after the date of the enactment of this Act,

Deadline.

Publication.

Deadline.

10 USC 139b

note.

Analysis.

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135 STAT. 1914 PUBLIC LAW 117–81—DEC. 27, 2021

the Assistant Secretary of Defense for Special Operations and Low

Intensity Conflict, in coordination with the Under Secretary of

Defense for Research and Engineering, the Under Secretary of

Defense for Acquisition and Sustainment, and the Secretaries of

the military departments, shall publish an updated Department

of Defense Instruction in order to—

(1) define the objectives, organization, mission, customer

base, and role of the Irregular Warfare Technical Support Direc-

torate;

(2) ensure coordination with external program managers

assigned to the military departments and the United States

Special Operations Command;

(3) facilitate adequate oversight by the Assistant Secretary

of Defense for Special Operations and Low Intensity Conflict,

the Under Secretary of Defense for Research and Engineering,

and the Under Secretary of Defense for Acquisition and

Sustainment; and

(4) address such other matters as the Assistant Secretary

of Defense for Special Operations and Low Intensity Conflict

considers relevant.

SEC. 1072. ASSESSMENT OF REQUIREMENTS FOR AND MANAGEMENT

OF ARMY THREE-DIMENSIONAL GEOSPATIAL DATA.

(a) J

OINT

SSESSMENTS AND

ETERMINATIONS

.—The Vice Chair-

man of the Joint Chiefs of Staff, the Under Secretary of Defense

for Intelligence and Security, and the Secretary of the Army, in

consultation with other appropriate officials of the Department

of Defense, shall jointly carry out each of the following:

(1) An assessment of the requirements of the joint force

with respect to three-dimensional geospatial data in order to

achieve Combined Joint All-Domain Command and Control,

including the use of such data for each of the following:

(A) Training.

(B) Planning.

(D) Mission rehearsal.

(E) Operations.

(F) Intelligence, including geolocation support to intel-

ligence collection systems.

(G) Dynamic and precision targeting.

(H) After action reviews.

(2) A determination of whether three-dimensional

geospatial data derived from Government sources, commercial

sources, or both (referred to as ‘‘derivative three-dimensional

geospatial data’’) meets the accuracy, resolution, community

sensor model compliance, and currency required for precision

targeting.

(3) A determination of the optimum management, joint

funding structure, and resources required for the collection,

tasking, acquisition, production, storage, and consumption of

three-dimensional geospatial data, including a consideration

of—

(A) designating the Army as the Executive Agent for

warfighter collection, production, and consumption of three-

dimensional geospatial content at the point-of-need;

(B) designating the National Geospatial Intelligence

Agency, in its role as the Geospatial Intelligence Functional

Determination.

Consultation.

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135 STAT. 1915 PUBLIC LAW 117–81—DEC. 27, 2021

Manager, as the Executive Agent for quality assessment,

testing, evaluation, validation, and enterprise storage and

retrieval of derivative three-dimensional geospatial data;

ment of Defense and the National Geospatial Intelligence

Agency for the procurement and production of three-dimen-

sional geospatial data and the development of tools and

plans, from either commercial or Government sources; and

(D) identifying potential commercial and Government

capabilities that could be established as a three-dimen-

sional geospatial intelligence program of record.

(b) A

RMY

ANAGEMENT

ONSIDERATIONS

.—If the Vice Chair-

man, the Under Secretary, and the Secretary of the Army determine

that the Army should serve as the Executive Agent for Department

of Defense three-dimensional geospatial data, the Secretary shall

determine the respective roles within the Army.

DDITIONAL

RMY

ETERMINATIONS

.—The Secretary of the

Army shall determine whether operational use of the Integrated

Visual Augmentation System and Army intelligence and mission

command systems require three-dimensional geospatial data for

assigned operational missions, including targeting.

(d) B

RIEFING

EQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Vice Chairman, the Under

Secretary, and the Secretary of the Army shall complete the assess-

ments and determinations required by this section and provide

to the congressional defense committees a briefing on such assess-

ments and determinations.

SEC. 1073. REQUIRED REVIEW OF DEPARTMENT OF DEFENSE

UNMANNED AIRCRAFT SYSTEMS CATEGORIZATION.

(a) I

ENERAL

.—The Under Secretary of Defense for Acquisi-

tion and Sustainment shall initiate a process—

(1) to review the system used by the Department of Defense

for categorizing unmanned aircraft systems, as described in

Joint Publication 3–30 titled ‘‘Joint Air Operations’’; and

(2) to determine whether modifications should be made

in the Department of Defense grouping of unmanned aerial

systems into five broad categories, as in effect on the date

of the enactment of this Act.

(b) R

EQUIRED

LEMENTS FOR

EVISION

.—If the Under Secretary

determines under subsection (a) that the characteristics associated

with any of the five categories of unmanned aircraft systems should

be revised, the Under Secretary shall consider the effect a revision

would have on—

(1) the future capability and employment needs to support

current and emerging warfighting concepts;

(2) advanced systems and technologies available in the

current commercial marketplace;

(3) the rapid fielding of unmanned aircraft systems tech-

nology; and

(4) the integration of unmanned aircraft systems into the

National Airspace System.

ONSULTATION

EQUIREMENTS

.—In carrying out the review

required under subsection (a), the Under Secretary shall consult

with—

(1) the Secretary of each of the military departments;

(2) the Chairman of the Joint Chiefs of Staff;

Determination.

Deadline.

Determination.

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135 STAT. 1916 PUBLIC LAW 117–81—DEC. 27, 2021

(3) the Secretary of State; and

(4) the Administrator of the Federal Aviation Administra-

tion.

(d) R

EPORT

EQUIRED

.—Not later than October 1, 2022, the

Under Secretary shall submit to the congressional defense commit-

tees, the Committee on Transportation and Infrastructure and the

Committee on Foreign Affairs of the House of Representatives,

and the Committee on Commerce, Science, and Transportation and

the Committee on Foreign Relations of the Senate a report that

includes a description of—

(1) the results of the review initiated under subsection

(a);

(2) any revisions planned to the system used by the Depart-

ment of Defense for categorizing unmanned aircraft systems

as a result of such review;

(3) the costs and benefits of any planned revisions; and

(4) a proposed implementation plan and timelines for such

revisions.

SEC. 1074. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE

MANAGEMENT ALLOCATION PLAN.

(a) I

ENERAL

.—Not later than October 31, 2022, and annually

thereafter through 2024, the Secretary of Defense shall provide

to the Committees on Armed Services of the Senate and House

of Representatives a classified report and a classified briefing on

the Global Force Management Allocation Plan and its implementa-

tion.

(b) R

EPORT

.—Each report required by subsection (a) shall

include a summary describing the Global Force Management Alloca-

tion Plan being implemented as of October 1 of the year in which

the report is provided.

RIEFING

.—Each briefing required by subsection (a) shall

include the following:

(1) A summary of the major modifications to global force

allocation made during the preceding fiscal year that deviated

from the Global Force Management Allocation Plan for that

fiscal year as a result of a shift in strategic priorities, requests

for forces, or other contingencies, and an explanation for such

modifications.

(2) A description of the major differences between the

Global Force Management Allocation Plan for the current fiscal

year and the Global Force Management Allocation Plan for

the preceding fiscal year.

(3) A description of any difference between the actual global

allocation of forces, as of October 1 of the year in which the

briefing is provided, and the forces stipulated in the Global

Force Management Allocation Plan being implemented on that

date.

SEC. 1075. REPORT ON WORLD WAR I AND KOREAN WAR ERA SUPER-

FUND FACILITIES.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall submit

to Congress a report on active Superfund facilities where a haz-

ardous substance originated from Department of Defense activities

occurring between the beginning of World War I and the end

of the Korean War. Such report shall include a description of

such Superfund facilities as well as any actions, planned actions,

Summary.

Time period.

Classified

information.

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135 STAT. 1917 PUBLIC LAW 117–81—DEC. 27, 2021

communication with communities, and cooperation with relevant

agencies, including the Environmental Protection Agency, carried

out or planned to be carried out by the Department of Defense.

(b) S

UPERFUND

ACILITY

.—In this section, the term ‘‘Superfund

facility’’ means a facility included on the National Priorities List

pursuant to section 105 of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605).

SEC. 1076. REPORT ON IMPLEMENTATION OF IRREGULAR WARFARE

STRATEGY.

(a) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, and annually thereafter through fiscal year

2027, the Secretary of Defense shall submit to the congressional

defense committees a report on the activities and programs of

the Department of Defense to implement the irregular warfare

strategy consistent with the 2019 Irregular Warfare Annex to the

National Defense Strategy, as amended by any subsequent national

defense strategy.

(b) E

LEMENTS OF

EPORT

.—Each report required by subsection

(a) shall include the following elements for the year covered by

the report:

(1) A description and assessment of efforts to institu-

tionalize the approach of the Department of Defense to irregular

warfare and maintain a baseline of capabilities and expertise

in irregular warfare in both conventional and special operations

forces, including efforts to—

(A) institutionalize irregular warfare in force develop-

ment and design;

(B) transform the approach of the Department of

Defense to prioritize investments in, and development of,

human capital for irregular warfare;

agile, efficient, and effective by investing and developing

capabilities in a cost-informed and resource-sustainable

manner; and

(D) integrate irregular warfare approaches into oper-

ational plans and warfighting concepts for competition,

crisis, and conflict.

(2) A description and assessment of efforts to operationalize

the approach of the Department of Defense to irregular warfare

to meet the full range of challenges posed by adversaries and

competitors, including efforts to—

(A) execute proactive, enduring campaigns using irreg-

ular warfare capabilities to control the tempo of competi-

tion, shape the environment, and increase the cost of hos-

tilities against the United States and its allies;

(B) adopt a resource-sustainable approach to coun-

tering violent extremist organizations and consolidating

gains against the enduring threat from these organizations;

to understand and operate within the networked, contested,

and multi-domain environment in which adversaries and

competitors operate;

(D) foster and sustain unified action in irregular war-

fare including through collaboration and support of inter-

agency partners in the formulation of assessments, plans,

and the conduct of operations; and

Assessment.

Time period.

Definition.

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135 STAT. 1918 PUBLIC LAW 117–81—DEC. 27, 2021

(E) expand networks of allies and partners, including

for the purpose of increasing the ability and willingness

of allies and partners to defend their sovereignty, con-

tribute to coalition operations, and advance common secu-

rity initiatives.

(3) A description of—

(A) the status of the plan required to be produced

by the Assistant Secretary of Defense for Special Oper-

ations and Low Intensity Conflict and the Chairman of

the Joint Chiefs of Staff, in coordination with the combatant

commands and the Secretaries of the military departments,

to implement the objectives described in the 2019 Irregular

Warfare Annex to the National Defense Strategy; and

(B) the efforts by the relevant components of the

Department of Defense to expeditiously implement such

plan, including the allocation of resources to implement

the plan.

(4) An assessment by the Secretary of Defense of the

resources, plans, and authorities required to establish and sus-

tain irregular warfare as a fully-integrated core competency

for the Joint Forces.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may include a classified annex.

SEC. 1077. STUDY ON PROVIDING END-TO-END ELECTRONIC VOTING

SERVICES FOR ABSENT UNIFORMED SERVICES VOTERS

IN LOCATIONS WITH LIMITED OR IMMATURE POSTAL

SERVICE.

(a) S

TUDY

.—In consultation with the Chief Information Officer

of the Department of Defense, the Presidential designee under

the Uniformed and Overseas Citizens Absentee Voting Act (52

U.S.C. 20301 et seq.) shall conduct a study on providing end-

to-end electronic voting services (including services for registering

to vote, requesting an electronic ballot, completing the ballot, and

returning the ballot) in participating States for absent uniformed

services voters under such Act who are deployed or mobilized to

locations with limited or immature postal service (as determined

by the Presidential designee).

(b) S

PECIFICATIONS

.—In conducting the study under subsection

(a), the Presidential designee shall include—

(1) methods that would ensure voters have the opportunity

to verify that their ballots are received and tabulated correctly

by the appropriate State and local election officials;

(2) methods that would generate a verifiable and auditable

vote trail for the purposes of any recount or audit conducted

with respect to an election;

(3) a plan of action and milestones on steps that would

need to be achieved prior to implementing end-to-end electronic

voting services for absentee uniformed services voters;

(4) an assessment of whether commercially available tech-

nologies may be used to carry out any of the elements of

the plan; and

(5) an assessment of the resources needed to implement

the plan of action and milestones referred to in paragraph

(3).

ONSULTATION

ITH

TATE AND

OCAL

LECTION

FFI

CIALS

.—The Presidential designee shall conduct the study under

Assessment.

Plan.

Consultation.

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135 STAT. 1919 PUBLIC LAW 117–81—DEC. 27, 2021

subsection (a) in consultation with appropriate State and local

election officials.

(d) U

SE OF

ONTRACTORS

.—To the extent the Presidential des-

ignee determines to be appropriate, the Presidential designee may

include in the study conducted under subsection (a) an analysis

of the potential use of contractors to provide voting services and

how such contractors could be used to carry out the elements

of the plan referred to in subsection (b)(3).

(e) B

RIEFING

; R

EPORT

.—

(1) B

RIEFING

.—Not later than 180 days after the date of

the enactment of this Act, the Presidential designee shall pro-

vide to the Committees on Armed Services of the Senate and

House of Representatives a briefing on the interim results

of the study conducted under subsection (a).

(2) R

EPORT

.—Not later than one year after the date of

the enactment of this Act, the Presidential designee shall

submit to the Committees on Armed Services of the Senate

and House of Representatives a report on the results of the

study conducted under subsection (a).

SEC. 1078. REPORT ON AIR FORCE STRATEGY FOR ACQUISITION OF

COMBAT RESCUE AIRCRAFT AND EQUIPMENT.

Not later than June 1, 2022, the Secretary of the Air Force

shall submit to the congressional defense committees a report con-

taining—

(1) a strategy for the acquisition of combat rescue aircraft

and equipment that aligns with the stated capability and

capacity requirements of the Air Force; and

(2) an analysis of how such strategy meets the requirements

of the national defense strategy required under section 113(g)

of title 10, United States Code.

Subtitle G—Other Matters

SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.

(a) T

ITLE

10, U

NITED

TATES

ODE

.—Title 10, United States

Code, is amended as follows:

(1) The table of chapters at the beginning of part I of

subtitle A is amended by striking the item relating to the

second chapter 19 (relating to cyber matters).

(2) The table of sections at the beginning of chapter 2

is amended by striking the item relating to section 118 and

inserting the following new item:

‘‘118. Materiel readiness metrics and objectives for major weapon systems.’’.

(3) The second section 118a, as added by section 341 of

the William M. (Mac) Thornberry National Defense Authoriza-

tion Act for Fiscal Year 2021 (Public Law 116–283), is redesig-

nated as section 118b, and the table of sections at the beginning

of chapter 2 of such title is conformed accordingly.

(4) Section 138(b)(2)(A)(i) is amended by striking the semi-

colon.

(5) Section 196(d) is amended by striking ‘‘,,’’ and inserting

‘‘,’’.

(6) Section 231a(e)(2) is amended by striking ‘‘include the

following,’’ and inserting ‘‘include’’.

10 USC 111 prec.

10 USC 101 prec.

Analysis.

Deadline.

Determination.

Analysis.

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135 STAT. 1920 PUBLIC LAW 117–81—DEC. 27, 2021

(7) Section 240b(b)(1)(B)(xiii) is amended by striking ‘‘An’’

and inserting ‘‘A’’.

(8) Section 240g(a)(3) is amended by striking ‘‘; and’’ and

inserting ‘‘;’’.

(9) Section 393(b)(2)(D) is amended by inserting a period

at the end.

(10) Section 483(f)(3) is amended by inserting ‘‘this’’ before

‘‘title’’.

(11) Section 651(a) is amended by inserting a comma after

‘‘3806(d)(1))’’.

(12) The table of sections at the beginning of chapter 39

is amended by adding a period at the end of the item relating

to section 691.

(13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code

of Military Justice) is amended by inserting a comma after

‘‘Army’’.

(14) Section 856(b) (article 56(b) of the Uniform Code of

Military Justice) is amended by striking ‘‘subsection (d) of sec-

tion 853a’’ and inserting ‘‘subsection (c) of section 853a’’.

(15) Section 1044e(g) is amended by striking ‘‘number of

Special Victims’ Counsel’’ and inserting ‘‘number of Special

Victims’ Counsels’’.

(16) The table of sections at the beginning of chapter 54

is amended by striking the item relating to section 1065 and

inserting the following new item:

‘‘1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for

veterans, and Foreign Service officers.’’.

(17) Section 1463(a)(4) is amended by striking ‘‘that that’’

and inserting ‘‘that’’.

(18) Section 1465(b)(2) is amended by striking ‘‘the the’’

and inserting ‘‘the’’.

(19) Section 1466(a) is amended, in the matter preceding

paragraph (1), by striking ‘‘Coast guard’’ and inserting ‘‘Coast

Guard’’.

(20) Section 1554a(g)(2) is amended by striking ‘‘..’’ and

inserting ‘‘.’’.

(21) Section 1599h is amended—

(A) in subsection (a), by redesignating the second para-

graph (7) and paragraph (8) as paragraphs (8) and (9),

respectively; and

(B) in subsection (b)(1), by redesignating the second

subparagraph (G) and subparagraph (H) as subparagraphs

(H) and (I), respectively.

(22) Section 1705(a) is amended by striking ‘‘a fund’’ and

inserting ‘‘an account’’.

(23) Section 1722a(a) is amended by striking ‘‘,,’’ and

inserting ‘‘,’’.

(24) Section 1788a(e) is amended—

(A) in paragraph (3), by striking ‘‘section 167(i)’’ and

inserting ‘‘section 167(j)’’;

(B) in paragraph (4), by striking ‘‘covered personnel’’

and inserting ‘‘covered individuals’’; and

graph (A), by striking ‘‘ ‘covered personnel’ ’’ and inserting

‘‘ ‘covered individuals’ ’’.

10 USC 1061

prec.

10 USC 671 prec.

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135 STAT. 1921 PUBLIC LAW 117–81—DEC. 27, 2021

(25) The table of chapters at the beginning of part III

of subtitle A is amended, in the item relating to chapter 113,

by striking the period after ‘‘2200g’’.

(26) Section 2107(a) is amended by striking ‘‘or Space

Force’’.

(27) Section 2279b(b) is amended by redesignating the

second paragraph (11) as paragraph (12).

(28) Section 2321(f) is amended by striking ‘‘the item’’

both places it appears and inserting ‘‘the commercial product’’.

(29) The second section 2350m (relating to execution of

projects under the North Atlantic Treaty Organization Security

Investment Program), as added by section 2503 of the William

M. (Mac) Thornberry National Defense Authorization Act for

Fiscal Year 2021 (Public Law 116–283), is redesignated as

section 2350q and the table of sections at the beginning of

subchapter II of chapter 138 is conformed accordingly.

(30) Section 2534(a) is amended—

(A) in paragraph (3), by striking ‘‘subsection (j)’’ and

inserting ‘‘subsection (k)’’; and

(B) in paragraph (5), by striking ‘‘principle’’ and

inserting ‘‘principal’’.

(31) Section 2891a(e)(1) is amended by striking ‘‘the any’’

and inserting ‘‘the’’.

(32) The table of sections at the beginning of chapter 871

is amended—

(A) by striking the item relating to section 8749 and

inserting the following new item:

‘‘8749. Civil service mariners of Military Sealift Command: release of drug and alco-

hol test results to Coast Guard.’’; and

(B) by striking the item relating to section 8749a and

inserting the following new item:

‘‘8749a. Civil service mariners of Military Sealift Command: alcohol testing.’’.

(33) The second section 9084, as added by section 1601

of the William M. (Mac) Thornberry National Defense

Authorization Act for Fiscal Year 2021 (Public Law 116–283),

is transferred to appear after section 9085 and redesignated

as section 9086, and the table of sections at the beginning

of chapter 908 of such title is conformed accordingly.

(34) The second section 9132 (relating to Regular Air Force

and Regular Space Force: reenlistment after service as an

officer) is redesignated as section 9138 (and the table of sections

at the beginning of chapter 913 is conformed accordingly).

(35) The section heading for section 9401 is amended to

read as follows (and the table of sections at the beginning

of chapter 951 is conformed accordingly):

‘‘§ 9401. Members of Air Force and Space Force: detail as

students, observers, and investigators at edu-

cational institutions, industrial plants, and hos-

pitals’’.

(36) The section heading for section 9402 is amended to

read as follows (and the table of sections at the beginning

of chapter 951 is conformed accordingly):

10 USC 9401

prec.

10 USC 8131

prec.

10 USC 9401

prec.

10 USC 9081

prec.

10 USC 8742

prec.

10 USC 2350a

prec.

10 USC 2001

prec.

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135 STAT. 1922 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘§ 9402. Enlisted members of Air Force or Space Force:

schools’’.

(37) Section 9840 is amended in the second sentence by

striking ‘‘He’’ and inserting ‘‘The officer’’.

(b) NDAA

FOR

ISCAL

EAR

2021.—Effective as of January

1, 2021, and as if included therein as enacted, section 1 of the

William M. (Mac) Thornberry National Defense Authorization Act

for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) by inserting ‘‘(a) I

ENERAL

.—’’ before ‘‘This Act’’;

and

(2) by adding at the end the following:

‘‘(b) R

EFERENCES

.—Any reference in this or any other Act to

the ‘National Defense Authorization Act for Fiscal Year 2021’ shall

be deemed to be a reference to the ‘William M. (Mac) Thornberry

National Defense Authorization Act for Fiscal Year 2021’.’’.

FOR

ISCAL

EAR

2020.—Effective as of December

20, 2019, and as if included therein as enacted, section 1739(a)

of the National Defense Authorization Act for Fiscal Year 2020

(Public Law 116–92) is amended by striking ‘‘VI’’ and inserting

‘‘VII’’.

(d) C

OORDINATION

ITH

THER

MENDMENTS

ADE BY

HIS

.—For purposes of applying amendments made by provisions

of this Act other than this section, the amendments made by this

section shall be treated as having been enacted immediately before

any such amendments by other provisions of this Act.

SEC. 1082. MODIFICATION TO REGIONAL CENTERS FOR SECURITY

STUDIES.

(a) I

ENERAL

.—Section 342(b)(2) of title 10, United States

Code, is amended by adding at the end the following new subpara-

graph:

‘‘(F) The Ted Stevens Center for Arctic Security Studies,

established in 2021 and located in Anchorage, Alaska.’’.

(b) A

CCEPTANCE OF

IFTS AND

ONATIONS

.—Section 2611(a)(2)

of title 10, United States Code, is amended by adding at the end

the following new subparagraph:

‘‘(F) The Ted Stevens Center for Arctic Security Studies.’’.

SEC. 1083. IMPROVEMENT OF TRANSPARENCY AND CONGRESSIONAL

OVERSIGHT OF CIVIL RESERVE AIR FLEET.

(a) D

EFINITIONS

.—

(1) S

ECRETARY

.—Paragraph (10) of section 9511 of title

10, United States Code, is amended to read as follows:

‘‘(10) The term ‘Secretary’ means the Secretary of Defense.’’.

(2) C

ONFORMING AMENDMENTS

.—Chapter 961 of title 10,

United States Code, as amended by paragraph (1), is further

amended—

(A) in section 9511a by striking ‘‘Secretary of Defense’’

each place it appears and inserting ‘‘Secretary’’;

(B) in section 9512(e), by striking ‘‘Secretary of

Defense’’ and inserting ‘‘Secretary’’; and

each place it appears and inserting ‘‘Secretary’’.

(b) A

NNUAL

EPORT ON

IVIL

ESERVE

LEET

.—Section

9516 of title 10, United States Code, is amended—

(1) in subsection (d), by striking ‘‘When the Secretary’’

and inserting ‘‘Subject to subsection (e), when the Secretary’’;

10 USC 101 note.

50 USC 4027 and

note.

Effective date.

10 USC 101 note.

134 Stat. 3388.

Effective date.

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135 STAT. 1923 PUBLIC LAW 117–81—DEC. 27, 2021

(2) by redesignating subsection (e) as subsection (f); and

(3) by inserting after subsection (d) the following new sub-

section:

‘‘(e) A

NNUAL

EPORT

.—Not later than 60 days after the end

of each fiscal year, the Secretary shall submit to the Committees

on Armed Services of the Senate and the House of Representatives

a report that—

‘‘(1) identifies each contract for airlift services awarded

in the preceding fiscal year to a provider that does not meet

the requirements set forth in subparagraphs (A) and (B) of

subsection (a)(1); and

‘‘(2) for each such contract—

‘‘(A) specifies the dollar value of the award; and

‘‘(B) provides a detailed explanation of the reasons

for the award.’’.

ECHNICAL

MENDMENTS

.—

(1) I

N GENERAL

.—Chapter 961 of title 10, United States

Code, as amended by subsections (a) and (b), is further

amended—

(A) by redesignating sections 9511a and 9512 as sec-

tions 9512 and 9513, respectively;

(B) in section 9511, by striking ‘‘section 9512’’ each

place it appears and inserting ‘‘section 9513’’; and

as subsection (f).

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by striking the items

relating to sections 9511a and 9512 and inserting the following

new items:

‘‘9512. Civil Reserve Air Fleet contracts: payment rate.

‘‘9513. Contracts for the inclusion or incorporation of defense features.’’.

(d) C

HARTER

RANSPORTATION OF

EMBERS OF THE

RMED

ORCES OR

ARGO

.—

(1) I

N GENERAL

.—Section 2640 of title 10, United States

Code, is amended—

(A) in the section heading, by inserting ‘‘or cargo’’

after ‘‘armed forces’’;

(B) in subsection (a)(1), by inserting ‘‘or cargo’’ after

‘‘members of the armed forces’’;

(D) in subsection (d)(1), by inserting ‘‘or cargo’’ after

‘‘members of the armed forces’’;

(E) in subsection (e)—

(i) by inserting ‘‘or cargo’’ after ‘‘members of the

armed forces’’; and

(ii) by inserting ‘‘or cargo’’ before the period at

the end;

(F) in subsection (f), by inserting ‘‘or cargo’’ after ‘‘mem-

bers of the armed forces’’; and

(G) in subsection (j)(1), by inserting ‘‘ ‘cargo’,’’ after

‘‘ ‘air transportation’,’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 157 of title 10, United States Code, is

amended by striking the item relating to section 2640 and

inserting the following new item:

‘‘2640. Charter air transportation of members of the armed forces or cargo.’’.

10 USC 2631

prec.

10 USC 9511

prec.

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135 STAT. 1924 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1084. OBSERVANCE OF NATIONAL ATOMIC VETERANS DAY.

(a) I

ENERAL

.—Chapter 1 of title 36, United States Code,

is amended by adding at the end the following new section:

‘‘§ 146. National Atomic Veterans Day

‘‘The President shall issue each year a proclamation calling

on the people of the United States to—

‘‘(1) observe Atomic Veterans Day with appropriate cere-

monies and activities; and

‘‘(2) remember and honor the atomic veterans of the United

States whose brave service and sacrifice played an important

role in the defense of the Nation.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by adding at the end the following

new item:

‘‘146. National Atomic Veterans Day.’’.

SEC. 1085. UPDATE OF JOINT PUBLICATION 3-68: NONCOMBATANT

EVACUATION OPERATIONS.

Not later than July 1, 2022, the Chairman of the Joint Chiefs

of Staff shall update Joint Publication 3-68: Noncombatant Evacu-

ation Operations.

SEC. 1086. NATIONAL MUSEUM OF THE SURFACE NAVY.

(a) D

ESIGNATION

.—The Battleship IOWA Museum, located in

Los Angeles, California, and managed by the Pacific Battleship

Center, shall be designated as the ‘‘National Museum of the Surface

Navy’’.

(b) P

URPOSES

.—The purposes of the National Museum of the

Surface Navy shall be to—

(1) provide and support—

(A) a museum dedicated to the United States Surface

Navy community; and

(B) a platform for education, community, and veterans

programs;

(2) preserve, maintain, and interpret artifacts, documents,

images, stories, and history collected by the museum; and

(3) ensure that the people of the United States understand

the importance of the Surface Navy in the continued freedom,

safety, and security of the United States.

SEC. 1087. AUTHORIZATION FOR MEMORIAL FOR MEMBERS OF THE

ARMED FORCES KILLED IN ATTACK ON HAMID KARZAI

INTERNATIONAL AIRPORT.

The Secretary of Defense may establish a commemorative work

on Federal land owned by the Department of Defense in the District

of Columbia and its environs to commemorate the 13 members

of the Armed Forces who died in the bombing attack on Hamid

Karzai International Airport, Kabul, Afghanistan, on August 26,

2021.

SEC. 1088. TREATMENT OF OPERATIONAL DATA FROM AFGHANISTAN.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) an immense amount of operational data and intelligence

has been developed over the past two decades of war in Afghani-

stan; and

(2) this information is valuable and must be appropriately

retained.

10 USC 991 note.

40 USC 8903

note.

California.

Historic

preservation.

Deadline.

36 USC 101 prec.

President.

36 USC 146.

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135 STAT. 1925 PUBLIC LAW 117–81—DEC. 27, 2021

(b) O

PERATIONAL

ATA

.—The Secretary of Defense shall—

(1) archive and standardize operational data from Afghani-

stan across the myriad of defense information systems; and

(2) ensure the Afghanistan operational data is structured,

searchable, and usable across the joint force.

RIEFING

.—Not later than March 4, 2022, the Under Sec-

retary of Defense for Intelligence and Security shall provide to

the Committee on Armed Services of the House of Representatives

a briefing on how the Department of Defense has removed, retained,

and assured long-term access to operational data from Afghanistan

across each military department and command. Such briefing shall

address the manner in which the Department of Defense—

(1) is standardizing and archiving intelligence and oper-

ational data from Afghanistan across the myriad of defense

information systems; and

(2) ensuring access to such data across the joint force.

SEC. 1089. RESPONSIBILITIES FOR NATIONAL MOBILIZATION; PER-

SONNEL REQUIREMENTS.

(a) E

XECUTIVE

GENT FOR

ATIONAL

OBILIZATION

.—The Sec-

retary of Defense shall designate a senior civilian official within

the Office of the Secretary of Defense as the Executive Agent

for National Mobilization. The Executive Agent for National

Mobilization shall be responsible for—

(1) developing, managing, and coordinating policy and plans

that address the full spectrum of military mobilization readi-

ness, including full mobilization of personnel from volunteers

to other persons inducted into the Armed Forces under the

Military Selective Service Act (50 U.S.C. 3801 et seq.);

(2) providing Congress and the Selective Service System

with updated requirements and timelines for obtaining

inductees in the event of a national emergency requiring mass

mobilization and induction of personnel under the Military

Selective Service Act for training and service in the Armed

Forces; and

(3) providing Congress with a plan, developed in coordina-

tion with the Selective Service System, to induct large numbers

of volunteers who may respond to a national call for volunteers

during an emergency.

(b) R

EPORT

EQUIRED

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense shall submit

to Congress a plan for obtaining inductees as part of a mobilization

timeline for the Selective Service System. The plan shall include

a description of resources, locations, and capabilities of the Armed

Forces required to train, equip, and integrate personnel inducted

into the Armed Forces under the Military Selective Service Act

into the total force, addressing scenarios that would include 300,000,

600,000, and 1,000,000 new volunteer and other personnel inducted

into the Armed Forces under the Military Selective Service Act.

The plan may be provided in classified form.

SEC. 1090. INDEPENDENT ASSESSMENT WITH RESPECT TO ARCTIC

REGION.

(a) I

NDEPENDENT

SSESSMENT

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Commander of the United

States Northern Command, in consultation and coordination

Deadline.

Consultation.

Coordination.

Time period.

10 USC 113 note.

Deadline.

Plan.

Designation.

10 USC 131 note.

Deadline.

Records.

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135 STAT. 1926 PUBLIC LAW 117–81—DEC. 27, 2021

with the Commander of the United States Indo-Pacific Com-

mand, the Commander of the United States European Com-

mand, the military services, and the defense agencies, shall

complete an independent assessment with respect to the activi-

ties and resources required, for fiscal years 2023 through 2027,

to achieve the following objectives:

(A) The implementation of the National Defense

Strategy and military service-specific strategies with

respect to the Arctic region.

(B) The maintenance or restoration of the comparative

military advantage of the United States in response to

great power competitors in the Arctic region.

and contingency plans of the Department of Defense.

(D) To maximize execution of Department operation

and contingency plans, in the event deterrence fails.

(2) E

LEMENTS

.—The assessment required by paragraph (1)

shall include the following:

(A) An analysis of, and recommended changes to

achieve, the required force structure and posture of

assigned and allocated forces within the Arctic region for

fiscal year 2027 necessary to achieve the objectives

described in paragraph (1), which shall be informed by—

(i) a review of United States military requirements

based on operation and contingency plans, capabilities

of potential adversaries, assessed gaps or shortfalls

of the Armed Forces within the Arctic region, and

scenarios that consider—

(I) potential contingencies that commence in

the Arctic region and contingencies that commence

in other regions but affect the Arctic region;

(II) use of near-, mid-, and far-time horizons

to encompass the range of circumstances required

to test new concepts and doctrine;

(III) supporting analyses that focus on the

number of regionally postured military units and

the quality of capability of such units;

(ii) a review of current United States military force

posture and deployment plans within the Arctic region,

especially of Arctic-based forces that provide support

to, or receive support from, the United States Northern

Command, the United States Indo-Pacific Command,

or the United States European Command;

(iii) an analysis of potential future realignments

of United States forces in the region, including options

for strengthening United States presence, access, readi-

ness, training, exercises, logistics, and pre-positioning;

and

(iv) any other matter the Commander of the United

States Northern Command considers appropriate.

(B) A discussion of any factor that may influence the

United States posture, supported by annual wargames and

other forms of research and analysis.

achieve such objectives.

Analysis.

Reviews.

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135 STAT. 1927 PUBLIC LAW 117–81—DEC. 27, 2021

(D) An assessment of logistics requirements, including

personnel, equipment, supplies, storage, and maintenance

needs to achieve such objectives.

(E) An assessment and identification of required infra-

structure and military construction investments to achieve

such objectives.

(3) R

EPORT

.—

(A) I

N GENERAL

.—Upon completion of the assessment

required by paragraph (1), the Commander of the United

States Northern Command shall submit to the Secretary

of Defense a report on the assessment.

(B) S

UBMITTAL TO CONGRESS

.—Not later than 30 days

after the date on which the Secretary receives the report

under subparagraph (A), the Secretary shall provide to

the congressional defense committees—

(i) a copy of the report, in its entirety; and

(ii) any additional analysis or information, as the

Secretary considers appropriate.

ORM

.—The report required by subparagraph (A),

and any additional analysis or information provided under

subparagraph (B)(i)(II), may be submitted in classified

form, but shall include an unclassified summary.

(b) A

RCTIC

ECURITY

NITIATIVE

.—

(1) P

LAN

.—

(A) I

N GENERAL

.—Not later than 30 days after the

date on which the Secretary receives the report under

subsection (a)(3)(A), the Secretary shall provide to the

congressional defense committees a briefing on the plan

to carry out a program of activities to enhance security

in the Arctic region.

(B) O

BJECTIVES

.—The plan required by subparagraph

(A) shall be—

(i) consistent with the objectives described in para-

graph (1) of subsection (a); and

(ii) informed by the assessment required by that

paragraph.

CTIVITIES

.—The plan shall include, as necessary,

the following prioritized activities to improve the design

and posture of the joint force in the Arctic region:

(i) Modernize and strengthen the presence of the

Armed Forces, including those with advanced capabili-

ties.

(ii) Improve logistics and maintenance capabilities

and the pre-positioning of equipment, munitions, fuel,

and materiel.

(iii) Conduct exercises, wargames, education,

training, experimentation, and innovation for the joint

force.

(iv) Improve infrastructure to enhance the respon-

siveness and resiliency of the Armed Forces.

(2) E

STABLISHMENT

.—

(A) I

N GENERAL

.—Not earlier than 30 days after the

submittal of the plan required by paragraph (1), the Sec-

retary may establish a program of activities to enhance

security in the Arctic region, to be known as the ‘‘Arctic

Security Initiative’’ (in this paragraph referred to as the

‘‘Initiative’’).

Deadline.

Briefing.

Analysis.

Records.

Deadline.

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135 STAT. 1928 PUBLIC LAW 117–81—DEC. 27, 2021

(B) F

IVE

YEAR PLAN FOR THE INITIATIVE

.—

(i) I

N GENERAL

.—If the Initiative is established,

the Secretary, in consultation with the Commander

of the United States Northern Command, shall submit

to the congressional defense committees a future years

plan for the activities and resources of the Initiative

that includes the following:

(I) A description of the activities and resources

for the first fiscal year beginning after the date

on which the Initiative is established, and the

plan for not fewer than the four subsequent fiscal

years, organized by the activities described in para-

graph (1)(C).

(II) A summary of progress made toward

achieving the objectives described in subsection

(a)(1).

(III) A summary of the activity, resource, capa-

bility, infrastructure, and logistics requirements

necessary to achieve progress in reducing risk to

the ability of the joint force to achieve objectives

in the Arctic region, including, as appropriate,

investments in—

(aa) active and passive defenses against—

(AA) manned aircraft, surface vessels,

and submarines;

(BB) unmanned naval systems;

(CC) unmanned aerial systems; and

(DD) theater cruise, ballistic, and

hypersonic missiles;

(bb) advanced long-range precision strike

systems;

(cc) command, control, communications,

computers, intelligence, surveillance, and

reconnaissance systems;

(dd) training and test range capacity,

capability, and coordination;

(ee) dispersed resilient and adaptive

basing to support distributed operations,

including expeditionary airfields and ports,

space launch facilities, and command posts;

(ff) advanced critical munitions;

(gg) pre-positioned forward stocks of fuel,

munitions, equipment, and materiel;

(hh) distributed logistics and maintenance

capabilities;

(ii) strategic mobility assets, including ice-

breakers;

(jj) improved interoperability, logistics,

transnational supply lines and infrastructure,

and information sharing with allies and part-

ners, including scientific missions; and

(kk) information operations capabilities.

(IV) A detailed timeline for achieving the

requirements identified under subclause (III).

(V) A detailed explanation of any significant

modification to such requirements, as compared

to—

Timeline.

Summary.

Consultation.

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135 STAT. 1929 PUBLIC LAW 117–81—DEC. 27, 2021

(aa) the assessment required by sub-

section (a)(1) for the first fiscal year; and

(bb) the plans previously submitted for

each subsequent fiscal year.

(VI) Any other matter the Secretary considers

necessary.

(ii) F

ORM

.—A plan under clause (i) shall be sub-

mitted in unclassified form, but may include a classi-

fied annex.

SEC. 1091. NATIONAL SECURITY COMMISSION ON EMERGING BIO-

TECHNOLOGY.

(a) E

STABLISHMENT

.—

(1) I

N GENERAL

.—There is hereby established, as of the

date specified in paragraph (2), an independent commission

in the legislative branch to be known as the ‘‘National Security

Commission on Emerging Biotechnology’’ (in this section

referred to as the ‘‘Commission’’).

(2) D

ATE OF ESTABLISHMENT

.—The date of establishment

referred to in paragraph (1) is 30 days after the date of the

enactment of this Act.

(b) M

EMBERSHIP

.—

(1) N

UMBER AND APPOINTMENT

.—The Commission shall be

composed of 12 members appointed as follows:

(A) Two members appointed by the Chair of the Com-

mittee on Armed Services of the Senate, one of whom

is a Member of the Senate and one of whom is not.

(B) Two members appointed by the ranking minority

member of the Committee on Armed Services of the Senate,

one of whom is a Member of the Senate and one of whom

is not.

mittee on Armed Services of the House of Representatives,

one of whom is a Member of the House of Representatives

and one of whom is not.

(D) Two members appointed by the ranking minority

member of the Committee on Armed Services of the House

of Representatives, one of whom is a Member of the House

of Representatives and one of whom is not.

(E) One member appointed by the Speaker of the House

of Representatives.

(F) One member appointed by the Minority Leader

of the House of Representatives.

(G) One member appointed by the Majority Leader

of the Senate.

(H) One member appointed by the Minority Leader

of the Senate.

(2) D

EADLINE FOR APPOINTMENT

.—Members shall be

appointed to the Commission under paragraph (1) not later

than 45 days after the Commission establishment date specified

under subsection (a)(2).

(3) E

FFECT OF LACK OF APPOINTMENT BY APPOINTMENT

DATE

.—If one or more appointments under paragraph (1) is

not made by the appointment date specified in paragraph (2),

the authority to make such appointment or appointments shall

expire, and the number of members of the Commission shall

Expiration date.

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135 STAT. 1930 PUBLIC LAW 117–81—DEC. 27, 2021

be reduced by the number equal to the number of appointments

so not made.

(4) Q

UALIFICATIONS

.—The members of the Commission who

are not members of Congress and who are appointed under

subsection (b)(1) shall be individuals from private civilian life

who are recognized experts and have relevant professional

experience in matters relating to—

(A) emerging biotechnology and associated tech-

nologies;

(B) use of emerging biotechnology and associated tech-

nologies by national policy makers and military leaders;

national security policies of the United States.

HAIR AND

ICE

HAIR

.—

(1) C

HAIR

.—The Chair of the Committee on Armed Services

of the Senate and the Chair of the Committee on Armed Serv-

ices of the House of Representatives shall jointly designate

one member of the Commission to serve as Chair of the

Commission.

(2) V

ICE CHAIR

.—The ranking minority member of the Com-

mittee on Armed Services of the Senate and the ranking

minority member of the Committee on Armed Services of the

House of Representatives shall jointly designate one member

of the Commission to serve as Vice Chair of the Commission.

(d) P

ERIOD OF

PPOINTMENT AND

ACANCIES

.—Members shall

be appointed for the life of the Commission. A vacancy in the

Commission shall not affect its powers and shall be filled in the

same manner as the original appointment was made.

(e) P

URPOSE

.—The purpose of the Commission is to examine

and make recommendations with respect to emerging biotechnology

as it pertains to current and future missions and activities of

the Department of Defense.

(f) S

COPE AND

UTIES

.—

(1) I

N GENERAL

.—The Commission shall carry out a review

of advances in emerging biotechnology and associated tech-

nologies. In carrying out such review, the Commission shall

consider the methods, means, and investments necessary to

advance and secure the development of biotechnology, biomanu-

facturing, and associated technologies by the United States

to comprehensively address the national security and defense

needs of the United States.

(2) S

COPE OF THE REVIEW

.—In conducting the review

described in this subsection, the Commission shall consider

the following:

(A) The global competitiveness of the United States

in biotechnology, biomanufacturing, and associated tech-

nologies, including matters related to national security,

defense, public-private partnerships, and investments.

(B) Means, methods, and investments for the United

States to maintain and protect a technological advantage

in biotechnology, biomanufacturing, and associated tech-

nologies related to national security and defense.

tion and competitiveness, including foreign investments in

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135 STAT. 1931 PUBLIC LAW 117–81—DEC. 27, 2021

biotechnology, biomanufacturing, and associated tech-

nologies that are scientifically and materially related to

national security and defense.

(D) Means by which to foster greater emphasis and

investments in basic and advanced research to stimulate

government, industry, academic and combined initiatives

in biotechnology, biomanufacturing, and associated tech-

nologies, to the extent that such efforts have application

scientifically and materially related to national security

and defense.

(E) Means by which to foster greater emphasis and

investments in advanced development and test and evalua-

tion of biotechnology-enabled capabilities to stimulate the

growth of the United States bioeconomy and commercial

industry, while also supporting and improving acquisition

and adoption of biotechnologies for national security pur-

poses.

(F) Workforce and education incentives and programs

to attract, recruit, and retain leading talent in fields rel-

evant to the development and sustainment of biotechnology

and biomanufacturing, including science, technology,

engineering, data science and bioinformatics, and biology

and related disciplines.

(G) Risks and threats associated with advances in mili-

tary employment of biotechnology and biomanufacturing.

(H) Associated ethical, legal, social, and environmental

considerations related to biotechnology, biomanufacturing,

and associated technologies as it will be used for future

applications related to national security and defense.

(I) Means to establish international standards for the

tools of biotechnology, biomanufacturing, related cybersecu-

rity, and digital biosecurity.

(J) Means to establish data sharing capabilities within

and amongst government, industry, and academia to foster

collaboration and accelerate innovation, while maintaining

privacy and security for data as required for national secu-

rity and personal protection purposes.

(K) Consideration of the transformative potential and

rapidly-changing developments of biotechnology and bio-

manufacturing innovation and appropriate mechanisms for

managing such technology related to national security and

defense.

(L) Any other matters the Commission deems relevant

to national security.

(g) C

OMMISSION

EPORT AND

ECOMMENDATIONS

.—

(1) F

INAL REPORT

.—Not later than 2 years after the

Commission establishment date specified in subsection (a)(2),

the Commission shall submit to the congressional defense

committees and the President a final report on the findings

of the Commission and such recommendations that the Commis-

sion may have for action by Congress and the Federal Govern-

ment.

(2) I

NTERIM REPORT

.—Not later than 1 year after the

Commission establishment date specified in subsection (a)(2),

the Commission shall submit to the congressional defense

committees and the President an interim report on the status

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135 STAT. 1932 PUBLIC LAW 117–81—DEC. 27, 2021

of the Commission’s review and assessment, including a discus-

sion of any interim recommendations.

(3) F

ORM

.—The report submitted to Congress under para-

graph (1) shall be submitted in unclassified form, but may

include a classified annex.

(h) G

OVERNMENT

OOPERATION

.—

(1) C

OOPERATION

.—In carrying out its duties, the Commis-

sion shall receive the full and timely cooperation of the Sec-

retary of Defense and other Federal departments and agencies

in providing the Commission with analysis, briefings, and other

information necessary for the fulfillment of its responsibilities.

(2) L

IAISON

.—The Secretary of Defense shall designate at

least one officer or employee of the Department of Defense

to serve as a liaison officer between the Department and the

Commission.

(3) D

ETAILEES AUTHORIZED

.—The Secretary of Defense and

the heads of other departments and agencies of the Federal

Government may provide, and the Commission may accept

and employ, personnel detailed from the Department of Defense

and such other departments and agencies, without reimburse-

ment.

(4) F

ACILITATION

.—

(A) I

NDEPENDENT

NONGOVERNMENT INSTITUTE

.—Not

later than 45 days after the Commission establishment

date specified in subsection (a)(2), the Secretary of Defense

may make available to the Commission the services of

an independent, nongovernmental institute described in

section 501(c)(3) of the Internal Revenue Code of 1986,

and exempt from tax under section 501(a) of such Code,

that has recognized credentials and expertise in national

security and military affairs in order to facilitate the

Commission’s discharge of its duties under this section.

(B) F

EDERALLY FUNDED RESEARCH AND DEVELOPMENT

CENTER

.—On request of the Commission, the Secretary

of Defense shall make available the services of a federally

funded research and development center that is covered

by a sponsoring agreement of the Department of Defense

in order to enhance the Commission’s efforts to discharge

its duties under this section.

(5) E

XPEDITION OF SECURITY CLEARANCES

.—The Office of

Senate Security and the Office of House Security shall ensure

the expedited processing of appropriate security clearances

under processes developed for the clearance of legislative branch

employees for any personnel appointed to the Commission by

their respective offices of the Senate and House of Representa-

tives and any personnel appointed by the Executive Director

appointed under subsection (i).

(6) S

ERVICES

.—

(A) DOD

SERVICES

.—The Secretary of Defense may

provide to the Commission, on a nonreimbursable basis,

such administrative services, funds, staff, facilities, and

other support services as are necessary for the performance

of the Commission’s duties under this section.

(B) O

THER AGENCIES

.—In addition to any support pro-

vided under paragraph (1), the heads of other Federal

departments and agencies may provide to the Commission

such services, funds, facilities, staff, and other support

Deadline.

Designation.

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135 STAT. 1933 PUBLIC LAW 117–81—DEC. 27, 2021

as the heads of such departments and agencies determine

advisable and as may be authorized by law.

(i) S

TAFF

.—

(1) S

TATUS AS FEDERAL EMPLOYEES

.—Notwithstanding the

requirements of section 2105 of title 5, United States Code,

including the required supervision under subsection (a)(3) of

such section, any member of the Commission who is not a

Member of Congress shall be considered to be a Federal

employee.

(2) E

XECUTIVE DIRECTOR

.—The Commission shall appoint

and fix the rate of basic pay for an Executive Director in

accordance with section 3161(d) of title 5, United States Code.

(3) P

.—The Executive Director, with the approval of

the Commission, may appoint and fix the rate of basic pay

for additional personnel as staff of the Commission in accord-

ance with section 3161(d) of title 5, United States Code.

(j) P

ERSONAL

ERVICES

.—

(1) A

UTHORITY TO PROCURE

.—The Commission may—

(A) procure the services of experts or consultants (or

of organizations of experts or consultants) in accordance

with the provisions of section 3109 of title 5, United States

Code; and

(B) pay in connection with such services travel

expenses of individuals, including transportation and per

diem in lieu of subsistence, while such individuals are

traveling from their homes or places of business to duty

stations.

(2) M

AXIMUM DAILY PAY RATES

.—The daily rate paid an

expert or consultant procured pursuant to paragraph (1) may

not exceed the daily rate paid a person occupying a position

at level IV of the Executive Schedule under section 5315 of

title 5, United States Code.

(k) A

UTHORITY TO

CCEPT

IFTS

.—The Commission may accept,

use, and dispose of gifts or donations of services, goods, and property

from nonfederal entities for the purposes of aiding and facilitating

the work of the Commission. The authority in this subsection does

not extend to gifts of money. Gifts accepted under this authority

shall be documented, and conflicts of interest or the appearance

of conflicts of interest shall be avoided. Subject to the authority

in this section, members of the Commission shall otherwise comply

with rules set forth by the Select Committee on Ethics of the

Senate and the Committee on Ethics of the House of Representa-

tives governing employees of the Senate and House of Representa-

tives.

(l) L

EGISLATIVE

DVISORY

OMMITTEE

.—The Commission shall

operate as a legislative advisory committee.

(m) C

ONTRACTING

UTHORITY

.—The Commission may acquire

administrative supplies and equipment for Commission use to the

extent funds are available.

(n) U

SE OF

OVERNMENT

NFORMATION

.—The Commission may

secure directly from any department or agency of the Federal

Government such information as the Commission considers nec-

essary to carry out its duties. Upon such request of the chair

of the Commission, the head of such department or agency shall

furnish such information to the Commission.

Compliance.

Appointment.

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135 STAT. 1934 PUBLIC LAW 117–81—DEC. 27, 2021

(o) P

OSTAL

ERVICES

.—The Commission may use the United

States mail in the same manner and under the same conditions

as Federal departments and agencies.

(p) S

PACE FOR

SE OF

OMMISSION

.—Not later than 30 days

after the establishment date of the Commission, the Administrator

of General Services, in consultation with the Commission, shall

identify and make available suitable excess space within the Federal

space inventory to house the operations of the Commission. If

the Administrator is not able to make such suitable excess space

available within such 30-day period, the Commission may lease

space to the extent the funds are available.

(q) R

EMOVAL OF

EMBERS

.—A member may be removed from

the Commission for cause by the individual serving in the position

responsible for the original appointment of such member under

subsection (b)(1), provided that notice has first been provided to

such member of the cause for removal and voted and agreed upon

by three quarters of the members serving. A vacancy created by

the removal of a member under this subsection shall not affect

the powers of the Commission, and shall be filled in the same

manner as the original appointment was made.

(r) T

ERMINATION

.—The Commission shall terminate 18 months

after the date on which it submits the final report required by

subsection (g).

SEC. 1092. QUARTERLY SECURITY BRIEFINGS ON AFGHANISTAN.

(a) I

ENERAL

.—Not later than January 15, 2022, and every

90 days thereafter through December 31, 2025, the Under Secretary

of Defense for Policy, in consultation with the Chairman of the

Joint Chiefs of Staff and the Under Secretary of Defense for Intel-

ligence and Security, shall provide to the congressional defense

committees an unclassified and classified briefing on the security

situation in Afghanistan and ongoing Department of Defense efforts

to counter terrorist groups in Afghanistan.

(b) E

LEMENTS

.—Each briefing required by subsection (a) shall

include an assessment of each of the following:

(1) The security situation in Afghanistan.

(2) The disposition of the Taliban, al-Qaeda, the Islamic

State of Khorasan, and associated forces, including the respec-

tive sizes and geographic areas of control of each such group.

(3) The international terrorism ambitions and capabilities

of the Taliban, al-Qaeda, the Islamic State of Khorasan, and

associated forces, and the extent to which each such group

poses a threat to the United States and its allies.

(4) The capability and willingness of the Taliban to counter

the Islamic State of Khorasan.

(5) The capability and willingness of the Taliban to counter

al-Qaeda.

(6) The extent to which the Taliban have targeted, and

continue to target, Afghan nationals who assisted the United

States and coalition forces during the United States military

operations in Afghanistan between 2001 and 2021.

(7) Basing, overflight, or other cooperative arrangements

between the United States and regional partners as part of

the over-the-horizon counterterrorism posture for Afghanistan.

(8) The capability and effectiveness of the over-the-horizon

counterterrorism posture of the United States for Afghanistan.

Time period.

Assessment.

Deadline.

Time period.

Consultation.

Classified

information.

Deadline.

Consultation.

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135 STAT. 1935 PUBLIC LAW 117–81—DEC. 27, 2021

(9) The disposition of United States forces in the area

of operations of United States Central Command, including

the force posture and associated capabilities to conduct oper-

ations in Afghanistan.

(10) The activities of regional actors as they relate to pro-

moting stability and countering threats from terrorist groups

in Afghanistan, including—

(A) military operations conducted by foreign countries

in the region as such operations relate to Afghanistan;

(B) the capabilities of the militaries of foreign countries

to execute operations in Afghanistan; and

countries and the Taliban or foreign terrorist organizations

inside Afghanistan.

(11) Any other matter the Under Secretary considers appro-

priate.

SEC. 1093. TRANSITION OF FUNDING FOR NON-CONVENTIONAL

ASSISTED RECOVERY CAPABILITIES.

(a) P

LAN

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 270 days after the date

of the enactment of this Act, the Secretary of Defense shall

submit to the congressional defense committees a plan to transi-

tion the funding of non-conventional assisted recovery capabili-

ties from the authority provided under section 943 of the

Duncan Hunter National Defense Authorization Act for Fiscal

Year 2009 (Public Law 110–417; 122 Stat. 4578) to the authority

provided under section 127f of title 10, United States Code.

(2) E

LEMENTS

.—The plan required by paragraph (1) shall

include the following:

(A) An identification of the non-conventional assisted

recovery capabilities to be transitioned to the authority

provided by such section 127f.

(B) An identification of any legislative changes to such

section 127f necessary to accommodate the transition of

capabilities currently funded under such section 943.

plans to ensure appropriate transparency of activities for

non-conventional assisted recovery capabilities, and related

funding, in the annual report required under subsection

(e) of such section 127f.

(D) Any other matter the Secretary considers relevant.

(b) M

ODIFICATION OF

UTHORITY FOR

XPENDITURE OF

UNDS

FOR

LANDESTINE

CTIVITIES

HAT

UPPORT

PERATIONAL

REPARATION OF THE

NVIRONMENT

.—Section 127f of title 10,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(f) N

-C

ONVENTIONAL

SSISTED

ECOVERY

APABILITIES

.—

Funding used to establish, develop, and maintain non-conventional

assisted recovery capabilities under this section may only be obli-

gated and expended with the concurrence of the relevant Chief

of Mission or Chiefs of Mission.’’.

SEC. 1094. AFGHANISTAN WAR COMMISSION ACT OF 2021.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Afghani-

stan War Commission Act of 2021’’.

(b) D

EFINITIONS

.—In this section:

Afghanistan War

Commission Act

of 2021.

Deadline.

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135 STAT. 1936 PUBLIC LAW 117–81—DEC. 27, 2021

(1) The term ‘‘applicable period’’ means the period begin-

ning June 1, 2001, and ending August 30, 2021.

(2) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Armed Services of the Senate;

(B) the Committee on Foreign Relations of the Senate;

(D) the Committee on Appropriations of the Senate;

(E) the Committee on Armed Services of the House

of Representatives;

(F) the Committee on Foreign Affairs of the House

of Representatives;

(G) the Permanent Select Committee on Intelligence

of the House of Representatives; and

(H) the Committee on Appropriations of the House

of Representatives.

(3) The term ‘‘intelligence community’’ has the meaning

given that term in section 3(4) of the National Security Act

of 1947 (50 U.S.C. 3003(4)).

STABLISHMENT OF

OMMISSION

.—

(1) E

STABLISHMENT

.—There is established in the legislative

branch an independent commission to be known as the Afghani-

stan War Commission (in this section referred to as the

‘‘Commission’’).

(2) M

EMBERSHIP

.—

(A) C

OMPOSITION

.—The Commission shall be composed

of 16 members of whom—

(i) 1 shall be appointed by the Chairman of the

Committee on Armed Services of the Senate;

(ii) 1 shall be appointed by the ranking member

of the Committee on Armed Services of the Senate;

(iii) 1 shall be appointed by the Chairman of the

Committee on Armed Services of the House of Rep-

resentatives;

(iv) 1 shall be appointed by the ranking member

of the Committee on Armed Services of the House

of Representatives;

(v) 1 shall be appointed by the Chairman of the

Committee on Foreign Relations of the Senate;

(vi) 1 shall be appointed by the ranking member

of the Committee on Foreign Relations of the Senate;

(vii) 1 shall be appointed by the Chairman of the

Committee on Foreign Affairs of the House of Rep-

resentatives;

(viii) 1 shall be appointed by the ranking member

of the Committee on Foreign Affairs of the House of

Representatives;

(ix) 1 shall be appointed by the Chairman of the

Select Committee on Intelligence of the Senate;

(x) 1 shall be appointed by the Vice Chairman

of the Select Committee on Intelligence of the Senate.

(xi) 1 shall be appointed by the Chairman of the

Permanent Select Committee on Intelligence of the

House of Representatives;

(xii) 1 shall be appointed by the ranking member

of the Permanent Select Committee on Intelligence

of the House of Representatives;

Appointments.

Time period.

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135 STAT. 1937 PUBLIC LAW 117–81—DEC. 27, 2021

(xiii) 1 shall be appointed by the Majority leader

of the Senate;

(xiv) 1 shall be appointed by the Minority leader

of the Senate;

(xv) 1 shall be appointed by the Speaker of the

House of Representatives; and

(xvi) 1 shall be appointed by the Minority Leader

of the House of Representatives.

(B) Q

UALIFICATIONS

.—It is the sense of Congress that

each member of the Commission appointed under subpara-

graph (A) should—

(i) have significant professional experience in

national security, such as a position in—

(I) the Department of Defense;

(II) the Department of State;

(III) the intelligence community;

(IV) the United States Agency for Inter-

national Development; or

(V) an academic or scholarly institution; and

(ii) be eligible to receive the appropriate security

clearance to effectively execute their duties.

ROHIBITIONS

.—A member of the Commission

appointed under subparagraph (A) may not—

(i) be a current member of Congress;

(ii) be a former member of Congress who served

in Congress after January 3, 2001;

(iii) be a current or former registrant under the

Foreign Agents Registration Act of 1938 (22 U.S.C.

611 et seq.);

(iv) have previously investigated Afghanistan

policy or the war in Afghanistan through employment

in the office of a relevant inspector general;

(v) have been the sole owner or had a majority

stake in a company that held any United States or

coalition defense contract providing goods or services

to activities by the United States Government or coali-

tion in Afghanistan during the applicable period; or

(vi) have served, with direct involvement in actions

by the United States Government in Afghanistan

during the time the relevant official served, as—

(I) a cabinet secretary or national security

adviser to the President; or

(II) a four-star flag officer, Under Secretary,

or more senior official in the Department of

Defense or the Department of State.

(D) D

ATE

.—

(i) I

N GENERAL

.—The appointments of the members

of the Commission shall be made not later than 60

days after the date of enactment of this Act.

(ii) F

AILURE TO MAKE APPOINTMENT

.—If an

appointment under subparagraph (A) is not made by

the appointment date specified in clause (i)—

(I) the authority to make such appointment

shall expire; and

(II) the number of members of the Commission

shall be reduced by the number equal to the

number of appointments not made.

Expiration date.

Deadline.

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135 STAT. 1938 PUBLIC LAW 117–81—DEC. 27, 2021

(3) P

ERIOD OF APPOINTMENT

;

VACANCIES

.—

(A) I

N GENERAL

.—A member of the Commission shall

be appointed for the life of the Commission.

(B) V

ACANCIES

.—A vacancy in the Commission—

(i) shall not affect the powers of the Commission;

and

(ii) shall be filled in the same manner as the

original appointment.

(4) M

EETINGS

.—

(A) I

NITIAL MEETING

.—Not later than 30 days after

the date on which all members of the Commission have

been appointed, the Commission shall hold the first

meeting of the Commission.

(B) F

REQUENCY

.—The Commission shall meet at the

call of the Co-Chairpersons.

UORUM

.—A majority of the members of the

Commission shall constitute a quorum, but a lesser number

of members may hold hearings.

(5) C

CHAIRPERSONS

.—Co-Chairpersons of the Commission

shall be selected by the Leadership of the Senate and the

House of Representatives as follows:

(A) 1 Co-Chairperson selected by the Majority Leader

of the Senate and the Speaker of the House of Representa-

tives from the members of the Commission appointed by

chairpersons of the appropriate congressional committees,

the Majority Leader of the Senate, and the Speaker of

the House of Representatives; and

(B) 1 Co-Chairperson selected by the Minority Leader

of the Senate and the Minority Leader of the House of

Representatives from the members of the Commission

appointed by the ranking members of the appropriate

congressional committees, the Minority Leader of the

Senate, and the Minority Leader of the House of Represent-

atives.

(d) P

URPOSE OF

OMMISSION

.— The purpose of the Commission

is—

(1) to examine the key strategic, diplomatic, and oper-

ational decisions that pertain to the war in Afghanistan during

the relevant period, including decisions, assessments, and

events that preceded the war in Afghanistan; and

(2) to develop a series of lessons learned and recommenda-

tions for the way forward that will inform future decisions

by Congress and policymakers throughout the United States

Government.

(e) D

UTIES OF

OMMISSION

.—

(1) S

TUDY

.—

(A) I

N GENERAL

.—The Commission shall conduct a

thorough study of all matters relating to combat operations,

reconstruction and security force assistance activities, intel-

ligence activities, and diplomatic activities of the United

States pertaining to the Afghanistan during the period

beginning June 1, 2001, and ending August 30, 2021.

(B) M

ATTERS STUDIED

.—The matters studied by the

Commission shall include—

(i) for the time period specified under subpara-

graph (A)—

Deadline.

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135 STAT. 1939 PUBLIC LAW 117–81—DEC. 27, 2021

(I) the policy objectives of the United States

Government, including—

(aa) military objectives;

(bb) diplomatic objectives; and

(cc) development objectives;

(II) significant decisions made by the United

States, including the development of options pre-

sented to policymakers;

(III) the efficacy of efforts by the United States

Government in meeting the objectives described

in clause (i), including an analysis of—

(aa) military efforts;

(bb) diplomatic efforts;

(cc) development efforts; and

(dd) intelligence efforts; and

(IV) the efficacy of counterterrorism efforts

against al Qaeda, the Islamic State Khorasan

Province, and other foreign terrorist organizations

in degrading the will and capabilities of such

organizations—

(aa) to mount external attacks against the

United States or its allies and partners; or

(bb) to threaten stability in Afghanistan,

neighboring countries, and the region;

(ii) the efficacy of metrics, measures of effective-

ness, and milestones used to assess progress of diplo-

matic, military, and intelligence efforts;

(iii) the efficacy of interagency planning and execu-

tion process by the United States Government;

(iv) factors that led to the collapse of the Afghan

National Defense Security Forces in 2021, including—

(I) training and mentoring from the institu-

tional to the tactical levels within the Afghan

National Defense Security Forces;

(II) assessment methodologies, including any

transition from different methodologies and the

consistency of implementation and reporting;

(III) the determination of how to establish and

develop the Afghan National Defense Security

Forces, including the Afghan Air Force, and what

determined the security cooperation model used

to build such force;

(IV) reliance on technology and logistics sup-

port;

(V) corruption; and

(VI) reliance on warfighting enablers provided

by the United States;

(v) the challenges of corruption across the entire

spectrum of the Afghan Government and efficacy of

counter-corruption efforts to include linkages to diplo-

matic lines of effort, linkages to foreign and security

assistance, and assessment methodologies;

(vi) the efficacy of counter-narcotic efforts to

include alternative livelihoods, eradication, interdic-

tion, and education efforts;

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135 STAT. 1940 PUBLIC LAW 117–81—DEC. 27, 2021

(vii) the role of countries neighboring Afghanistan

in contributing to the stability or instability of Afghani-

stan;

(viii) varying diplomatic approaches between Presi-

dential administrations;

(ix) the extent to which the intelligence community

did or did not fail to provide sufficient warning about

the probable outcomes of a withdrawal of coalition

military personnel from Afghanistan, including as it

relates to—

(I) the capability and sustainability of the

Afghanistan National Defense Security Forces;

(II) the sustainability of the Afghan central

government, absent coalition support;

(III) the extent of Taliban control over

Afghanistan over time with respect to geographic

territory, population centers, governance, and

influence; and

(IV) the likelihood of the Taliban regaining

control of Afghanistan at various levels of United

States and coalition support, including the with-

drawal of most or all United States or coalition

support;

(x) the extent to which intelligence products

related to the state of the conflict in Afghanistan and

the effectiveness of the Afghanistan National Defense

Security Forces complied with intelligence community-

wide analytic tradecraft standards and fully reflected

the divergence of analytic views across the intelligence

community;

(xi) an evaluation of whether any element of the

United States Government inappropriately restricted

access to data from elements of the intelligence commu-

nity, Congress, or the Special Inspector General for

Afghanistan Reconstruction (SIGAR) or any other over-

sight body such as other inspectors general or the

Government Accountability Office, including through

the use of overclassification; and

(xii) the extent to which public representations

of the situation in Afghanistan before Congress by

United States Government officials differed from the

most recent formal assessment of the intelligence

community at the time those representations were

made.

(2) R

EPORT REQUIRED

.—

(A) I

N GENERAL

.—

(i) A

NNUAL REPORT

.—

(I) I

N GENERAL

.—Not later than 1 year after

the date of the initial meeting of the Commission,

and annually thereafter, the Commission shall

submit to the appropriate congressional commit-

tees a report describing the progress of the activi-

ties of the Commission as of the date of such

report, including any findings, recommendations,

or lessons learned endorsed by the Commission.

(II) A

DDENDA

.—Any member of the Commis-

sion may submit an addendum to a report required

Recommenda-

tions.

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135 STAT. 1941 PUBLIC LAW 117–81—DEC. 27, 2021

under subclause (I) setting forth the separate

views of such member with respect to any matter

considered by the Commission.

(III) B

RIEFING

.—On the date of the submission

of each report, the Commission shall brief Con-

gress.

(ii) F

INAL REPORT

.—

(I) S

UBMISSION

.—Not later than 3 years after

the date of the initial meeting of the Commission,

the Commission shall submit to Congress a report

that contains a detailed statement of the findings,

recommendations, and lessons learned endorsed

by the Commission.

(II) A

DDENDA

.—Any member of the Commis-

sion may submit an addendum to the report

required under subclause (I) setting forth the sepa-

rate views of such member with respect to any

matter considered by the Commission.

(III) E

XTENSION

.—The Commission may

submit the report required under subclause (I)

at a date that is not more than 1 year later than

the date specified in such clause if agreed to by

the chairperson and ranking member of each of

the appropriate congressional committees.

(B) F

ORM

.—The report required by paragraph (1)(B)

shall be submitted and publicly released on a Government

website in unclassified form but may contain a classified

annex.

UBSEQUENT REPORTS ON DECLASSIFICATION

.—

(i) I

N GENERAL

.—Not later than 4 years after the

date that the report required by subparagraph (A)(ii)

is submitted, each relevant agency of jurisdiction shall

submit to the committee of jurisdiction a report on

the efforts of such agency to declassify such annex.

(ii) C

ONTENTS

.—Each report required by clause (i)

shall include—

(I) a list of the items in the classified annex

that the agency is working to declassify at the

time of the report and an estimate of the timeline

for declassification of such items;

(II) a broad description of items in the annex

that the agency is declining to declassify at the

time of the report; and

(III) any justification for withholding declas-

sification of certain items in the annex and an

estimate of the timeline for declassification of such

items.

(f) P

OWERS OF

OMMISSION

.—

(1) H

EARINGS

.—The Commission may hold such hearings,

take such testimony, and receive such evidence as the Commis-

sion considers necessary to carry out its purpose and functions

under this section.

(2) A

SSISTANCE FROM FEDERAL AGENCIES

.—

(A) I

NFORMATION

.—

(i) I

N GENERAL

.—The Commission may secure

directly from a Federal department or agency such

List.

Public

information.

Web posting.

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135 STAT. 1942 PUBLIC LAW 117–81—DEC. 27, 2021

information as the Commission considers necessary to

carry out this section.

(ii) F

URNISHING INFORMATION

.—Upon receipt of a

written request by the Co-Chairpersons of the Commis-

sion, the head of the department or agency shall

expeditiously furnish the information to the Commis-

sion.

(B) S

PACE FOR COMMISSION

.—

(i) I

N GENERAL

.—Not later than 30 days after the

date of the enactment of this Act, the Architect of

the Capitol, in consultation with the Commission, shall

identify suitable space to house the operations of the

Commission, which shall include—

(I) a dedicated sensitive compartmented

information facility or access to a sensitive

compartmented information facility; and

(II) the ability to store classified documents.

(ii) A

UTHORITY TO LEASE

.—If the Architect of the

Capitol is not able to identify space in accordance

with clause (i) within the 30-day period specified in

clause (i), the Commission may lease space to the

extent that funds are available for such purpose.

OMPLIANCE BY INTELLIGENCE COMMUNITY

.—Ele-

ments of the intelligence community shall respond to

requests submitted pursuant to paragraph (2) in a manner

consistent with the protection of intelligence sources and

methods.

(3) P

OSTAL SERVICES

.—The Commission may use the United

States mails in the same manner and under the same conditions

as other departments and agencies of the Federal Government.

(4) G

IFTS

.—The Commission may accept, use, and dispose

of gifts or donations of services, goods, and property from non-

Federal entities for the purposes of aiding and facilitating the

work of the Commission. The authority in this subsection does

not extend to gifts of money. Gifts accepted under this authority

shall be documented, and conflicts of interest or the appearance

of conflicts of interest shall be avoided. Subject to the authority

in this section, commissioners shall otherwise comply with rules

set forth by the Select Committee on Ethics of the Senate.

(5) E

THICS

.—

(A) I

N GENERAL

.—The members and employees of the

Commission shall be subject to the ethical rules and guide-

lines of the Senate.

(B) R

EPORTING

.—For purposes of title I of the Ethics

in Government Act of 1978 (5 U.S.C. App.), each member

and employee of the Commission—

(i) shall be deemed to be an officer or employee

of the Congress (as defined in section 109(13) of such

title); and

(ii) shall file any report required to be filed by

such member or such employee (including by virtue

of the application of subsection (g)(1)) under title I

of the Ethics in Government Act of 1978 (5 U.S.C.

App.) with the Secretary of the Senate.

(g) C

OMMISSION

ERSONNEL

ATTERS

.—

(1) C

OMPENSATION OF MEMBERS

.—A member of the

Commission who is not an officer or employee of the Federal

Compliance.

Deadline.

Consultation.

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135 STAT. 1943 PUBLIC LAW 117–81—DEC. 27, 2021

Government shall be compensated at a rate equal to the daily

equivalent of the annual rate of basic pay prescribed for level

IV of the Executive Schedule under section 5315 of title 5,

United States Code, for each day (including travel time) during

which the member is engaged in the performance of the duties

of the Commission.

(2) T

RAVEL EXPENSES

.—A member of the Commission shall

be allowed travel expenses, including per diem in lieu of subsist-

ence, at rates authorized for employees of agencies under sub-

chapter I of chapter 57 of title 5, United States Code, while

away from their homes or regular places of business in the

performance of services for the Commission.

(3) S

TAFF

.—

(A) S

TATUS AS FEDERAL EMPLOYEES

.—Notwithstanding

the requirements of section 2105 of title 5, United States

Code, including the required supervision under subsection

(a)(3) of such section, the members of the commission shall

be deemed to be Federal employees.

(B) E

XECUTIVE DIRECTOR

.—The Co-Chairpersons of the

Commission shall appoint and fix the rate of basic pay

for an Executive Director in accordance with section 3161(d)

of title 5, United States Code.

.—The Executive Director, with the approval

of the Co-Chairpersons of the Commission, may appoint

and fix the rate of basic pay for additional personnel as

staff of the Commission in accordance with section 3161(d)

of title 5, United States Code.

(D) S

ECURITY CLEARANCES

.—All staff must have or be

eligible to receive the appropriate security clearance to

conduct their duties.

(4) D

ETAIL OF GOVERNMENT EMPLOYEES

.—A Federal

Government employee, with the appropriate security clearance

to conduct their duties, may be detailed to the Commission

without reimbursement, and such detail shall be without

interruption or loss of civil service status or privilege.

(5) P

ROCUREMENT OF TEMPORARY AND INTERMITTENT SERV

ICES

.—The Co-Chairpersons of the Commission may procure

temporary and intermittent services under section 3109(b) of

title 5, United States Code, at rates for individuals that 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 that title.

(6) P

.—The pay of each employee of the Commission

and any member of the Commission who receives pay in accord-

ance with paragraph (1) shall be disbursed by the Secretary

of the Senate.

(h) T

ERMINATION OF

OMMISSION

.—The Commission shall

terminate 90 days after the date on which the Commission submits

the report required under subsection (e)(2)(A)(ii).

SEC. 1095. COMMISSION ON THE NATIONAL DEFENSE STRATEGY.

(a) E

STABLISHMENT

.—

(1) I

N GENERAL

.—There is hereby established, as of the

date specified in paragraph (2), an independent commission

in the legislative branch to be known as the Commission on

the National Defense Strategy for the United States (in this

subtitle referred to as the ‘‘Commission’’).

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135 STAT. 1944 PUBLIC LAW 117–81—DEC. 27, 2021

(2) D

ATE OF ESTABLISHMENT

.—The date of establishment

referred to in paragraph (1) is the date that is not later than

30 days after the date on which the Secretary of Defense

provides a national defense strategy as required by section

113(g) of title 10, United States Code.

(b) M

EMBERSHIP

.—

(1) N

UMBER AND APPOINTMENT

.—The Commission shall be

composed of 8 members from private civilian life who are recog-

nized experts in matters relating to the national security of

the United States. The members shall be appointed as follows:

(A) The Majority Leader of the Senate shall appoint

1 member.

(B) The Minority Leader of the Senate shall appoint

1 member.

appoint 1 member.

(D) The Minority Leader of the House of Representa-

tives shall appoint 1 member.

(E) The Chair of the Committee on Armed Services

of the Senate shall appoint 1 member.

(F) The Ranking Member of the Committee on Armed

Services of the Senate shall appoint 1 member.

(G) The Chair of the Committee on Armed Services

of the House of Representatives shall appoint 1 member.

(H) The Ranking Member of the Committee on Armed

Services of the House of Representatives shall appoint 1

member.

(2) D

EADLINE FOR APPOINTMENT

.—Members shall be

appointed to the Commission under paragraph (1) not later

than 45 days after the Commission establishment date specified

under subsection (a)(2).

(3) E

FFECT OF LACK OF APPOINTMENT BY APPOINTMENT

DATE

.—If one or more appointments under paragraph (1) is

not made by the appointment date specified in paragraph (2),

the authority to make such appointment or appointments shall

expire, and the number of members of the Commission shall

be reduced by the number equal to the number of appointments

so not made.

HAIR AND

ICE

HAIR

.—

(1) C

HAIR

.—The Chair of the Committee on Armed Services

of the Senate and the Chair of the Committee on Armed Serv-

ices of the House of Representatives, with the concurrence

of the Majority Leader of the Senate and the Speaker of the

House of Representatives, shall jointly designate 1 member

of the Commission to serve as Chair of the Commission.

(2) V

ICE CHAIR

.—The Ranking Member of the Committee

on Armed Services of the Senate and the Ranking Member

of the Committee on Armed Services of the House of Represent-

atives, with the concurrence of the Minority Leader of the

Senate and the Minority Leader of the House of Representa-

tives, shall jointly designate 1 member of the Commission to

serve as Vice Chair of the Commission.

(d) P

ERIOD OF

PPOINTMENT AND

ACANCIES

.—Members shall

be appointed for the life of the Commission. A vacancy in the

Commission shall not affect its powers, and shall be filled in the

same manner as the original appointment was made.

Expiration date.

Deadline.

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135 STAT. 1945 PUBLIC LAW 117–81—DEC. 27, 2021

(e) P

URPOSE

.—The purpose of the Commission is to examine

and make recommendations with respect to the national defense

strategy for the United States.

(f) S

COPE AND

UTIES

.—In order to provide the fullest under-

standing of the matters required under subsection (e), the Commis-

sion shall perform the following duties:

(1) N

ATIONAL DEFENSE STRATEGY REVIEW

.—The Commis-

sion shall review the most recent national defense strategy

of the United States including the assumptions, strategic objec-

tives, priority missions, major investments in defense capabili-

ties, force posture and structure, operational concepts, and stra-

tegic and military risks associated with the strategy.

(2) A

SSESSMENT

.—The Commission shall conduct a com-

prehensive assessment of the strategic environment to include

the threats to the national security of the United States,

including both traditional and non-traditional threats, the size

and shape of the force, the readiness of the force, the posture,

structure, and capabilities of the force, allocation of resources,

and the strategic and military risks in order to provide rec-

ommendations on the national defense strategy for the United

States.

(g) C

OMMISSION

EPORT AND

ECOMMENDATIONS

.—

(1) R

EPORT

.—Not later than one year after the Commission

establishment date specified under subsection (a)(2), the

Commission shall transmit to the President and Congress a

report containing the review and assessment conducted under

subsection (f), together with any recommendations of the

Commission. The report shall include the following elements:

(A) An appraisal of the strategic environment,

including an examination of the traditional and non-tradi-

tional threats to the United States, and the potential for

conflicts arising from such threats and security challenges.

(B) An evaluation of the strategic objectives of the

Department of Defense for near-peer competition in support

of the national security interests of the United States.

Department of Defense should prepare, including missions

that support the interagency and a whole-of-government

strategy.

(D) Identification of any gaps or redundancies in the

roles and missions assigned to the Armed Forces necessary

to carry out military missions identified in subparagraph

(C), as well as the roles and capabilities provided by other

Federal agencies and by allies and international partners.

(E) An assessment of how the national defense strategy

leverages other elements of national power across the inter-

agency to counter near-peer competitors.

(F) An evaluation of the resources necessary to support

the strategy, including budget recommendations.

(G) An examination of the Department’s efforts to

develop new and innovative operational concepts to enable

the United States to more effectively counter near-peer

competitors.

(H) An analysis of the force planning construct,

including—

(i) the size and shape of the force;

Analysis.

Examination.

Evaluation.

Assessment.

Review.

Evaluation.

Appraisal.

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135 STAT. 1946 PUBLIC LAW 117–81—DEC. 27, 2021

(ii) the posture, structure, and capabilities of the

force;

(iii) the readiness of the force;

(iv) infrastructure and organizational adjustments

to the force;

(v) modifications to personnel requirements,

including professional military education; and

(vi) other elements of the defense program nec-

essary to support the strategy.

(I) An assessment of the risks associated with the

strategy, including the relationships and tradeoffs between

missions, risks, and resources.

(J) Any other elements the Commission considers

appropriate.

(2) I

NTERIM BRIEFINGS

.—

(A) Not later than 180 days after the Commission

establishment date specified in subsection (a)(2), the

Commission shall provide to the Committees on Armed

Services of the Senate and the House of Representatives

a briefing on the status of its review and assessment to

include a discussion of any interim recommendations.

(B) At the request of the Chair and Ranking Member

of the Committee on Armed Services of the Senate, or

the Chair and Ranking Member of the Committee on Armed

Services of the House of Representatives, the Commission

shall provide the requesting Committee with interim

briefings in addition to the briefing required by subpara-

graph (2)(A).

(3) F

ORM

.—The report submitted to Congress under para-

graph (1) of this subsection shall be submitted in unclassified

form, but may include a classified annex.

(h) G

OVERNMENT

OOPERATION

.—

(1) C

OOPERATION

.—In carrying out its duties, the Commis-

sion shall receive the full and timely cooperation of the Sec-

retary of Defense in providing the Commission with analysis,

briefings, and other information necessary for the fulfillment

of its responsibilities.

(2) L

IAISON

.—The Secretary shall designate at least 1

officer or employee of the Department of Defense to serve

as a liaison officer between the Department and the Commis-

sion.

(3) D

ETAILEES AUTHORIZED

.—The Secretary may provide,

and the commission may accept and employ, personnel detailed

from the Department of Defense, without reimbursement.

(4) F

ACILITATION

.—

(A) I

NDEPENDENT

NON

GOVERNMENT INSTITUTE

.—Not

later than 45 days after the Commission establishment

date specified in subparagraph (a)(2), the Secretary of

Defense shall make available to the Commission the serv-

ices of an independent, non-governmental institute

described in section 501(c)(3) of the Internal Revenue Code

of 1986, and exempt from tax under section 501(a) of such

Code, that has recognized credentials and expertise in

national security and military affairs in order to facilitate

the Commission’s discharge of its duties under this section.

(B) F

EDERALLY FUNDED RESEARCH AND DEVELOPMENT

CENTER

.—On request of the Commission, the Secretary

Deadline.

Assessment.

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135 STAT. 1947 PUBLIC LAW 117–81—DEC. 27, 2021

of Defense shall make available the services of a federally

funded research and development center that is covered

by a sponsoring agreement of the Department of Defense

in order to enhance the Commission’s efforts to discharge

its duties under this section.

(5) E

XPEDITION OF SECURITY CLEARANCES

.—The Office of

Senate Security and the Office of House Security shall ensure

the expedited processing of appropriate security clearances for

personnel appointed to the commission by their respective

Senate and House offices under processes developed for the

clearance of legislative branch employees.

(i) S

TAFF

.—

(1) S

TATUS AS FEDERAL EMPLOYEES

.—Notwithstanding the

requirements of section 2105 of title 5, United States Code,

including the required supervision under subsection (a)(3) of

such section, the members of the commission shall be deemed

to be Federal employees.

(2) E

XECUTIVE DIRECTOR

.—The Commission shall appoint

and fix the rate of basic pay for an Executive Director in

accordance with section 3161(d) of title 5, United States Code.

(3) P

.—The Executive Director, with the approval of

the Commission, may appoint and fix the rate of basic pay

for additional personnel as staff of the Commission in accord-

ance with section 3161(d) of title 5, United States Code.

(j) P

ERSONAL

ERVICES

.—

(1) A

UTHORITY TO PROCURE

.—The Commission may—

(A) procure the services of experts or consultants (or

of organizations of experts or consultants) in accordance

with the provisions of section 3109 of title 5, United States

Code; and

(B) pay in connection with such services travel

expenses of individuals, including transportation and per

diem in lieu of subsistence, while such individuals are

traveling from their homes or places of business to duty

stations.

(2) M

AXIMUM DAILY PAY RATES

.—The daily rate paid an

expert or consultant procured pursuant to paragraph (1) may

not exceed the daily rate paid a person occupying a position

at level IV of the Executive Schedule under section 5315 of

title 5, United States Code.

(k) A

UTHORITY TO

CCEPT

IFTS

.—The Commission may accept,

use, and dispose of gifts or donations of services, goods, and property

from non-Federal entities for the purposes of aiding and facilitating

the work of the Commission. The authority in this subsection does

not extend to gifts of money. Gifts accepted under this authority

shall be documented, and conflicts of interest or the appearance

of conflicts of interest shall be avoided. Subject to the authority

in this section, commissioners shall otherwise comply with rules

set forth by the Select Committee on Ethics of the United States

Senate and the Committee on Ethics of the House of Representa-

tives governing Senate and House employees.

(l) F

UNDING

.—Of the amounts authorized to be appropriated

by this Act for fiscal year 2022 for the Department of Defense,

up to $5,000,000 shall be made available to the Commission to

carry out its duties under this subtitle. Funds made available

to the Commission under the preceding sentence shall remain avail-

able until expended.

Compliance.

Contracts.

Appointment.

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135 STAT. 1948 PUBLIC LAW 117–81—DEC. 27, 2021

(m) L

EGISLATIVE

DVISORY

OMMITTEE

.—The Commission shall

operate as a legislative advisory committee and shall not be subject

to the provisions of the Federal Advisory Committee Act (Public

Law 92–463; 5 U.S.C. App) or section 552b, United States Code

(commonly known as the Government in the Sunshine Act).

(n) C

ONTRACTING

UTHORITY

.—The Commission may acquire

administrative supplies and equipment for Commission use to the

extent funds are available.

(o) U

SE OF

OVERNMENT

NFORMATION

.—The Commission may

secure directly from any department or agency of the Federal

Government such information as the Commission considers nec-

essary to carry out its duties. Upon such request of the chair

of the Commission, the head of such department or agency shall

furnish such information to the Commission.

(p) P

OSTAL

ERVICES

.—The Commission may use the United

States mail in the same manner and under the same conditions

as departments and agencies of the United States.

(q) S

PACE FOR

SE OF

OMMISSION

.—Not later than 30 days

after the establishment date of the Commission, the Administrator

of General Services, in consultation with the Commission, shall

identify and make available suitable excess space within the Federal

space inventory to house the operations of the Commission. If

the Administrator is not able to make such suitable excess space

available within such 30-day period, the Commission may lease

space to the extent the funds are available.

(r) R

EMOVAL OF

EMBERS

.—A member may be removed from

the commission for cause by the individual serving in the position

responsible for the original appointment of such member under

subsection (b)(1), provided that notice has first been provided to

such member of the cause for removal, voted and agreed upon

by three quarters of the members serving. A vacancy created by

the removal of a member under this section shall not affect the

powers of the commission, and shall be filled in the same manner

as the original appointment was made.

(s) T

ERMINATION

.—The Commission shall terminate 90 days

after the date on which it submits the report required by subsection

(g).

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.

Deadline.

Consultation.

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135 STAT. 1949 PUBLIC LAW 117–81—DEC. 27, 2021

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.

SEC. 1101. AMENDMENT TO DIVERSITY AND INCLUSION REPORTING.

Section 113 of title 10, United States Code, as amended by

section 551 of the William M. (Mac) Thornberry National Defense

Authorization Act for Fiscal Year 2021 (Public Law 116–283), is

amended—

(1) in subsection (c)(2), by inserting ‘‘of members and

civilian employees’’ after ‘‘inclusion’’;

(2) in subsection (l)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking ‘‘; and’’ and

inserting a semicolon;

(ii) by redesignating subparagraph (B) as subpara-

graph (C); and

(iii) by inserting after subparagraph (A) the fol-

lowing new subparagraph (B):

‘‘(B) efforts to reflect, across the civilian workforce of the

Department and of each armed force, the diversity of the popu-

lation of the United States; and’’; and

(B) in paragraph (2)(B), by inserting ‘‘and civilian

employees of the Department’’ after ‘‘members of the armed

forces’’; and

(3) in subsection (m)—

(A) by redesignating paragraph (7) as paragraph (8);

and

(B) by inserting after paragraph (6) the following new

paragraph (7):

‘‘(7) The number of civilian employees of the Department,

disaggregated by military department, gender, race, and eth-

nicity—

‘‘(A) in each grade of the General Schedule;

‘‘(B) in each grade of the Senior Executive Service;

‘‘(C) paid at levels above grade GS-15 of the General

Schedule but who are not members of the Senior Executive

Service;

‘‘(D) paid under the Federal Wage System, and

‘‘(E) paid under alternative pay systems.’’.

SEC. 1102. CIVILIAN PERSONNEL MANAGEMENT.

Section 129(a) of title 10, United States Code, is amended—

(1) in the first sentence, by striking ‘‘primarily’’ and

inserting ‘‘solely’’; and

(2) in the second sentence, by striking ‘‘solely’’.

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135 STAT. 1950 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1103. MODIFICATION OF TEMPORARY AUTHORITY TO APPOINT

RETIRED MEMBERS OF THE ARMED FORCES TO POSI-

TIONS IN THE DEPARTMENT OF DEFENSE.

Section 1108(b)(1)(A) of the William M. (Mac) Thornberry

National Defense Authorization Act for Fiscal Year 2021 (Public

Law 116-283) is amended to read as follows:

‘‘(A)(i) at any defense industrial base facility (as that

term is defined in section 2208(u)(3) of title 10, United

States Code) that is part of the core logistics capabilities

(as described in section 2464(a) of such title); or

‘‘(ii) at any Major Range and Test Facility Base (as

that term is defined in section 196(i) of such title); and’’.

SEC. 1104. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT

THE DEFENSE INSTITUTE OF INTERNATIONAL LEGAL

STUDIES.

Section 1595(c) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(8) The Defense Institute of International Legal Studies.’’.

SEC. 1105. CONSIDERATION OF EMPLOYEE PERFORMANCE IN REDUC-

TIONS IN FORCE FOR CIVILIAN POSITIONS IN THE

DEPARTMENT OF DEFENSE.

Section 1597(e) title 10, United States Code, is amended—

(1) by striking the subsection heading and inserting

‘‘C

ONSIDERATION OF

MPLOYEE

ERFORMANCE IN

EDUCTIONS

’’;

and

(2) by striking ‘‘be made primarily on the basis of’’ and

inserting ‘‘, among other factors as determined by the Secretary,

account for employee’’.

SEC. 1106. REPEAL OF 2-YEAR PROBATIONARY PERIOD.

(a) R

EPEAL

.—

(1) I

N GENERAL

.—Effective December 31, 2022, section

1599e of title 10, United States Code, is repealed.

(2) A

PPLICATION

.—The modification of probationary periods

for covered employees (as that term is defined in such section

1599e as in effect on the date immediately preceding the date

of enactment of this Act) by operation of the amendment made

by paragraph (1) shall only apply to an individual appointed

as such an employee on or after the effective date specified

in paragraph (1).

(b) T

ECHNICAL AND

ONFORMING

MENDMENTS

.—

(1) T

ITLE 10

.—The table of sections for chapter 81 of title

10, United States Code, is amended by striking the item

relating to section 1599e.

(2) T

ITLE 5

.—Title 5, United States Code, is amended—

(A) in section 3321(c), by striking ‘‘, or any individual

covered by section 1599e of title 10’’;

(B) in section 3393(d), by striking the second sentence;

in section 1599e of title 10,’’;

(D) in section 7511(a)(1)(A)(ii), by striking ‘‘except as

provided in section 1599e of title 10,’’; and

(E) in section 7541(1)(A), by striking ‘‘or section 1599e

of title 10’’.

10 USC 1580

prec.

10 USC 1599e

note.

10 USC 1599e

note.

10 USC 1580

note prec.

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135 STAT. 1951 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1107. MODIFICATION OF DARPA PERSONNEL MANAGEMENT

AUTHORITY TO ATTRACT SCIENCE AND ENGINEERING

EXPERTS.

Section 1599h(b) of title 10, United States Code, is amended—

(1) in paragraph (2)—

(A) by striking subparagraph (A) and inserting the

following:

‘‘(A) in the case of employees appointed pursuant to

paragraph (1)(B)—

‘‘(i) to any of 5 positions designated by the Director

of the Defense Advanced Research Projects Agency for

purposes of this clause, at rates not in excess of a

rate equal to 150 percent of the maximum rate of

basic pay authorized for positions at Level I of the

Executive Schedule under section 5312 of title 5; and

‘‘(ii) to any other position designated by the

Director for purposes of this clause, at rates not in

excess of the maximum amount of total annual com-

pensation payable at the salary set in accordance with

section 104 of title 3;’’; and

(B) in subparagraph (B), by striking ‘‘and’’ at the end;

(2) in paragraph (3), by striking the period and inserting

‘‘; and’’; and

(3) by adding at the end the following:

‘‘(4) during any fiscal year, pay up to 15 individuals newly

appointed pursuant to paragraph (1)(B) the travel, transpor-

tation, and relocation expenses and services described under

sections 5724, 5724a, and 5724c of title 5.’’.

SEC. 1108. EXPANSION OF RATE OF OVERTIME PAY AUTHORITY FOR

DEPARTMENT OF THE NAVY EMPLOYEES PERFORMING

WORK OVERSEAS ON NAVAL VESSELS.

Section 5542(a)(6)(A) of title 5, United States Code, is

amended—

(1) by inserting ‘‘outside the United States’’ after ‘‘tem-

porary duty’’;

(2) by striking ‘‘the nuclear aircraft carrier that is forward

deployed in Japan’’ and inserting ‘‘naval vessels’’;

(3) by inserting ‘‘of 1938’’ after ‘‘Fair Labor Standards Act’’;

and

(4) by striking ‘‘the overtime’’ and all that follows through

the period at the end and inserting ‘‘the employee shall be

coded and paid overtime as if the employee’s exemption status

under that Act is the same as it is at the employee’s permanent

duty station.’’.

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.

(a) I

ENERAL

.—Section 5519 of title 5, United States Code,

is amended by striking ‘‘or (c)’’.

(b) A

PPLICATION

.—The amendment made by subsection (a) shall

apply to any amounts credited, by operation of such section 5519,

against the pay of an employee or individual described under section

6323(c) of such title on or after the date of enactment of this

Act.

5 USC 5519 note.

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135 STAT. 1952 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1110. TREATMENT OF HOURS WORKED UNDER A QUALIFIED

TRADE-OF-TIME ARRANGEMENT.

Section 5542 of title 5, United States Code, is amended by

adding at the end the following:

‘‘(h)(1)(A) Notwithstanding any other provision of this section

or section 5545b, any hours worked by a firefighter under a qualified

trade-of-time arrangement shall be disregarded for purposes of any

determination relating to eligibility for, or the amount of, any

overtime pay under this section, including overtime pay under

the Fair Labor Standards Act in accordance with subsection (c).

‘‘(B) The Director of the Office of Personnel Management—

‘‘(i) shall identify the situations in which a firefighter shall

be deemed to have worked hours actually worked by a sub-

stituting firefighter under a qualified trade-of-time arrange-

ment; and

‘‘(ii) may adopt necessary policies governing the treatment

of both a substituting and substituted firefighter under a quali-

fied trade-of-time arrangement, without regard to how those

firefighters would otherwise be treated under other provisions

of law or regulation.

‘‘(2) In this subsection—

‘‘(A) the term ‘firefighter’ means an employee—

‘‘(i) the work schedule of whom includes 24-hour duty

shifts; and

‘‘(ii) who—

‘‘(I) is a firefighter, as defined in section 8331(21)

or 8401(14);

‘‘(II) in the case of an employee who holds a super-

visory or administrative position and is subject to sub-

chapter III of chapter 83, but who does not qualify

to be considered a firefighter within the meaning of

section 8331(21), would so qualify if such employee

had transferred directly to such position after serving

as a firefighter within the meaning of such section;

‘‘(III) in the case of an employee who holds a

supervisory or administrative position and is subject

to chapter 84, but who does not qualify to be considered

a firefighter within the meaning of section 8401(14),

would so qualify if such employee had transferred

directly to such position after performing duties

described in section 8401(14)(A) and (B) for at least

3 years; and

‘‘(IV) in the case of an employee who is not subject

to subchapter III of chapter 83 or chapter 84, holds

a position that the Office of Personnel Management

determines would satisfy subclause (I), (II), or (III)

if the employee were subject to subchapter III of

chapter 83 or chapter 84; and

‘‘(B) the term ‘qualified trade-of-time arrangement’ means

an arrangement under which 2 firefighters who are subject

to the supervision of the same fire chief agree, solely at their

option and with the approval of the employing agency, to sub-

stitute for one another during scheduled work hours in the

performance of work in the same capacity.’’.

Time period.

Definitions.

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135 STAT. 1953 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1111. PARENTAL BEREAVEMENT LEAVE.

(a) I

ENERAL

.—Subchapter II of chapter 63 of title 5, United

States Code, is amended by adding at the end the following:

‘‘§ 6329d. Parental bereavement leave

‘‘(a) D

EFINITIONS

.—In this section—

‘‘(1) the terms ‘employee’ and ‘son or daughter’ have the

meanings given those terms in section 6381; and

‘‘(2) the term ‘paid leave’ means, with respect to an

employee, leave without loss of or reduction in—

‘‘(A) pay;

‘‘(B) leave to which the employee is otherwise entitled

under law; or

‘‘(C) credit for time or service.

‘‘(b) B

EREAVEMENT

EAVE

.—

‘‘(1) I

N GENERAL

.—Subject to paragraphs (2) and (3), an

employee shall be entitled to a total of 2 administrative work-

weeks of paid leave during any 12-month period because of

the death of a son or daughter of the employee.

‘‘(2) L

IMITATION

.—Leave under paragraph (1) may not be

taken by an employee intermittently or on a reduced leave

schedule unless the employee and the employing agency of

the employee agree otherwise.

‘‘(3) N

OTICE

.—In any case in which the necessity for leave

under this subsection is foreseeable, the employee shall provide

the employing agency with such notice as is reasonable and

practicable.’’.

(b) T

ECHNICAL AND

ONFORMING

MENDMENT

.—The table of

sections for subchapter II of chapter 63 of title 5, United States

Code, is amended by adding at the end the following:

‘‘6329d. Parental bereavement leave.’’.

SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL

LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITA-

TION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES

WORKING OVERSEAS.

Subsection (a) of section 1101 of the Duncan Hunter National

Defense Authorization Act for Fiscal Year 2009 (Public Law 110–

417; 122 Stat. 4615), as most recently amended by section 1105

of the William M. (Mac) Thornberry National Defense Authorization

Act for Fiscal Year 2021 (Public Law 116–283), is further amended

by striking ‘‘through 2021’’ and inserting ‘‘through 2022’’.

SEC. 1113. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL

FLEXIBILITIES FOR DOMESTIC DEFENSE INDUSTRIAL

BASE FACILITIES AND MAJOR RANGE AND TEST FACILI-

TIES BASE CIVILIAN PERSONNEL.

Section 1132 of the National Defense Authorization Act for

Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended—

(1) in subsection (a), by striking ‘‘through 2021’’ and

inserting ‘‘through 2026’’;

(2) by redesignating subsection (f) as subsection (h); and

(3) by inserting after subsection (e) the following:

‘‘(f) D

ATA

OLLECTION

EQUIREMENT

.—The Secretary of

Defense shall develop and implement a plan to collect and analyze

data on the pilot program for the purposes of—

‘‘(1) developing and sharing best practices; and

Plan.

134 Stat. 3890.

5 USC 6301 prec.

5 USC 6329d.

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135 STAT. 1954 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(2) providing information to the leadership of the Depart-

ment and Congress on the implementation of the pilot program

and related policy issues.

‘‘(g) B

RIEFING

.—Not later than 90 days after the end of each

of fiscal years 2022 through 2026, the Secretary of Defense shall

provide a briefing to the Committee on Armed Services of the

House of Representatives, the Committee on Armed Services of

the Senate, the Committee on Oversight and Government Reform

of the House of Representatives, and the Committee on Homeland

Security and Governmental Affairs of the Senate including—

‘‘(1) a description of the effect of this section on the manage-

ment of civilian personnel at domestic defense industrial base

facilities and Major Range and Test Facilities Base during

the most recently ended fiscal year; and

‘‘(2) the number of employees—

‘‘(A) hired under such section during such fiscal year;

and

‘‘(B) expected to be hired under such section during

the fiscal year in which the briefing is provided.’’.

SEC. 1114. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO

GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO

CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT

ZONE.

Paragraph (2) of section 1603(a) of the Emergency Supple-

mental Appropriations Act for Defense, the Global War on Terror,

and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443),

as added by section 1102 of the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122

Stat. 4616) and as most recently amended by section 1106 of the

William M. (Mac) Thornberry National Defense Authorization Act

for Fiscal Year 2021 (Public Law 116–283), is further amended

by striking ‘‘2022’’ and inserting ‘‘2023’’.

SEC. 1115. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM

SUSPENSION.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, the Inspector General of the Department

of Defense shall conduct an assessment of the impacts resulting

from the Navy’s suspension in 2016 of the Accelerated Promotion

Program (in this section referred to as the ‘‘APP’’). The Inspector

General may consult with the Secretary of the Navy in carrying

out such assessment, but the Navy may not play any other role

in such assessment.

(b) E

LEMENTS

.—The assessment required under subsection (a)

shall include the following elements:

(1) An identification of the employees who were hired at

the four public shipyards between January 23, 2016, and

December 22, 2016, covering the period in which APP was

suspended, and who would have otherwise been eligible for

APP had the program been in effect at the time they were

hired.

(2) An assessment for each employee identified in para-

graph (1) to determine the difference between wages earned

from the date of hire to the date on which the wage data

would be collected and the wages which would have been earned

during this same period should that employee have participated

in APP from the date of hire and been promoted according

Time period.

Determinations.

Deadline.

134 Stat. 3890.

Deadline.

Time period.

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135 STAT. 1955 PUBLIC LAW 117–81—DEC. 27, 2021

to the average promotion timeframe for participants hired in

the five-year period prior to the suspension.

(3) An assessment for each employee identified in para-

graph (1) to determine at what grade and step each effected

employee would be at on October 1, 2020, had that employee

been promoted according to the average promotion timeframe

for participants hired in the five-year period prior to the suspen-

sion.

(4) An evaluation of existing authorities available to the

Secretary to determine whether the Secretary can take meas-

ures using those authorities to provide the pay difference and

corresponding interest, at a rate of the federal short–term

interest rate plus 3 percent, to each effected employee identified

in paragraph (2) and directly promote the employee to the

grade and step identified in paragraph (3).

EPORT

.—The Inspector General of the Department of

Defense shall submit, to the congressional defense committees, the

Committee on Oversight and Reform of the House of Representa-

tives, and the Committee on Homeland Security and Governmental

Affairs of the Senate, a report on the results of the evaluation

by not later than 270 days after the date of enactment of this

Act, and shall provide interim briefings upon request.

SEC. 1116. INCREASE IN ALLOWANCE BASED ON DUTY AT REMOTE

WORKSITES.

(a) A

SSESSMENT AND

ATE

.—Not later than March 31, 2022,

the Director of the Office of Personnel Management shall complete

an assessment of the remote site pay allowance under section

5942 of title 5, United States Code, and propose a new rate of

such allowance, adjusted for inflation, and submit such assessment

and rate to the President and to Congress.

(b) A

PPLICATION

.—Beginning on the first day of the first pay

period beginning after the date the Director submits the assessment

and rate under subsection (a), such rate shall, notwithstanding

subsection (a) of such section 5942, be the rate of such allowance.

SEC. 1117. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL

INTEREST REQUIREMENTS FOR DEPARTMENT OF

DEFENSE OFFICERS AND EMPLOYEES.

(a) I

ENERAL

.—Except as provided in subsection (b), in addi-

tion to the prohibition set forth in section 208 of title 18, United

States Code, an officer or employee of the Department of Defense

may not knowingly participate personally and substantially in any

particular matter involving specific parties where any of the fol-

lowing organizations is a party or represents a party to the matter:

(1) Any organization, including a trade organization, for

which the officer or employee has served as an employee, officer,

director, trustee, or general partner in the past 2 years.

(2) Any organization with which the officer or employee

is seeking employment.

(b) A

UTHORIZATION

.—An agency designee may authorize the

officer or employee to participate in a matter described in paragraph

(a) based on a determination, made in light of all relevant cir-

cumstances, that the interest of the Government in the officer

or employee’s participation outweighs the concern that a reasonable

person may question the integrity of the agency’s programs and

operations.

Determination.

10 USC 971 note

prec.

Effective date.

Deadline.

5 USC 5942 note.

Briefings.

Evaluation.

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135 STAT. 1956 PUBLIC LAW 117–81—DEC. 27, 2021

ONSTRUCTION

.—Nothing in this section shall be construed

to terminate, alter, or make inapplicable any other prohibition

or limitation in law or regulation on the participation of officers

or employees of the Department of Defense in particular matters

having an effect on their or related financial or other personal

interests.

SEC. 1118. OCCUPATIONAL SERIES FOR DIGITAL CAREER FIELDS.

Not later than 270 days after the date of the enactment of

this Act, the Director of the Office of Personnel Management shall,

pursuant to chapter 51 of title 5, United States Code, establish

or update one or more occupational series covering Federal Govern-

ment positions in the fields of software development, software

engineering, data science, and data management.

TITLE XII—MATTERS RELATING TO

FOREIGN NATIONS

Subtitle A—Assistance and Training

Sec. 1201. Administrative support and payment of certain expenses for covered for-

eign 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 secu-

rity forces.

Sec. 1205. Temporary authority to pay for travel and subsistence expenses of for-

eign 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 co-

alition nations for support provided to United States military oper-

ations.

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 Emir-

ate of Afghanistan.

Sec. 1215. Prohibition on removal of publicly available accountings of military as-

sistance provided to the Afghan security forces.

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 Af-

ghanistan.

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 activi-

ties 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.

Deadline.

5 USC 5101 note.

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135 STAT. 1957 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 1232. Extension of Ukraine Security Assistance Initiative.

Sec. 1233. Extension of authority for training for Eastern European national secu-

rity 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 mili-

tary 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 in-

volving 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 sup-

port.

Sec. 1249. Feasibility briefing on cooperation between the National Guard and Tai-

wan.

Sec. 1250. Feasibility report on establishing military-to-military crisis communica-

tions capabilities.

Sec. 1251. Comparative analyses and reports on efforts by the United States and

the People’s Republic of China to advance critical modernization tech-

nology with respect to military applications.

Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pa-

cific region.

Subtitle A—Assistance and Training

SEC. 1201. ADMINISTRATIVE SUPPORT AND PAYMENT OF CERTAIN

EXPENSES FOR COVERED FOREIGN DEFENSE PER-

SONNEL.

(a) I

ENERAL

.—Subchapter IV of chapter 16 of title 10,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 334. Administrative support and payment of certain

expenses for covered foreign defense personnel

‘‘(a) I

ENERAL

.—The Secretary of Defense may—

‘‘(1) provide administrative services and support to the

United Nations Command for the performance of duties by

covered foreign defense personnel during the period in which

the covered foreign defense personnel are assigned to the

United Nations Command or the Neutral Nations Supervisory

Commission in accordance with the Korean War Armistice

Agreement of 1953; and

‘‘(2) pay the expenses specified in subsection (b) for covered

foreign defense personnel who are—

‘‘(A) from a developing country; and

‘‘(B) assigned to the headquarters of the United Nations

Command.

‘‘(b) T

YPES OF

XPENSES

.—The types of expenses that may

be paid under the authority of subsection (a)(2) are the following:

‘‘(1) Travel and subsistence expenses directly related to

the duties of covered foreign defense personnel described in

subsection (a)(2) in connection with the assignment of such

covered foreign defense personnel.

‘‘(2) Personal expenses directly related to carrying out such

duties.

10 USC 334.

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135 STAT. 1958 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(3) Expenses for medical care at a military medical facility.

‘‘(4) Expenses for medical care at a civilian medical facility,

if—

‘‘(A) adequate medical care is not available to such

covered foreign defense personnel at a local military med-

ical treatment facility;

‘‘(B) the Secretary determines that payment of such

medical expenses is necessary and in the best interests

of the United States; and

‘‘(C) medical care is not otherwise available to such

covered foreign defense personnel pursuant to a treaty

or any other international agreement.

‘‘(5) Mission-related travel expenses, if—

‘‘(A) such travel is in direct support of the national

interests of the United States; and

‘‘(B) the Commander of the United Nations Command

directs round-trip travel from the headquarters of the

United Nations Command to one or more locations.

‘‘(c) R

EIMBURSEMENT

.—The Secretary may provide the adminis-

trative services and support and pay the expenses authorized by

subsection (a) with or without reimbursement.

‘‘(d) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘administrative services and support’ means

base or installation support services, facilities use, base oper-

ations support, office space, office supplies, utilities, copying

services, computer support, communication services, fire and

police protection, postal services, bank services, transportation

services, housing and temporary billeting (including ancillary

services), specialized clothing required to perform assigned

duties, temporary loan of special equipment, storage services,

training services, and repair and maintenance services.

‘‘(2) The term ‘covered foreign defense personnel’ means

members of the military of a foreign country who are assigned

to—

‘‘(A) the United Nations Command; or

‘‘(B) the Neutral Nations Supervisory Commission.

‘‘(3) The term ‘developing country’ has the meaning given

the term in section 301(4) of this title.

‘‘(4) The term ‘Neutral Nations Supervisory Commission’

means the delegations from Sweden and Switzerland (or suc-

cessor delegations) appointed in accordance with the Korean

War Armistice Agreement of 1953 or its subsequent agree-

ments.

‘‘(5) The term ‘United Nations Command’ means the head-

quarters of the United Nations Command, the United Nations

Command Military Armistice Commission, the United Nations

Command-Rear, and the United Nations Command Honor

Guard.’’.

(b) C

ONFORMING

MENDMENT

.—The table of sections at the

beginning of subchapter IV of chapter 16 of title 10, United States

Code, is amended by adding at the end the following new item:

‘‘334. Administrative support and payment of certain expenses for covered foreign

defense personnel.’’.

SEC. 1202. AUTHORITY FOR CERTAIN REIMBURSABLE INTERCHANGE

OF SUPPLIES AND SERVICES.

Section 2571 of title 10, United States Code, is amended—

10 USC 331 prec.

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135 STAT. 1959 PUBLIC LAW 117–81—DEC. 27, 2021

(1) by amending subsection (b) to read as follows:

‘‘(b)(1) If its head approves, a department or organization within

the Department of Defense may, upon request, perform work and

services for, or furnish supplies to, any other of those departments

or organizations, with or without reimbursement or transfer of

funds.

‘‘(2) Use of the authority under this section for reimbursable

support is limited to support for the purpose of providing assistance

to a foreign partner pursuant to section 333 and section 345 of

this title.’’; and

(2) by adding at the end the following new subsection:

‘‘(e)(1) An order placed by a department or organization on

a reimbursable basis pursuant to subsection (b) shall be considered

to be an obligation in the same manner as an order placed under

section 6307 of title 41.

‘‘(2) Amounts received as reimbursement shall be credited in

accordance with section 2205 of this title to the appropriation

of the supporting department or organization used in incurring

the obligation in the year or years that support is provided.’’.

SEC. 1203. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR

IRREGULAR WARFARE.

Section 1202(a) of the National Defense Authorization Act for

Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639) is amended

by striking ‘‘2023’’ and inserting ‘‘2025’’.

SEC. 1204. MODIFICATION AND EXTENSION OF BIENNIAL COMP-

TROLLER GENERAL OF THE UNITED STATES AUDITS OF

PROGRAMS TO BUILD THE CAPACITY OF FOREIGN SECU-

RITY FORCES.

Section 1205(f) of the Carl Levin and Howard P. ‘‘Buck’’ McKeon

National Defense Authorization Act for Fiscal Year 2015 (Public

Law 113–291) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘and 2020’’ and inserting ‘‘, 2020, and

2022’’; and

(B) by striking ‘‘section 2282 of title 10, United States

Code (as so added)’’ and inserting ‘‘subsections (a)(1) and

(e)(7)(B) of section 333 of title 10, United States Code’’;

and

(2) in paragraph (2)—

(A) by redesignating subparagraph (E) as subpara-

graph (H); and

(B) by inserting after subparagraph (D) the following:

‘‘(E) An evaluation of coordination by the Department

of Defense with foreign countries under the program or

programs, as applicable.

‘‘(F) A description and evaluation of the methodology

used by the Department of Defense to evaluate the

effectiveness of training under the program or programs.

‘‘(G) An analysis of the methodology used by the

Department of Defense to evaluate the effectiveness of

the program or programs to develop the institutional

capacity of the foreign countries.’’.

128 Stat. 3537.

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135 STAT. 1960 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1205. TEMPORARY AUTHORITY TO PAY FOR TRAVEL AND SUBSIST-

ENCE EXPENSES OF FOREIGN NATIONAL SECURITY

FORCES PARTICIPATING IN THE TRAINING PROGRAM OF

THE UNITED STATES-COLOMBIA ACTION PLAN FOR

REGIONAL SECURITY.

(a) A

UTHORITY

.—For fiscal year 2022, the Secretary of Defense

is authorized to pay for the travel, subsistence, and similar per-

sonnel expenses of the national security forces of a friendly foreign

country to participate in the training program of the United States-

Colombia Action Plan for Regional Security conducted at a facility

in Colombia.

(b) N

OTIFICATION

.—Not later than 15 days before the exercise

of the authority under subsection (a), the Secretary shall provide

to the congressional defense committees a written notification that

includes the following:

(1) An identification of the foreign country, and the specific

unit of the national security forces of such country, the capacity

of which will be built by participating in such training program.

(2) The amount of support to be provided under that sub-

section.

(3) An identification of the United States equipment pur-

chased or acquired by such foreign country, for the use of

which training is being provided under such training program.

(4) A description of the specific capabilities to be built

through such training program with such support.

(5) A detailed description of the manner in which building

the capabilities of such country through such training program

advances the national security interests of the United States.

(6) A detailed assessment of the effectiveness of such

training program in meeting Department of Defense require-

ments for building the capacity of such country.

OURCE OF

UNDS

.—Of the amounts authorized to be appro-

priated for fiscal year 2022 for the Department of Defense for

operation and maintenance, Defense-wide, the Secretary may obli-

gate or expend not more than $2,000,000 to pay for expenses

described in subsection (a) for such fiscal year.

(d) L

IMITATION

.—The provision of support under subsection

(a) shall be subject to section 362 of title 10, United States Code.

SEC. 1206. SECURITY COOPERATION STRATEGY FOR CERTAIN COMBAT-

ANT COMMANDS.

(a) I

ENERAL

.—The Secretary of Defense, in coordination

with the Secretary of State, shall develop and implement a security

cooperation strategy for each covered combatant command, which

shall apply to the security cooperation programs and activities

of the Department of Defense (as defined in section 301 of title

10, United States Code).

(b) E

LEMENTS

.—The strategy for each covered combatant com-

mand required by subsection (a) shall include the following:

(1) A discussion of how the strategy will—

(A) support and advance United States national secu-

rity interests in strategic competition with near-peer rivals;

(B) prioritize and build key capabilities of allied and

partner security forces so as to enhance bilateral and multi-

lateral interoperability and responsiveness;

partner security forces to secure their own territory,

Coordination.

10 USC 301 note.

Assessment.

Deadline.

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135 STAT. 1961 PUBLIC LAW 117–81—DEC. 27, 2021

including through operations against violent extremist

groups;

(D) promote and build institutional capabilities for

observance of, and respect for—

(i) the law of armed conflict;

(ii) human rights and fundamental freedoms;

(iii) the rule of law; and

(iv) civilian control of the military; and

(E) support the programs and activities of law enforce-

ment and civilian agencies, as appropriate, to counter the

threat of and reduce risks from illicit drug trafficking and

other forms of transnational organized crime.

(2) A statement of the security cooperation strategic objec-

tives for—

(A) the covered combatant command; and

(B) the covered combatant command in conjunction

with other covered combatant commands.

(3) A description of the primary security cooperation lines

of effort for achieving such strategic objectives, including

prioritization of foreign partners within the covered combatant

command.

(4) A description of the Department of Defense authorities

to be used for each such line of effort and the manner in

which such authorities will contribute to achieving such stra-

tegic objectives.

(5) A description of the institutional capacity-building pro-

grams and activities within the covered combatant command

and an assessment of the manner in which such programs

and activities contribute to achieving such strategic objectives.

(6) A description of Department of Defense educational

programs and institutions, and international institutions, rel-

evant to the combatant command and an assessment of the

manner in which such programs and institutions contribute

to achieving such strategic objectives.

(7) A discussion of the manner in which the development,

planning, and implementation of programs or activities under

Department of Defense security cooperation authorities are

coordinated and deconflicted with security assistance and other

assistance authorities of the Department of State and other

civilian agencies.

EPORTS

.—

(1) I

NITIAL REPORT

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the appropriate committees of Congress a report

on the security cooperation strategy for each covered combatant

command developed under subsection (a).

(2) S

UBSEQUENT REPORTS

.—Beginning in fiscal year 2023,

and annually thereafter through fiscal year 2027, concurrently

with the submittal of the report required by section 386(a)

of title 10, United States Code, the Secretary of Defense shall

submit to the appropriate committees of Congress a report

on the implementation of the security cooperation strategy for

each covered combatant command developed under subsection

(a).

(d) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

Time period.

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135 STAT. 1962 PUBLIC LAW 117–81—DEC. 27, 2021

(A) the Committee on Armed Services, the Committee

on Foreign Relations, and the Committee on Appropriations

of the Senate; and

(B) the Committee on Armed Services, the Committee

on Foreign Affairs, and the Committee on Appropriations

of the House of Representatives.

(2) C

OVERED COMBATANT COMMAND

.—The term ‘‘covered

combatant command’’ means—

(A) the United States European Command;

(B) the United States Indo-Pacific Command;

(D) the United States Africa Command;

(E) the United States Southern Command; and

(F) the United States Northern Command.

SEC. 1207. REPORT ON SECURITY COOPERATION PROGRAMS.

(a) I

ENERAL

.—Not later than 1 year after the date of the

enactment of this Act, the Comptroller General of the United States

shall submit to the congressional defense committees a report that—

(1) reviews the existing requirements for conducting human

rights training of foreign national security forces pursuant to

security cooperation authorities under chapter 16 of title 10,

United States Code;

(2) reviews current Department of Defense practices and

procedures for collecting data under such authorities for pur-

poses of assessing, monitoring, and evaluating the effectiveness

of such human rights training programs and assessing compli-

ance with section 362 of title 10, United States Code; and

(3) evaluates the effectiveness of human rights training

described in paragraph (1) to contribute to United States

national security objectives.

(b) M

ATTERS TO

NCLUDED

.—The report required by sub-

section (a) may include recommendations for measures to improve

the effectiveness of human rights training or to promote observation

of and respect for human rights and fundamental freedoms, the

rule of law, and civilian control of the military.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may include a classified annex.

Subtitle B—Matters Relating to

Afghanistan and Pakistan

SEC. 1211. SENSE OF CONGRESS ON THE SERVICE OF UNITED STATES

ARMED FORCES SERVICEMEMBERS IN AFGHANISTAN.

It is the sense of Congress that—

(1) the servicemembers of the United States Armed Forces

who served in Afghanistan represent the very best of the United

States;

(2) the service of those who returned home from war with

wounds seen and unseen and those who died in defense of

the Nation are not forgotten;

(3) the United States honors these brave members of the

Armed Forces and their families; and

(4) the United States shall never forget the services they

rendered and the sacrifices they and their families made in

the defense of a grateful Nation.

Evaluation.

Reviews.

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135 STAT. 1963 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY FOR

REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR

SUPPORT PROVIDED TO UNITED STATES MILITARY OPER-

ATIONS.

Section 1233 of the National Defense Authorization Act for

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended—

(1) in subsection (a), by striking ‘‘for the period beginning

on October 1, 2020, and ending on December 31, 2021’’ and

inserting ‘‘for the period beginning on October 1, 2021, and

ending on December 31, 2022’’; and

(2) in subsection (d)—

(A) by striking ‘‘during the period beginning on October

1, 2020, and ending on December 31, 2021’’ and inserting

‘‘during the period beginning on October 1, 2021, and

ending on December 31, 2022’’; and

(B) by striking ‘‘$180,000,000’’ and inserting

‘‘$60,000,000’’.

SEC. 1213. PROHIBITION ON TRANSFER OF DEPARTMENT OF DEFENSE

FUNDS OR RESOURCES TO THE TALIBAN.

(a) P

ROHIBITION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available to the Department

of Defense may be made available—

(1) to provide any funds or resources to the Taliban; or

(2) to conduct any military cooperation or sharing of mili-

tary intelligence with the Taliban, unless the Secretary of

Defense determines that such cooperation or sharing advances

the national security interests of the United States.

(b) N

OTIFICATION

.—–—

(1) S

UBMISSION REQUIRED

.—If the Secretary makes an

affirmative determination described in subsection (1)(a), the

Secretary shall submit to the Committees on Armed Services

of the Senate and the House of Representatives a written

description of the military cooperation or military intelligence

that was shared with the Taliban pursuant to such determina-

tion, not later than 5 days after the date of such cooperation

or sharing. The Secretary shall include with such description

any other matter the Secretary determines relevant.

(2) F

ORM

.—The information described in paragraph (1)

shall be submitted in an unclassified format and may include

a classified annex.

SEC. 1214. PROHIBITION ON TRANSPORTING CURRENCY TO THE

TALIBAN OR THE ISLAMIC EMIRATE OF AFGHANISTAN.

None of the amounts authorized to be appropriated by this

Act or otherwise made available to the Department of Defense

may be made available for the operation of any aircraft of the

Department of Defense to transport currency or other items of

value to the Taliban, the Islamic Emirate of Afghanistan, or any

subsidiary, agent, or instrumentality of either 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.

None of the funds authorized to be appropriated by this Act

or otherwise made available for the Department of Defense for

fiscal year 2022 may be used to remove from the website of the

10 USC 2241

note.

Determination.

Deadline.

10 USC 2241

note.

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135 STAT. 1964 PUBLIC LAW 117–81—DEC. 27, 2021

Department of Defense or any other agency publicly available

accountings of military assistance provided to the Afghan security

forces that was publicly available online as of July 1, 2021.

SEC. 1216. JOINT REPORT ON USING THE SYNCHRONIZED

PREDEPLOYMENT AND OPERATIONAL TRACKER (SPOT)

DATABASE TO VERIFY AFGHAN SIV APPLICANT INFORMA-

TION.

(a) I

ENERAL

.—Not later than 120 days after the date of

the enactment of this Act, the Secretary of Defense and the Sec-

retary of State shall submit to appropriate congressional committees

a joint report on the use of the Department of Defense Synchronized

Predeployment and Operational Tracker database (in this section

referred to as the ‘‘SPOT database’’) to verify the existence, for

the purpose of determining eligibility for special immigrant visa

(SIV) program, of—

(1) Department of Defense contracts;

(2) employment of Afghans who worked for the United

States Government; and

(3) biographic data.

(b) E

LEMENTS OF

OINT

EPORT

.—The joint report required

under subsection (a) shall—

(1) evaluate the improvements in the SIV process following

the use of the SPOT database to verify SIV applications,

including the extent to which use of SPOT expedited SIV proc-

essing, reduced the risk of fraudulent documents, and the extent

to which the SPOT database could be used for future SIV

programs;

(2) identify obstacles that persisted in documenting the

identity and employment of locally employed staff and contrac-

tors after the use of the SPOT database in the SIV process;

and

(3) recommend the changes to the SPOT database that

would be necessary to make it a centralized interagency data-

base of personnel and employment data that can be used to

adjudicate SIV eligibility for those employed under United

States Government contracts, grants, or cooperative agree-

ments.

ONSULTATION

.—For the purposes of preparing the joint

report required under this section, the Secretary of Defense and

the Secretary of State shall consult with the Administrator of

the United States Agency for International Development and the

Secretary of Homeland Security.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the Committee on Armed Services and the Committee on Foreign

Relations of the Senate and the Committee on Armed Services

and the Committee on Foreign Affairs of the House of Representa-

tives.

SEC. 1217. REPORT AND BRIEFING ON UNITED STATES EQUIPMENT,

PROPERTY, AND CLASSIFIED MATERIAL THAT WAS

DESTROYED OR ABANDONED IN THE WITHDRAWAL FROM

AFGHANISTAN.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, the Secretary of Defense, in consultation

with the Secretaries of the military departments and the Com-

mander of United States Central Command, shall submit to the

Consultation.

Recommenda-

tion.

Evaluation.

Determination.

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135 STAT. 1965 PUBLIC LAW 117–81—DEC. 27, 2021

congressional defense committees a report regarding the covered

United States equipment, property, and classified material and

money in cash that was destroyed or abandoned in Afghanistan

or removed from Afghanistan during the covered period. Such report

shall include each of the following:

(1) A determination of the value of the covered United

States equipment, property, and classified material that was

destroyed or abandoned, disaggregated by military department

and itemized to the most specific feasible level.

(2) An itemized list of destroyed or abandoned aircraft

in Afghanistan and the location and condition of aircraft flown

out of Afghanistan formerly possessed by the Afghan Air Force

or the former government of Afghanistan.

(3) An itemized list of destroyed or abandoned weapons,

weapon systems, components of weapons or weapon systems,

ammunition, explosives, missiles, ordnance, bombs, mines, or

projectiles, disaggregated by military department.

(4) For each item on a list referred to in paragraphs (2)

and (3), an explanation of the legal authority relied upon to

destroy or abandon that specific item.

(5) An evaluation of the capabilities of the Taliban post-

withdrawal as a result of their seizure of abandoned covered

United States equipment, property, and classified material,

including an evaluation of the capabilities of the Taliban post-

withdrawal to monetize through the transfer of abandoned

covered United States equipment, property, and classified mate-

rial to adversaries of the United States.

(6) An assessment of aircraft flown out of Afghanistan

formerly possessed by the Afghan Air Force or the former

government of Afghanistan that could be returned to the

Taliban or to the Islamic Emirate of Afghanistan by other

countries.

(7) An assessment of the damage to the national security

interests of the United States as a result of the destroyed

or abandoned covered United States equipment, property, and

classified material.

(8) An assessment of the feasibility of disabling, destroying,

recovering, or recapturing abandoned covered United States

equipment, property, and classified material in and outside

of Afghanistan and any plans to do so.

(9) Available imagery or photography depicting the Taliban

or other countries possessing abandoned covered United States

equipment, property, and classified material.

(b) E

XECUTIVE

UMMARY OF

EPORT

.—The report required

under subsection (a) shall include an executive summary of the

report, which shall be unclassified and made publicly available.

RIEFING

.—Not later than 120 days after the date of the

enactment of this Act, the Secretary of Defense, the Secretaries

of the military departments, and the Commander of United States

Central Command shall provide to the congressional defense

committees a briefing on the report required by this section.

(d) D

EFINITIONS

.—In this section:

(1) C

OVERED UNITED STATES EQUIPMENT

PROPERTY

AND

CLASSIFIED MATERIAL

.—The term ‘‘covered United States equip-

ment, property, and classified material’’ means any of the fol-

lowing items formerly owned by the Government of the United

Public

information.

Assessment.

Evaluation.

List.

Determination.

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135 STAT. 1966 PUBLIC LAW 117–81—DEC. 27, 2021

States or provided by the United States to the former govern-

ment or military of Afghanistan during the covered period:

(A) Real property, including any lands, buildings, struc-

tures, utilities systems, improvements, and appurtenances,

thereto, including equipment attached to and made part

of buildings and structures, but not movable equipment.

(B) Personal property, including property of any kind

or any interest therein, except real property.

needed to outfit or equip an individual or organization.

(D) Classified information, in any form, including offi-

cial information that has been determined to require, in

the interests of national security, protection against

unauthorized disclosure and which has been so designated.

(2) C

OVERED PERIOD

.—The term ‘‘covered period’’ means

the period beginning on February 29, 2020, and ending on

the date of the enactment of this Act.

Subtitle C—Matters Relating to Syria, Iraq,

and Iran

SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PRO-

VIDE ASSISTANCE TO VETTED SYRIAN GROUPS AND

INDIVIDUALS.

(a) E

XTENSION

.—Subsection (a) of section 1209 of the Carl

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-

tion Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3451)

is amended by striking ‘‘December 31, 2021’’ and inserting

‘‘December 31, 2022’’.

(b) N

OTICE

EFORE

ROVISION OF

SSISTANCE

.—Subsection

(b)(2) of such section is amended by striking subparagraph (A)

and inserting the following:

‘‘(A) not later than 15 days before the expenditure

of each 25 percent of the total amount authorized to be

appropriated in any fiscal year under this section; or’’.

AIVER

UTHORITY

.—Subsection (l) of such section is

amended by adding at the end the following:

‘‘(3) W

AIVER AUTHORITY

.—

‘‘(A) I

N GENERAL

.—The President may waive the limita-

tion under paragraph (1)(A) on a per project basis for

the purposes of providing support authorized under sub-

section (a)(4) if the President—

‘‘(i) determines that the waiver is in the national

security interest of the United States; and

‘‘(ii) submits to the appropriate congressional

committees a notification of the exercise of the waiver.

‘‘(B) N

OTICE AND WAIT

.—

‘‘(i) I

N GENERAL

.—A project with respect to which

the exercise of a waiver under subparagraph (A)

applies may only be carried out after the end of a

15-day period beginning at the date on which the

appropriate congressional committees receive the

notification required by subparagraph (A)(ii).

‘‘(ii) M

ATTERS TO BE INCLUDED

.—The notification

required by subparagraph (A)(ii) shall include the fol-

lowing:

Applicability.

Time period.

Notification.

Determination.

President.

Deadline.

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135 STAT. 1967 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(I) A detailed plan and cost estimate for the

project.

‘‘(II) A certification by the President that facili-

ties and activities relating to the project comply

with—

‘‘(aa) the law of armed conflict;

‘‘(bb) internationally recognized human

rights;

‘‘(cc) the principle of non-refoulement;

‘‘(dd) the Convention Against Torture and

Other Cruel, Inhuman or Degrading Treat-

ment or Punishment (done at New York on

December 10, 1984); and

‘‘(ee) the United Nations Convention

Relating to the Status of Refugees, done at

Geneva July 28, 1951 (as made applicable by

the Protocol Relating to the Status of Refu-

gees, done at New York January 31, 1967

(19 UST6223)).

‘‘(III) An explanation of the national security

interest addressed by the project.

‘‘(iii) A

PPROPRIATE CONGRESSIONAL COMMITTEES

DEFINED

.—In this subparagraph, the term ‘appropriate

congressional committees’ means—

‘‘(I) the congressional defense committees; and

‘‘(II) the Committee on Committee on Foreign

Relations of the Senate and the Committee on

Foreign Affairs of the House of Representatives.

‘‘(C) U

PDATE TO PLAN AND COST ESTIMATE

.—Upon

obligation of any funds to carry out a project with respect

to which the exercise of a waiver under subparagraph

(A) applies, the Secretary of Defense shall submit to the

congressional defense committees an update to the plan

and cost estimate for the project as required by subpara-

graph (B)(ii)(I).

‘‘(D) S

UNSET

.—The waiver authority under this para-

graph shall expire on December 31, 2022.’’.

(d) T

ECHNICAL

MENDMENT

.—The table of contents for the Carl

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-

tion Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3293)

is amended by striking the item relating to section 1209 and

inserting the following:

‘‘Sec. 1209. Authority to provide assistance to vetted Syrian groups and individ-

uals.’’.

SEC. 1222. DEFENSE AND DIPLOMATIC STRATEGY FOR SYRIA.

(a) R

EPORT

EQUIRED

.—Not later than 90 days after the date

of the enactment of this Act, the President, acting through the

Secretary of State and in coordination with the Secretary of Defense,

shall submit to the appropriate congressional committees a report

that contains a description of the United States defense and diplo-

matic strategy for Syria.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include the following elements:

(1) A United States diplomatic strategy for Syria, including

a description of the desired diplomatic objectives for advancing

United States national interests in Syria, desired end-goals,

President.

Applicability.

Certification.

President.

Compliance.

Plan.

Cost estimate.

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135 STAT. 1968 PUBLIC LAW 117–81—DEC. 27, 2021

and a description of the intended diplomatic and related foreign

policy means to achieve such objectives, including engagement

with key foreign actors operating in Syria such as Russia

and Turkey.

(2) A United States defense strategy for Syria, including

a description of the security objectives the United States aims

to achieve, including the objectives and desired end-state for

the United States military presence in northeast Syria, envi-

sioned transition timeline for security responsibilities to the

Syrian Democratic Forces (SDF), and status of remaining ISIS

elements, strategy to mitigate Turkish-SDF tensions, and a

long-term approach to managing the threat of Iranian-aligned

militias and forces operating in Syria to United States partners

and interests.

(3) A description of United States strategy and objectives

for United States military support to and coordination with

the Jaysh Maghawir al-Thawra (‘‘MaT’’) including transition

plan and operational needs in and around Al-Tanf.

(4) A plan for enduring security of ISIS detainees currently

held in SDF secured facilities (including so-called ‘‘third country

fighters’’ as well as Iraqi and Syrian national ISIS detainees)

accounting for security of personnel and facilities involved.

(5) A diplomatic strategy for securing the repatriation of

remaining ISIS ‘‘third country fighters’’ to countries of origin,

including a comprehensive breakdown of each country of origin

and number of detainees yet to be repatriated.

(6) A plan for the resettlement and disposition of ISIS

connected women and children in remaining detention facilities,

including roles and responsibilities of counter-ISIS coalition

partners.

(7) A detailed assessment of the security and humanitarian

situation at the internally displaced persons camp at Rukban,

including an overview of international efforts to reduce the

camp’s population and United States policy options to amelio-

rate the situation.

(8) A plan for diplomatic and humanitarian engagement

with regional partners and multilateral institutions to ensure

successful and safe delivery of continued humanitarian assist-

ance to non-regime held areas of Syria.

(9) An assessment of United States efforts to prevent

normalization and rehabilitation of the Assad regime, to include

addressing recent outreach to the Assad regime by United

States partners.

(10) An assessment of United States diplomatic efforts

to prevent Syria’s re-entry into the Arab League.

(11) An assessment of progress towards meeting the criteria

specified in paragraphs (1) through (7) of section 7431(a) of

the Caesar Syria Civilian Protection Act of 2019 (Public Law

116–92; 133 Stat. 2297), required for suspension of sanctions

against the Assad regime.

(12) An assessment of United States efforts to seek account-

ability for the Assad regime’s crimes against the Syrian people,

to include unlawful detention, forced disappearance, torture,

starvation, and the use of chemical weapons.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may include a classified annex.

Assessment.

Plan.

Assessment.

Plan.

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135 STAT. 1969 PUBLIC LAW 117–81—DEC. 27, 2021

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services, the Committee on

Foreign Relations, and the Committee on Appropriations of

the Senate; and

(2) the Committee on Armed Services, the Committee on

Foreign Affairs, and the Committee on Appropriations of the

House of Representatives.

SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PRO-

VIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF

IRAQ AND SYRIA.

(a) I

ENERAL

.—Subsection (a) of section 1236 of the Carl

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-

tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558)

is amended by striking ‘‘December 31, 2021’’ and inserting

‘‘December 31, 2022’’.

(b) F

UNDING

.—Subsection (g) of such section is amended—

(1) by striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal year

2022’’; and

(2) by striking ‘‘$322,500,000’’ and inserting ‘‘$345,000,000’’.

SSESSMENT AND

UTHORITY

SSIST

IRECTLY

ERTAIN

OVERED

ROUPS

.—Subsection (l)(1)(B) of such section is

amended—

(1) by striking clause (ii);

(2)(A) by redesignating clauses (iii) through (vi) as clauses

(ii) through (v), respectively; and

(B) by redesignating clause (vii) as clause (xi);

(3) in clause (iv), as redesignated, by striking ‘‘, and once

established, the Iraqi Sunni National Guard’’; and

(4) by inserting after clause (v), as redesignated, the fol-

lowing:

‘‘(vi) Whether the Shia militias are gaining new

malign capabilities or improving such capabilities, and

whether the Government of Iraq is acting to counter

or suppress those capabilities.

‘‘(vii) Whether the Government of Iraq is acting

to ensure the safety of United States Government per-

sonnel and citizens, as well as the safety of United

States facilities.

‘‘(viii) Whether the Government of Iraq is ensuring

the safe and voluntary return of ethno-religious

minority populations to their home communities in

the Nineveh Plains region of Iraq.

‘‘(ix) Whether the Government of Iraq has provided

support and funding to institutionalize and make

permanent local, representative, and regionally-based

security forces.

‘‘(x) An assessment of the impact of the Iraq and

Syria Genocide Relief and Accountability Act of 2018

(Public Law 115–300) on return rates of vulnerable,

indigenous, ethno-religious groups, including Assyrians

and Yazidis, in those areas of the Nineveh Plains

region of Iraq in which assistance has been provided

pursuant to subsection (a).’’.

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135 STAT. 1970 PUBLIC LAW 117–81—DEC. 27, 2021

(d) W

AIVER

UTHORITY

.—Such section, as so amended, is fur-

ther amended by adding at the end the following:

‘‘(o) W

AIVER

UTHORITY

.—

‘‘(1) I

N GENERAL

.—The President may waive the dollar

amount limitation in subsection (a) with respect to a construc-

tion, repair, or renovation project for the purposes of providing

the support described in paragraph (2) if the President—

‘‘(A) determines that the waiver is in the national

security interest of the United States; and

‘‘(B) submits to the appropriate congressional commit-

tees a notification of the exercise of the waiver.

‘‘(2) S

UPPORT DESCRIBED

.—The support described in this

paragraph is support relating to temporary humane detention

of Islamic State of Iraq and Syria foreign terrorist fighters

in accordance with all laws and obligations relating to the

provision of such support, including, as applicable—

‘‘(A) the law of armed conflict;

‘‘(B) internationally recognized human rights;

‘‘(C) the principle of non-refoulement;

‘‘(D) the Convention Against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment (done

at New York on December 10, 1984); and

‘‘(E) the United Nations Convention Relating to the

Status of Refugees, done at Geneva July 28, 1951 (as

made applicable by the Protocol Relating to the Status

of Refugees, done at New York January 31, 1967 (19

UST6223)).

‘‘(3) N

OTICE AND WAIT

.—

‘‘(A) I

N GENERAL

.—A project with respect to which the

exercise of a waiver under paragraph (1) applies may only

be carried out after the end of a 15-day period beginning

at the date on which the appropriate congressional commit-

tees receive the notification required by paragraph (1)(B).

‘‘(B) M

ATTERS TO BE INCLUDED

.—The notification

required by paragraph (1)(B) shall include the following:

‘‘(i) A detailed plan and cost estimate for the

project.

‘‘(ii) A certification by the President that facilities

and activities relating to the project comply with the

laws and obligations described in paragraph (2).

‘‘(iii) An explanation of the national security

interest addressed by the project.

‘‘(C) A

PPROPRIATE CONGRESSIONAL COMMITTEES

DEFINED

.—In this paragraph, the term ‘appropriate

congressional committees’ means—

‘‘(i) the congressional defense committees; and

‘‘(ii) the Committee on Foreign Relations of the

Senate and the Committee on Foreign Affairs of the

House of Representatives.

‘‘(4) U

PDATE TO PLAN AND COST ESTIMATE

.—Upon obligation

of any funds to carry out a project with respect to which

the exercise of a waiver under paragraph (1) applies, the Sec-

retary of Defense shall submit to the congressional defense

committees an update to the plan and cost estimate for the

project as required by paragraph (3)(B)(i).

‘‘(5) S

UNSET

.—The waiver authority under this subsection

shall expire on December 31, 2022.’’.

Applicability.

Certification.

President.

Plan.

Cost estimate.

Applicability.

Time period.

Notification.

Determination.

President.

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135 STAT. 1971 PUBLIC LAW 117–81—DEC. 27, 2021

(e) R

ESTRICTION ON

OUNTER

-ISIS T

RAIN AND

QUIP

UND

.—

Amounts authorized to be appropriated by this Act or the amend-

ments made by this Act or otherwise made available for any fiscal

year to the Counter-Islamic State of Iraq and Syria Train and

Equip Fund are authorized to be made available only in support

of partner forces eligible to receive assistance under section 1209(a)

of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense

Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128

Stat. 3541) or subsection (a) of section 1236 of such Act, as amended

by subsection (a) of this section.

(f) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense, in

consultation with the heads of other relevant Federal depart-

ments and agencies, shall submit to appropriate congressional

committees a report that contains the following:

(A) A comprehensive strategy and plan to train and

build lasting and sustainable military capabilities of the

Iraqi security forces, including the Kurdish Peshmerga,

using existing authorities, which may include a memo-

randum of understanding with the Ministry of Peshmerga

Affairs in coordination with the Government of Iraq.

(B) A plan to engage the Government of Iraq and

the Kurdistan Regional Government in security sector

reform and strengthen and sustainably build the capacity

of Iraq’s national defense and security institutions,

including the Kurdish Peshmerga.

and operational capacity of remaining Islamic State of Iraq

and Syria elements active in Iraq and Syria.

(2) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Affairs of the House

of Representatives and the Committee on Foreign Relations

of the Senate.

SEC. 1224. EXTENSION AND MODIFICATION OF AUTHORITY TO SUP-

PORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF

SECURITY COOPERATION IN IRAQ.

(a) L

IMITATION ON

MOUNT

.—Subsection (c) of section 1215

of the National Defense Authorization Act for Fiscal Year 2012

(10 U.S.C. 113 note) is amended by striking ‘‘fiscal year 2021’’

and inserting ‘‘fiscal year 2022’’.

(b) S

OURCE OF

UNDS

.—Subsection (d) of such section is

amended by striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal year

2022’’.

IMITATION ON

VAILABILITY OF

UNDS

.—Subsection (h) of

such section is amended to read as follows:

‘‘(h) L

IMITATION ON

VAILABILITY OF

UNDS

.—Of the amount

authorized to be appropriated by this Act for fiscal year 2022

to carry out this section, not more than $10,000,000 may be obli-

gated or expended for the Office of Security Cooperation in Iraq

until the date on which the Secretary of Defense provides to the

Reports.

Plan.

Strategy.

Plan.

Consultation.

10 USC 2241

note.

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135 STAT. 1972 PUBLIC LAW 117–81—DEC. 27, 2021

congressional defense committees, the Committee on Foreign Rela-

tions of the Senate, and the Committee on Foreign Affairs of the

House of Representatives a report that—

‘‘(1) details further steps to reorganize the Office in a

manner similar to that of other security cooperation offices

in the region and indicates whether such reorganization will

be achieved by 2023;

‘‘(2) describes progress made toward the continuation of

bilateral engagement with the Government of Iraq, with the

objective of establishing a joint mechanism for security assist-

ance planning;

‘‘(3) includes a five-year security assistance roadmap for

developing sustainable military capacity and capabilities and

enabling defense institution building and reform; and

‘‘(4) describes progress made toward, and a timeline for,

the transition of the preponderance of funding for the activities

of the Office from current sources to the Foreign Military

Financing Administrative Fund and the Foreign Military Sales

Trust Fund Administrative Surcharge Account in future years.’’.

SEC. 1225. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.

None of the amounts authorized to be appropriated by this

Act or otherwise made available to the Department of Defense

may be made available, directly or indirectly, to the Badr Organiza-

tion.

SEC. 1226. PROHIBITION ON TRANSFERS TO IRAN.

None of the amounts authorized to be appropriated by this

Act or otherwise made available to the Department of Defense

may be made available to transfer or facilitate a transfer of pallets

of currency, currency, or other items of value to the Government

of Iran, any subsidiary of such Government, or any agent or

instrumentality of Iran.

SEC. 1227. REPORT ON THE MILITARY CAPABILITIES OF IRAN AND

RELATED ACTIVITIES.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Director of National Intelligence

shall submit to the appropriate congressional committees a report

that includes the following:

(1) A detailed description of each of the following:

(A) Advancements in the military capabilities of Iran,

including capabilities of the Islamic Revolutionary Guard

Corps, the Quds Force, the Artesh, and the Basij.

(B) All known instances of the supply, sale, or transfer

of arms or related materiel, including spare parts, to or

from Iran.

including for the purposes of testing and development or

use in military operations.

(D) Changes to the military capabilities of Iran-backed

groups, most notably Lebanese Hezbollah, Asa’ib ahl al-

Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-

Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr

Organization, the Fatemiyoun, the Zainabiyoun, and Ansar

Allah (also known as the Houthis).

(2) An assessment of each of the following:

Assessment.

10 USC 2241

note.

10 USC 2241

note.

Time period.

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135 STAT. 1973 PUBLIC LAW 117–81—DEC. 27, 2021

(A) Impacts that the imposition or revocation of unilat-

eral United States economic sanctions on Iran may have

on the military capabilities of entities described in subpara-

graphs (A) and (D) of paragraph (1).

(B) Acts of violence and intimidation that Iranian-

backed militias in Iraq have committed against Iraqi

civilians.

pose to United States personnel in Iraq and in the Middle

East, including United States Armed Forces and diplomats.

(D) The threat Iranian-backed militias in Iraq pose

to United States partners in the region.

(E) The role that Iranian-backed militias in Iraq,

including the Badr Organization, play in Iraq’s armed

forces and security services, including Iraq’s Popular

Mobilization Forces.

(F) The United Nations arms embargo on Iran’s ability

to supply, sell, or transfer, directly or indirectly, arms

or related materiel while the embargo was in effect.

(G) Iran’s use of kidnapping operations against United

States citizens and an analysis of opportunities to counter

such actions or impose costs on Iran.

(b) T

IME

ERIOD

.—Except as otherwise provided, the report

required by subsection (a) shall cover developments during the

period beginning in June 2018 and ending on the day before the

date on which the report is submitted.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may include a classified annex.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees;

(2) the Committee on Foreign Relations and the Select

Committee on Intelligence of the Senate; and

(3) the Committee on Foreign Affairs and the Permanent

Select Committee on Intelligence of the House of Representa-

tives.

SEC. 1228. SENSE OF CONGRESS ON ENRICHMENT OF URANIUM BY

IRAN.

It is the sense of Congress that—

(1) the Government of Iran’s decision to enrich uranium

up to 60 percent purity is a further escalation and shortens

the breakout time to produce enough highly enriched uranium

to develop a nuclear weapon; and

(2) the Government of Iran should immediately abandon

any pursuit of a nuclear weapon.

Subtitle D—Matters Relating to Russia

SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION

BETWEEN THE UNITED STATES AND THE RUSSIAN FED-

ERATION.

Section 1232(a) of the National Defense Authorization Act for

Fiscal Year 2017 (Public Law 114–328) is amended by striking

‘‘2020, or 2021’’ and inserting ‘‘2020, 2021, or 2022’’.

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135 STAT. 1974 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1232. EXTENSION OF UKRAINE SECURITY ASSISTANCE INITIA-

TIVE.

Section 1250 of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended

as follows:

(1) In subsection (c)—

(A) in paragraph (1), by striking ‘‘funds available for

fiscal year 2021 pursuant to subsection (f)(6)’’ and inserting

‘‘funds available for fiscal year 2022 pursuant to subsection

(f)(7)’’;

(B) in paragraph (3), by striking ‘‘fiscal year 2021’’

and inserting ‘‘fiscal year 2022’’; and

for fiscal year 2021 pursuant to subsection (f)(6)’’ and

inserting ‘‘Of the funds available for fiscal year 2022 pursu-

ant to subsection (f)(7)’’.

(2) In subsection (f), by adding at the end the following:

‘‘(7) For fiscal year 2022, $300,000,000.’’.

(3) In subsection (h), by striking ‘‘December 31, 2023’’ and

inserting ‘‘December 31, 2024’’.

SEC. 1233. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN

EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE

OF MULTILATERAL EXERCISES.

Subsection (h) of section 1251 of the National Defense

Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is

amended—

(1) in the first sentence, by striking ‘‘December 31, 2023’’

and inserting ‘‘December 31, 2024’’; and

(2) in the second sentence, by striking ‘‘the period beginning

on October 1, 2015, and ending on December 31, 2023’’ and

inserting ‘‘the period beginning on October 1, 2015, and ending

on December 31, 2024.’’.

SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO

SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER

CRIMEA.

(a) P

ROHIBITION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2022 for the Department of Defense may be obligated or expended

to implement any activity that recognizes the sovereignty of the

Russian Federation over Crimea.

(b) W

AIVER

.—The Secretary of Defense, with the concurrence

of the Secretary of State, may waive the prohibition under sub-

section (a) if the Secretary of Defense—

(1) determines that a waiver is in the national security

interest of the United States; and

(2) on the date on which the waiver is invoked, submits

a notification of the waiver and a justification of the reason

for seeking the waiver to—

(A) the Committee on Armed Services and the Com-

mittee on Foreign Relations of the Senate; and

(B) the Committee on Armed Services and the Com-

mittee on Foreign Affairs of the House of Representatives.

Notification.

Determination.

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135 STAT. 1975 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1235. REPORT ON RUSSIAN INFLUENCE OPERATIONS AND CAM-

PAIGNS TARGETING MILITARY ALLIANCES AND PARTNER-

SHIPS OF WHICH THE UNITED STATES IS A MEMBER.

(a) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act and biennially thereafter until April

1, 2024, the Secretary of Defense and the Secretary of State, in

coordination with the Director of National Intelligence and the

heads of any other appropriate departments or agencies, shall

jointly submit to the appropriate congressional committees a report

on Russian influence operations and campaigns that target United

States military alliances and partnerships.

(b) E

LEMENTS

.—The report required under subsection (a) shall

include each of the following:

(1) An assessment of Russia’s objectives for influence oper-

ations and campaigns targeting United States military alliances

and partnerships, including the North Atlantic Treaty

Organization, its allies, and partner countries, and how such

operations and campaigns relate to Russia’s broader strategic

aims.

(2) The activities and roles of the Department of Defense

and Department of State in the United States Government

strategy to counter such Russian influence operations and cam-

paigns.

(3) A comprehensive list of specific Russian state and non-

state entities, or those of any other country with which Russia

may cooperate, involved in supporting such Russian influence

operations and campaigns and the role of each such entity

in such support.

(4) An identification of the tactics, techniques, and proce-

dures used in previous Russian influence operations and cam-

paigns.

(5) An assessment of the impact of previous Russian influ-

ence operations and campaigns targeting United States military

alliances and partnerships, including the views of senior Rus-

sian officials about the effectiveness of such operations and

campaigns in achieving Russian objectives.

(6) An identification of each United States ally and partner,

and each military alliance of which the United States is a

member, that has been targeted by Russian influence operations

and campaigns.

(7) An identification of each United States ally and partner,

and each military alliance of which the United States is a

member, that may be targeted in future Russian influence

operations and campaigns, and an assessment of the likelihood

that each such ally, partner, or alliance will be targeted.

(8) An assessment of the capacity and efforts of each United

States ally and partner, and each military alliance of which

the United States is a member, to counter Russian influence

operations and campaigns.

(9) An identification of tactics, techniques, and procedures

likely to be used in future Russian influence operations and

campaigns targeting United States military alliances and part-

nerships.

(10) Recommended authorities or activities for the Depart-

ment of Defense and Department of State in the United States

Government strategy to counter such Russian influence oper-

ations and campaigns.

Recommenda-

tion.

Assessment.

List.

Assessment.

Time period.

Termination

date.

Coordination.

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135 STAT. 1976 PUBLIC LAW 117–81—DEC. 27, 2021

(11) Any other matters the Secretaries determine appro-

priate.

ORM

.—The report required under subsection (a) shall be

submitted in unclassified form and in a manner appropriate for

release to the public, but may include a classified annex.

(d) D

EFINITIONS

.—In this section, the term ‘‘appropriate

congressional committees’’ means—

(1) the congressional defense committees;

(2) the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intel-

ligence of the Senate; and

(3) the Committee on Foreign Affairs of the House of Rep-

resentatives and the Committee on Foreign Relations of the

Senate.

Subtitle E—Matters Relating to the Indo-

Pacific Region

SEC. 1241. EXTENSION AND MODIFICATION OF INDO-PACIFIC MARI-

TIME SECURITY INITIATIVE.

(a) A

SSISTANCE AND

RAINING

.—Subsection (a)(1) of section

1263 of the National Defense Authorization Act for Fiscal Year

2016 (10 U.S.C. 333 note) is amended, in the matter preceding

subparagraph (A), by striking ‘‘for the purpose of’’ and all that

follows through ‘‘Indian Ocean’’ and inserting ‘‘with the primary

goal of increasing multilateral maritime security cooperation and

maritime domain awareness of foreign countries in the area of

responsibility of the United States Indo-Pacific Command’’.

(b) R

ECIPIENT

OUNTRIES

.—Subsection (b) of such section is

amended to read as follows:

‘‘(b) R

ECIPIENT

OUNTRIES

.—The foreign countries that may

be provided assistance and training under subsection (a) are the

countries located within the area of responsibility of the United

States Indo-Pacific Command.’’.

YPES OF

SSISTANCE AND

RAINING

.—Subsection (c)(1) of

such section is amended by striking ‘‘small-scale military construc-

tion’’ and inserting ‘‘small-scale construction (as defined in section

301 of title 10, United States Code)’’.

(d) P

RIORITIES FOR

SSISTANCE AND

RAINING

.—Subsection (d)

of such section is amended to read as follows:

‘‘(d) P

RIORITIES FOR

SSISTANCE AND

RAINING

.—In developing

programs for assistance or training to be provided under subsection

(a), the Secretary of Defense shall prioritize assistance, training,

or both, to enhance—

‘‘(1) multilateral cooperation and coordination among

recipient countries; or

‘‘(2) the capabilities of a recipient country to more effec-

tively participate in a regional organization of which the

recipient country is a member.’’.

(e) I

NCREMENTAL

XPENSES OF

ERSONNEL OF

ERTAIN

THER

OUNTRIES FOR

RAINING

.—Subsection (e) of such section is

amended to read as follows:

‘‘(e) I

NCREMENTAL

XPENSES OF

ERSONNEL OF

ECIPIENT

OUNTRIES FOR

RAINING

.—If the Secretary of Defense determines

that the payment of incremental expenses (as defined in section

301 of title 10, United States Code) in connection with training

Determination.

Reports.

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135 STAT. 1977 PUBLIC LAW 117–81—DEC. 27, 2021

described in subsection (a)(1)(B) will facilitate the participation

in such training of organization personnel of recipient countries

described in subsection (b), the Secretary may use amounts avail-

able under subsection (f) for assistance and training under sub-

section (a) for the payment of such incremental expenses.’’.

(f) A

VAILABILITY OF

UNDS

.—Subsection (f) of such section is

amended to read as follows:

‘‘(f) A

VAILABILITY OF

UNDS

.—Of the amounts authorized to

be appropriated for each of fiscal years 2022 through 2027 for

the Department of Defense, Operation and Maintenance, Defense-

wide, $50,000,000 may be made available for the provision of assist-

ance and training under subsection (a).’’.

(g) L

IMITATIONS

.—Such section is further amended—

(1) by striking subsection (i);

(2) by redesignating subsections (g) and (h) as subsections

(h) and (i), respectively; and

(3) by inserting after subsection (f) the following new sub-

section (g):

‘‘(g) L

IMITATIONS

.—

‘‘(1) A

SSISTANCE OTHERWISE PROHIBITED BY LAW

.—The Sec-

retary of Defense may not use the authority in subsection

(a) to provide any type of assistance described in subsection

‘‘(2) P

ROHIBITION ON ASSISTANCE TO UNITS THAT HAVE COM

MITTED GROSS VIOLATIONS OF HUMAN RIGHTS

.—The provision

of assistance pursuant to a program under subsection (a) shall

be subject to the provisions of section 362 of title 10, United

States Code.

‘‘(3) S

ECURITY COOPERATION

.—Assistance, training, and

exercises with recipient countries described in subsection (b)

shall be planned and prioritized consistent with applicable guid-

ance relating to the security cooperation program and activities

of the Department of Defense.

‘‘(4) A

SSESSMENT

MONITORING

AND EVALUATION

.—The

provision of assistance and training pursuant to a program

under subsection (a) shall be subject to the provisions of section

383 of title 10, United States Code.’’.

(h) N

OTICE TO

ONGRESS ON

SSISTANCE AND

RAINING

.—Sub-

section (h)(1) of such section, as so redesignated, is amended—

(1) by amending subparagraph (B) to read as follows:

‘‘(B) A detailed justification of the program for the

provision of the assistance or training concerned, its rela-

tionship to United States security interests, and an expla-

nation of the manner in which such assistance or training

will increase multilateral maritime security cooperation or

maritime domain awareness.’’; and

(2) in subparagraph (G) by striking ‘‘the geographic combat-

ant command concerned’’ and inserting ‘‘the United States Indo-

Pacific Command’’.

(i) A

NNUAL

ONITORING

EPORT

.—Subsection (i) of such sec-

tion, as so redesignated, is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by

striking ‘‘March 1, 2020’’ and inserting ‘‘March 1, 2022’’;

(B) by redesignating subparagraphs (A) through (G)

as subparagraphs (B) through (H), respectively;

Time period.

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135 STAT. 1978 PUBLIC LAW 117–81—DEC. 27, 2021

nated, the following new subparagraph (A):

‘‘(A) The overall strategy for improving multilateral

maritime security cooperation and maritime domain aware-

ness across the theater, including an identification of the

following:

‘‘(i) Priority countries and associated capabilities

across the theater.

‘‘(ii) Strategic objectives for the Indo-Pacific Mari-

time Security Initiative across the theater, lines of

effort, and desired end results for such lines of effort.

‘‘(iii) Significant challenges to improving multilat-

eral maritime security cooperation and maritime

domain awareness across the theater and the manner

in which the United States Indo-Pacific Command is

seeking to address such challenges.’’; and

(D) in subparagraph (B), as so redesignated—

(i) in clause (ii), by striking the semicolon and

inserting ‘‘; and’’; and

(ii) by adding at the end the following new clause:

‘‘(iii) how such capabilities can be leveraged to

improve multilateral maritime security cooperation and

maritime domain awareness.’’; and

(2) in paragraph (2), by striking ‘‘subsection (g)(2)’’ and

inserting ‘‘subsection (h)(2)’’.

(j) E

XPIRATION

.—Subsection (j) of such section is amended by

striking ‘‘December 31, 2025’’ and inserting ‘‘December 31, 2027’’.

SEC. 1242. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE

INITIATIVE.

(a) E

XTENSION

.—Subsection (c) of section 1251 of the National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283) is amended to read as follows:

‘‘(c) F

UNDING

.—Of the amounts authorized to be appropriated

by the National Defense Authorization Act for Fiscal Year 2022

for the Department of Defense for fiscal year 2022, there is author-

ized to be appropriated for the Pacific Deterrence Initiative such

sums as may be necessary, as indicated in sections 4101, 4201,

4301, and 4601 of such Act.’’.

(b) R

EPORT ON

ESOURCING

NITED

TATES

EFENSE

EQUIRE

MENTS FOR THE

NDO

PACIFIC

EGION AND

TUDY ON

OMPETITIVE

TRATEGIES

.—Such section is further amended—

(1) by redesignating subsections (d) through (g) as sub-

sections (e) through (h), respectively;

(2) by inserting after subsection (c) the following new sub-

section (d):

‘‘(d) R

EPORT ON

ESOURCING

NITED

TATES

EFENSE

EQUIRE

MENTS FOR THE

NDO

PACIFIC

EGION AND

TUDY ON

OMPETITIVE

TRATEGIES

.—

‘‘(1) R

EPORT REQUIRED

.—

‘‘(A) I

N GENERAL

.—At the same time as the submission

of the budget of the President (submitted to Congress

pursuant to section 1105 of title 31, United States Code)

for each of fiscal years 2023 and 2024, the Commander

of the United States Indo-Pacific Command shall submit

to the congressional defense committees a report containing

the independent assessment of the Commander with

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135 STAT. 1979 PUBLIC LAW 117–81—DEC. 27, 2021

respect to the activities and resources required, for the

first fiscal year beginning after the date of submission

of the report and the four following fiscal years, to achieve

the following objectives:

‘‘(i) The implementation of the National Defense

Strategy with respect to the Indo-Pacific region.

‘‘(ii) The maintenance or restoration of the

comparative military advantage of the United States

with respect to the People’s Republic of China.

‘‘(iii) The reduction of the risk of executing contin-

gency plans of the Department of Defense.

‘‘(B) M

ATTERS TO BE INCLUDED

.—The report required

under subparagraph (A) shall include the following:

‘‘(i) With respect to the achievement of the objec-

tives described in subparagraph (A), a description of

the intended force structure and posture of assigned

and allocated forces in each of the following:

‘‘(I) West of the International Date Line.

‘‘(II) In States outside the contiguous United

States east of the International Date Line.

‘‘(III) In the contiguous United States.

‘‘(ii) An assessment of capabilities requirements

to achieve such objectives.

‘‘(iii) An assessment of logistics requirements,

including personnel, equipment, supplies, storage, and

maintenance needs to achieve such objectives.

‘‘(iv) An identification of required infrastructure

and military construction investments to achieve such

objectives.

‘‘(v) An assessment of security cooperation activi-

ties or resources required to achieve such objectives.

‘‘(vi)(I) A plan to fully resource United States force

posture and capabilities, including—

‘‘(aa) a detailed assessment of the

resources necessary to address the elements

described in clauses (i) through (v), including

specific cost estimates for recommended

investments or projects—

‘‘(AA) to modernize and strengthen

the presence of the United States Armed

Forces, including those with advanced

capabilities;

‘‘(BB) to improve logistics and mainte-

nance capabilities and the pre-positioning

of equipment, munitions, fuel, and mate-

riel;

‘‘(CC) to carry out a program of exer-

cises, training, experimentation, and

innovation for the joint force;

‘‘(DD) to improve infrastructure to

enhance the responsiveness and resiliency

of the United States Armed Forces;

‘‘(EE) to build the defense and secu-

rity capabilities, capacity, and cooperation

of allies and partners; and

Assessment.

Plan.

Assessment.

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135 STAT. 1980 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(FF) to improve capabilities available

to the United States Indo-Pacific Com-

mand;

‘‘(bb) a detailed timeline to achieve the

intended force structure and posture described

in clause (i).

‘‘(II) The specific cost estimates required by

subclause (I)(aa) shall, to the maximum extent

practicable, include the following:

‘‘(aa) With respect to procurement

accounts—

‘‘(AA) amounts displayed by account,

budget activity, line number, line item,

and line item title; and

‘‘(BB) a description of the require-

ments for each such amount.

‘‘(bb) With respect to research, develop-

ment, test, and evaluation accounts—

‘‘(AA) amounts displayed by account,

budget activity, line number, program ele-

ment, and program element title; and

‘‘(BB) a description of the require-

ments for each such amount.

‘‘(cc) With respect to operation and

maintenance accounts—

‘‘(AA) amounts displayed by account

title, budget activity title, line number,

and subactivity group title; and

‘‘(BB) a description of the specific

manner in which each such amount would

be used.

‘‘(dd) With respect to military personnel

accounts—

‘‘(AA) amounts displayed by account,

budget activity, budget subactivity, and

budget subactivity title; and

‘‘(BB) a description of the require-

ments for each such amount.

‘‘(ee) With respect to each project under

military construction accounts (including

unspecified minor military construction and

amounts for planning and design), the country,

location, project title, and project amount for

each fiscal year.

‘‘(ff) With respect to any expenditure or

proposed appropriation not described in items

(aa) through (ee), a level of detail equivalent

to or greater than the level of detail provided

in the future-years defense program submitted

pursuant to section 221(a) of title 10, United

States Code.

‘‘(C) F

ORM

.—The report required under subparagraph

(A) may be submitted in classified form, but shall include

an unclassified summary.

‘‘(D) A

VAILABILITY

.—Not later than February 1 each

year, the Commander of the United States Indo-Pacific

Command shall make the report available to the Secretary

Deadline.

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135 STAT. 1981 PUBLIC LAW 117–81—DEC. 27, 2021

of Defense, the Under Secretary of Defense for Policy,

the Under Secretary of Defense (Comptroller), the Director

of Cost Assessment and Program Evaluation, the Chairman

of the Joint Chiefs of Staff, the Secretaries of the military

departments, and the chiefs of staff of each military service.

‘‘(2) B

RIEFINGS REQUIRED

.—

‘‘(A) I

NITIAL BRIEFING

.—Not later than 15 days after

the submission of the budget of the President (submitted

to Congress pursuant to section 1105 of title 31, United

States Code) for each of fiscal years 2023 and 2024, the

Secretary of Defense (acting through the Under Secretary

of Defense for Policy, the Under Secretary of Defense

(Comptroller), and the Director of Cost Assessment and

Program Evaluation) and the Chairman of the Joint Chiefs

of Staff shall provide to the congressional defense commit-

tees a joint briefing, and any written comments the Sec-

retary of Defense and the Chairman of the Joint Chiefs

of Staff consider necessary, with respect to their assess-

ments of the report submitted under paragraph (1),

including their assessments of the feasibility and advis-

ability of the plan required by subparagraph (B)(vi) of

that paragraph.

‘‘(B) S

UBSEQUENT BRIEFING

.—Not later than 30 days

after the submission of the budget of the President (sub-

mitted to Congress pursuant to section 1105 of title 31,

United States Code) for each of fiscal years 2023 and

2024, the Secretary of the Air Force, the Secretary of

the Army, and the Secretary of the Navy shall provide

to the congressional defense committees a joint briefing,

and documents as appropriate, with respect to their assess-

ments of the report submitted under paragraph (1),

including their assessments of the feasibility and advis-

ability of the plan required by subparagraph (B)(vi) of

that paragraph.’’;

(3) by amending subsection (e), as redesignated, to read

as follows:

‘‘(e) P

LAN

EQUIRED

.—At the same time as the submission

of the budget of the President (submitted to Congress pursuant

to section 1105 of title 31, United States Code) for each of fiscal

years 2023 and 2024, the Secretary, in consultation with the Com-

mander of the United States Indo-Pacific Command, shall submit

to the congressional defense committees a report on future year

activities and resources for the Initiative that includes the following:

‘‘(1) A description of the activities and resources for the

first fiscal year beginning after the date of submission of the

report and the plan for not fewer than the four following

fiscal years, organized—

‘‘(A) functionally, by the activities described in para-

graphs (1) through (5) of subsection (b); and

‘‘(B) geographically by—

‘‘(i) areas west of the International Date Line;

‘‘(ii) States outside the contiguous United States

east of the International Date Line; and

‘‘(iii) States in the contiguous United States.

‘‘(2) A summary of progress made toward achieving the

purposes of the Initiative.

Deadline.

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135 STAT. 1982 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(3) A summary of the activity, resource, capability, infra-

structure, and logistics requirements necessary to achieve meas-

urable progress in reducing risk to the joint force’s ability

to achieve objectives in the region.

‘‘(4) A detailed timeline to achieve the requirements identi-

fied under paragraph (3).

‘‘(5) A detailed explanation of any significant modifications

to such requirements, as compared to plans previously sub-

mitted under this subsection.

‘‘(6) Any other matter, as determined by the Secretary.’’;

and

(4) in subsection (g), as redesignated, by striking ‘‘sub-

section (e)’’ and inserting ‘‘subsection (f)’’.

SEC. 1243. MODIFICATION OF ANNUAL REPORT ON MILITARY AND

SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S

REPUBLIC OF CHINA.

Section 1202 of the National Defense Authorization Act for

Fiscal Year 2000 (10 U.S.C. 113 note) is amended to read as

follows:

‘‘SEC. 1202. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOP-

MENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA.

‘‘(a) A

NNUAL

EPORT

.—Not later than January 31 of each year

through January 31, 2027, the Secretary of Defense, in consultation

with the heads of other Federal departments and agencies as appro-

priate, shall submit to the specified congressional committees a

report on military and security developments involving the People’s

Republic of China.

‘‘(b) M

ATTERS TO

NCLUDED

.—Each report under this section

shall include analyses and forecasts, through the next 20 years,

of the following:

‘‘(1) The goals, factors, and trends shaping Chinese security

strategy and military strategy.

‘‘(2) The role of the People’s Liberation Army in the

strategy, governance systems, and foreign and economic policies

of the People’s Republic of China, including the following:

‘‘(A) Developments in the defense policy and military

strategy of the People’s Republic of China, and the role

and mission of the People’s Liberation Army.

‘‘(B) The role of the People’s Liberation Army in the

Chinese Communist Party, including the structure and

leadership of the Central Military Commission.

‘‘(C) The internal security role and affiliation of the

People’s Liberation Army with the People’s Armed Police

and other law enforcement, intelligence, and paramilitary

entities of the People’s Republic of China, including any

activities supporting or implementing mass surveillance,

mass detentions, forced labor, or gross violations of human

rights.

‘‘(3) The role of the People’s Liberation Army in, and its

support of, the overall foreign policy of the People’s Republic

of China, as expressed through military diplomacy and other

external actions, activities, and operations, including the fol-

lowing:

‘‘(A) Chinese military-to-military relationships with

other countries, including—

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135 STAT. 1983 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(i) Chinese military attache presence, activities,

exercises, and agreements with the militaries of other

countries; and

‘‘(ii) military education programs conducted—

‘‘(I) in the People’s Republic of China for mili-

taries of other countries; or

‘‘(II) in other countries for personnel of the

People’s Liberation Army.

‘‘(B) Any significant sale or transfer of military hard-

ware, expertise, and technology to or from the People’s

Republic of China, including—

‘‘(i) a forecast of possible future sales and transfers;

‘‘(ii) the implications of such sales and transfers

for the security of the United States and its partners

and allies; and

‘‘(iii) any significant assistance to and from any

selling state with military-related research and

development programs in the People’s Republic of

China.

‘‘(C) Relations between the People’s Republic of China

and the Russian Federation, and between the People’s

Republic of China and Iran, with respect to security and

military matters.

‘‘(4) Developments in the military doctrine, operational con-

cepts, joint command and organizational structures, and signifi-

cant military operations and deployments of the People’s Lib-

eration Army.

‘‘(5) Developments and future course of the services, the-

ater-level commands, and paramilitary organizations of the Peo-

ple’s Liberation Army, including—

‘‘(A) the specific roles and missions, organization,

capabilities, force structure, readiness, and modernization

efforts of such services, theater-level commands, and para-

military organizations;

‘‘(B) A summary of the order of battle of the People’s

Liberation Army, including ballistic and cruise missile

inventories; and

‘‘(C) developments relating to the Chinese Coast Guard,

including its interactions with the Armed Forces of the

United States, and the implications for its use as a coercive

tool in maritime disputes.

‘‘(7) Developments in the People’s Liberation Army as a

global actor, such as overseas military basing, military logistics

capabilities, and infrastructure to project power, and the over-

seas command and control structure of the People’s Liberation

Army, including—

‘‘(A) Chinese overseas investments or projects likely,

or with significant potential, to be converted into military

or intelligence assets of the People’s Republic of China;

and

‘‘(B) efforts by the People’s Republic of China to use

the People’s Liberation Army to expand its presence and

influence overseas and the implications of such efforts on

United States’ national defense and security interests in—

‘‘(i) Latin America and the Caribbean;

‘‘(ii) Africa; and

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135 STAT. 1984 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(iii) the Indo-Pacific region, including the Pacific

Islands.

‘‘(8) The strategy, policy, development, and modernization

of key military capabilities of the People’s Republic of China

across the People’s Liberation Army, including the following:

‘‘(A) The cyberwarfare and electronic warfare capabili-

ties (including details on the number of malicious cyber

incidents originating from the People’s Republic of China

against Department of Defense infrastructure) and associ-

ated activities originating or suspected to have originated

from the People’s Republic of China.

‘‘(B) The space and counter-space programs and

capabilities.

‘‘(C) The nuclear program and capabilities, including—

‘‘(i) its nuclear strategy and associated doctrines;

‘‘(ii) the size and state of its stockpile and projec-

tions of its future arsenals;

‘‘(iii) its civil and military production capacities;

and

‘‘(iv) the modernization and force structure of its

strategic forces.

‘‘(D) The anti-access and area denial capabilities .

‘‘(E) The command, control, communications, com-

puters, intelligence, surveillance, and reconnaissance mod-

ernization program and capabilities and the applications

for such program and capabilities for precision-guided

weapons.

‘‘(9) Trends and developments in the budget, resources,

strategies, and policies of the People’s Liberation Army with

respect to science and technology, defense industry reform,

and the use of espionage and technology transfers by the Peo-

ple’s Republic of China, including—

‘‘(A) the relationship between Chinese overseas invest-

ment (including the Belt and Road Initiative, the Digital

Silk Road, and any state- owned or state-controlled digital

or physical infrastructure projects of the People’s Republic

of China) and Chinese security and military strategy objec-

tives, including—

‘‘(i) any Chinese investment or project, located in

any other country, that is linked to military or intel-

ligence cooperation with such country, such as coopera-

tion on satellite navigation or arms production; and

‘‘(ii) the implications for United States military

or governmental interests related to denial of access,

compromised intelligence activities, and network

advantages of Chinese investments or projects in other

countries, including in port or port-related infrastruc-

ture; and

‘‘(B) efforts (including by espionage and technology

transfers through investment, industrial espionage, cyber

theft, academia, forced technological transfers, and other

means) to develop, acquire, or gain access to information,

communication, space, and other advanced technologies

that would enhance defense capabilities or otherwise under-

mine the capability of the Department of Defense to conduct

information assurance, including an assessment of the dam-

age inflicted on the Department of Defense by such efforts.

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135 STAT. 1985 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(10) The strategy of the People’s Republic of China

regarding Taiwan and the security situation in the Taiwan

Strait, including—

‘‘(A) the posture of the forces of the People’s Liberation

Army facing Taiwan; and

‘‘(B) any challenges during the preceding year to the

deterrent forces of the Republic of China on Taiwan, con-

sistent with the commitments made by the United States

in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C.

3301 et seq.).

‘‘(11) The maritime strategy and military and nonmilitary

activities in the South China Sea and East China Sea of the

People’s Republic of China, including—

‘‘(A) the role and activities of the People’s Liberation

Army and maritime law enforcement, the People’s Armed

Forces Maritime Militia or other subset national militias,

and paramilitary entities of the People’s Republic of China;

and

‘‘(B) any such activities in the South China Sea or

East China Sea affecting United States military activities

or the military activities of a United States ally or partner.

‘‘(12) The current state of United States military-to-military

contacts with the People’s Liberation Army, including the fol-

lowing:

‘‘(A) A comprehensive and coordinated strategy for such

military-to-military contacts and any necessary update to

the strategy.

‘‘(B) A summary of all such military-to-military con-

tacts during the preceding fiscal year including a summary

of topics discussed.

‘‘(C) A description of such military-to-military contacts

scheduled for the 1-year period following the period covered

by the report and the plan for future contacts.

‘‘(D) The Secretary’s assessment of the benefits the

Chinese expect to gain from such military-to-military con-

tacts.

‘‘(E) The Secretary’s assessment of the benefits the

Department of Defense expects to gain from such military-

to-military contacts, and any concerns regarding such con-

tacts.

‘‘(F) The Secretary’s assessment of how such military-

to-military contacts fit into the larger security relationship

between the United States and the People’s Republic of

China.

‘‘(G) The Secretary’s certification whether or not any

military-to-military exchange or contact was conducted

during the period covered by the report in violation of

section 1201(a).

‘‘(13) Any influence operations or campaigns by the People’s

Republic of China targeting military alliances and partnerships

of which the United States is a member, including—

‘‘(A) United States military alliances and partnerships

targeted or that may be targeted;

‘‘(B) the objectives of such operations;

‘‘(C) the tactics, techniques, and procedures used; and

‘‘(D) the impact of such operations on military alliances

and partnerships of which the United States is a member.

Certification.

Assessment.

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135 STAT. 1986 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(14) Any other significant military or security development

involving the People’s Republic of China the Secretary considers

relevant to United States national security.

‘‘(c) F

ORM

.—Each report required by subsection (a) shall be

submitted in unclassified form but may include a classified annex.

‘‘(d) S

PECIFIED

ONGRESSIONAL

OMMITTEES

EFINED

.—In this

section, the term ‘specified congressional committees’ means—

‘‘(1) the Committee on Armed Services, the Committee on

Foreign Relations, and the Select Committee on Intelligence

of the Senate; and

‘‘(2) the Committee on Armed Services, the Committee on

Foreign Affairs, and the Permanent Select Committee on Intel-

ligence of the House of Representatives.’’.

SEC. 1244. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN

HOA DIOXIN CLEANUP.

Section 1253(b) of the National Defense Authorization Act for

Fiscal Year 2021 (Public Law 116–283) is amended by striking

‘‘fiscal year 2021’’ and inserting ‘‘fiscal year 2022’’.

SEC. 1245. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR

VIETNAMESE PERSONNEL MISSING IN ACTION.

(a) I

ENERAL

.—The Secretary of Defense, in coordination

with the heads of other relevant Federal departments and agencies,

may carry out a cooperative program with the Ministry of Defense

of Vietnam and other entities of the Government of Vietnam to

assist in accounting for Vietnamese personnel missing in action.

(b) P

URPOSE

.—The purpose of the cooperative program under

subsection (a) is to carry out the following activities:

(1) Collection, digitization, and sharing of archival informa-

tion.

(2) Building the capacity of Vietnam to conduct archival

research, investigations, and excavations.

(3) Improving DNA analysis capacity.

(4) Increasing veteran-to-veteran exchanges.

(5) Other support activities the Secretary of Defense con-

siders necessary and appropriate.

ERMINATION

.—The authority provided by subsection (a)

shall terminate on October 1, 2026.

SEC. 1246. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.

It is the sense of Congress that—

(1) the Taiwan Relations Act (Public Law 96–8; 22 U.S.C.

3301 et seq.) and the Six Assurances provided by the United

States to Taiwan in July 1982 are the foundation for United

States-Taiwan relations;

(2) as set forth in the Taiwan Relations Act, the United

States decision to establish diplomatic relations with the Peo-

ple’s Republic of China rests upon the expectation that the

future of Taiwan will be determined by peaceful means, and

that any effort to determine the future of Taiwan by other

than peaceful means, including boycotts and embargoes, is of

grave concern to the United States;

(3) the increasingly coercive and aggressive behavior of

the People’s Republic of China towards Taiwan is contrary

to the expectation of a peaceful resolution of the future of

Taiwan;

22 USC 3301

note.

10 USC 113 note.

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135 STAT. 1987 PUBLIC LAW 117–81—DEC. 27, 2021

(4) as set forth in the Taiwan Relations Act, the capacity

of the United States to resist any resort to force or other

forms of coercion that would jeopardize the security, or the

social or economic system, of the people on Taiwan and the

policy of the United States to make available to Taiwan such

defense articles and defense services in such quantities as

may be necessary to enable Taiwan to maintain a sufficient

self-defense capability should be maintained; and

(5) the United States should continue to support the

development of capable, ready, and modern defense forces nec-

essary for Taiwan to maintain a sufficient self-defense capa-

bility, including by—

(A) supporting acquisition by Taiwan of defense articles

and services through foreign military sales, direct commer-

cial sales, and industrial cooperation, with an emphasis

on capabilities that support the asymmetric defense

strategy of Taiwan;

(B) ensuring timely review of and response to requests

by Taiwan for defense articles and services;

with Taiwan, including, as appropriate, inviting Taiwan

to participate in the Rim of the Pacific exercise conducted

in 2022, that enable Taiwan to maintain a sufficient self-

defense capability, as described in the Taiwan Relations

Act;

(D) deepening interoperability with Taiwan in defen-

sive capabilities, including maritime and air domain aware-

ness and integrated air and missile defense systems;

(E) encouraging exchanges between defense officials

and officers of the United States and Taiwan at the stra-

tegic, policy, and functional levels, consistent with the

Taiwan Travel Act (Public Law 115-135; 132 Stat. 341),

especially for the purposes of—

(i) enhancing cooperation on defense planning;

(ii) improving the interoperability of the military

forces of the United States and Taiwan; and

(iii) improving the reserve force of Taiwan;

(F) identifying improvements in Taiwan’s ability to

use asymmetric military capabilities to enhance its defen-

sive capabilities, as described in the Taiwan Relations Act;

and

(G) expanding cooperation in humanitarian assistance

and disaster relief.

SEC. 1247. STATEMENT OF POLICY ON TAIWAN.

(a) S

TATEMENT OF

OLICY

.—Consistent with the Taiwan Rela-

tions Act (22 U.S.C. 3301 et. seq.), it shall be the policy of the

United States to maintain the capacity of the United States to

resist a fait accompli that would jeopardize the security of the

people on Taiwan.

(b) D

EFINITION

.—In this section, the term ‘‘fait accompli’’ refers

to the resort to force by the People’s Republic of China to invade

and seize control of Taiwan before the United States can respond

effectively.

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135 STAT. 1988 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1248. ANNUAL REPORT ON TAIWAN ASYMMETRIC CAPABILITIES

AND INTELLIGENCE SUPPORT.

(a) I

ENERAL

.—The Secretary of Defense, in coordination

with the heads of other relevant Federal departments and agencies,

shall each year through fiscal year 2027, consistent with the Taiwan

Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), perform an

annual assessment of matters related to Taiwan, including intel-

ligence matters, Taiwan’s asymmetric defensive capabilities, and

how defensive shortcomings or vulnerabilities of Taiwan could be

mitigated through cooperation, modernization, or integration. At

a minimum, the assessment shall include the following:

(1) An intelligence assessment regarding—

(A) conventional military threats to Taiwan from

China, including exercises intended to intimidate or coerce

Taiwan; and

(B) irregular warfare activities, including influence

operations, conducted by China to interfere in or undermine

the peace and stability of the Taiwan Strait.

(2) The current defensive asymmetric capabilities of Taiwan

and the ability of Taiwan to defend itself from external conven-

tional and irregular military threats.

(3) The interoperability of current and future defensive

asymmetric capabilities of Taiwan with the military capabilities

of the United States and its allies and partners.

(4) The plans, tactics, techniques, and procedures underpin-

ning the defensive asymmetric capabilities of Taiwan.

(5) A description of additional personnel, resources, and

authorities in Taiwan or in the United States that may be

required to meet any shortcomings in the development of Tai-

wan’s defensive capabilities identified pursuant to this section.

(6) The applicability of Department of Defense authorities

for improving the defensive asymmetric capabilities of Taiwan

in accordance with the Taiwan Relations Act.

(7) The feasibility and advisability of assisting Taiwan

in the domestic production of defensive asymmetric capabilities,

including through the transfer of intellectual property, co-

development, or co-production arrangements.

(8) An assessment of ways in which the United States

could enhance cooperation with on intelligence matters with

Taiwan.

(9) A description of any non-Department of Defense efforts

by the United States Government to build the capacity of

Taiwan to disrupt external efforts that degrade its free and

democratic society.

(10) A description of any significant efforts by the Defense

Intelligence Enterprise and other elements of the intelligence

community to coordinate technical and material support for

Taiwan to identify, disrupt, and combat influence operations

referred to in this subsection.

(11) Any other matter the Secretary of Defense considers

appropriate.

(b) P

LAN

.—The Secretary of Defense, in coordination with the

heads of other relevant Federal departments and agencies, shall

develop a plan for assisting Taiwan in improving its defensive

asymmetric capabilities and addressing vulnerabilities identified

pursuant to subsection (a) that includes—

Assessment.

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135 STAT. 1989 PUBLIC LAW 117–81—DEC. 27, 2021

(1) recommendations for new Department of Defense

authorities, or modifications to existing Department authorities,

necessary to improve the defensive asymmetric capabilities of

Taiwan in accordance with the Taiwan Relations Act (Public

Law 96-8; 22 U.S.C. 3301 et seq.);

(2) an identification of opportunities for key leader and

subject matter expert engagement between Department per-

sonnel and military and civilian counterparts in Taiwan; and

(3) an identification of challenges and opportunities for

leveraging non-Department authorities, resources, and capabili-

ties to improve the defensive asymmetric capabilities of Taiwan

in accordance with the Taiwan Relations Act.

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, and annually through fiscal year 2027, the

Secretary of Defense shall submit to the appropriate committees

of Congress—

(1) a report on the results of the assessment required

by subsection (a); and

(2) the plan required by subsection (b).

(d) F

ORM

.—The report required by subsection (c) shall be sub-

mitted in unclassified form, but may include a classified annex.

(e) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate committees of Congress’’ means—

(A) the Committee on Armed Services, the Committee

on Foreign Relations, and the Select Committee on Intel-

ligence of the Senate; and

(B) the Committee on Armed Services, the Committee

on Foreign Affairs, and the Permanent Select Committee

on Intelligence of the House of Representatives.

(2) The term ‘‘defensive asymmetric capabilities’’ means

the capabilities necessary to defend Taiwan against conven-

tional external threats, including coastal defense missiles, naval

mines, anti-aircraft capabilities, cyber defenses, and special

operations forces.

SEC. 1249. FEASIBILITY BRIEFING ON COOPERATION BETWEEN THE

NATIONAL GUARD AND TAIWAN.

(a) I

ENERAL

.—Not later than February 15, 2022, the Sec-

retary of Defense shall provide to the congressional defense commit-

tees a briefing on the feasibility and advisability of enhanced

cooperation between the National Guard and Taiwan.

(b) E

LEMENTS

.—The briefing required by subsection (a) shall

include the following:

(1) A description of the cooperation between the National

Guard and Taiwan during the preceding calendar year,

including mutual visits, exercises, training, and equipment

opportunities.

(2) An evaluation of the feasibility of enhancing cooperation

between the National Guard and Taiwan on a range of activi-

ties, including—

(A) disaster and emergency response;

(B) cyber defense and communications security;

(D) Mandarin-language education and cultural

exchange; and

Evaluation.

Deadline.

Assessment.

Recommenda-

tions.

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135 STAT. 1990 PUBLIC LAW 117–81—DEC. 27, 2021

(E) programs for National Guard advisors to assist

in training the reserve components of the military forces

of Taiwan.

(3) Recommendations to enhance such cooperation and

improve interoperability, including through familiarization

visits, cooperative training and exercises, and co-deployments.

(4) Any other matter the Secretary of Defense considers

appropriate.

SEC. 1250. FEASIBILITY REPORT ON ESTABLISHING MILITARY-TO-MILI-

TARY CRISIS COMMUNICATIONS CAPABILITIES.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense, in coordination

with the heads of other relevant Federal departments and agencies,

shall submit to the appropriate committees of Congress a report

on the feasibility and advisability of establishing military-to-mili-

tary communications with a covered strategic competitor.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include the following:

(1) An articulation of—

(A) the importance of military-to-military communica-

tions with a covered strategic competitor; and

(B) the utility of such communications to enable clear

transmission of messages from the government of the

United States, avoid misunderstandings, and reduce the

possibility of miscalculation.

(2) A description of the current process and capabilities

relating to communications with a covered strategic competitor,

including the means, levels of seniority, and timelines for such

communications.

(3) An identification of opportunities for improving military-

to-military crisis communications with a covered strategic

competitor, including the preferred means, levels of seniority,

and timelines for such communications.

(4) An identification of challenges to establishing more

military-to-military communications with a covered strategic

competitor.

(5) Any other matter the Secretary of Defense considers

appropriate.

EFINITIONS

.—In this section:

(1) The term ‘‘covered strategic competitor’’ means a near-

peer country identified by the Secretary of Defense and National

Defense Strategy.

(2) The term ‘‘appropriate committees of Congress’’ means—

(A) the Committee on Armed Services, the Committee

on Appropriations, and the Committee on Foreign Relations

of the Senate; and

(B) the Committee on Armed Services, the Committee

on Appropriations, and the Committee on Foreign Affairs

of the House of Representatives.

SEC. 1251. COMPARATIVE ANALYSES AND REPORTS ON EFFORTS BY

THE UNITED STATES AND THE PEOPLE’S REPUBLIC OF

CHINA TO ADVANCE CRITICAL MODERNIZATION TECH-

NOLOGY WITH RESPECT TO MILITARY APPLICATIONS.

(a) C

OMPARATIVE

NALYSES

.—

(1) D

EVELOPMENT OF PROCEDURES

.—

Deadline.

Recommenda-

tions.

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135 STAT. 1991 PUBLIC LAW 117–81—DEC. 27, 2021

(A) I

N GENERAL

.—Not later than 270 days after the

date of the enactment of this Act, the Under Secretary

of Defense for Research and Engineering, in coordination

with the Director of the Office of Net Assessment, shall

develop procedures by which comparative analyses,

including the assessments under paragraph (2), shall be

conducted.

(B) E

LEMENTS

.—The procedures developed under

subparagraph (A)—

(i) shall include processes—

(I) by which senior officials of the Department

of Defense may request that such comparative

analyses be conducted with respect to a specific

technology, sector, or system of interest;

(II) by which teams of technical, industrial,

policy, intelligence, and operational experts con-

sisting of personnel of the Department and private

sector organizations may be established for the

purpose of conducting such comparative analyses;

(III) to ensure adequate funding to support

the conduct of such comparative analyses; and

(IV) by which classified and unclassified

information, including necessary data, records, and

technical information, may be shared with Depart-

ment personnel for the purpose of carrying out

such comparative analyses; and

(ii) may include the development of quantitative

and qualitative metrics for use in, and new intelligence

collection requirements to support, such comparative

analyses.

(2) C

OMPARATIVE ANALYSIS ASSESSMENTS

.—

(A) I

N GENERAL

.—The Under Secretary, in coordination

with the Director of the Office of Net Assessment, shall

conduct a comparative analysis assessment of the efforts

of the United States Government and the Government

of the People’s Republic of China to develop and deploy

critical modernization technology with respect to military

applications in each of the following areas of critical mod-

ernization technology:

(i) Directed energy systems.

(ii) Hypersonics.

(iii) Emerging biotechnologies.

(iv) Quantum science.

(v) Cyberspace capabilities.

(B) E

LEMENTS

.—Each comparative analysis assessment

under subparagraph (A) shall include an evaluation of each

of the following:

(i) With respect to the applicable area of critical

modernization technology described in subparagraph

(A), research and development activities carried out

in the United States and the People’s Republic of China

by governmental entities and nongovernmental enti-

ties.

(ii) The ability of research programs carried out

by the United States Government and the Government

of the People’s Republic of China to achieve the goals

of—

Deadline.

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135 STAT. 1992 PUBLIC LAW 117–81—DEC. 27, 2021

(I) transitioning emerging technologies into

acquisition efforts and operational use; and

(II) incorporating emerging technologies into

military applications.

(iii) Operational effectiveness and suitability of

current or planned defense systems of the United

States and the People’s Republic of China, including

relevant operational concepts relating to the applica-

tion and operationalization of critical modernization

technologies.

(iv) The ability of defense systems of the United

States and the People’s Republic of China to counter

relevant threat capabilities.

(b) R

EPORTS

.—

(1) I

NITIAL REPORT

.—Not later than March 15, 2022, the

Under Secretary shall submit a report and provide a briefing

to the congressional defense committees on efforts to develop

the procedures required by subsection (a)(1).

(2) S

UBSEQUENT REPORTS

.—

(A) D

IRECTED ENERGY SYSTEMS AND HYPERSONICS

.—

Not later than December 31, 2023, the Under Secretary

shall submit to the congressional defense committees a

report on the results of the comparative analysis assess-

ments conducted under clauses (i) and (ii) of subsection

(a)(2)(A).

(B) E

MERGING BIOTECHNOLOGIES

QUANTUM SCIENCE

AND CYBERSPACE CAPABILITIES

.—Not later than December

31, 2024, the Under Secretary shall submit to the congres-

sional defense committees a report on the results of the

comparative analysis assessments conducted under clauses

(iii), (iv), and (v) of subsection (a)(2)(A).

LEMENTS

.—The reports required by subpara-

graphs (A) and (B) shall include the following for each

such comparative analysis assessment:

(i) The results of the evaluation of each element

described in subsection (a)(2)(B).

(ii) An analysis of significant research and develop-

ment programs and activities outside the United States

or the People’s Republic of China designed to advance

the applicable area of critical modernization technology

described in subsection (a)(2)(A), and a discussion of

such programs and activities.

(iii) With respect to each such area of critical mod-

ernization technology, an identification of any area

in which the degree of uncertainty due to an insuffi-

cient knowledge base is such that an analysis of

whether the United States or the People’s Republic

of China has an advantage would be inconclusive.

(iv) A description of the limitations, constraints,

and challenges encountered in carrying out the

comparative analysis assessment.

(v) A description of any other research and develop-

ment efforts or elements the Under Secretary considers

appropriate for purposes of the comparative analysis

assessment.

Assessment.

Analysis.

Assessment.

Assessments.

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135 STAT. 1993 PUBLIC LAW 117–81—DEC. 27, 2021

(vi) Recommendations with respect to additional

activities by the Department necessary to address the

findings of the comparative analysis assessment.

(D) F

ORM

.—The reports required by subparagraphs (A)

and (B) shall be submitted in unclassified form but may

contain a classified annex.

GREEMENT

ITH A

EDERALLY

UNDED

ESEARCH AND

EVELOPMENT

ORPORATION

UTHORIZED

.—

(1) I

N GENERAL

.—The Under Secretary may enter into an

agreement with a federally funded research and development

corporation under which such corporation may—

(A) carry out any part of a comparative analysis assess-

ment required by subsection (a); or

(B) prepare the reports required by subsection (b)(2).

(2) N

OTIFICATION

.—If the Under Secretary enters into an

agreement under paragraph (1), the Under Secretary shall

submit to the congressional defense committees a report that—

(A) identifies the federally funded research and

development corporation concerned; and

(B) describes the scope of work under the agreement.

SEC. 1252. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PART-

NERSHIPS IN THE INDO-PACIFIC REGION.

It is the sense of Congress that the Secretary of Defense should

recommit to and strengthen United States defense alliances and

partnerships in the Indo-Pacific region so as to further the compara-

tive advantage of the United States in strategic competition with

the People’s Republic of China, including by—

(1) enhancing cooperation with Japan, consistent with the

Treaty of Mutual Cooperation and Security Between the United

States of America and Japan, including by developing advanced

military capabilities, fostering interoperability across all

domains, and improving sharing of information and intelligence;

(2) reinforcing the United States alliance with the Republic

of Korea and maintaining the presence of approximately 28,500

members of the United States Armed Forces deployed to the

country, consistent with the Mutual Defense Treaty Between

the United States and the Republic of Korea, in support of

the shared objective of a peaceful and stable Korean Peninsula;

(3) fostering bilateral and multilateral cooperation with

Australia, consistent with the Australia, New Zealand, United

States Security Treaty, to advance shared security objectives

and build the capabilities of emerging partners;

(4) advancing United States alliances with the Philippines

and Thailand and United States partnerships with other part-

ners in the Association of Southeast Asian Nations to enhance

maritime domain awareness, promote sovereignty and terri-

torial integrity, and collaborate on vetting Chinese investments

in strategic technology sectors and critical infrastructure;

(5) broadening the engagement of the United States with

India, including through the Quadrilateral Security Dialogue—

(A) to advance the shared objective of a free and open

Indo-Pacific region through bilateral and multilateral

engagements and participation in military exercises,

expanded defense trade, and collaboration on humanitarian

aid and disaster response; and

Assessment.

Recommenda-

tions.

Assessment.

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135 STAT. 1994 PUBLIC LAW 117–81—DEC. 27, 2021

(B) to enable greater cooperation on maritime security

and the threat of global pandemics, including COVID–

19;

(6) strengthening the United States partnership with

Taiwan, consistent with the Three Communiques, the Taiwan

Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and

the Six Assurances, with the goal of improving Taiwan’s asym-

metric defensive capabilities and promoting peaceful cross-

strait relations;

(7) reinforcing the status of the Republic of Singapore as

a Major Security Cooperation Partner of the United States

and continuing to strengthen defense and security cooperation

between the military forces of the Republic of Singapore and

the Armed Forces of the United States, including through

participation in combined exercises and training, including the

use of the Foreign Military Sales Training Center at Ebbing

Air National Guard Base in Fort Smith, Arkansas and a fighter

training detachment in Guam;

(8) engaging with the Federated States of Micronesia, the

Republic of the Marshall Islands, and the Republic of Palau

with the goal of strengthening regional security and addressing

issues of mutual concern, including protecting fisheries from

illegal, unreported and unregulated fishing; and

(9) investing in enhanced military posture and capabilities

in the United States Indo-Pacific Command area of responsi-

bility and strengthening cooperation in bilateral relationships,

multilateral partnerships, and other international fora to

uphold global security and shared principles, with the goal

of ensuring the maintenance of a free and open 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, in-

cluding 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.

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.

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135 STAT. 1995 PUBLIC LAW 117–81—DEC. 27, 2021

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 sta-

bilization 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 pres-

ence and influence in Latin America and the Caribbean.

Sec. 1339. Extension of prohibition on in-flight refueling to non-United States air-

craft 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.

Subtitle A—Matters Relating to Europe

and NATO

SEC. 1301. SENSE OF CONGRESS ON NORTH ATLANTIC TREATY

ORGANIZATION ALLIES AND PARTNERS.

It is the sense of Congress as follows:

(1) The North Atlantic Treaty Organization (NATO)

remains the strongest and most successful military alliance

in the world, founded on a commitment by its members to

uphold the principles of democracy, individual liberty, and the

rule of law, and its contributions to the collective defense are

indispensable to the security, prosperity, and freedom of its

members.

(2) The success of NATO is critical to achieving United

States national security objectives in Europe and around the

world, including deterring Russian aggression, upholding terri-

torial integrity and sovereignty in Europe, addressing strategic

competition and mitigating shared security concerns, countering

malign efforts to undermine the rules-based international order

and disrupt shared values, and fostering international coopera-

tion against collective challenges.

(3) The United States reaffirms its ironclad commitment

to NATO as the foundation of transatlantic security and to

uphold its obligations under the North Atlantic Treaty,

including Article 5 of the Treaty, and remains steadfastly com-

mitted to upholding and strengthening its defense alliances

and partnerships in the European theater.

(4) The commitment of NATO allies in response to the

invocation of Article 5 of the North Atlantic Treaty following

attacks on the United States homeland on September 11, 2001,

and during years of counterterrorism, humanitarian, and sta-

bilization operations in Afghanistan has been invaluable, and

the sacrifices of NATO allies deserve the highest order of

respect and gratitude.

(5) The national security challenges posed by the Russian

Government against NATO allies and partners are of grave

concern to the United States and a top NATO defense priority.

Since the invasion of Ukraine in 2014, the Russian Government

has not improved its behavior and has, in many aspects, become

increasingly belligerent. Aggression against NATO allies and

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135 STAT. 1996 PUBLIC LAW 117–81—DEC. 27, 2021

United States partners is unacceptable, and Russia’s willing-

ness to engage in far-reaching, risky actions contrary to the

international order poses major risks to United States national

security interests that must be met with sustained engagement,

investment in credible deterrence, and vigilance.

(6) The United States should continue to deepen coopera-

tion on defense issues with non-NATO European partners, bilat-

erally and as part of the NATO alliance, encourage security

sector cooperation between NATO and non-NATO defense part-

ners that complements and strengthens shared security goals,

interoperability, and allies’ commitment to Article 3 of the

North Atlantic Treaty, build on recent progress in NATO allies

achieving defense spending goals agreed to at the 2014 Wales

Summit and reaffirmed at the 2016 Warsaw Summit and the

2021 Brussels Summit, and build consensus to plan, organize,

and invest in the full range of defense capabilities necessary

to deter and defend against potential adversaries.

(7) The United States should continue to enhance United

States and allied force posture in Europe in order to establish

and sustain a credible deterrent against Russian aggression

and long-term strategic competition by the Russian Govern-

ment, including continued robust support for the European

Deterrence Initiative and other investments, ongoing use of

rotational deployments and robust exercises in the European

theater, improved forward-stationing of forces to enhance deter-

rence and reduce cost, additional planning and efforts to miti-

gate contested logistics challenges, implementation of key initia-

tives to enhance readiness, military mobility, and national resil-

ience, and effective investments in multi-service, cyber,

information, and air defense efforts to counter modern military

challenges.

(8) Following the end of the Resolute Support Mission

in Afghanistan, it is essential that the United States consider

ways to continue the benefits of combined interaction alongside

NATO allies and United States partners to continue strength-

ening interoperability and cooperation.

(9) The Black Sea is a strategically significant region to

United States interests and to the security of United States

allies and partners, especially in light of Russia’s actions in

the region and illegal occupation of territory. The United States

should continue security cooperation efforts, exercises, and

training with regional allies and partners, regional posture

enhancements, and support for those allies’ and partners’ pur-

suit of their own defenses, as well as joint efforts that enhance

interoperability and information sharing.

(10) Enhancing security and stability in the Western Bal-

kans is a goal that the United States shares with European

allies and partners. The United States should continue its

efforts to build interoperability and support institutional

reforms of the militaries of the Western Balkan nations,

including both NATO allies and partners. The United States

should also support those nations’ efforts to resist

disinformation campaigns, predatory investments, efforts to

promote instability, and other means by which Russia and

China may seek to influence this region of Europe.

(11) Estonia, Latvia, and Lithuania are model allies and

play a critical role in strategic efforts to ensure continued

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135 STAT. 1997 PUBLIC LAW 117–81—DEC. 27, 2021

deterrence against aggression by Russia and maintain the

collective security of the NATO alliance. The security of the

Baltic region is crucial to the security of the NATO alliance.

(12) The United States should continue to pursue efforts

consistent with the comprehensive, multilateral Baltic Defense

Assessment of the military requirements of Estonia, Latvia,

and Lithuania issued in December 2020. Robust support to

accomplish United States strategic objectives, including by pro-

viding assistance to the Baltic countries through security

cooperation referred to as the Baltic Security Initiative pursu-

ant to sections 332 and 333 of title 10, United States Code,

should be prioritized in the years to come. Specifically, the

continuation of—

(A) efforts to enhance interoperability among Estonia,

Latvia, and Lithuania and in support of NATO efforts;

(B) infrastructure and other host-country support

improvements that will enhance United States and allied

military mobility across the region;

cyber defenses in Estonia, Latvia, and Lithuania; and

(D) support for planning and budgeting efforts of

Estonia, Latvia, and Lithuania that are regionally syn-

chronized.

SEC. 1302. REPORT ON ARMENIA-AZERBAIJAN CONFLICT.

(a) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense, in consultation

with the heads of other Federal departments and agencies as appro-

priate, shall submit to the relevant congressional committees a

report on the 2020 conflict between Armenia and Azerbaijan.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include the following:

(1) An assessment of the use of United States weapon

systems or controlled technology that were employed in the

2020 conflict, including a list of the origins of such items,

if known.

(2) A description of the involvement of foreign actors in

the conflict, including a description of the military activities,

influence operations, foreign military sales, and diplomatic

engagement by foreign countries before, during, and after the

conflict, and efforts by parties to the conflict or foreign actors

to recruit or employ foreign fighters or private military

organizations during the conflict. Such description may include

a classified annex, if necessary.

(3) Any violations of the November 9, 2020, agreement,

including the continued detention of prisoners of war or cap-

tured civilians.

(4) Any other matter the Secretary considers appropriate.

ELEVANT

ONGRESSIONAL

OMMITTEES

.—In this section,

the term ‘‘relevant congressional committees’’ means the Committee

on Foreign Affairs and Committee on Armed Services of the House

of Representatives and the Committee on Foreign Relations and

Committee on Armed Services of the Senate.

(d) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the parties to the conflict must adhere to their obliga-

tions under the November 9, 2020, agreement and international

Assessment.

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135 STAT. 1998 PUBLIC LAW 117–81—DEC. 27, 2021

law, including to immediately release all prisoners of war and

captured civilians;

(2) the parties to the conflict must refrain from the use

of force and threats to use force in pursuit of diplomatic resolu-

tions to any outstanding disputes; and

(3) the United States should engage with parties to the

conflict, including redoubling engagement with the Minsk

Group, to make clear the importance of adhering to these

obligations and advance diplomatic progress.

SEC. 1303. REPORT ON THE STATE OF UNITED STATES MILITARY

INVESTMENT IN EUROPE, INCLUDING THE EUROPEAN

DETERRENCE INITIATIVE.

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 assessing the current state of United

States defense investment in Europe, with particular focus on

United States military infrastructure requirements, including the

European Deterrence Initiative. Such report shall include the fol-

lowing elements:

(1) An assessment of the progress made by the Department

of Defense toward achieving the stated objectives of the Euro-

pean Deterrence Initiative (EDI) over its lifetime, and the

extent to which EDI funding has aligned with such objectives.

(2) An assessment of the current state of the United States

defense posture in Europe.

(3) An assessment of further investments required to

improve United States military mobility in the United States

European Command area of responsibility, including efforts

to—

(A) address contested logistics; and

(B) improve physical impediments and regulatory chal-

lenges to movement by air, rail, road, or waterway across

such area of responsibility.

(4) An assessment of the current state of United States

prepositioned stocks in Europe, including a description of both

completed and underway projects, timelines for completion of

underway projects, and estimated sustainment costs upon

completion of such projects.

(5) An assessment of the current state of United States

munitions in Europe, including the adequacy to satisfy United

States needs in a European contingency, and a description

of any plans to adjust munitions stocks.

(6) An assessment of the current state of United States

antisubmarine warfare assets, organization, and resources in

the United States European Command and Second Fleet areas

of responsibility, including—

(A) the sufficiency of such assets, organization, and

resources to counter Russian submarine threats; and

(B) the sufficiency of United States sonobuoy stocks,

antisubmarine warfare platforms, and undersea sensing

equipment.

(7) An assessment of the current state of the United States

naval presence in the United States European Command area

of responsibility and the ability of such presence to respond

to future challenges in the Black Sea, Mediterranean Sea,

and Arctic region, including a description of any future plans

Assessments.

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135 STAT. 1999 PUBLIC LAW 117–81—DEC. 27, 2021

regarding increased naval force structure forward stationed

in Europe and associated timelines.

(8) An assessment of the current state of United States

Air Force operational planning and resourcing in the European

theater, including the current state of prepositioned Air Force

equipment, activities, and relevant infrastructure.

(9) An assessment of the current state of United States

defense information operations capabilities dedicated to the

United States European Command area of responsibility, and

any defense resources required or policies needed to strengthen

such capabilities.

(10) An assessment of all purchases, investments, and

expenditures made by any Armed Force under the jurisdiction

of the Secretary of a military department and identified as

part of the EDI, since its inception, that have been diverted

for purposes or uses other than the objectives of the EDI,

including a list of all purchases, investments, and expenditures

that were requested to support the EDI since its inception

that were not ultimately employed for the objectives of the

EDI and the respective dollar values of such purchaes, invest-

ments, and expenditures.

(11) An assessment of the current state of EDI military

construction efforts in Europe.

(12) An assessment of United States European Command’s

planned exercise schedule in coming years, the estimated

resourcing requirements to fulfill such schedule, and what

percentage of such resourcing is expected to come from EDI.

(13) Any other information the Secretary determines rel-

evant.

Subtitle B—United States-Greece Defense

and Interparliamentary Partnership Act

of 2021

SEC. 1311. SENSE OF CONGRESS.

It is the sense of Congress that—

(1) Greece is a pillar of stability in the Eastern Mediterra-

nean region and the United States should remain committed

to supporting its security and prosperity;

(2) the 3+1 format of cooperation among Cyprus, Greece,

Israel, and the United States has been a successful forum

to cooperate on energy issues and should be expanded to include

other areas of common concern to the members;

(3) the United States should increase and deepen efforts

to partner with and support the modernization of the Greek

military;

(4) it is in the interests of the United States that Greece

continue to transition its military equipment away from Rus-

sian-produced platforms and weapons systems through the

European Recapitalization Incentive Program;

(5) the naval partnerships with Greece at Souda Bay and

Alexandroupolis are mutually beneficial to the national security

of the United States and Greece;

(6) the United States should, as appropriate, support the

sale of F–35 Joint Strike Fighters to Greece;

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135 STAT. 2000 PUBLIC LAW 117–81—DEC. 27, 2021

(7) the United States Government should continue to invest

in International Military Education and Training programs

in Greece;

(8) the United States Government should support joint

maritime security cooperation exercises with Cyprus, Greece,

and Israel;

(9) in accordance with its legal authorities and project

selection criteria, the United States Development Finance Cor-

poration should consider supporting private investment in stra-

tegic infrastructure projects in Greece, to include shipyards

and ports that contribute to the security of the region and

Greece’s prosperity;

(10) the extension of the Mutual Defense Cooperation

Agreement with Greece for a period of five years includes

deepened partnerships at Greek military facilities throughout

the country and is a welcome development; and

(11) the United States Government should establish the

United States-Eastern Mediterranean Energy Center, as

authorized by section 204 of the Eastern Mediterranean Energy

and Security Partnership Act of 2019 (22 U.S.C. 2373 note).

SEC. 1312. FUNDING FOR THE EUROPEAN RECAPITALIZATION INCEN-

TIVE PROGRAM.

(a) I

ENERAL

.—To the maximum extent feasible, amounts

appropriated or otherwise made available for the European

Recapitalization Incentive Program should be considered for Greece

as appropriate to assist the country in meeting its defense needs

and transitioning away from Russian-produced military equipment.

(b) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of State shall submit to the

appropriate congressional committees a report that provides a full

accounting of all funds distributed under the European Recapitaliza-

tion Incentive Program, including—

(1) identification of each recipient country;

(2) a description of how the funds were used; and

(3) an accounting of remaining equipment in recipient coun-

tries that was provided by the then-Soviet Union or Russian

Federation.

SEC. 1313. SENSE OF CONGRESS ON LOAN PROGRAM.

It is the sense of Congress that, as appropriate, the United

States Government should provide direct loans to Greece for the

procurement of defense articles, defense services, and design and

construction services pursuant to the authority of section 23 of

the Arms Export Control Act (22 U.S.C. 2763) to support the further

development of Greece’s military forces.

SEC. 1314. SENSE OF CONGRESS ON TRANSFER OF F–35 JOINT STRIKE

FIGHTER AIRCRAFT TO GREECE.

It is the sense of Congress that the President has the authority

to expedite delivery of any future F–35 aircraft to Greece once

Greece is prepared to move forward with such a purchase on such

terms and conditions as the President may require, pursuant to

the certification requirements under section 36 of the Arms Export

Control Act (22 U.S.C. 2776).

22 USC 2373

note.

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135 STAT. 2001 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1315. IMET COOPERATION WITH GREECE.

For each of fiscal years 2022 through 2026, there is authorized

to be appropriated $1,800,000 for International Military Education

and Training assistance for Greece, which may be made available

for the following purposes:

(1) Training of future leaders.

(2) Fostering a better understanding of the United States.

(3) Establishing a rapport between the United States

Armed Forces and Greece’s military to build partnerships for

the future.

(4) Enhancement of interoperability and capabilities for

joint operations.

(5) Focusing on professional military education, civilian

control of the military, and protection of human rights.

SEC. 1316. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1

INTERPARLIAMENTARY GROUP.

(a) E

STABLISHMENT

.—There is established a group, to be known

as the ‘‘Cyprus, Greece, Israel, and the United States 3+1 Inter-

parliamentary Group’’, to serve as a legislative component to the

3+1 process launched in Jerusalem in March 2019.

(b) M

EMBERSHIP

.—The Cyprus, Greece, Israel, and the United

States 3+1 Interparliamentary Group shall include a group of not

more than 6 United States Senators, to be known as the ‘‘United

States group’’, who shall be appointed in equal numbers by the

majority leader and the minority leader of the Senate. The majority

leader and the minority leader of the Senate shall also serve as

ex officio members of the United States group.

EETINGS

.—Not less frequently than once each year, the

United States group shall meet with members of the 3+1 group

to discuss issues on the agenda of the 3+1 deliberations of the

Governments of Greece, Israel, Cyprus, and the United States to

include maritime security, defense cooperation, energy initiatives,

and countering malign influence efforts by the People’s Republic

of China and the Russian Federation.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—

(1) I

N GENERAL

.—There is authorized to be appropriated

$100,000 for each fiscal year to assist in meeting the expenses

of the United States group.

(2) A

VAILABILITY OF FUNDS

.—Amounts appropriated pursu-

ant to the authorization under this subsection are authorized

to remain available until expended.

(e) T

ERMINATION

.—The Cyprus, Greece, Israel, and the United

States 3+1 Interparliamentary Group shall terminate 4 years after

the date of the enactment of this Act.

SEC. 1317. APPROPRIATE CONGRESSIONAL COMMITTEES.

In this subtitle, the term ‘‘appropriate congressional commit-

tees’’ means—

(1) the Committee on Foreign Relations, the Committee

on Armed Services, and the Committee on Appropriations of

the Senate; and

(2) the Committee on Foreign Affairs, the Committee on

Armed Services, and the Committee on Appropriations of the

House of Representatives.

22 USC 2373

note.

22 USC 261 note

prec.

Time periods.

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135 STAT. 2002 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle C—Security Cooperation and

Assistance

SEC. 1321. CLARIFICATION OF REQUIREMENTS FOR CONTRIBUTIONS

BY PARTICIPANTS IN THE AMERICAN, BRITISH,

CANADIAN, AND AUSTRALIAN ARMIES’ PROGRAM.

Section 1274 of the National Defense Authorization Act for

Fiscal Year 2013 (10 U.S.C. 2350a note) is amended—

(1) by amending subsection (c) to read as follows:

‘‘(c) C

ONTRIBUTIONS BY

ARTICIPANTS

.—

‘‘(1) I

N GENERAL

.—An agreement under subsection (a) shall

provide that—

‘‘(A) the United States, as the host country for the

Program, shall provide office facilities and related office

equipment and supplies for the Program; and

‘‘(B) each participating country shall contribute its

equitable share of the remaining costs for the Program,

including—

‘‘(i) the agreed upon share of administrative costs

related to the Program, except the costs for facilities

and equipment and supplies described in subparagraph

(A); and

‘‘(ii) any amount allocated against the country for

monetary claims as a result of participation in the

Program, in accordance with the agreement.

‘‘(2) E

QUITABLE CONTRIBUTIONS

.—The contributions, as allo-

cated under paragraph (1) and set forth in an agreement under

subsection (a), shall be considered equitable for purposes of

this subsection and section 27(c) of the Arms Export Control

Act (22 U.S.C. 2767(c)).

‘‘(3) A

UTHORIZED CONTRIBUTION

.—An agreement under sub-

section (a) shall provide that each participating country may

provide its contribution in funds, in personal property, in serv-

ices required for the Program, or any combination thereof.

‘‘(4) F

UNDING FOR UNITED STATES CONTRIBUTION

.—Any

monetary contribution by the United States to the Program

that is provided in funds shall be made from funds available

to the Department of Defense for operation and maintenance.

‘‘(5) C

ONTRIBUTIONS AND REIMBURSEMENTS FROM OTHER

PARTICIPATING COUNTRIES

.—

‘‘(A) I

N GENERAL

.—The Secretary of Defense may accept

from any other participating country a contribution or

reimbursement of funds, personal property, or services

made by the participating country in furtherance of the

Program.

‘‘(B) C

REDIT TO APPROPRIATIONS

.—Any contribution or

reimbursement of funds received by the United States from

any other participating country to meet that country’s share

of the costs of the Program shall be credited to the appro-

priations available to the appropriate military department,

as determined by the Secretary of Defense.

‘‘(C) T

REATMENT OF PERSONAL PROPERTY

.—Any con-

tribution or reimbursement of personal property received

under this paragraph may be—

‘‘(i) retained and used by the Program in the form

in which it was contributed;

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135 STAT. 2003 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(ii) sold or otherwise disposed of in accordance

with such terms, conditions, and procedures as the

members of the Program consider appropriate, and

any resulting proceeds shall be credited to appropria-

tions of the appropriate military department, as

described in subparagraph (B); or

‘‘(iii) converted into a form usable by the Program.

‘‘(D) U

SE OF CREDITED FUNDS

.—

‘‘(i) I

N GENERAL

.—Amounts credited under

subparagraph (B) or (C)(ii) shall be—

‘‘(I) merged with amounts in the appropriation

concerned;

‘‘(II) subject to the same conditions and limita-

tions as amounts in such appropriation; and

‘‘(III) available for payment of Program

expenses described in clause (ii).

‘‘(ii) P

ROGRAM EXPENSES DESCRIBED

.—The Program

expenses described in this clause include—

‘‘(I) payments to contractors and other sup-

pliers, including the Department of Defense and

participating countries acting as suppliers, for nec-

essary goods and services of the Program;

‘‘(II) payments for any damages or costs

resulting from the performance or cancellation of

any contract or other obligation in support of the

Program;

‘‘(III) payments or reimbursements for other

Program expenses; or

‘‘(IV) refunds to other participating countries.’’;

and

(2) by striking subsection (g).

SEC. 1322. FOREIGN AREA OFFICER ASSESSMENT AND REVIEW.

(a) F

INDINGS

.—Congress finds the following:

(1) Foreign Area Officers of the Army and their equivalent

positions in the other Armed Forces (in this section referred

to as ‘‘FAOs’’) are trained to manage, grow, and enhance secu-

rity cooperation relationships between the United States and

foreign partners and to build the overall military capacity and

capabilities of foreign partners.

(2) At present, some senior defense official positions in

United States embassies are filled by officers lacking the nec-

essary skills, training, and experience to strengthen the rela-

tionships between the United States and its critical partners

and allies.

(3) FAOs are trained to fill those positions, and deficiencies

in the equitable use, assessment, promotion, diversity and inclu-

sion of such officers, as well as limitations on career opportuni-

ties, undermine the ability of the Department of Defense to

strengthen partnerships and alliances of the United States.

(4) A federally funded research and development center

can provide a roadmap to correcting these deficiencies, strength-

ening the FAO branch, and placing qualified FAOs in positions

of positive influence over United States partnerships and alli-

ances.

(b) A

SSESSMENT AND

EVIEW

EQUIRED

.—

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135 STAT. 2004 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N GENERAL

.—Not later than 60 days after the date

of the enactment of this Act, the Secretary of Defense shall

enter into an agreement with a federally funded research and

development center to conduct an independent assessment and

comprehensive review of the process by which Foreign Area

Officers and their equivalent positions in the other Armed

Forces (in this section referred to as ‘‘FAOs’’) are recruited,

selected, trained, assigned, organized, promoted, retained, and

used in security cooperation offices, senior defense roles in

U.S. embassies, and in other critical roles of engagement with

allies and partners.

(2) E

LEMENTS

.—The assessment and review conducted

under paragraph (1) shall include the following:

(A) Identification and assessment of the number and

location of senior defense official billets, including their

grade structure and availability to FAOs.

(B) A review of the cultural, racial, and ethnic diversity

of FAOs.

(D) A review and assessment of the promotion criteria,

process, and possible pathways for career advancement

for FAOs.

(E) A review of the organization and categorization

of FAOs by geographic region.

(F) An assessment of the training program for FAOs

and its effectiveness.

(G) An assessment of the available career paths for

FAOs.

(H) An assessment of the criteria used to determine

staffing requirements for senior defense official positions

and security cooperation roles for uniformed officers.

(I) A review of the staffing of senior defense official

and security cooperation roles and assessment to determine

whether requirements are being met through the staffing

process.

(J) An assessment of how the broader utilization of

FAOs in key security cooperation and embassy defense

leadership billets would improve the quality and profes-

sionalism of the security cooperation workforce under sec-

tion 384 of title 10, United States Code.

(K) A review of how many FAO opportunities are joint-

qualifying and an assessment of whether increasing the

number of joint-qualified opportunities for FAOs would

increase recruitment, retention, and promotion.

(L) Any other matters the Secretary determines rel-

evant.

ESULTS

.—The federally funded research and development

center conducting the assessment and review described in sub-

section (b) shall submit to the Secretary the results of such assess-

ment and review, which shall include the following:

(1) A summary of the research and activities undertaken

to carry out the assessment required by subsection (b).

(2) Considerations and recommendations, including legisla-

tive recommendations, to achieve the following:

(A) Improving the assessment, promotion, assignment

selection, retention, and diversity of FAOs.

Assessments.

Review.

Deadline.

Assessment.

Review.

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135 STAT. 2005 PUBLIC LAW 117–81—DEC. 27, 2021

(B) Assigning additional FAOs to positions as senior

defense officials.

(d) S

UBMISSION TO

ONGRESS

.—

(1) I

N GENERAL

.—Not later than December 31, 2022, the

Secretary shall submit to the Committees on Armed Services

of the Senate and the House of Representatives—

(A) an unaltered copy of the results submitted pursuant

to subsection (c); and

(B) the written responses of the Secretary and the

Chairman of the Joint Chiefs of Staff to such results.

(2) F

ORM

.—The submission under paragraph (1) shall be

submitted in unclassified form, but may include a classified

annex.

SEC. 1323. STUDY ON CERTAIN SECURITY COOPERATION PROGRAMS.

(a) I

ENERAL

.—Not later than 60 days after the date of

the enactment of this Act, the Secretary of Defense shall enter

into a contract with a federally funded research and development

center with the appropriate expertise and analytical capability to

carry out the study described in subsection (b).

(b) S

TUDY

.—The study described in this subsection shall—

(1) provide for a comprehensive assessment of strategic

and operational lessons collected from the war in Afghanistan

that can be applied to existing and future security cooperation

programs;

(2) identify metrics used in the war in Afghanistan to

measure progress in partner capacity building and defense

institution building and whether such metrics are sufficient

for measuring progress in future security cooperation programs;

(3) assess challenges related to strategic planning for

capacity building, baseline assessments of partner capacity,

and issues related to project sustainment, and recommendations

for how to manage such challenges;

(4) assess Department of Defense coordination with coali-

tion partners engaged in partner capacity building and defense

institution building efforts, and recommendations for how to

improve such coordination;

(5) identify risks posed by rapid expansion or reductions

in security cooperation, and recommendations for how to man-

age such risks;

(6) identify risks posed by corruption in security cooperation

programs and recommendations for how to manage such risks;

(7) assess best practices and training improvements for

managing cultural barriers in partner countries, and rec-

ommendations for how to promote cultural competency;

(8) assess the effectiveness of the Department of Defense

in promoting the rights of women, including incorporating a

gender perspective in security cooperation programs, in accord-

ance with the Women, Peace and Security Strategic Framework

and Implementation Plan issued by the Department of Defense

in June 2020 and the Women, Peace, and Security Act of

2017 (Public Law 115–68);

(9) identify best practices to promote partner country

ownership of long-term objectives of the United States including

with respect to human rights, democratic governance, and the

rule of law;

Assessments.

Deadline.

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135 STAT. 2006 PUBLIC LAW 117–81—DEC. 27, 2021

(10) assess challenges related to contractors of the Depart-

ment of Defense, including cost, limited functions, and over-

sight; and

(11) assess best practices for sharing lessons on security

cooperation with allies and partners.

EPORT

.—

(1) T

O SECRETARY OF DEFENSE

.—Not later than two years

after the date on which a federally funded research and develop-

ment center enters into a contract described in subsection (a),

such center shall submit to the Secretary of Defense a report

containing the results of the study required under this section.

(2) T

O CONGRESS

.— Not later than 30 days after the receipt

of the report under paragraph (1), the Secretary of Defense

shall submit to Congress such report, which shall be made

public, together with any additional views or recommendations

of the Secretary, which may be transmitted in a classified

annex.

SEC. 1324. NOTIFICATION RELATING TO OVERSEAS HUMANITARIAN,

DISASTER, AND CIVIC AID FUNDS OBLIGATED IN SUP-

PORT OF OPERATION ALLIES WELCOME.

Not later than 30 days after the date of the enactment of

this Act and every 120 days thereafter until all applicable funds

have been obligated in support of Operation Allies Welcome or

any successor operation, the Secretary of Defense shall submit

to the congressional defense committees a notification that

includes—

(1) the costs associated with the provision of transportation,

housing, medical services, and other sustainment expenses for

Afghan special immigrant visa applicants and other Afghans

at risk; and

(2) whether such funds were obligated under a reimburs-

able or nonreimbursable basis.

Subtitle D—Other Matters

SEC. 1331. EXTENSION AND MODIFICATION OF AUTHORITY FOR CER-

TAIN PAYMENTS TO REDRESS INJURY AND LOSS.

(a) E

XTENSION

.—Subsection (a) of section 1213 of the National

Defense Authorization Act for Fiscal Year 2020 (Public Law 116–

92; 10 U.S.C. 2731 note) is amended by striking ‘‘December 31,

2022’’ and inserting ‘‘December 31, 2023’’.

(b) M

ODIFICATION TO

ONDITIONS ON

AYMENT

.—Subsection

(b) of such section is amended—

(1) in paragraph (1) to read as follows:

‘‘(1) the prospective foreign civilian recipient is not other-

wise ineligible for payment under any other provision of law;’’;

(2) in paragraph (2), by striking ‘‘a claim’’ and inserting

‘‘a request’’;

(3) in paragraph (4), by striking ‘‘the claimant’’ and

inserting ‘‘the prospective foreign civilian recipient’’; and

(4) in paragraph (5), by striking ‘‘the claimant’’ and

inserting ‘‘the prospective foreign civilian recipient’’.

ODIFICATIONS TO

UARTERLY

EPORT

EQUIREMENT

.—Sub-

section (g) of such section is amended—

Costs.

Deadline.

Time period.

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135 STAT. 2007 PUBLIC LAW 117–81—DEC. 27, 2021

(1) in paragraph (1)(B), by striking ‘‘claims’’ and inserting

‘‘requests’’; and

(2) by adding at the end the following:

‘‘(3) The status of Department of Defense efforts to establish

the requests procedures required under subsection (d)(1) and

to otherwise implement this section.’’.

(d) M

ODIFICATION TO

ROCEDURE TO

UBMIT

EQUESTS

.—Such

section is further amended—

(1) by redesignating subsections (d) through (h) as sub-

sections (e) through (i), respectively; and

(2) by inserting after subsection (c) the following:

‘‘(d) P

ROCEDURES TO

EVIEW

LLEGATIONS

.—

‘‘(1) P

ROCEDURES REQUIRED

.—Not later than 180 days after

the date of enactment of this subsection, the Secretary of

Defense shall establish procedures to receive, evaluate, and

respond to allegations of civilian harm resulting from military

operations involving the United States Armed Forces, a coali-

tion that includes the United States, or a military organization

supporting the United States. Such responses may include—

‘‘(A) a formal acknowledgement of such harm;

‘‘(B) a nonmonetary expression of condolence; or

‘‘(C) an ex gratia payment.

‘‘(2) C

ONSULTATION

.—In establishing the procedures under

paragraph (1), the Secretary of Defense shall consult with the

Secretary of State and with nongovernmental organizations

that focus on addressing civilian harm in conflict.

‘‘(3) P

OLICY UPDATES

.—Not later than one year after the

date of the enactment of this subsection, the Secretary of

Defense shall ensure that procedures established under para-

graph (1) are formalized through updates to the policy referred

to in section 936 of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232;

10 U.S.C. 134 note).’’.

(e) R

ULE OF

ONSTRUCTION

.—Nothing in this section or the

amendments made by this section may be construed to require

the Secretary of Defense to pause, suspend, or otherwise alter

the provision of ex gratia payments in accordance with section

1213 of the National Defense Authorization Act for Fiscal Year

2020, as amended, in the course of developing the procedures

required by subsection (d) of such section (as added by subsection

(d) of this section).

SEC. 1332. SECRETARY OF DEFENSE STRATEGIC COMPETITION INITIA-

TIVE.

(a) I

ENERAL

.—The Secretary of Defense, with the concur-

rence of the Secretary of State, may provide funds for one or

more Department of Defense activities or programs described in

subsection (b) that advance United States national security objec-

tives for strategic competition by supporting Department of Defense

efforts to compete below the threshold of armed conflict and by

supporting other Federal departments and agencies in advancing

United States strategic interests.

(b) A

UTHORIZED

CTIVITIES AND

ROGRAMS

.—Activities and pro-

grams for which funds may be provided under subsection (a) are

the following:

(1) The provision of funds to pay for personnel expenses

of foreign defense or security personnel for bilateral or regional

10 USC 301 note.

10 USC 2731

note.

Deadline.

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135 STAT. 2008 PUBLIC LAW 117–81—DEC. 27, 2021

security cooperation programs and joint exercises, in accordance

with section 321 of title 10, United States Code.

(2) Activities to build the institutional capacity of foreign

national security forces, including efforts to counter corruption,

in accordance with section 332 of title 10, United States Code.

(3) Activities to build the capabilities of the United States

joint force and the security forces of United States allies and

partners relating to irregular warfare.

(4) Activities to expose and disprove foreign malign influ-

ence and disinformation, and to expose and deter coercion and

subversion.

UNDING

.—Amounts made available for activities carried

out pursuant to subsection (a) in a fiscal year may be derived

only from amounts authorized to be appropriated for such fiscal

year for the Department of Defense for operation and maintenance,

Defense-wide.

(d) R

ELATIONSHIP TO

THER

UNDING

.—Any amount provided

by the Secretary of Defense during any fiscal year pursuant to

subsection (a) for an activity or program described in subsection

(b) shall be in addition to amounts otherwise available for that

activity or program for that fiscal year.

(e) U

SE OF

UNDS

.—

(1) L

IMITATIONS

.—Of funds made available under this sec-

tion for any fiscal year—

(A) not more than $20,000,000 in each fiscal year is

authorized to be obligated and expended under this section;

and

(B) not more than $3,000,000 may be used to pay

for personnel expenses under subsection (b)(1).

(2) P

ROHIBITION

.—Funds may not be provided under this

section for any activity that has been denied authorization

by Congress.

(f) A

NNUAL

EPORT

.—Not less frequently than annually, the

Secretary of Defense shall submit to the congressional defense

committees and the Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of Representa-

tives a report on the use of the authority under subsection (a).

(g) P

LAN FOR

TRATEGIC

OMPETITION

NITIATIVE FOR

U.S.

OUTHERN

OMMAND AND

U.S. A

FRICA

OMMAND

.—

(1) I

N GENERAL

.—The Secretary of Defense shall develop

and submit to the congressional defense committees a plan

for an initiative to support programs and activities for strategic

competition in the areas of responsibility of United States

Southern Command and United States Africa Command.

(2) R

EPORT

.—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 the plan developed

under paragraph (1).

(h) T

ERMINATION

.—The authority under subsection (a) shall

terminate on September 30, 2024.

SEC. 1333. EXTENSION AND MODIFICATION OF DEPARTMENT OF

DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES IN

NATIONAL SECURITY INTEREST OF THE UNITED STATES.

Section 1210A of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended—

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135 STAT. 2009 PUBLIC LAW 117–81—DEC. 27, 2021

(1) in subsection (a), by striking ‘‘for the stabilization activi-

ties of other Federal agencies specified in subsection (c)(1)’’

and inserting ‘‘to other Federal agencies specified in subsection

(c)(1) for the stabilization activities of such agencies’’;

(2) in subsection (b), by amending paragraph (1) to read

as follows:

‘‘(1) I

N GENERAL

.—Amounts authorized to be provided

pursuant to this section shall be available only for support

for stabilization activities—

‘‘(A)(i) in a country specified in paragraph (2); and

‘‘(ii) that the Secretary of Defense, with the concurrence

of the Secretary of State, has determined are in the national

security interest of the United States; or

‘‘(B) in a country that—

‘‘(i)(I) has been selected as a priority country under

section 505 of the Global Fragility Act of 2019 (22

U.S.C. 9804); or

‘‘(II) is located in a region that has been selected

as a priority region under section 505 of such Act;

and

‘‘(ii) has Department of Defense resource or per-

sonnel presence to support such activities.’’;

(3) in the first sentence of subsection (c)(1), by striking

‘‘Support may be provided for stabilization activities under

subsection (a)’’ and inserting ‘‘Support under subsection (a)

may be provided’’;

(4) in subsection (g)(1), by striking ‘‘, Defense-wide’’; and

(5) in subsection (h), by striking ‘‘December 31, 2021’’ and

inserting ‘‘December 31, 2023’’.

SEC. 1334. PILOT PROGRAM TO SUPPORT THE IMPLEMENTATION OF

THE WOMEN, PEACE, AND SECURITY ACT OF 2017.

Section 1210E of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283) is amended by—

(1) redesignating subsection (f) as subsection (h); and

(2) by inserting after subsection (e) the following new sub-

sections (f) and (g):

‘‘(f) P

ILOT

ROGRAM

.—

‘‘(1) E

STABLISHMENT

.—The Secretary of Defense, in con-

sultation with the Secretary of State, shall establish and carry

out a pilot program for the purpose of conducting partner

country assessments described in subsection (b)(2).

‘‘(2) C

ONTRACT AUTHORITY

.—The Secretary of Defense, in

consultation with the Secretary of State, shall seek to enter

into one or more contracts with a nonprofit organization or

a federally funded research and development center inde-

pendent of the Department for the purpose of conducting such

partner country assessments.

‘‘(3) S

ELECTION OF COUNTRIES

.—

‘‘(A) I

N GENERAL

.—The Secretary of Defense, in con-

sultation with the commanders of the combatant commands

and relevant United States ambassadors, shall select one

partner country within the area of responsibility of each

geographic combatant command for participation in the

pilot program.

Consultation.

Assessments.

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135 STAT. 2010 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(B) C

ONSIDERATIONS

.—In making the selection under

subparagraph (A), the Secretary of Defense shall consider—

‘‘(i) the demonstrated political commitment of the

partner country to increasing the participation of

women in the security sector; and

‘‘(ii) the national security priorities and theater

campaign strategies of the United States.

‘‘(4) P

ARTNER COUNTRY ASSESSMENTS

.—Partner country

assessments conducted under the pilot program shall be—

‘‘(A) adapted to the local context of the partner country

being assessed;

‘‘(B) conducted in collaboration with the security sector

of the partner country being assessed; and

‘‘(C) based on tested methodologies.

‘‘(5) R

EVIEW AND ASSESSMENT

.—With respect to each

partner country assessment conducted under the pilot program,

the Secretary of Defense, in consultation with the Secretary

of State, shall—

‘‘(A) review the methods of research and analysis used

by any entity contracted with under paragraph (2) in con-

ducting the assessment and identify lessons learned from

such review; and

‘‘(B) assess the ability of the Department to conduct

future partner country assessments without entering into

such a contract, including by assessing potential costs and

benefits for the Department that may arise in conducting

such future assessments.

‘‘(6) F

INDINGS

.—

‘‘(A) I

N GENERAL

.—The Secretary of Defense, in con-

sultation with the Secretary of State, shall use findings

from each partner country assessment to inform effective

security cooperation activities and security sector assist-

ance interventions by the United States in the partner

country assessed, which shall be designed to substantially

increase opportunities for the recruitment, employment,

development, retention, deployment, and promotion of

women in the national security forces of such partner

country (including for deployments to peace operations and

for participation in counterterrorism operations and activi-

ties).

‘‘(B) M

ODEL METHODOLOGY

.—The Secretary of Defense,

in consultation with the Secretary of State, shall develop,

based on the findings of the pilot program, a model barrier

assessment methodology for use across the geographic

combatant commands.

‘‘(7) R

EPORTS

.—

‘‘(A) I

N GENERAL

.—Not later than 2 years after the

date of the enactment of the National Defense Authoriza-

tion Act for Fiscal Year 2022, the Secretary of Defense,

in consultation with the Secretary of State, shall submit

to the appropriate committees of Congress an initial report

on the implementation of the pilot program under this

subsection that includes an identification of the partner

countries selected for participation in the program and

the justifications for such selections.

Consultation.

Assessment.

Review.

Consultation.

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135 STAT. 2011 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(B) M

ETHODOLOGY

.—On the date on which the Sec-

retary of Defense determines the pilot program to be com-

plete, the Secretary of Defense, in consultation with the

Secretary of State, shall submit to the appropriate commit-

tees of Congress a report on the model barrier assessment

methodology developed under paragraph (6)(B).

‘‘(g) B

RIEFING

.—Not later than 1 year after the date of the

enactment of the National Defense Authorization Act for Fiscal

Year 2022, the Director of the Defense Security Cooperation Agency

shall provide to the appropriate committees of Congress a briefing

on the efforts to build partner defense institution and security

force capacity pursuant to this section.’’.

SEC. 1335. ANNUAL REPORT ON COMPREHENSIVE NUCLEAR-TEST-BAN

TREATY SENSORS.

(a) R

EQUIREMENT

.—Not later than 90 days after the date of

the enactment of this Act, and not later than September 1 of

each subsequent year, the Secretary of State shall submit to the

appropriate congressional committees a report on the sensors used

in the international monitoring system of the Comprehensive

Nuclear-Test-Ban Treaty Organization. Each such report shall

include, with respect to the period covered by the report—

(1) the number of incidents where such sensors are dis-

abled, turned off, or experience ‘‘technical difficulties’’; and

(2) with respect to each such incident—

(A) the location of the sensor;

(B) the duration of the incident; and

to believe that the incident was a deliberate act on the

part of the host nation.

(b) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Foreign Affairs and the Committee

on Armed Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee

on Armed Services of the Senate.

SEC. 1336. SECURITY ASSISTANCE IN NORTHERN TRIANGLE COUN-

TRIES.

(a) C

ERTIFICATION

ELATING TO

SSISTANCE FOR

UATEMALA

.—

Prior to the transfer of any vehicles by the Department of Defense

to a joint task force of the Ministry of Defense or Ministry of

the Interior of Guatemala during fiscal year 2022, the Secretary

of Defense shall certify to the congressional defense committees

that such ministries have made a credible commitment to use

such equipment only for the uses for which they were intended.

(b) R

EPORT ON

ECURITY

OOPERATION

ITH

ORTHERN

ANGLE

OUNTRIES

.—

(1) I

N GENERAL

.—Not later than June 30, 2022, the Sec-

retary of Defense shall submit to the congressional defense

committees a report that includes the following:

(A) A description of any ongoing or planned security

cooperation activities between the United States and the

Northern Triangle countries focused on protection of human

rights and adherence to the rule of law.

(B) A description of efforts to investigate credible

information on gross violations of human rights by the

22 USC 2595d.

Deadline.

Determination.

Consultation.

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135 STAT. 2012 PUBLIC LAW 117–81—DEC. 27, 2021

military or national security forces of the governments

of Northern Triangle countries since January 1, 2017, con-

sistent with applicable law, including the possible use in

committing such violations of defense articles provided by

the United States.

(2) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form but may contain a classified

annex.

EPORT

.—

(1) Not later than June 30, 2022, the Comptroller General

shall submit to the congressional defense committees a report

containing an evaluation of the Department of Defense’s end-

use monitoring procedures for tracking credible information

regarding the misuse by Northern Triangle countries of equip-

ment provided by the Department of Defense, including—

(A) the Department’s review of any credible informa-

tion related to the misuse of Department of Defense-pro-

vided vehicles to Northern Triangle countries since 2018;

and

(B) a description of any remediation activities under-

taken by the Department of Defense and Northern Triangle

countries in response to any such misuse.

(d) S

TRATEGIC

VALUATION OF

ECURITY

OOPERATION

ITH

ORTHERN

RIANGLE

OUNTRIES

.—

(1) I

N GENERAL

.—Not later than March 31, 2022, the Sec-

retary of Defense shall enter into an agreement with an appro-

priate federally funded research and development center to

complete an evaluation, not later than June 30, 2024, of Depart-

ment of Defense security cooperation programs in United States

Southern Command area of responsibility that includes—

(A) how such programs in general and in Northern

Triangle countries in particular advance U.S. Southern

Command’s Theater Campaign Plan;

(B) how such programs in general and in Northern

Triangle countries in particular promote the rule of law

and human rights in the United States Southern Command

area of responsibility;

Triangle countries in particular advance the objectives of

the National Defense Strategy; and

(D) any other matters the Secretary deems appropriate.

(2) R

EPORT

.—The Secretary of Defense shall submit to the

congressional defense committees a report that includes the

evaluation completed by the federally funded research and

development center selected pursuant to paragraph (1) within

30 days of receiving such evaluation.

(3) F

ORM

.—The report required by subsection (2) shall be

submitted in unclassified form and posted on the Department

of Defense’s public website, but may contain a classified annex.

(e) N

ORTHERN

RIANGLE

OUNTRIES

EFINED

.—In this section,

the term ‘‘Northern Triangle countries’’ means El Salvador, Guate-

mala, and Honduras.

SEC. 1337. REPORT ON HUMAN RIGHTS IN COLOMBIA.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense, in coordination

Deadlines.

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135 STAT. 2013 PUBLIC LAW 117–81—DEC. 27, 2021

with the Secretary of State, shall submit to the appropriate congres-

sional committees a report that includes the following:

(1) A detailed summary of the security cooperation relation-

ship between the United States and Colombia, including a

description of United States objectives, any ongoing or planned

security cooperation activities with the military or other secu-

rity forces of Colombia, an assessment of the capabilities of

the military or other security forces of Colombia, and a descrip-

tion of the capabilities of the military or other security forces

of Colombia that the Department of Defense has identified

as a priority for further capability building efforts.

(2) A description of any ongoing or planned cooperative

activities between the United States and Colombia focused

on human rights and adherence to the rule of law, and a

description of the manner and extent to which the security

cooperation strategy between the United States and Colombia

seeks to build the institutional capacity of the Colombian mili-

tary or other Colombian security forces to respect human rights

and encourage accountability.

(b) D

EFINITION

.—In this section, the term ‘‘appropriate congres-

sional committees’’ means—

(1) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate.

SEC. 1338. REPORT ON EFFORTS BY THE PEOPLE’S REPUBLIC OF

CHINA TO EXPAND ITS PRESENCE AND INFLUENCE IN

LATIN AMERICA AND THE CARIBBEAN.

(a) R

EPORT

.—Not later than June 30, 2022, the Secretary of

State, in coordination with the Secretary of Defense and in consulta-

tion with the heads of other appropriate Federal departments and

agencies, as necessary, shall submit to the appropriate congressional

committees a report that identifies efforts by the Government of

the People’s Republic of China to expand its presence and influence

in Latin America and the Caribbean through diplomatic, military,

economic, and other means, and describes the implications of such

efforts on the national defense and security interests of the United

States.

(b) E

LEMENTS

.—The report required by subsection (a) shall

also include the following:

(1) An identification of—

(A) the countries of Latin America and the Caribbean

with which the Government of the People’s Republic of

China maintains especially close diplomatic, military, and

economic relationships;

(B) the number and contents of strategic partnership

agreements or similar agreements, including any non-

public, secret, or informal agreements, that the Govern-

ment of the People’s Republic of China has established

with countries and regional organizations of Latin America

and the Caribbean;

that have joined the Belt and Road Initiative or the Asian

Infrastructure Investment Bank;

(D) the countries of Latin America and the Caribbean

to which the Government of the People’s Republic of China

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135 STAT. 2014 PUBLIC LAW 117–81—DEC. 27, 2021

provides foreign assistance or disaster relief (including

access to COVID–19 vaccines), including a description of

the amount and purpose of, and any conditions attached

to, such assistance;

(E) countries and regional organizations of Latin

America and the Caribbean in which the Government of

the People’s Republic of China, including its state-owned

or state-directed enterprises and banks, have undertaken

significant investments, or infrastructure projects, and cor-

respondent banking and lending activities, at the regional,

national, or subnational levels;

(F) recent visits by senior officials of the Government

of the People’s Republic of China, including its state-owned

or state-directed enterprises, to Latin America and the

Caribbean, and visits by senior officials from Latin America

and the Caribbean to the People’s Republic of China;

(G) the existence of any defense exchanges, military

or police education or training, and exercises between any

military or police organization of the Government of the

People’s Republic of China and military, police, or security-

oriented organizations of countries of Latin America and

the Caribbean;

(H) countries and regional organizations of Latin

America and the Caribbean that maintain diplomatic rela-

tions with Taiwan; and

(I) any steps that the Government of the People’s

Republic of China has taken to encourage countries and

regional organizations of Latin America and the Caribbean

to switch diplomatic relations to the People’s Republic of

China instead of Taiwan.

(2) A detailed description of—

(A) the relationship between the Government of the

People’s Republic of China and the Government of Ven-

ezuela and the Government of Cuba;

(B) military installations, assets, and activities of the

Government of the People’s Republic of China in Latin

America and the Caribbean that currently exist or are

planned for the future;

by the Government of the People’s Republic of China to

countries of Latin America and the Caribbean;

(D) a comparison of sales and transfers of defense

articles and services to countries of Latin America and

the Caribbean by the Government of the People’s Republic

of China, the Russian Federation, and the United States;

(E) any other form of military, paramilitary, or security

cooperation between the Government of the People’s

Republic of China and the governments of countries of

Latin America and the Caribbean;

(F) the nature, extent, and purpose of the Government

of the People’s Republic of China’s intelligence activities

in Latin America and the Caribbean;

(G) the role of the Government of the People’s Republic

of China in transnational crime in Latin America and

the Caribbean, including trafficking and money laundering,

as well as any links to the People’s Liberation Army;

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135 STAT. 2015 PUBLIC LAW 117–81—DEC. 27, 2021

(H) efforts by the Government of the People’s Republic

of China to expand the reach and influence of its financial

system within Latin America and the Caribbean, through

banking activities and payments systems and through

goods and services related to the use of the digital yuan;

and

(I) efforts by the Government of the People’s Republic

of China to build its media presence in Latin America

and the Caribbean, and any government-directed

disinformation or information warfare campaigns in the

region, including for military purposes or with ties to the

People’s Liberation Army.

(3) An assessment of—

(A) the specific objectives that the Government of the

People’s Republic of China seeks to achieve by expanding

its presence and influence in Latin America and the Carib-

bean, including any objectives articulated in official docu-

ments or statements;

(B) whether certain investments by the Government

of the People’s Republic of China, including in port projects,

canal projects, and telecommunications projects in Latin

America and the Caribbean, could have military uses or

dual use capability or could enable the Government of

the People’s Republic of China to monitor or intercept

United States or host nation communications;

Republic of China uses its presence and influence in Latin

America and the Caribbean to encourage, pressure, or

coerce governments in the region to support its defense

and national security goals, including policy positions taken

by the Government of the People’s Republic of China at

international institutions;

(D) documented instances of governments of countries

of Latin America and the Caribbean silencing, or

attempting to silence, local critics of the Government of

the People’s Republic of China, including journalists, aca-

demics, and civil society representatives, in order to placate

the Government of the People’s Republic of China;

(E) the rationale for the Government of the People’s

Republic of China becoming an observer at the Organiza-

tion of American States;

(F) the relationship between the Government of the

People’s Republic of China and the Community of Latin

American and Caribbean States (CELAC), a regional

organization that excludes the United States, and the role

of the China-CELAC Forum in coordinating such relation-

ship; and

(G) the specific actions and activities undertaken by

the Government of the People’s Republic of China in Latin

America and the Caribbean that present the greatest threat

or challenge to the United States’ defense and national

security interests in the region.

(4) Any other matters the Secretary of State determines

is appropriate.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form without any designation relating to

dissemination control, but may include a classified annex.

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135 STAT. 2016 PUBLIC LAW 117–81—DEC. 27, 2021

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Armed Services and the Com-

mittee on Foreign Affairs of the House of Representatives;

and

(B) the Committee on Armed Services and the Com-

mittee on Foreign Relations of the Senate.

(2) The terms ‘‘Latin America and the Caribbean’’ and

‘‘countries of Latin America and the Caribbean’’ mean the coun-

tries and non-United States territories of South America, Cen-

tral America, the Caribbean, and Mexico.

SEC. 1339. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING

TO NON-UNITED STATES AIRCRAFT THAT ENGAGE IN HOS-

TILITIES IN THE ONGOING CIVIL WAR IN YEMEN.

Section 1273(a) of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1699) is amended

by striking ‘‘two-year period’’ and inserting ‘‘four-year period’’.

SEC. 1340. STATEMENT OF POLICY AND REPORT ON YEMEN.

(a) S

TATEMENT OF

OLICY

.—It is the policy of the United

States—

(1) to continue to support and further efforts to bring

an end to the conflict in Yemen;

(2) to support efforts so that United States defense articles

and services are not used for military operations resulting

in civilian casualties; and

(3) to work with allies and partners to address the ongoing

humanitarian needs of Yemeni civilians.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of State, in coordina-

tion with the Secretary of Defense, shall submit to the appro-

priate congressional committees a report on whether the

Government of Saudi Arabia has undertaken offensive air-

strikes inside Yemen in the preceding year resulting in civilian

casualties.

(2) M

ATTERS TO BE INCLUDED

.—The report required by

this subsection shall include the following:

(A) A full description of any such airstrikes, including

a detailed accounting of civilian casualties incorporating

information from non-governmental sources.

(B) An identification of Government of Saudi Arabia

air units responsible for any such airstrikes.

any such airstrikes.

(3) F

ORM

.—The report required by this subsection shall

be submitted in unclassified form, but may contain a classified

annex if necessary.

(4) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the Committee on Foreign Relations, the Com-

mittee on Armed Services, and the Select Committee on

Intelligence of the Senate; and

22 USC 2151

note.

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135 STAT. 2017 PUBLIC LAW 117–81—DEC. 27, 2021

(B) the Committee on Foreign Affairs, the Committee

on Armed Services, and the Permanent Select Committee

on Intelligence of the House of Representatives.

SEC. 1341. LIMITATION ON SUPPORT TO MILITARY FORCES OF THE

KINGDOM OF MOROCCO FOR MULTILATERAL EXERCISES.

(a) I

ENERAL

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available to the Department

of Defense for fiscal year 2022 may be used by the Secretary

of Defense to support the participation of the military forces of

the Kingdom of Morocco in any multilateral exercise administered

by the Department of Defense unless the Secretary determines,

in consultation with the Secretary of State, that the Kingdom

of Morocco is committed to seeking a mutually acceptable political

solution in Western Sahara.

(b) W

AIVER

.—The Secretary may waive application of the limita-

tion under subsection (a) if the Secretary submits to the congres-

sional defense committees a written determination and justification

that the waiver is important to the national security interests

of the United States.

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 tech-

nology 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-Depart-

ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-

tain James A. Lovell Health Care Center, Illinois.

Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home.

Subtitle A—Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

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 providing capital for

working capital and revolving funds, as specified in the funding

table in section 4501.

SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

DEFENSE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for the Department of Defense for

fiscal year 2022 for expenses, not otherwise provided for, for Chem-

ical Agents and Munitions Destruction, Defense, as specified in

the funding table in section 4501.

(b) U

.—Amounts authorized to be appropriated under sub-

section (a) are authorized for—

Determination.

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135 STAT. 2018 PUBLIC LAW 117–81—DEC. 27, 2021

(1) the destruction of lethal chemical agents and munitions

in accordance with section 1412 of the Department of Defense

Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare materiel of the

United States that is not covered by section 1412 of such

Act.

SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2022 for expenses, not otherwise

provided for, for Drug Interdiction and Counter-Drug Activities,

Defense-wide, as specified in the funding table in section 4501.

SEC. 1404. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2022 for expenses, not otherwise

provided for, for the Office of the Inspector General of the Depart-

ment of Defense, as specified in the funding table in section 4501.

SEC. 1405. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for fiscal year

2022 for the Defense Health Program for use of the Armed Forces

and other activities and agencies of the Department of Defense

for providing for the health of eligible beneficiaries, as specified

in the funding table in section 4501.

Subtitle B—Other Matters

SEC. 1411. ACQUISITION OF STRATEGIC AND CRITICAL MATERIALS

FROM THE NATIONAL TECHNOLOGY AND INDUSTRIAL

BASE.

The Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98 et seq.) is amended—

(1) in section 6(b)(2), by inserting ‘‘to consult with producers

and processors of such materials’’ before ‘‘to avoid’’;

(2) in section 12, by adding at the end the following new

paragraph:

‘‘(3) The term ‘national technology and industrial base’

has the meaning given such term in section 2500 of title 10,

United States Code.’’; and

(3) in section 15(a)—

(A) in paragraph (3), by striking ‘‘and’’ at the end;

(B) in paragraph (4), by striking the period at the

end and inserting ‘‘; and’’; and

‘‘(5) if domestic sources are unavailable to meet the require-

ments defined in paragraphs (1) through (4), by making efforts

to prioritize the purchase of strategic and critical materials

from the national technology and industrial base.’’.

SEC. 1412. AUTHORIZATION TO LOAN MATERIALS IN NATIONAL

DEFENSE STOCKPILE.

Section 6 of the Strategic and Critical Materials Stock Piling

Act (50 U.S.C. 98e) is amended by adding at the end the following

new subsection:

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135 STAT. 2019 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(f) The President may loan stockpile materials to the Depart-

ment of Energy or the military departments if the President—

‘‘(1) has a reasonable assurance that stockpile materials

of a similar or superior quantity and quality to the materials

loaned will be returned to the stockpile or paid for;

‘‘(2) notifies the congressional defense committees (as

defined in section 101(a) of title 10, United States Code), in

writing, not less than 30 days before making any such loan;

and

‘‘(3) includes in the written notification under paragraph

(2) sufficient support for the assurance described in paragraph

(1).’’.

SEC. 1413. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPART-

MENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS

MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN

JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.

(a) A

UTHORITY FOR

RANSFER OF

UNDS

.—Of the funds author-

ized to be appropriated for section 1405 and available for the

Defense Health Program for operation and maintenance,

$137,000,000 may be transferred by the Secretary of Defense to

the Joint Department of Defense–Department of Veterans Affairs

Medical Facility Demonstration Fund established by subsection

(a)(1) of section 1704 of the National Defense Authorization Act

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For

purposes of subsection (a)(2) of such section 1704, any funds so

transferred shall be treated as amounts authorized and appro-

priated specifically for the purpose of such a transfer.

(b) U

SE OF

RANSFERRED

UNDS

.—For the purposes of sub-

section (b) of such section 1704, facility operations for which funds

transferred under subsection (a) may be used are operations of

the Captain James A. Lovell Federal Health Care Center, consisting

of the North Chicago Veterans Affairs Medical Center, the Navy

Ambulatory Care Center, and supporting facilities designated as

a combined Federal medical facility under an operational agreement

covered by section 706 of the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122

Stat. 4500).

SEC. 1414. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES

RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year

2022 from the Armed Forces Retirement Home Trust Fund the

sum of $75,300,000 for the operation of the Armed Forces Retire-

ment 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.

President.

Notifications.

Deadline.

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135 STAT. 2020 PUBLIC LAW 117–81—DEC. 27, 2021

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 develop-

ment of targeting strategies and supporting capabilities.

Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabili-

ties, 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 Secu-

rity Agency of cyber threats and vulnerabilities affecting critical infra-

structure.

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 De-

fense 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 pro-

grams 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 com-

mand 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 nonreimburs-

able basis.

Subtitle A—Matters Related to Cyber

Operations and Cyber Forces

SEC. 1501. DEVELOPMENT OF TAXONOMY OF CYBER CAPABILITIES.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall develop

a taxonomy of cyber capabilities, including software, hardware,

middleware, code, other information technology, and accesses,

designed for use in cyber effects operations.

(b) R

EPORT

.—

Deadline.

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135 STAT. 2021 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N GENERAL

.—Not later than 30 days after the develop-

ment of the taxonomy of cyber capabilities required under

subsection (a), the Secretary of Defense shall submit to the

congressional defense committees a report regarding such tax-

onomy.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following:

(A) The definitions associated with each category con-

tained within the taxonomy of cyber capabilities developed

pursuant to subsection (a).

(B) Recommendations for improved reporting mecha-

nisms to Congress regarding such taxonomy of cyber

capabilities, using amounts from the Cyberspace Activities

Budget of the Department of Defense.

tion requirement under section 396 of title 10, United

States Code, in order that such notifications would include

information relating to such taxonomy of cyber capabilities,

including with respect to both physical and nonphysical

cyber effects.

(D) Any other elements the Secretary determines

appropriate.

SEC. 1502. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL

CYBERSECURITY TRAINING CENTER FOR THE ARMY

NATIONAL GUARD.

Section 1651(e) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 32

U.S.C. 501 note) is amended by striking ‘‘2022’’ and inserting ‘‘2024’’.

SEC. 1503. MODIFICATION OF THE PRINCIPAL CYBER ADVISOR.

(a) I

ENERAL

.—Paragraph (1) of section 932(c) of the National

Defense Authorization Act for Fiscal Year 2014 (Public Law 113–

66; 10 U.S.C. 2224 note) is amended to read as follows:

‘‘(1) D

ESIGNATION

.—(A) The Secretary shall designate, from

among the personnel of the Office of the Under Secretary

of Defense for Policy, a Principal Cyber Advisor to act as

the principal advisor to the Secretary on military cyber forces

and activities.

‘‘(B) The Secretary may only designate an official under

this paragraph if such official was appointed to the position

in which such official serves by and with the advice and consent

of the Senate.’’.

(b) D

ESIGNATION OF

EPUTY

RINCIPAL

YBER

DVISOR

.—Sec-

tion 905(a)(1) of the National Defense Authorization Act for Fiscal

Year 2020 (Public Law 116–92; 10 U.S.C. 391 note) is amended

by striking ‘‘Office of the Secretary of Defense’’ and inserting ‘‘Office

of the Under Secretary of Defense for Policy’’.

RIEFING

.—Not later than 90 days after the date of the

enactment of this Act, the Deputy Secretary of Defense shall brief

the Committee on Armed Services of the Senate and the Committee

on Armed Services of the House of Representatives on such rec-

ommendations as the Deputy Secretary may have for alternate

reporting structures for the Principal Cyber Advisor and the Deputy

Principal Cyber Advisor within the Office of the Under Secretary

for Policy.

Deadline.

Recommenda-

tions.

Determination.

Recommenda-

tions.

Notifications.

Recommenda-

tions.

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135 STAT. 2022 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1504. EVALUATION OF DEPARTMENT OF DEFENSE CYBER

GOVERNANCE.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall complete

an evaluation and review of the Department of Defense’s current

cyber governance construct.

(b) S

COPE

.—The evaluation and review conducted pursuant to

subsection (a) shall—

(1) assess the performance of the Department of Defense

in carrying out the pillars of the cyber strategy and lines

of efforts established in the most recent cyber posture review,

including—

(A) conducting military cyberspace operations of offen-

sive, defensive, and protective natures;

(B) securely operating technologies associated with

information networks, industrial control systems, oper-

ational technologies, weapon systems, and weapon plat-

forms; and

of international, industrial, and academic partners;

(2) analyze and assess the current institutional constructs

across the Office of the Secretary of Defense, Joint Staff, mili-

tary services, and combatant commands involved with and

responsible for the execution of and civilian oversight for the

responsibilities specified in paragraph (1);

(3) analyze and assess the delineation of responsibilities

within the current institutional construct within the Office

of the Secretary of Defense for addressing the objectives of

the 2018 Department of Defense Cyber Strategy and any super-

seding strategies, as well as identifying potential seams in

responsibility;

(4) examine the Department’s policy, legislative, and regu-

latory regimes related to cyberspace and cybersecurity matters,

including the 2018 Department of Defense Cyber Strategy and

any superseding strategies, for sufficiency in carrying out the

responsibilities specified in paragraph (1);

(5) examine the Office of the Secretary of Defense’s current

alignment for the integration and coordination of cyberspace

activities with other aspects of information operations,

including information warfare and electromagnetic spectrum

operations;

(6) examine the current roles and responsibilities of each

Principal Staff Assistant to the Secretary of Defense as such

relate to the responsibilities specified in paragraph (1), and

identify redundancy, duplication, or matters requiring

deconfliction or clarification;

(7) evaluate and, as appropriate, implement relevant mana-

gerial innovation from the private sector in the management

of complex missions, including enhanced cross-functional

teaming;

(8) evaluate the state of collaboration among each Principal

Staff Assistant in matters related to acquisition of cyber

capabilities and other enabling technologies supporting the

responsibilities specified in paragraph (1);

(9) analyze and assess the Department’s performance in

and posture for building and retaining the requisite workforce

Assessment.

Review.

Deadline.

Review.

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135 STAT. 2023 PUBLIC LAW 117–81—DEC. 27, 2021

necessary to perform the responsibilities specified in paragraph

(1);

(10) determine optimal governance structures related to

the management and advancement of the Department’s cyber

workforce, including those structures defined under and evalu-

ated pursuant to section 1649 of the National Defense

Authorization Act for Fiscal Year 2020 (Public Law 116–92)

and section 1726 of the National Defense Authorization Act

for Fiscal Year 2021 (Public Law 116–283);

(11) develop policy and legislative recommendations, as

appropriate, to delineate and deconflict the roles and respon-

sibilities of United States Cyber Command in defending and

protecting the Department of Defense Information Network

(DoDIN), with the responsibility of the Chief Information

Officer, the Defense Information Systems Agency, and the mili-

tary services to securely operate technologies described in para-

graph (1)(B);

(12) develop policy and legislative recommendations to

enhance the authority of the Chief Information Officers within

the military services, specifically as such relates to executive

and budgetary control over matters related to such services’

information technology security, acquisition, and value;

(13) develop policy and legislative recommendations, as

appropriate, for optimizing the institutional constructs across

the Office of the Secretary of Defense, Joint Staff, military

services, and combatant commands involved with and respon-

sible for the responsibilities specified in paragraph (1); and

(14) make recommendations for any legislation determined

appropriate.

NTERIM

RIEFINGS

.—Not later than 90 days after the

commencement of the evaluation and review conducted pursuant

to subsection (a) and every 30 days thereafter, the Secretary of

Defense shall brief the congressional defense committees on interim

findings of such evaluation and review.

(d) R

EPORT

.—Not later than 30 days after the completion of

the evaluation and review conducted pursuant to subsection (a),

the Secretary of Defense shall submit to the congressional defense

committees a report on such evaluation and review.

SEC. 1505. OPERATIONAL TECHNOLOGY AND MISSION-RELEVANT TER-

RAIN IN CYBERSPACE.

(a) M

ISSION

RELEVANT

ERRAIN

.—Not later than January 1,

2025, the Secretary of Defense shall complete mapping of mission-

relevant terrain in cyberspace for Defense Critical Assets and Task

Critical Assets at sufficient granularity to enable mission thread

analysis and situational awareness, including required—

(1) decomposition of missions reliant on such Assets;

(2) identification of access vectors;

(3) internal and external dependencies;

(4) topology of networks and network segments;

(5) cybersecurity defenses across information and oper-

ational technology on such Assets; and

(6) identification of associated or reliant weapon systems.

(b) C

OMBATANT

OMMAND

ESPONSIBILITIES

.—Not later than

January 1, 2024, the Commanders of United States European Com-

mand, United States Indo-Pacific Command, United States

Northern Command, United States Strategic Command, United

Deadline.

10 USC 394 note.

Deadline.

Time period.

Recommenda-

tions.

Determination.

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135 STAT. 2024 PUBLIC LAW 117–81—DEC. 27, 2021

States Space Command, United States Transportation Command,

and other relevant Commands, in coordination with the Commander

of United States Cyber Command, in order to enable effective

mission thread analysis, cyber situational awareness, and effective

cyber defense of Defense Critical Assets and Task Critical Assets

under their control or in their areas of responsibility, shall develop,

institute, and make necessary modifications to—

(1) internal combatant command processes, responsibilities,

and functions;

(2) coordination with service components under their oper-

ational control, United States Cyber Command, Joint Forces

Headquarters-Department of Defense Information Network,

and the service cyber components;

(3) combatant command headquarters’ situational aware-

ness posture to ensure an appropriate level of cyber situational

awareness of the forces, facilities, installations, bases, critical

infrastructure, and weapon systems under their control or in

their areas of responsibility, including, in particular, Defense

Critical Assets and Task Critical Assets; and

(4) documentation of their mission-relevant terrain in

cyberspace.

EPARTMENT OF

EFENSE

HIEF

NFORMATION

FFICER

ESPONSIBILITIES

.—

(1) I

N GENERAL

.—Not later than November 1, 2023, the

Chief Information Officer of the Department of Defense shall

establish or make necessary changes to policy, control systems

standards, risk management framework and authority to

operate policies, and cybersecurity reference architectures to

provide baseline cybersecurity requirements for operational

technology in forces, facilities, installations, bases, critical infra-

structure, and weapon systems across the Department of

Defense Information Network.

(2) I

MPLEMENTATION OF POLICIES

.—The Chief Information

Officer of the Department of Defense shall leverage acquisition

guidance, concerted assessment of the Department’s operational

technology enterprise, and coordination with the military

department principal cyber advisors and chief information offi-

cers to drive necessary change and implementation of relevant

policy across the Department’s forces, facilities, installations,

bases, critical infrastructure, and weapon systems.

(3) A

DDITIONAL RESPONSIBILITIES

.—The Chief Information

Officer of the Department of Defense shall ensure that policies,

control systems standards, and cybersecurity reference architec-

tures—

(A) are implementable by components of the Depart-

ment;

(B) limit adversaries’ ability to reach or manipulate

control systems through cyberspace;

toring requirements;

(D) include data collection and flow requirements;

(E) interoperate with and are informed by the oper-

ational community’s workflows for defense of information

and operational technology in the forces, facilities, installa-

tions, bases, critical infrastructure, and weapon systems

across the Department;

Deadline.

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135 STAT. 2025 PUBLIC LAW 117–81—DEC. 27, 2021

(F) integrate and interoperate with Department mis-

sion assurance construct; and

(G) are implemented with respect to Defense Critical

Assets and Task Critical Assets.

(d) U

NITED

TATES

YBER

OMMAND

PERATIONAL

ESPON

SIBILITIES

.—Not later than January 1, 2025, the Commander of

United States Cyber Command shall make necessary modifications

to the mission, scope, and posture of Joint Forces Headquarters-

Department of Defense Information Network to ensure that Joint

Forces Headquarters—

(1) has appropriate visibility of operational technology in

the forces, facilities, installations, bases, critical infrastructure,

and weapon systems across the Department of Defense Informa-

tion Network, including, in particular, Defense Critical Assets

and Task Critical Assets;

(2) can effectively command and control forces to defend

such operational technology; and

(3) has established processes for—

(A) incident and compliance reporting;

(B) ensuring compliance with Department of Defense

cybersecurity policy; and

and security violations, including, in particular, those spe-

cific to Defense Critical Assets and Task Critical Assets,

are appropriately managed.

(e) U

NITED

TATES

YBER

OMMAND

UNCTIONAL

ESPONSIBIL

ITIES

.—Not later than January 1, 2025, the Commander of United

States Cyber Command shall—

(1) ensure in its role of Joint Forces Trainer for the Cyber-

space Operations Forces that operational technology cyber

defense is appropriately incorporated into training for the

Cyberspace Operations Forces;

(2) delineate the specific force composition requirements

within the Cyberspace Operations Forces for specialized cyber

defense of operational technology, including the number, size,

scale, and responsibilities of defined Cyber Operations Forces

elements;

(3) develop and maintain, or support the development and

maintenance of, a joint training curriculum for operational

technology-focused Cyberspace Operations Forces;

(4) support the Chief Information Officer of the Department

of Defense as the Department’s senior official for the cybersecu-

rity of operational technology under this section;

(5) develop and institutionalize, or support the development

and institutionalization of, tradecraft for defense of operational

technology across local defenders, cybersecurity service pro-

viders, cyber protection teams, and service-controlled forces;

(6) develop and institutionalize integrated concepts of oper-

ation, operational workflows, and cybersecurity architectures

for defense of information and operational technology in the

forces, facilities, installations, bases, critical infrastructure, and

weapon systems across the Department of Defense Information

Network, including, in particular, Defense Critical Assets and

Task Critical Assets, including—

(A) deliberate and strategic sensoring of such Network

and Assets;

Deadline.

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135 STAT. 2026 PUBLIC LAW 117–81—DEC. 27, 2021

(B) instituting policies governing connections across

and between such Network and Assets;

such Network and Assets;

(D) engineering data flows across and between such

Network and Assets;

(E) developing local defenders, cybersecurity service

providers, cyber protection teams, and service-controlled

forces’ operational workflows and tactics, techniques, and

procedures optimized for the designs, data flows, and poli-

cies of such Network and Assets;

(F) instituting of model defensive cyber operations and

Department of Defense Information Network operations

tradecraft; and

(G) integrating of such operations to ensure interoper-

ability across echelons; and

(7) advance the integration of the Department of Defense’s

mission assurance, cybersecurity compliance, cybersecurity

operations, risk management framework, and authority to

operate programs and policies.

(f) S

ERVICE

ESPONSIBILITIES

.—Not later than January 1, 2025,

the Secretaries of the military departments, through the service

principal cyber advisors, chief information officers, the service cyber

components, and relevant service commands, shall make necessary

investments in operational technology in the forces, facilities,

installations, bases, critical infrastructure, and weapon systems

across the Department of Defense Information Network and the

service-controlled forces responsible for defense of such operational

technology to—

(1) ensure that relevant local network and cybersecurity

forces are responsible for defending operational technology

across the forces, facilities, installations, bases, critical infra-

structure, and weapon systems, including, in particular,

Defense Critical Assets and Task Critical Assets;

(2) ensure that relevant local operational technology-

focused system operators, network and cybersecurity forces,

mission defense teams and other service-retained forces, and

cyber protection teams are appropriately trained, including

through common training and use of cyber ranges, as appro-

priate, to execute the specific requirements of cybersecurity

operations in operational technology;

(3) ensure that all Defense Critical Assets and Task Critical

Assets are monitored and defended by Cybersecurity Service

Providers;

(4) ensure that operational technology is appropriately

sensored and appropriate cybersecurity defenses, including

technologies associated with the More Situational Awareness

for Industrial Control Systems Joint Capability Technology

Demonstration, are employed to enable defense of Defense Crit-

ical Assets and Task Critical Assets;

(5) implement Department of Defense Chief Information

Officer policy germane to operational technology, including,

in particular, with respect to Defense Critical Assets and Task

Critical Assets;

(6) plan for, designate, and train dedicated forces to be

utilized in operational technology-centric roles across the mili-

tary services and United States Cyber Command; and

Deadline.

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135 STAT. 2027 PUBLIC LAW 117–81—DEC. 27, 2021

(7) ensure that operational technology, as appropriate, is

not easily accessible via the internet and that cybersecurity

investments accord with mission risk to and relevant access

vectors for Defense Critical Assets and Task Critical Assets.

(g) O

FFICE OF THE

ECRETARY OF

EFENSE

ESPONSIBILITIES

.—

Not later than January 1, 2023, the Secretary of Defense shall—

(1) assess and finalize Office of the Secretary of Defense

components’ roles and responsibilities for the cybersecurity of

operational technology in the forces, facilities, installations,

bases, critical infrastructure, and weapon systems across the

Department of Defense Information Network;

(2) assess the need to establish centralized or dedicated

funding for remediation of cybersecurity gaps in operational

technology across the Department of Defense Information Net-

work;

(3) make relevant modifications to the Department of

Defense’s mission assurance construct, Mission Assurance

Coordination Board, and other relevant bodies to drive—

(A) prioritization of kinetic and non-kinetic threats

to the Department’s missions and minimization of mission

risk in the Department’s war plans;

(B) prioritization of relevant mitigations and invest-

ments to harden and assure the Department’s missions

and minimize mission risk in the Department’s war plans;

and

of Defense Critical Assets and Task Critical Assets and

population of associated assessment and mitigation data

in authorized repositories;

(4) make relevant modifications to the Strategic Cybersecu-

rity Program; and

(5) drive and provide oversight of the implementation of

this section.

(h) B

UDGET

OLLOUT

RIEFINGS

.—

(1) I

N GENERAL

.—Beginning not later than 30 days after

the date of the enactment of this Act, each of the Secretaries

of the military departments, the Commander of United States

Cyber Command, and the Chief Information Officer of the

Department of Defense shall provide annual updates to the

Committee on Armed Services of the Senate and the Committee

on Armed Services of the House of Representatives on activities

undertaken and progress made to carry out this section.

(2) A

NNUAL BRIEFINGS

.—Not later than one year after the

date of the enactment of this Act and not less frequently than

annually thereafter until January 1, 2024, the Under Secretary

of Defense for Policy, the Under Secretary of Defense for

Acquisition and Sustainment, the Chief Information Officer,

and the Joint Staff J6, representing the combatant commands,

shall individually or together provide briefings to the Com-

mittee on Armed Services of the Senate and the Committee

on Armed Services of the House of Representatives on activities

undertaken and progress made to carry out this section.

(i) I

MPLEMENTATION

.—

(1) I

N GENERAL

.—In implementing this section, the Sec-

retary of Defense shall prioritize the cybersecurity and cyber

defense of Defense Critical Assets and Task Critical Assets

Termination

date.

Deadlines.

Assessment.

Deadline.

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135 STAT. 2028 PUBLIC LAW 117–81—DEC. 27, 2021

and shape cyber investments, policy, operations, and deploy-

ments to ensure cybersecurity and cyber defense.

(2) A

PPLICATION

.—This section shall apply to assets owned

and operated by the Department of Defense, as well as to

applicable non-Department assets essential to the projection,

support, and sustainment of military forces and operations

worldwide.

(j) D

EFINITION

.—In this section:

(1) M

ISSION

RELEVANT TERRAIN IN CYBERSPACE

.—‘‘mission-

relevant terrain in cyberspace’’ has the meaning given such

term as specified in Joint Publication 6-0.

(2) O

PERATIONAL TECHNOLOGY

.—The term ‘‘operational

technology’’ means control systems or controllers, communica-

tion architectures, and user interfaces that monitor or control

infrastructure and equipment operating in various environ-

ments, such as weapon systems, utility or energy production

and distribution, or medical, logistics, nuclear, biological, chem-

ical, or manufacturing facilities.

SEC. 1506. MATTERS CONCERNING CYBER PERSONNEL REQUIRE-

MENTS.

(a) I

ENERAL

.—The Secretary of Defense, acting through

the Under Secretary of Defense for Personnel and Readiness and

the Chief Information Officer of the Department of Defense, in

consultation with Secretaries of the military departments and the

head of any other organization or element of the Department the

Secretary determines appropriate, shall—

(1) determine the overall workforce requirement of the

Department for cyberspace and information warfare military

personnel across the active and reserve components of the

Armed Forces (other than the Coast Guard) and for civilian

personnel, and in doing so shall—

(A) consider personnel in positions securing the Depart-

ment of Defense Information Network and associated enter-

prise information technology, defense agencies and field

activities, and combatant commands, including current bil-

lets primarily associated with the Department of Defense

Cyber Workforce Framework;

(B) consider the mix between military and civilian

personnel, active and reserve components, and the use

of the National Guard;

accessions, training, and education; and

(D) consider such other elements as the Secretary

determines appropriate;

(2) assess current and future cyber education curriculum

and requirements for military and civilian personnel,

including—

(A) acquisition personnel;

(B) accessions and recruits to the military services;

academies and enrolled in the Senior Reserve Officers’

Training Corps;

(D) information environment and cyberspace military

and civilian personnel; and

(E) non-information environment cyberspace military

and civilian personnel;

Assessment.

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135 STAT. 2029 PUBLIC LAW 117–81—DEC. 27, 2021

(3) identify appropriate locations for information warfare

and cyber education for military and civilian personnel,

including—

(A) the military service academies;

(B) the senior level service schools and intermediate

level service schools specified in section 2151(b) of title

10, United States Code;

(D) the National Defense University;

(E) the Joint Special Operations University;

(F) the Command and General Staff Colleges;

(G) the War Colleges;

(H) any military education institution attached to or

operating under any institution specified in this paragraph;

(I) any other military educational institution of the

Department identified by the Secretary for purposes of

this section;

(J) the Cyber Centers of Academic Excellence; and

(K) potential future educational institutions of the Fed-

eral Government in accordance with the assessment

required under subsection (b); and

(4) determine—

(A) whether the cyberspace domain mission requires

a graduate level professional military education college on

par with and distinct from the war colleges for the Army,

Navy, and Air Force as in existence on the day before

the date of the enactment of this Act;

(B) whether such a college should be joint; and

(b) A

SSESSMENT

.—In identifying appropriate locations for

information warfare and cyber education for military and civilian

personnel at potential future educational institutions of the Federal

Government pursuant to subsection (a)(3)(K), the Secretary of

Defense, acting through the Under Secretary of Defense for Per-

sonnel and Readiness and the Chief Information Officer of the

Department of Defense, in consultation with Secretaries of the

military departments, the head of any other organization or element

of the Department the Secretary determines appropriate, the Sec-

retary of Homeland Security, and the National Cyber Director,

shall assess the feasibility and advisability of establishing a

National Cyber Academy or similar institute for the purpose of

educating and training civilian and military personnel for service

in cyber, information, and related fields throughout the Federal

Government.

EPORTS

EQUIRED

.—

(1) E

DUCATION

.—Not later than November 1, 2022, the

Secretary of Defense shall provide the Committee on Armed

Services of the Senate and the Committee on Armed Services

of the House of Representatives a briefing and, not later than

January 1, 2023, the Secretary shall submit to such committees

a report, on—

(A) talent strategy to satisfy future cyber education

requirements at appropriate locations referred to in sub-

section (a)(3); and

(B) the findings of the Secretary in assessing cyber

education curricula and identifying such locations.

Consultation.

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135 STAT. 2030 PUBLIC LAW 117–81—DEC. 27, 2021

(2) W

ORKFORCE

.—Not later than November 1, 2024, the

Secretary of Defense shall provide the Committee on Armed

Services of the Senate and the Committee on Armed Services

of the House of Representatives a briefing and, not later than

January 1, 2025, the Secretary shall submit to such committees

a report, on—

(A) the findings of the Secretary in determining pursu-

ant to subsection (a)(1) the overall workforce requirement

of the Department of Defense for cyberspace and informa-

tion warfare military personnel across the active and

reserve components of the Armed Forces (other than the

Coast Guard) and for civilian personnel;

(B) such recommendations as the Secretary may have

relating to such requirement; and

Secretary identifies as necessary to effectively satisfy such

requirement.

(d) E

DUCATION

ESCRIBED

.—In this section, the term ‘‘edu-

cation’’ includes formal education requirements, such as degrees

and certification in targeted subject areas, as well as general

training, including—

(1) upskilling;

(2) knowledge, skills, and abilities; and

(3) nonacademic professional development.

SEC. 1507. ASSIGNMENT OF CERTAIN BUDGET CONTROL RESPONSIBIL-

ITIES TO COMMANDER OF UNITED STATES CYBER COM-

MAND.

(a) A

SSIGNMENT OF

ESPONSIBILITIES

.—

(1) I

N GENERAL

.—The Commander of United States Cyber

Command shall, subject to the authority, direction, and control

of the Principal Cyber Advisor of the Department of Defense,

be responsible for directly controlling and managing the plan-

ning, programming, budgeting, and execution of resources to

train, equip, operate, and sustain the Cyber Mission Forces.

(2) E

FFECTIVE DATE AND APPLICABILITY

.—Paragraph (1)

shall take effect on the date of the enactment of this Act

and apply—

(A) on January 1, 2022, for controlling and managing

budget execution; and

(B) beginning with fiscal year 2024 and each fiscal

year thereafter for directly controlling and managing the

planning, programming, budgeting, and execution of

resources.

(b) E

LEMENTS

.—

(1) I

N GENERAL

.—The responsibilities assigned to the Com-

mander of United States Cyber Command pursuant to sub-

section (a)(1) shall include the following:

(A) Preparation of a program objective memorandum

and budget estimate submission for the resources required

to train, equip, operate, and sustain the Cyber Mission

Forces.

(B) Preparation of budget materials pertaining to

United States Cyber Command for inclusion in the budget

justification materials that are submitted to Congress in

support of the Department of Defense budget for a fiscal

year (as submitted with the budget of the President for

10 USC 167b

note.

Recommenda-

tions.

Determination.

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135 STAT. 2031 PUBLIC LAW 117–81—DEC. 27, 2021

a fiscal year under section 1105(a) of title 31, United States

Code) that is separate from any other military service

or component of the Department.

(2) R

ESPONSIBILITIES NOT DELEGATED

.—The responsibilities

assigned to the Commander of United States Cyber Command

pursuant to subsection (a)(1) shall not include the following:

(A) Military pay and allowances.

(B) Funding for facility support that is provided by

the military services.

MPLEMENTATION

LAN

.—

(1) I

N GENERAL

.—Not later than the date that is 30 days

after the date of the enactment of this Act, the Comptroller

General of the Department of Defense and the Commander

of United States Cyber Command, in coordination with Chief

Information Officer of the Department, the Principal Cyber

Advisor, the Under Secretary of Defense for Acquisition and

Sustainment, Cost Assessment and Program Evaluation, and

the Secretaries of the military departments, shall jointly

develop an implementation plan for the transition of respon-

sibilities assigned to the Commander of United States Cyber

Command pursuant to subsection (a)(1).

(2) E

LEMENTS

.—The implementation plan developed under

paragraph (1) shall include the following:

(A) A budgetary review to identify appropriate

resources for transfer to the Commander of United States

Cyber Command for carrying out responsibilities assigned

pursuant to subsection (a)(1).

(B) Definitions of appropriate roles and responsibilities.

ments, and the training, equipment, Joint Cyber

Warfighting Architecture capabilities, other enabling

capabilities and infrastructure, intelligence support, oper-

ations, and sustainment investments in each such program

element and sub-element for which the Commander of

United States Cyber Command is responsible.

(D) Specification of all program elements and sub-

elements, and the training, equipment, Joint Cyber

Warfighting Architecture capabilities, other enabling

capabilities and infrastructure, intelligence support, oper-

ations, and sustainment investments in each such program

element and sub-element relevant to or that support the

Cyber Mission Force for which the Secretaries of the mili-

tary departments are responsible.

(E) Required levels of civilian and military staffing

within United States Cyber Command to carry out sub-

section (a)(1), and an estimate of when such levels of

staffing will be achieved.

(d) B

RIEFING

.—

(1) I

N GENERAL

.—Not later than the earlier of the date

on which the implementation plan under subsection (c) is devel-

oped or the date that is 90 days after the date of the enactment

of this Act, the Secretary of Defense shall provide the congres-

sional defense committees a briefing on the implementation

plan.

(2) E

LEMENTS

.—The briefing required by paragraph (1)

shall address any recommendations for when and how the

Secretary of Defense should delegate to the Commander of

Recommenda-

tions.

Deadline.

Review.

Deadline.

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135 STAT. 2032 PUBLIC LAW 117–81—DEC. 27, 2021

United States Cyber Command budget authority for the Cyber

Operations Forces (as such term is defined in the memorandum

issued by the Secretary of Defense on December 12, 2019,

relating to the definition of ‘‘Department of Defense Cyberspace

Operations Forces (DoD COF)’’), after successful implementa-

tion of the responsibilities described in subsection (a) relating

to the Cyber Mission Forces.

SEC. 1508. COORDINATION BETWEEN UNITED STATES CYBER COM-

MAND AND PRIVATE SECTOR.

(a) V

OLUNTARY

ROCESS

.—Not later than January 1, 2023,

the Commander of United States Cyber Command shall establish

a voluntary process to engage with private sector information tech-

nology and cybersecurity entities to explore and develop methods

and plans through which the capabilities, knowledge, and actions

of—

(1) private sector entities operating inside the United States

to defend against foreign malicious cyber actors could assist,

or be coordinated with, the actions of United States Cyber

Command operating outside the United States against such

foreign malicious cyber actors; and

(2) United States Cyber Command operating outside the

United States against foreign malicious cyber actors could

assist, or be coordinated with, the actions of private sector

entities operating inside the United States against such foreign

malicious cyber actors.

(b) A

NNUAL

RIEFING

.—

(1) I

N GENERAL

.—During the period beginning on March

1, 2022, and ending on March 1, 2026, the Commander of

United States Cyber Command shall, not less frequently than

once each year, provide to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the

House of Representatives a briefing on the status of any activi-

ties conducted pursuant to subsection (a).

(2) E

LEMENTS

.—Each briefing provided under paragraph

(1) shall include the following:

(A) Such recommendations for legislative or adminis-

trative action as the Commander of United States Cyber

Command considers appropriate to improve and facilitate

the exploration and development of methods and plans

under subsection (a).

(B) Such recommendations as the Commander may

have for increasing private sector participation in such

exploration and development.

rying out subsection (a), including any concerns expressed

to the Commander by private sector partners regarding

participation in such exploration and development.

(D) Information relating to how such exploration and

development with the private sector could assist military

planning by United States Cyber Command.

(E) Such other matters as the Commander considers

appropriate.

ONSULTATION

.—In developing the process described in sub-

section (a), the Commander of United States Cyber Command shall

consult with the Director of the Cybersecurity and Infrastructure

Security Agency of the Department of Homeland Security and the

Recommenda-

tions.

Recommenda-

tions.

Time period.

Deadline.

10 USC 2224

note.

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135 STAT. 2033 PUBLIC LAW 117–81—DEC. 27, 2021

heads of any other Federal agencies the Commander considers

appropriate.

(d) I

NTEGRATION

ITH

THER

FFORTS

.—The Commander of

United States Cyber Command shall ensure that the process

described in subsection (a) makes use of, builds upon, and, as

appropriate, integrates with and does not duplicate, other efforts

of the Department of Homeland Security and the Department of

Defense relating to cybersecurity, including the following:

(1) The Joint Cyber Defense Collaborative of the Cybersecu-

rity and Infrastructure Security Agency.

(2) The Cybersecurity Collaboration Center and Enduring

Security Framework of the National Security Agency.

(3) The office for joint cyber planning of the Department

of Homeland Security.

(e) P

ROTECTION OF

RADE

ECRETS AND

ROPRIETARY

NFORMA

TION

.—The Commander of United States Cyber Command shall

ensure that any trade secret or proprietary information of a private

sector entity engaged with the Department of Defense through

the process established under subsection (a) that is made known

to the Department pursuant to such process remains private and

protected unless otherwise explicitly authorized by such entity.

(f) R

ULE OF

ONSTRUCTION

.—Nothing in this section may be

construed to authorize United States Cyber Command to conduct

operations inside the United States or for private sector entities

to conduct offensive cyber activities outside the United States,

except to the extent such operations or activities are permitted

by a provision of law in effect on the day before the date of

the enactment of this Act.

SEC. 1509. ASSESSMENT OF CYBER POSTURE AND OPERATIONAL

ASSUMPTIONS AND DEVELOPMENT OF TARGETING

STRATEGIES AND SUPPORTING CAPABILITIES.

(a) A

SSESSMENT OF

YBER

OSTURE OF

DVERSARIES AND

PER

ATIONAL

SSUMPTIONS OF

NITED

TATES

OVERNMENT

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Commander of United States

Cyber Command, the Under Secretary of Defense for Policy,

and the Under Secretary of Defense for Intelligence and Secu-

rity, shall jointly sponsor or conduct an assessment, including,

if appropriate, a war-game or tabletop exercise, of the current

and emerging offensive and defensive cyber posture of adver-

saries of the United States and the current operational assump-

tions and plans of the Armed Forces for offensive cyber oper-

ations during potential crises or conflict.

(2) E

LEMENTS

.—The assessment required under paragraph

(1) shall include consideration of the following:

(A) Changes to strategies, operational concepts, oper-

ational preparation of the environment, and rules of

engagement.

(B) Opportunities provided by armed forces in theaters

of operations and other innovative alternatives.

is defined in section 3 of the National Security Act of

1947 (50 U.S.C. 3003)) targeting and operations in support

of the Department of Defense.

(D) Adversary capabilities to deny or degrade United

States activities in cyberspace.

Assessment.

Deadline.

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135 STAT. 2034 PUBLIC LAW 117–81—DEC. 27, 2021

(E) Adversaries’ targeting of United States critical

infrastructure and implications for United States policy.

(F) Potential effect of emerging technologies, such as

fifth generation mobile networks, expanded use of cloud

information technology services, and artificial intelligence.

(G) Changes in Department of Defense organizational

design.

(H) The effect of private sector cybersecurity research.

(F) Adequacy of intelligence support to cyberspace oper-

ations by Combat Support Agencies and Service Intel-

ligence Centers.

(b) D

EVELOPMENT OF

ARGETING

TRATEGIES

, S

UPPORTING

APABILITIES

AND

PERATIONAL

ONCEPTS

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Commander of United States

Cyber Command shall—

(A) assess and establish the capabilities, capacities,

tools, and tactics required to support targeting strategies

for—

(i) day-to-day persistent engagement of adver-

saries, including support to information operations;

(ii) support to geographic combatant commanders

at the onset of hostilities and during sustained conflict;

and

(iii) deterrence of attacks on United States critical

infrastructure, including the threat of counter value

responses;

(B) develop future cyber targeting strategies and

capabilities across the categories of cyber missions and

targets with respect to which—

(i) time-consuming and human effort-intensive

stealthy operations are required to acquire and main-

tain access to targets, and the mission is so important

it is worthwhile to expend such efforts to hold such

targets at risk;

(ii) target prosecution requires unique access and

exploitation tools and technologies, and the target

importance justifies the efforts, time, and expense

relating thereto;

(iii) operational circumstances do not allow for and

do not require spending the time and human effort

required for stealthy, nonattributable, and continuous

access to targets;

(iv) capabilities are needed to rapidly prosecute

targets that have not been previously planned and

that can be accessed and exploited using known, avail-

able tools and techniques; and

(v) targets may be prosecuted with the aid of auto-

mated techniques to achieve speed, mass, and scale;

Cyber Mission Teams in support of combatant command

objectives as—

(i) adjuncts to or substitutes for kinetic operations;

(ii) independent means to achieve novel tactical,

operational, and strategic objectives; and

Assessment.

Deadline.

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135 STAT. 2035 PUBLIC LAW 117–81—DEC. 27, 2021

(D) develop collection and analytic support strategies

for the service intelligence centers to assist operations by

United States Cyber Command and the Service Cyber

Components.

(2) B

RIEFING REQUIRED

.—

(A) I

N GENERAL

.—Not later than 30 days after the

date on which all activities required under paragraph (1)

have been completed, the Commander of United States

Cyber Command shall provide the congressional defense

committees a briefing on such activities.

(B) E

LEMENTS

.—The briefing provided pursuant to

subparagraph (A) shall include the following:

(i) Recommendations for such legislative or

administrative action as the Commander of United

States Cyber Command considers necessary to address

capability shortcomings.

(ii) Plans to address such capability shortcomings.

OUNTRY

SPECIFIC

CCESS

TRATEGIES

.—

(1) I

N GENERAL

.—Not later than one year after the date

on which all activities required under subsection (b)(1) have

been completed, the Commander of United States Cyber Com-

mand shall complete development of country-specific access

strategies for the Russian Federation, the People’s Republic

of China, the Democratic People’s Republic of Korea, and the

Islamic Republic of Iran.

(2) E

LEMENTS

.—Each country-specific access strategy devel-

oped under paragraph (1) shall include the following:

(A) Specification of desired and required—

(i) outcomes;

(ii) cyber warfighting architecture, including—

(I) tools and redirectors;

(II) access platforms; and

(III) data analytics, modeling, and simulation

capacity;

(iii) specific means to achieve and maintain per-

sistent access and conduct command and control and

exfiltration against hard targets and in operationally

challenging environments across the continuum of con-

flict;

(iv) intelligence, surveillance, and reconnaissance

support;

(v) operational partnerships with allies;

(vi) rules of engagement;

(vii) personnel, training, and equipment; and

(viii) targeting strategies, including strategies that

do not demand deliberate targeting and precise access

to achieve effects; and

(B) recommendations for such policy or resourcing

changes as the Commander of United States Cyber Com-

mand considers appropriate to address access shortfalls.

(3) C

ONSULTATION REQUIRED

.—The Commander of United

States Cyber Command shall develop the country-specific access

strategies under paragraph (1) independently but in consulta-

tion with the following:

(A) The Director of the National Security Agency.

(B) The Director of the Central Intelligence Agency.

Recommenda-

tions.

Deadline.

Recommenda-

tions.

Deadline.

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135 STAT. 2036 PUBLIC LAW 117–81—DEC. 27, 2021

Projects Agency.

(D) The Director of the Strategic Capabilities Office.

(E) The Under Secretary of Defense for Policy.

(F) The Principal Cyber Advisor to the Secretary of

Defense.

(G) The Commanders of all other combatant com-

mands.

(4) B

RIEFING

.—Upon completion of the country-specific

access strategies under paragraph (1), the Commander of

United States Cyber Command shall provide the Deputy Sec-

retary of Defense, the Vice Chairman of the Joint Chiefs of

Staff, the Committee on Armed Services of the Senate, and

the Committee on Armed Services of the House of Representa-

tives a briefing on such strategies.

(d) D

EFINITION

.—In this section, the term ‘‘critical infrastruc-

ture’’ has the meaning given such term in section 1016(e) of Public

Law 107–56 (42 U.S.C. 5195c(e)).

SEC. 1510. ASSESSING CAPABILITIES TO COUNTER ADVERSARY USE

OF RANSOMWARE, CAPABILITIES, AND INFRASTRUCTURE.

(a) C

OMPREHENSIVE

SSESSMENT AND

ECOMMENDATIONS

EQUIRED

.—Not later than 180 days after the date of enactment

of this section, the Secretary of Defense shall—

(1) conduct a comprehensive assessment of the policy,

capacity, and capabilities of the Department of Defense to

diminish and defend the United States from the threat of

ransomware attacks, including—

(A) an assessment of the current and potential threats

and risks to national and economic security posed by—

(i) large-scale and sophisticated criminal cyber

enterprises that provide large-scale and sophisticated

cyber attack capabilities and infrastructure used to

conduct ransomware attacks; and

(ii) organizations that conduct or could conduct

ransomware attacks or other attacks that use the

capabilities and infrastructure described in clause (i)

on a large scale against important assets and systems

in the United States, including critical infrastructure;

(B) an assessment of—

(i) the threat posed to the Department of Defense

Information Network and the United States by the

large-scale and sophisticated criminal cyber enter-

prises, capabilities, and infrastructure described in

subparagraph (A); and

(ii) the current and potential role of United States

Cyber Command in addressing the threat referred to

in clause (i) including—

(I) the threshold at which United States Cyber

Command should respond to such a threat; and

(II) the capacity for United States Cyber Com-

mand to respond to such a threat without harmful

effects on other United States Cyber Command

missions;

Department efforts, processes, and capabilities to deter and

Assessment.

Deadline.

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135 STAT. 2037 PUBLIC LAW 117–81—DEC. 27, 2021

counter the threat referred to in subparagraph (B)(i),

including through offensive cyber effects operations;

(D) an assessment of the application of the defend

forward and persistent engagement operational concepts

and capabilities of the Department to deter and counter

the threat of ransomware attacks against the United

States;

(E) a description of the efforts of the Department in

interagency processes, and joint collaboration with allies

and partners of the United States, to address the growing

threat from large-scale and sophisticated criminal cyber

enterprises that conduct ransomware attacks and could

conduct attacks with other objectives;

(F) a determination of the extent to which the govern-

ments of countries in which large-scale and sophisticated

criminal cyber enterprises are principally located are toler-

ating the activities of such enterprises, have interactions

with such enterprises, could direct their operations, and

could suppress such enterprises;

(G) an assessment as to whether the large-scale and

sophisticated criminal cyber enterprises described in

subparagraph (F) are perfecting and practicing attack tech-

niques and capabilities at scale that can be co-opted and

placed in the service of the country in which such enter-

prises are principally located; and

(H) identification of such legislative or administrative

action as may be necessary to more effectively counter

the threat of ransomware attacks; and

(2) develop recommendations for the Department to build

capabilities to develop and execute innovative methods to deter

and counter the threat of ransomware attacks prior to and

in response to the launching of such attacks.

(b) B

RIEFING

.—Not later than 210 days after the date of the

enactment of this Act, the Secretary of Defense shall brief the

congressional defense committees on the comprehensive assessment

completed under paragraph (1) of subsection (a) and the rec-

ommendations developed under paragraph (2) of such subsection.

EFINITION

.—In this section, the term ‘‘critical infrastruc-

ture’’ has the meaning given such term in section 1016(e) of Public

Law 107–56 (42 U.S.C. 5195c(e)).

SEC. 1511. COMPARATIVE ANALYSIS OF CYBERSECURITY CAPABILI-

TIES.

(a) C

OMPARATIVE

NALYSIS

EQUIRED

.—Not later than 180 days

after the date of the enactment of this Act, the Chief Information

Officer and the Director of Cost Assessment and Program Evalua-

tion (CAPE) of the Department of Defense, in consultation with

the Principal Cyber Advisor to the Secretary of Defense and the

Chief Information Officers of each of the military departments,

shall jointly sponsor a comparative analysis, to be conducted by

the Director of the National Security Agency and the Director

of the Defense Information Systems Agency, of the following:

(1) The cybersecurity tools, applications, and capabilities

offered as options on enterprise software agreements for cloud-

based productivity and collaboration suites, such as is offered

under the Defense Enterprise Office Solution and Enterprise

Software Agreement contracts with Department of Defense

Deadline.

Consultation.

Deadline.

Recommenda-

tions.

Assessment.

Determination.

Assessment.

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135 STAT. 2038 PUBLIC LAW 117–81—DEC. 27, 2021

components, relative to the cybersecurity tools, applications,

and capabilities that are currently deployed in, or required

by, the Department to conduct—

(A) asset discovery;

(B) vulnerability scanning;

nect’’);

(D) event correlation;

(E) patch management and remediation;

(F) endpoint query and control;

(G) endpoint detection and response;

(H) data rights management;

(I) data loss prevention;

(J) data tagging;

(K) data encryption;

(L) security information and event management; and

(M) security orchestration, automation, and response.

(2) The identity, credential, and access management

(ICAM) system, and associated capabilities to enforce the prin-

ciple of least privilege access, offered as an existing option

on an enterprise software agreement described in paragraph

(1), relative to—

(A) the requirements of such system described in the

Zero Trust Reference Architecture of the Department; and

(B) the requirements of such system under develop-

ment by the Defense Information Systems Agency.

(3) The artificial intelligence and machine-learning

capabilities associated with the tools, applications, and capabili-

ties described in paragraphs (1) and (2), and the ability to

host Government or third-party artificial intelligence and

machine-learning algorithms pursuant to contracts referred to

in paragraph (1) for such tools, applications, and capabilities.

(4) The network consolidation and segmentation capabili-

ties offered on the enterprise software agreements described

in paragraph (1) relative to capabilities projected in the Zero

Trust Reference Architecture.

(5) The automated orchestration and interoperability

among the tools, applications, and capabilities described in

paragraphs (1) through (4).

(b) E

LEMENTS OF

OMPARATIVE

NALYSIS

.—The comparative

analysis conducted under subsection (a) shall include an assessment

of the following:

(1) Costs.

(2) Performance.

(3) Sustainment.

(4) Scalability.

(5) Training requirements.

(6) Maturity.

(7) Human effort requirements.

(8) Speed of integrated operations.

(9) Ability to operate on multiple operating systems and

in multiple cloud environments.

(10) Such other matters as the Chief Information Officer

and the Director of Cost Assessment and Program Evaluation

consider appropriate.

RIEFING

EQUIRED

.—Not later than 30 days after the date

on which the comparative analysis required under subsection (a)

Deadline.

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135 STAT. 2039 PUBLIC LAW 117–81—DEC. 27, 2021

is completed, the Chief Information Officer and the Director of

Cost Assessment and Program Evaluation (CAPE) of the Depart-

ment of Defense shall jointly provide the congressional defense

committees with a briefing on the findings of the Chief Information

Officer and the Director with respect to such analysis, together

with such recommendations for legislative or administrative action

as the Chief Information Officer and the Director may have with

respect to the matters covered by such analysis.

SEC. 1512. ELIGIBILITY OF OWNERS AND OPERATORS OF CRITICAL

INFRASTRUCTURE TO RECEIVE CERTAIN DEPARTMENT

OF DEFENSE SUPPORT AND SERVICES.

Section 2012 of title 10, United States Code is amended—

(1) in subsection (e)—

(A) by redesignating paragraph (3) as paragraph (4);

and

(B) by inserting after paragraph (2) the following new

paragraph:

‘‘(3) Owners and operators of critical infrastructure (as

such term is defined in section 1016(e) of Public Law 107–

56 (42 U.S.C. 5195c(e))).’’; and

(2) in subsection (f), by adding at the end the following

new paragraph:

‘‘(5) Procedures to ensure that assistance provided to an

entity specified in subsection (e)(3) is provided in a manner

that is consistent with similar assistance provided under

authorities applicable to other Federal departments and agen-

cies, including the authorities of the Cybersecurity and Infra-

structure Security Agency of the Department of Homeland Secu-

rity pursuant to title XXII of the Homeland Security Act of

2002 (6 U.S.C. 651 et seq.).’’.

SEC. 1513. REPORT ON POTENTIAL DEPARTMENT OF DEFENSE SUP-

PORT AND ASSISTANCE FOR INCREASING THE AWARE-

NESS OF THE CYBERSECURITY AND INFRASTRUCTURE

SECURITY AGENCY OF CYBER THREATS AND

VULNERABILITIES AFFECTING CRITICAL INFRASTRUC-

TURE.

(a) R

EPORT

EQUIRED

.—Not later than 270 days after the date

of the enactment of this Act, the Secretary of Defense, in consulta-

tion with the Secretary of Homeland Security and the National

Cyber Director, shall submit to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the House

of Representatives a report that provides recommendations on how

the Department of Defense can improve support and assistance

to the Cybersecurity and Infrastructure Security Agency of the

Department of Homeland Security to increase awareness of cyber

threats and vulnerabilities affecting information technology and

networks supporting critical infrastructure within the United

States, including critical infrastructure of the Department and crit-

ical infrastructure relating to the defense of the United States.

(b) E

LEMENTS OF

EPORT

.—The report required by subsection

(a) shall—

(1) assess and identify areas in which the Department

of Defense could provide support or assistance, including

through information sharing and voluntary network monitoring

programs, to the Cybersecurity and Infrastructure Security

Agency to expand or increase technical understanding and

Assessments.

Consultation.

Recommenda-

tions.

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135 STAT. 2040 PUBLIC LAW 117–81—DEC. 27, 2021

awareness of cyber threats and vulnerabilities affecting critical

infrastructure;

(2) identify and assess any legal, policy, organizational,

or technical barriers to carrying out paragraph (1);

(3) assess and describe any legal or policy changes nec-

essary to enable the Department to carry out paragraph (1)

while preserving privacy and civil liberties;

(4) assess and describe the budgetary and other resource

effects on the Department of carrying out paragraph (1); and

(5) provide a notional time-phased plan, including mile-

stones, to enable the Department to carry out paragraph (1).

RITICAL

NFRASTRUCTURE

EFINED

.—In this section, the

term ‘‘critical infrastructure’’ has the meaning given such term

in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).

Subtitle B—Matters Related to Department

of Defense Cybersecurity and Informa-

tion Technology

SEC. 1521. ENTERPRISE-WIDE PROCUREMENT OF CYBER DATA PROD-

UCTS AND SERVICES.

(a) P

ROGRAM

.—Not later than one year after the date of the

enactment of this Act, the Secretary of Defense shall designate

an executive agent for Department of Defense-wide procurement

of cyber data products and services. The executive agent shall

establish a program management office responsible for such

procurement, and the program manager of such program office

shall be responsible for the following:

(1) Surveying components of the Department for the cyber

data products and services needs of such components.

(2) Conducting market research of cyber data products

and services.

(3) Developing or facilitating development of requirements,

both independently and through consultation with components,

for the acquisition of cyber data products and services.

(4) Developing and instituting model contract language

for the acquisition of cyber data products and services, including

contract language that facilitates components’ requirements for

ingesting, sharing, using and reusing, structuring, and ana-

lyzing data derived from such products and services.

(5) Conducting procurement of cyber data products and

services on behalf of the Department of Defense, including

negotiating contracts with a fixed number of licenses based

on aggregate component demand and negotiation of extensible

contracts.

(6) Carrying out the responsibilities specified in paragraphs

(1) through (5) with respect to the cyber data products and

services needs of the Cyberspace Operations Forces, such as

cyber data products and services germane to cyberspace

topology and identification of adversary threat activity and

infrastructure, including—

(A) facilitating the development of cyber data products

and services requirements for the Cyberspace Operations

Forces, conducting market research regarding the future

cyber data products and services needs of the Cyberspace

Deadline.

10 USC 2224

note.

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135 STAT. 2041 PUBLIC LAW 117–81—DEC. 27, 2021

Operations Forces, and conducting acquisitions pursuant

to such requirements and market research;

(B) coordinating cyber data products and services

acquisition and management activities with Joint Cyber

Warfighting Architecture acquisition and management

activities, including activities germane to data storage, data

management, and development of analytics;

United States Cyber Command policy germane to acquisi-

tion of cyber data products and services;

(D) leading or informing the integration of relevant

datasets and services, including Government-produced

threat data, commercial cyber threat information, collateral

telemetry data, topology-relevant data, sensor data, and

partner-provided data; and

(E) facilitating the development of tradecraft and oper-

ational workflows based on relevant cyber data products

and services.

(b) C

OORDINATION

.—In implementing this section, each compo-

nent of the Department of Defense shall coordinate its cyber data

products and services requirements and potential procurement

plans relating to such products and services with the program

management office established pursuant to subsection (a) so as

to enable such office to determine if satisfying such requirements

or procurement of such products and services on an enterprise-

wide basis would serve the best interests of the Department.

ROHIBITION

.—Beginning not later than 540 days after the

date of the enactment of this Act, no component of the Department

of Defense may independently procure a cyber data product or

service that has been procured by the program management office

established pursuant to subsection (a), unless—

(1) such component is able to procure such product or

service at a lower per-unit price than that available through

such office; or

(2) such office has approved such independent purchase.

(d) E

XCEPTION

.—United States Cyber Command and the

National Security Agency may conduct joint procurements of prod-

ucts and services, including cyber data products and services, except

that the requirements of subsections (b) and (c) shall not apply

to the National Security Agency.

(e) D

EFINITION

.—In this section, the term ‘‘cyber data products

and services’’ means commercially-available datasets and analytic

services germane to offensive cyber, defensive cyber, and DODIN

operations, including products and services that provide technical

data, indicators, and analytic services relating to the targets, infra-

structure, tools, and tactics, techniques, and procedures of cyber

threats.

SEC. 1522. LEGACY INFORMATION TECHNOLOGIES AND SYSTEMS

ACCOUNTABILITY.

(a) I

ENERAL

.—Not later than 270 days after the date of

the enactment of this Act, the Secretaries of the Army, Navy,

and Air Force shall each initiate efforts to identify legacy applica-

tions, software, and information technology within their respective

Departments and eliminate any such application, software, or

information technology that is no longer required.

Deadline.

10 USC 4571

note.

Deadline.

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135 STAT. 2042 PUBLIC LAW 117–81—DEC. 27, 2021

(b) S

PECIFICATIONS

.—To carry out subsection (a), that Secre-

taries of the Army, Navy, and Air Force shall each document

the following:

(1) An identification of the applications, software, and

information technologies that are considered active or oper-

ational, but which are judged to no longer be required by

the respective Department.

(2) Information relating to the sources of funding for the

applications, software, and information technologies identified

pursuant to paragraph (1).

(3) An identification of the senior official responsible for

each such application, software, or information technology.

(4) A plan to discontinue use and funding for each such

application, software, or information technology.

XEMPTION

.—Any effort substantially similar to that

described in subsections (a) and (b) that is being carried out by

the Secretary of the Army, Navy, or Air Force as of the date

of the enactment of this Act and completed not later 180 days

after such date shall be treated as satisfying the requirements

under such subsections.

(d) R

EPORT

.—Not later than 270 days after the date of the

enactment of this Act, the Secretaries of the Army, Navy, and

Air Force shall each submit to the congressional defense committees

the documentation required under subsection (b).

SEC. 1523. UPDATE RELATING TO RESPONSIBILITIES OF CHIEF

INFORMATION OFFICER.

Paragraph (1) of section 142(b) of title 10, United States Code,

is amended—

(1) in subparagraphs (A), (B), and (C), by striking ‘‘(other

than with respect to business management)’’ each place it

appears; and

(2) by amending subparagraph (D) to read as follows:

‘‘(D) exercises authority, direction, and control over

the Activities of the Cybersecurity Directorate, or any suc-

cessor organization, of the National Security Agency,

funded through the Information Systems Security Pro-

gram;’’.

SEC. 1524. PROTECTIVE DOMAIN NAME SYSTEM WITHIN THE DEPART-

MENT OF DEFENSE.

(a) I

ENERAL

.—Not later than 120 days after the date of

the enactment of this Act, the Secretary of Defense shall ensure

each component of the Department of Defense uses a Protective

Domain Name System (PDNS) instantiation offered by the Depart-

ment.

(b) E

XEMPTIONS

.—The Secretary of Defense may exempt a

component of the Department from using a PDNS instantiation

for any reason except with respect to cost or technical application.

EPORT TO

ONGRESS

.—Not later than 150 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 information relating to—

(1) each component of the Department of Defense that

uses a PDNS instantiation offered by the Department;

(2) each component exempt from using a PDNS

instantiation pursuant to subsection (b); and

Deadline.

10 USC 2224

note.

Deadline.

Plan.

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135 STAT. 2043 PUBLIC LAW 117–81—DEC. 27, 2021

(3) efforts to ensure that each PDNS instantiation offered

by the Department connects and shares relevant and timely

data.

SEC. 1525. CYBERSECURITY OF WEAPON SYSTEMS.

Section 1640 of the National Defense Authorization Act for

Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2224 note), is

amended by adding at the end the following new subsection:

‘‘(f) A

NNUAL

EPORTS

.—Not later than August 30, 2022, and

annually thereafter through 2024, the Secretary of Defense shall

provide to the congressional defense committees a report on the

work of the Program, including information relating to staffing

and accomplishments.’’.

SEC. 1526. ASSESSMENT OF CONTROLLED UNCLASSIFIED INFORMA-

TION PROGRAM.

Section 1648 of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2224 note), is

amended—

(1) in subsection (a), by striking ‘‘February 1, 2020’’ and

inserting ‘‘180 days after the date of the enactment of the

National Defense Authorization Act for Fiscal Year 2022’’; and

(2) in subsection (b), by amending paragraph (4) to read

as follows:

‘‘(4) Definitions for ‘Controlled Unclassified Information’

(CUI) and ‘For Official Use Only’ (FOUO), policies regarding

protecting information designated as either of such, and an

explanation of the ‘DoD CUI Program’ and Department of

Defense compliance with the responsibilities specified in

Department of Defense Instruction (DoDI) 5200.48, ‘Controlled

Unclassified Information (CUI),’ including the following:

‘‘(A) The extent to which the Department of Defense

is identifying whether information is CUI via a contracting

vehicle and marking documents, material, and media con-

taining such information in a clear and consistent manner.

‘‘(B) Recommended regulatory or policy changes to

ensure consistency and clarity in CUI identification and

marking requirements.

‘‘(C) Circumstances under which commercial informa-

tion is considered CUI, and any impacts to the commercial

supply chain associated with security and marking require-

ments pursuant to this paragraph.

‘‘(D) Benefits and drawbacks of requiring all CUI to

be marked with a unique CUI legend, versus requiring

that all data marked with an appropriate restricted legend

be handled as CUI.

‘‘(E) The extent to which the Department of Defense

clearly delineates Federal Contract Information (FCI) from

CUI.

‘‘(F) Examples or scenarios to illustrate information

that is and is not CUI.’’.

SEC. 1527. CYBER DATA MANAGEMENT.

(a) I

ENERAL

.—The Commander of United States Cyber Com-

mand and the Secretaries of the military departments, in coordina-

tion with the Principal Cyber Advisor to the Secretary, the Chief

Information Officer and the Chief Data Officer of the Department

of Defense, and the Chairman of the Joint Chiefs of Staff, shall—

10 USC 2224

note.

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135 STAT. 2044 PUBLIC LAW 117–81—DEC. 27, 2021

(1) access, acquire, and use mission-relevant data to sup-

port offensive cyber, defensive cyber, and DODIN operations

from the intelligence community, other elements of the Depart-

ment of Defense, and the private sector;

(2) develop policy, processes, and operating procedures gov-

erning the access, ingest, structure, storage, analysis, and com-

bination of mission-relevant data, including—

(A) intelligence data;

(B) internet traffic, topology, and activity data;

(D) Department of Defense Information Network

sensor, tool, routing infrastructure, and endpoint data; and

(E) other data management and analytic platforms

pertinent to United States Cyber Command missions that

align with the principles of Joint All Domain Command

and Control;

(3) pilot efforts to develop operational workflows and tac-

tics, techniques, and procedures for the operational use of mis-

sion-relevant data by the Cyberspace Operations Forces; and

(4) evaluate data management platforms used to carry

out paragraphs (1), (2), and (3) to ensure such platforms operate

consistently with the Deputy Secretary of Defense’s Data

Decrees signed on May 5, 2021.

(b) R

OLES AND

ESPONSIBILITIES

.—

(1) I

N GENERAL

.—Not later than 270 days after the date

of the enactment of this Act, the Commander of United States

Cyber Command and the Secretaries of the military depart-

ments, in coordination with the Principal Cyber Advisor to

the Secretary, the Chief Information Officer and Chief Data

Officer of the Department of Defense, and the Chairman of

the Joint Chiefs of Staff, shall establish the specific roles and

responsibilities of the following in implementing each of the

tasks required under subsection (a):

(A) United States Cyber Command.

(B) Program offices responsible for the components of

the Joint Cyber Warfighting Architecture.

(D) Entities in the Office of the Secretary of Defense.

(E) Any other program office, headquarters element,

or operational component newly instantiated or determined

relevant by the Secretary.

(2) B

RIEFING

.—Not later than 300 days after the date of

the enactment of this Act, the Secretary of Defense shall provide

to the congressional defense committees a briefing on the roles

and responsibilities established under paragraph (1).

SEC. 1528. ZERO TRUST STRATEGY, PRINCIPLES, MODEL ARCHITEC-

TURE, AND IMPLEMENTATION PLANS.

(a) I

ENERAL

.—Not later than 270 days after the date of

the enactment of this Act, the Chief Information Officer of the

Department of Defense and the Commander of United States Cyber

Command shall jointly develop a zero trust strategy, principles,

and a model architecture to be implemented across the Department

of Defense Information Network, including classified networks, oper-

ational technology, and weapon systems.

(b) S

TRATEGY

, P

RINCIPLES

AND

ODEL

RCHITECTURE

MENTS

.—The zero trust strategy, principles, and model architecture

Deadline.

10 USC 2224

note.

Deadline.

Evaluation.

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135 STAT. 2045 PUBLIC LAW 117–81—DEC. 27, 2021

required under subsection (a) shall include, at a minimum, the

following elements:

(1) Prioritized policies and procedures for establishing

implementations of mature zero trust enabling capabilities

within on-premises, hybrid, and pure cloud environments,

including access control policies that determine which persona

or device shall have access to which resources and the following:

(A) Identity, credential, and access management.

(B) Macro and micro network segmentation, whether

in virtual, logical, or physical environments.

(D) Application security and containment.

(E) Transmission, ingest, storage, and real-time anal-

ysis of cybersecurity metadata endpoints, networks, and

storage devices.

(F) Data management, data rights management, and

access controls.

(G) End-to-end encryption.

(H) User access and behavioral monitoring, logging,

and analysis.

(I) Data loss detection and prevention methodologies.

(J) Least privilege, including system or network

administrator privileges.

(K) Endpoint cybersecurity, including secure host, end-

point detection and response, and comply-to-connect

requirements.

(L) Automation and orchestration.

(M) Configuration management of virtual machines,

devices, servers, routers, and similar to be maintained on

a single virtual device approved list (VDL).

(2) Policies specific to operational technology, critical data,

infrastructures, weapon systems, and classified networks.

(3) Specification of enterprise-wide acquisitions of capabili-

ties conducted or to be conducted pursuant to the policies

referred to in paragraph (2).

(4) Specification of standard zero trust principles sup-

porting reference architectures and metrics-based assessment

plan.

(5) Roles, responsibilities, functions, and operational

workflows of zero trust cybersecurity architecture and informa-

tion technology personnel—

(A) at combatant commands, military services, and

defense agencies; and

(B) Joint Forces Headquarters-Department of Defense

Information Network.

RCHITECTURE

EVELOPMENT AND

MPLEMENTATION

.—In

developing and implementing the zero trust strategy, principles,

and model architecture required under subsection (a), the Chief

Information Officer of the Department of Defense and the Com-

mander of United States Cyber Command shall—

(1) coordinate with—

(A) the Principal Cyber Advisor to the Secretary of

Defense;

(B) the Director of the National Security Agency Cyber-

security Directorate;

Projects Agency;

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135 STAT. 2046 PUBLIC LAW 117–81—DEC. 27, 2021

(D) the Chief Information Officer of each military

service;

(E) the Commanders of the cyber components of the

military services;

(F) the Principal Cyber Advisor of each military service;

(G) the Chairman of the Joints Chiefs of Staff; and

(H) any other component of the Department of Defense

as determined by the Chief Information Officer and the

Commander;

(2) assess the utility of the Joint Regional Security Stacks,

automated continuous endpoint monitoring program, assured

compliance assessment solution, and each of the defenses at

the Internet Access Points for their relevance and applicability

to the zero trust architecture and opportunities for integration

or divestment;

(3) employ all available resources, including online training,

leveraging commercially available zero trust training material,

and other Federal agency training, where feasible, to implement

cybersecurity training on zero trust at the—

(A) executive level;

(B) cybersecurity professional or implementer level;

and

users;

(4) facilitate cyber protection team and cybersecurity

service provider threat hunting and discovery of novel

adversary activity;

(5) assess and implement means to effect Joint Force Head-

quarters-Department of Defense Information Network’s auto-

mated command and control of the entire Department of

Defense Information Network;

(6) assess the potential of and, as appropriate, encourage,

use of third-party cybersecurity-as-a-service models;

(7) engage with and conduct outreach to industry, aca-

demia, international partners, and other departments and agen-

cies of the Federal Government on issues relating to deployment

of zero trust architectures;

(8) assess the current Comply-to-Connect Plan; and

(9) review past and conduct additional pilots to guide

development, including—

(A) utilization of networks designated for testing and

accreditation under section 1658 of the National Defense

Authorization Act for Fiscal Year 2020 (Public Law 116–

92; 10 U.S.C. 2224 note);

(B) use of automated red team products for assessment

of pilot architectures; and

enterprise use in accordance with the findings on enterprise

accreditation standards conducted pursuant to section 1654

of such Act (Public Law 116–92).

(d) I

MPLEMENTATION

LANS

.—

(1) I

N GENERAL

.—Not later than one year after the finaliza-

tion of the zero trust strategy, principles, and model architec-

ture required under subsection (a), the head of each military

department and the head of each component of the Department

of Defense shall transmit to the Chief Information Officer of

Deadline.

Review.

Assessment.

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135 STAT. 2047 PUBLIC LAW 117–81—DEC. 27, 2021

the Department and the Commander of Joint Forces Head-

quarters-Department of Defense Information Network a draft

plan to implement such zero trust strategy, principles, and

model architecture across the networks of their respective

components and military departments.

(2) E

LEMENTS

.—Each implementation plan transmitted

pursuant to paragraph (1) shall include, at a minimum, the

following:

(A) Specific acquisitions, implementations,

instrumentations, and operational workflows to be imple-

mented across unclassified and classified networks, oper-

ational technology, and weapon systems.

(B) A detailed schedule with target milestones and

required expenditures.

tion plan.

(D) Identification of additional funding, authorities,

and policies, as may be required.

(E) Requested waivers, exceptions to Department of

Defense policy, and expected delays.

(e) I

MPLEMENTATION

VERSIGHT

.—

(1) I

N GENERAL

.—The Chief Information Officer of the

Department of Defense shall—

(A) assess the implementation plans transmitted

pursuant to subsection (d)(1) for—

(i) adequacy and responsiveness to the zero trust

strategy, principles, and model architecture required

under subsection (a); and

(ii) appropriate use of enterprise-wide acquisitions;

(B) ensure, at a high level, the interoperability and

compatibility of individual components’ Solutions Architec-

tures, including the leveraging of enterprise capabilities

where appropriate through standards derivation, policy,

and reviews;

to ensure appropriate implementation of such plans,

including appropriate use of enterprise-wide acquisitions;

(D) track use of waivers and exceptions to policy;

(E) use the Cybersecurity Scorecard to track and drive

implementation of Department components; and

(F) leverage the authorities of the Commander of Joint

Forces Headquarters-Department of Defense Information

Network and the Director of the Defense Information Sys-

tems Agency to begin implementation of such zero trust

strategy, principles, and model architecture.

(2) A

SSESSMENTS OF FUNDING

.—Not later than March 31,

2024, and annually thereafter, each Principal Cyber Advisor

of a military service shall include in the annual budget certifi-

cation of such military service, as required by section 1657(d)

of the National Defense Authorization Act for Fiscal Year 2020

(Public Law 116–92; 10 U.S.C. 391 note), an assessment of

the adequacy of funding requested for each proposed budget

for the purposes of carrying out the implementation plan for

such military service under subsection (d)(1).

(f) I

NITIAL

RIEFINGS

.—

Deadline.

Assessment.

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135 STAT. 2048 PUBLIC LAW 117–81—DEC. 27, 2021

(1) O

N MODEL ARCHITECTURE

.—Not later than 90 days after

finalizing the zero trust strategy, principles, and model architec-

ture required under subsection (a), the Chief Information

Officer of the Department of Defense and the Commander

of Joint Forces Headquarters-Department of Defense Informa-

tion Network shall provide to the congressional defense commit-

tees a briefing on such zero trust strategy, principles, and

model architecture.

(2) O

N IMPLEMENTATION PLANS

.—Not later than 90 days

after the receipt by the Chief Information Officer of the Depart-

ment of Defense of an implementation plan transmitted pursu-

ant to subsection (d)(1), the secretary of a military department,

in the case of an implementation plan pertaining to a military

department or a military service, or the Chief Information

Officer of the Department, in the case of an implementation

plan pertaining to a remaining component of the Department,

as the case may be, shall provide to the congressional defense

committees a briefing on such implementation plan.

(g) A

NNUAL

RIEFINGS

.—Effective February 1, 2022, at each

of the annual cybersecurity budget review briefings of the Chief

Information Officer of the Department of Defense and the military

services for congressional staff, until January 1, 2030, the Chief

Information Officer and the head of each of the military services

shall provide updates on the implementation in their respective

networks of the zero trust strategy, principles, and model architec-

ture.

SEC. 1529. DEMONSTRATION PROGRAM FOR AUTOMATED SECURITY

VALIDATION TOOLS.

(a) D

EMONSTRATION

ROGRAM

EQUIRED

.—Not later than

October 1, 2024, the Chief Information Officer of the Department

of Defense, acting through the Director of the Defense Information

Systems Agency of the Department, shall complete a demonstration

program to demonstrate and assess an automated security valida-

tion capability to assist the Department by—

(1) mitigating cyber hygiene challenges;

(2) supporting ongoing efforts of the Department to assess

weapon systems resiliency;

(3) quantifying enterprise security effectiveness of enter-

prise security controls, to inform future acquisition decisions

of the Department;

(4) assisting portfolio managers with balancing capability

costs and capability coverage of the threat landscape; and

(5) supporting the Department’s Cybersecurity Analysis

and Review threat framework.

(b) C

ONSIDERATIONS

.—In developing capabilities for the dem-

onstration program required under subsection (a), the Chief

Information Officer shall consider—

(1) integration into automated security validation tools of

advanced commercially available threat intelligence;

(2) metrics and scoring of security controls;

(3) cyber analysis, cyber campaign tracking, and cybersecu-

rity information sharing;

(4) integration into cybersecurity enclaves and existing

cybersecurity controls of security instrumentation and testing

capability;

(5) endpoint sandboxing; and

Deadline.

10 USC 2224

note.

Effective date.

Deadline.

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135 STAT. 2049 PUBLIC LAW 117–81—DEC. 27, 2021

(6) use of actual adversary attack methodologies.

OORDINATION

ITH

ILITARY

ERVICES

.—In carrying out

the demonstration program required under subsection (a), the Chief

Information Officer, acting through the Director of the Defense

Information Systems Agency, shall coordinate demonstration pro-

gram activities with complementary efforts on-going within the

military services, defense agencies, and field agencies.

(d) I

NDEPENDENT

APABILITY

SSESSMENT

.—In carrying out the

demonstration program required under subsection (a), the Chief

Information Officer, acting through the Director of the Defense

Information Systems Agency and in coordination with the Director,

Operational Test and Evaluation, shall perform operational testing

to evaluate the operational effectiveness, suitability, and cybersecu-

rity of the capabilities developed under the demonstration program.

(e) B

RIEFING

.—

(1) I

NITIAL BRIEFING

.—Not later than April 1, 2022, the

Chief Information Officer shall brief the Committee on Armed

Services of the Senate and the Committee on Armed Services

of the House of Representatives on the plans and status of

the Chief Information Officer with respect to the demonstration

program required under subsection (a).

(2) F

INAL BRIEFING

.—Not later than October 31, 2024, the

Chief Information Officer shall brief the Committee on Armed

Services of the Senate and the Committee on Armed Services

of the House of Representatives on the results and findings

of the Chief Information Officer with respect to the demonstra-

tion program required under subsection (a).

SEC. 1530. IMPROVEMENTS TO CONSORTIUM OF UNIVERSITIES TO

ADVISE SECRETARY OF DEFENSE ON CYBERSECURITY

MATTERS.

Section 1659 of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note) is

amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking

‘‘one or more consortia’’ and inserting ‘‘a consortium’’; and

(B) in paragraph (1), by striking ‘‘or consortia’’;

(2) in subsection (b), by striking ‘‘or consortia’’;

(3) in subsection (c)—

(A) by amending paragraph (1) to read as follows:

‘‘(1) D

ESIGNATION OF ADMINISTRATIVE CHAIR

.—The Sec-

retary of Defense shall designate the National Defense Univer-

sity College of Information and Cyberspace to function as the

administrative chair of the consortium established pursuant

to subsection (a).’’;

(B) by striking paragraph (2);

graphs (2) and (3), respectively;

(D) in paragraph (2), as so redesignated—

(i) in the matter preceding subparagraph (A)—

(I) by striking ‘‘Each administrative’’ and

inserting ‘‘The administrative’’; and

(II) by striking ‘‘a consortium’’ and inserting

‘‘the consortium’’; and

(ii) in subparagraph (A), by striking ‘‘for the term

specified by the Secretary under paragraph (1)’’; and

Deadlines.

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135 STAT. 2050 PUBLIC LAW 117–81—DEC. 27, 2021

(E) by amending paragraph (3), as so redesignated,

to read as follows:

‘‘(3) E

XECUTIVE COMMITTEE

.—The Secretary, in consultation

with the administrative chair, may form an executive committee

for the consortium that is comprised of representatives of the

Federal Government to assist the chair with the management

and functions of the consortium.’’; and

(4) by amending subsection (d) to read as follows:

‘‘(d) C

ONSULTATION

.—The Secretary shall meet with such mem-

bers of the consortium as the Secretary considers appropriate, not

less frequently than twice each year or at such periodicity as

is agreed to by the Secretary and the consortium.’’.

SEC. 1531. DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN AND

WORKING GROUP.

(a) P

LAN

EQUIRED

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense, acting

through the working group established under subsection (d)(1),

shall develop a plan for the establishment of a modern information

technology infrastructure that supports state of the art tools and

modern processes to enable effective and efficient development,

testing, fielding, and continuous updating of artificial intelligence-

capabilities.

(b) C

ONTENTS OF

LAN

.—The plan developed pursuant to sub-

section (a) shall include at a minimum the following:

(1) A technical plan and guidance for necessary technical

investments in the infrastructure described in subsection (a)

that address critical technical issues, including issues relating

to common interfaces, authentication, applications, platforms,

software, hardware, and data infrastructure.

(2) A governance structure, together with associated poli-

cies and guidance, to support the implementation throughout

the Department of such plan.

(3) Identification and minimum viable instantiations of

prototypical development and platform environments with such

infrastructure, including enterprise data sets assembled under

subsection (e).

ARMONIZATION

ITH

EPARTMENTAL

FFORTS

.—The plan

developed pursuant to subsection (a) shall include a description

of the aggregated and consolidated financial and personnel require-

ments necessary to implement each of the following Department

of Defense documents:

(1) The Department of Defense Digital Modernization

Strategy.

(2) The Department of Defense Data Strategy.

(3) The Department of Defense Cloud Strategy.

(4) The Department of Defense Software Modernization

Strategy.

(5) The Department-wide software science and technology

strategy required under section 255 of the National Defense

Authorization Act for Fiscal Year 2020 (10 U.S.C. 2223a note).

(6) The Department of Defense Artificial Intelligence Data

Initiative.

(7) The Joint All-Domain Command and Control Strategy.

(8) Such other documents as the Secretary determines

appropriate.

(d) W

ORKING

ROUP

.—

Deadline.

Consultation.

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135 STAT. 2051 PUBLIC LAW 117–81—DEC. 27, 2021

(1) E

STABLISHMENT

.—Not later than 60 days after the date

of the enactment of this Act, the Secretary of Defense shall

establish a working group on digital development infrastructure

implementation to develop the plan required under subsection

(a).

(2) M

EMBERSHIP

.—The working group established under

paragraph (1) shall be composed of individuals selected by

the Secretary of Defense to represent each of the following:

(A) The Office of Chief Data Officer (CDO).

(B) The Component Offices of Chief Information Officer

and Chief Digital Officer.

(D) The Office of the Under Secretary of Defense for

Research & Engineering (OUSD (R&E)).

(E) The Office of the Under Secretary of Defense for

Acquisition & Sustainment (OUSD (A&S)).

(F) The Office of the Under Secretary of Defense for

Intelligence & Security (OUSD (I&S)).

(G) Service Acquisition Executives.

(H) The Office of the Director of Operational Test and

Evaluation (DOT&E).

(I) The office of the Director of the Defense Advanced

Research Projects Agency (DARPA).

(J) Digital development infrastructure programs,

including the appropriate activities of the military services

and defense agencies.

(K) Such other officials of the Department of Defense

as the Secretary determines appropriate.

(3) C

HAIRPERSON

.—The chairperson of the working group

established under paragraph (1) shall be the Chief Information

Officer of the Department of Defense, or such other official

as the Secretary of Defense considers appropriate.

(4) C

ONSULTATION

.—The working group shall consult with

such experts outside of the Department of Defense as the

working group considers necessary to develop the plan required

under subsection (a).

(e) S

TRATEGIC

ATA

ODE

.—To enable efficient access to enter-

prise data sets referred to in subsection (b)(3) for users with author-

ized access, the Secretary of Defense shall assemble such enterprise

data sets in the following areas:

(1) Human resources.

(2) Budget and finance.

(3) Acquisition.

(4) Logistics.

(5) Real estate.

(6) Health care.

(7) Such other areas as the Secretary considers appropriate.

(f) R

EPORT

.—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 status of

the development of the plan required under subsection (a).

Deadline.

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135 STAT. 2052 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1532. STUDY REGARDING ESTABLISHMENT WITHIN THE DEPART-

MENT OF DEFENSE OF A DESIGNATED CENTRAL PRO-

GRAM OFFICE TO OVERSEE ACADEMIC ENGAGEMENT

PROGRAMS RELATING TO ESTABLISHING CYBER TALENT

ACROSS THE DEPARTMENT.

(a) I

ENERAL

.—Not later than 270 days after the date of

the enactment of this Act, the Secretary of Defense shall submit

to the congressional defense committees a study regarding the

need, feasibility, and advisability of establishing within the Depart-

ment of Defense a designated central program office responsible

for overseeing covered academic engagement programs across the

Department. Such study shall examine the following:

(1) Whether the Department’s cyber-focused academic

engagement needs more coherence, additional coordination, or

improved management, and whether a designated central pro-

gram office would provide such benefits.

(2) How such a designated central program office would

coordinate and harmonize Department programs relating to

covered academic engagement programs.

(3) Metrics such office would use to measure the effective-

ness of covered academic engagement programs.

(4) Whether such an office is necessary to serve as an

identifiable entry point to the Department by the academic

community.

(5) Whether the cyber discipline with respect to academic

engagement should be treated separately from other STEM

fields.

(6) How such an office would interact with the consortium

universities (established pursuant to section 1659 of the

National Defense Authorization Act for Fiscal Year 2020 (10

U.S.C. 391 note)) to assist the Secretary on cybersecurity mat-

ters.

(7) Whether the establishment of such an office would

have an estimated net savings for the Department.

(b) C

ONSULTATION

.—In conducting the study required under

subsection (a), the Secretary of Defense shall consult with and

solicit recommendations from academic institutions and stake-

holders, including primary, secondary, and post-secondary edu-

cational institutions.

ETERMINATION

.—

(1) I

N GENERAL

.—Upon completion of the study required

under subsection (a), the Secretary of Defense shall make a

determination regarding the establishment within the Depart-

ment of Defense of a designated central program office respon-

sible for overseeing covered academic engagement programs

across the Department.

(2) I

MPLEMENTATION

.—If the Secretary of Defense makes

an affirmative determination in accordance with paragraph

(1), the Secretary shall establish within the Department of

Defense a designated central program office responsible for

overseeing covered academic programs across the Department.

Not later than 180 days after such a determination, the Sec-

retary shall promulgate such rules and regulations as are nec-

essary to so establish such an office.

(3) N

EGATIVE DETERMINATION

.—If the Secretary of Defense

makes a negative determination in accordance with paragraph

(1), the Secretary shall submit to the congressional defense

Notice.

Deadline.

Regulations.

Deadline.

10 USC 2191

note prec.

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135 STAT. 2053 PUBLIC LAW 117–81—DEC. 27, 2021

committees notice of such determination, together with a jus-

tification for such determination. Such justification shall

include—

(A) how the Secretary intends to coordinate and har-

monize covered academic engagement programs; and

(B) measures to determine effectiveness of covered aca-

demic engagement programs absent a designated central

program office responsible for overseeing covered academic

programs across the Department.

(d) R

EPORT

.—Not later than 270 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the congressional defense committees a report that updates the

matters required for inclusion in the reports required pursuant

to section 1649 of the National Defense Authorization Act for Fiscal

Year 2020 (Public Law 116–92) and section 1726(c) of the William

M. (Mac) Thornberry National Defense Authorization Act for Fiscal

Year 2021 (Public Law 116–283).

(e) D

EFINITION

.—In this section, the term ‘‘covered academic

engagement program’’ means each of the following:

(1) Primary, secondary, or post-secondary education pro-

grams with a cyber focus.

(2) Recruitment or retention programs for Department of

Defense cyberspace personnel, including scholarship programs.

(3) Academic partnerships focused on establishing cyber

talent.

(4) Cyber enrichment programs.

SEC. 1533. REPORT ON THE CYBERSECURITY MATURITY MODEL CER-

TIFICATION PROGRAM.

(a) R

EPORT

EQUIRED

.—Not later than 90 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 Com-

mittee on Armed Services of the House of Representatives a report

on the plans and recommendations of the Secretary for the Cyber

Maturity Model Certification program.

(b) C

ONTENTS

.—The report submitted under subsection (a) shall

include the following:

(1) The programmatic changes required in the Cyber Matu-

rity Model Certification program to address the plans and rec-

ommendations of the Secretary of Defense referred to in such

subsection.

(2) The strategy of the Secretary for rulemaking for such

program and the process for the Cybersecurity Maturity Model

Certification rule.

(3) The budget and resources required to support such

program.

(4) A plan for communication and coordination with the

defense industrial base regarding such program.

(5) The coordination needed within the Department of

Defense and between Federal agencies for such program.

(6) The applicability of such program requirements to

universities and academic partners of the Department.

(7) A plan for communication and coordination with such

universities and academic partners regarding such program.

(8) Plans and explicit public announcement of processes

for reimbursement of cybersecurity compliance expenses for

Plans.

Recommenda-

tions.

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135 STAT. 2054 PUBLIC LAW 117–81—DEC. 27, 2021

small and non-traditional businesses in the defense industrial

base.

(9) Plans for ensuring that persons seeking a Department

contract for the first time are not required to expend funds

to acquire cybersecurity capabilities and a certification required

to perform under a contract as a precondition for bidding on

such a contract without reimbursement in the event that such

persons do not receive a contract award.

(10) Clarification of roles and responsibilities of prime con-

tractors for assisting and managing cybersecurity performance

of subcontractors.

(11) Such additional matters as the Secretary considers

appropriate.

SEC. 1534. DEADLINE FOR REPORTS ON ASSESSMENT OF CYBER RESIL-

IENCY OF NUCLEAR COMMAND AND CONTROL SYSTEM.

Subsection (c) of section 499 of title 10, United States Code,

is amended—

(1) in the heading, by striking ‘‘R

EPORT

’’ and inserting

‘‘R

EPORTS

’’;

(2) in paragraph (1), in the matter preceding subparagraph

(A)—

(A) by striking ‘‘The Commanders’’ and inserting ‘‘For

each assessment conducted under subsection (a), the Com-

manders’’; and

(B) by striking ‘‘the assessment required by subsection

(a)’’ and inserting ‘‘the assessment’’;

(3) in paragraph (2), by striking ‘‘the report’’ and inserting

‘‘each report’’; and

(4) in paragraph (3)—

(A) by striking ‘‘The Secretary’’ and inserting ‘‘Not

later than 90 days after the date of the submission of

a report under paragraph (1), the Secretary’’; and

(B) by striking ‘‘required by paragraph (1)’’.

Subtitle C—Matters Related to Federal

Cybersecurity

SEC. 1541. CAPABILITIES OF THE CYBERSECURITY AND INFRASTRUC-

TURE SECURITY AGENCY TO IDENTIFY THREATS TO

INDUSTRIAL CONTROL SYSTEMS.

(a) I

ENERAL

.—Section 2209 of the Homeland Security Act

of 2002 (6 U.S.C. 659) is amended—

(1) in subsection (e)(1)—

(A) in subparagraph (G), by striking ‘‘and;’’ after the

semicolon;

(B) in subparagraph (H), by inserting ‘‘and’’ after the

semicolon; and

graph:

‘‘(I) activities of the Center address the security of

both information technology and operational technology,

including industrial control systems;’’; and

(2) by adding at the end the following new subsection:

‘‘(q) I

NDUSTRIAL

ONTROL

YSTEMS

.—The Director shall main-

tain capabilities to identify and address threats and vulnerabilities

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135 STAT. 2055 PUBLIC LAW 117–81—DEC. 27, 2021

to products and technologies intended for use in the automated

control of critical infrastructure processes. In carrying out this

subsection, the Director shall—

‘‘(1) lead Federal Government efforts, in consultation with

Sector Risk Management Agencies, as appropriate, to identify

and mitigate cybersecurity threats to industrial control systems,

including supervisory control and data acquisition systems;

‘‘(2) maintain threat hunting and incident response

capabilities to respond to industrial control system cybersecu-

rity risks and incidents;

‘‘(3) provide cybersecurity technical assistance to industry

end-users, product manufacturers, Sector Risk Management

Agencies, other Federal agencies, and other industrial control

system stakeholders to identify, evaluate, assess, and mitigate

vulnerabilities;

‘‘(4) collect, coordinate, and provide vulnerability informa-

tion to the industrial control systems community by, as appro-

priate, working closely with security researchers, industry end-

users, product manufacturers, Sector Risk Management Agen-

cies, other Federal agencies, and other industrial control sys-

tems stakeholders; and

‘‘(5) conduct such other efforts and assistance as the Sec-

retary determines appropriate.’’.

(b) R

EPORT TO

ONGRESS

.—Not later than 180 days after the

date of the enactment of this Act and every six months thereafter

during the subsequent 4-year period, the Director of the Cybersecu-

rity and Infrastructure Security Agency of the Department of Home-

land Security shall provide to the Committee on Homeland Security

of the House of Representatives and the Committee on Homeland

Security and Governmental Affairs of the Senate a briefing on

the industrial control systems capabilities of the Agency under

section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659),

as amended by subsection (a).

EVIEW

.—Not later than two years after the date

of the enactment of this Act, the Comptroller General of the United

States shall review implementation of the requirements of sub-

sections (e)(1)(I) and (p) of section 2209 of the Homeland Security

Act of 2002 (6 U.S.C. 659), as amended by subsection (a), and

submit to the Committee on Homeland Security of the House of

Representatives and the Committee on Homeland Security and

Governmental Affairs of the Senate a report that includes findings

and recommendations relating to such implementation. Such report

shall include information on the following:

(1) Any interagency coordination challenges to the ability

of the Director of the Cybersecurity and Infrastructure Security

Agency of the Department of Homeland Security to lead Federal

efforts to identify and mitigate cybersecurity threats to indus-

trial control systems pursuant to subsection (p)(1) of such sec-

tion.

(2) The degree to which the Agency has adequate capacity,

expertise, and resources to carry out threat hunting and

incident response capabilities to mitigate cybersecurity threats

to industrial control systems pursuant to subsection (p)(2) of

such section, as well as additional resources that would be

needed to close any operational gaps in such capabilities.

(3) The extent to which industrial control system stake-

holders sought cybersecurity technical assistance from the

Deadline.

Time period.

Consultation.

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135 STAT. 2056 PUBLIC LAW 117–81—DEC. 27, 2021

Agency pursuant to subsection (p)(3) of such section, and the

utility and effectiveness of such technical assistance.

(4) The degree to which the Agency works with security

researchers and other industrial control systems stakeholders,

pursuant to subsection (p)(4) of such section, to provide vulner-

ability information to the industrial control systems community.

SEC. 1542. CYBERSECURITY VULNERABILITIES.

Section 2209 of the Homeland Security Act of 2002 (6 U.S.C.

659) is amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (4) through (8) as

paragraphs (5) through (9), respectively; and

(B) by inserting after paragraph (3) the following new

paragraph:

‘‘(4) the term ‘cybersecurity vulnerability’ has the meaning

given the term ‘security vulnerability’ in section 102 of the

Cybersecurity Information Sharing Act of 2015 (6 U.S.C.

1501);’’.

(2) in subsection (c)—

(A) in paragraph (5)—

(i) in subparagraph (A), by striking ‘‘and’’ after

the semicolon at the end;

(ii) by redesignating subparagraph (B) as subpara-

graph (C);

(iii) by inserting after subparagraph (A) the fol-

lowing new subparagraph:

‘‘(B) sharing mitigation protocols to counter cybersecurity

vulnerabilities pursuant to subsection (n), as appropriate; and’’;

and

(iv) in subparagraph (C), as so redesignated, by

inserting ‘‘and mitigation protocols to counter cyberse-

curity vulnerabilities in accordance with subparagraph

(B), as appropriate,’’ before ‘‘with Federal’’;

(B) in paragraph (7)(C), by striking ‘‘sharing’’ and

inserting ‘‘share’’; and

to counter cybersecurity vulnerabilities, as appropriate,’’

after ‘‘measures,’’;

(3) by redesignating subsection (o) as subsection (p); and

(4) by inserting after subsection (n) following new sub-

section:

‘‘(o) P

ROTOCOLS TO

OUNTER

ERTAIN

YBERSECURITY

ULNERABILITIES

.—The Director may, as appropriate, identify,

develop, and disseminate actionable protocols to mitigate cybersecu-

rity vulnerabilities to information systems and industrial control

systems, including in circumstances in which such vulnerabilities

exist because software or hardware is no longer supported by a

vendor.’’.

SEC. 1543. REPORT ON CYBERSECURITY VULNERABILITIES.

(a) R

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Director of the Cybersecurity and Infra-

structure Security Agency of the Department of Homeland Security

shall submit to the Committee on Homeland Security of the House

of Representatives and the Committee on Homeland Security and

Governmental Affairs of the Senate a report on how the Agency

carries out subsection (n) of section 2209 of the Homeland Security

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135 STAT. 2057 PUBLIC LAW 117–81—DEC. 27, 2021

Act of 2002 to coordinate vulnerability disclosures, including disclo-

sures of cybersecurity vulnerabilities (as such term is defined in

such section), and subsection (o) of such section to disseminate

actionable protocols to mitigate cybersecurity vulnerabilities to

information systems and industrial control systems, that include

the following:

(1) A description of the policies and procedures relating

to the coordination of vulnerability disclosures.

(2) A description of the levels of activity in furtherance

of such subsections (n) and (o) of such section 2209.

(3) Any plans to make further improvements to how

information provided pursuant to such subsections can be

shared (as such term is defined in such section 2209) between

the Department and industry and other stakeholders.

(4) Any available information on the degree to which such

information was acted upon by industry and other stakeholders.

(5) A description of how privacy and civil liberties are

preserved in the collection, retention, use, and sharing of

vulnerability disclosures.

(b) F

ORM

.—The report required under subsection (b) shall be

submitted in unclassified form but may contain a classified annex.

SEC. 1544. COMPETITION RELATING TO CYBERSECURITY

VULNERABILITIES.

The Under Secretary for Science and Technology of the Depart-

ment of Homeland Security, in consultation with the Director of

the Cybersecurity and Infrastructure Security Agency of the Depart-

ment, may establish an incentive-based program that allows

industry, individuals, academia, and others to compete in identi-

fying remediation solutions for cybersecurity vulnerabilities (as such

term is defined in section 2209 of the Homeland Security Act

of 2002) to information systems (as such term is defined in such

section 2209) and industrial control systems, including supervisory

control and data acquisition systems.

SEC. 1545. STRATEGY.

Section 2210 of the Homeland Security Act of 2002 (6 U.S.C.

660) is amended by adding at the end the following new subsection:

‘‘(e) H

OMELAND

ECURITY

TRATEGY TO

MPROVE THE

YBERSE

CURITY OF

TATE

, L

OCAL

, T

RIBAL

AND

ERRITORIAL

OVERN

MENTS

.—

‘‘(1) I

N GENERAL

.—

‘‘(A) R

EQUIREMENT

.—Not later than one year after the

date of the enactment of this subsection, the Secretary,

acting through the Director, shall, in coordination with

the heads of appropriate Federal agencies, State, local,

Tribal, and territorial governments, and other stakeholders,

as appropriate, develop and make publicly available a

Homeland Security Strategy to Improve the Cybersecurity

of State, Local, Tribal, and Territorial Governments.

‘‘(B) R

ECOMMENDATIONS AND REQUIREMENTS

.—The

strategy required under subparagraph (A) shall provide

recommendations relating to the ways in which the Federal

Government should support and promote the ability of

State, local, Tribal, and territorial governments to identify,

mitigate against, protect against, detect, respond to, and

recover from cybersecurity risks (as such term is defined

Deadline.

Consultation.

6 USC 663 note.

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135 STAT. 2058 PUBLIC LAW 117–81—DEC. 27, 2021

in section 2209), cybersecurity threats, and incidents (as

such term is defined in section 2209).

‘‘(2) C

ONTENTS

.—The strategy required under paragraph

(1) shall—

‘‘(A) identify capability gaps in the ability of State,

local, Tribal, and territorial governments to identify, protect

against, detect, respond to, and recover from cybersecurity

risks, cybersecurity threats, incidents, and ransomware

incidents;

‘‘(B) identify Federal resources and capabilities that

are available or could be made available to State, local,

Tribal, and territorial governments to help those govern-

ments identify, protect against, detect, respond to, and

recover from cybersecurity risks, cybersecurity threats,

incidents, and ransomware incidents;

‘‘(C) identify and assess the limitations of Federal

resources and capabilities available to State, local, Tribal,

and territorial governments to help those governments

identify, protect against, detect, respond to, and recover

from cybersecurity risks, cybersecurity threats, incidents,

and ransomware incidents and make recommendations to

address such limitations;

‘‘(D) identify opportunities to improve the coordination

of the Agency with Federal and non-Federal entities, such

as the Multi-State Information Sharing and Analysis

Center, to improve—

‘‘(i) incident exercises, information sharing and

incident notification procedures;

‘‘(ii) the ability for State, local, Tribal, and terri-

torial governments to voluntarily adapt and implement

guidance in Federal binding operational directives; and

‘‘(iii) opportunities to leverage Federal schedules

for cybersecurity investments under section 502 of title

40, United States Code;

‘‘(E) recommend new initiatives the Federal Govern-

ment should undertake to improve the ability of State,

local, Tribal, and territorial governments to identify, protect

against, detect, respond to, and recover from cybersecurity

risks, cybersecurity threats, incidents, and ransomware

incidents;

‘‘(F) set short-term and long-term goals that will

improve the ability of State, local, Tribal, and territorial

governments to identify, protect against, detect, respond

to, and recover from cybersecurity risks, cybersecurity

threats, incidents, and ransomware incidents; and

‘‘(G) set dates, including interim benchmarks, as appro-

priate for State, local, Tribal, and territorial governments

to establish baseline capabilities to identify, protect against,

detect, respond to, and recover from cybersecurity risks,

cybersecurity threats, incidents, and ransomware incidents.

‘‘(3) C

ONSIDERATIONS

.—In developing the strategy required

under paragraph (1), the Director, in coordination with the

heads of appropriate Federal agencies, State, local, Tribal, and

territorial governments, and other stakeholders, as appropriate,

shall consider—

Recommenda-

tions.

Recommenda-

tions.

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135 STAT. 2059 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(A) lessons learned from incidents that have affected

State, local, Tribal, and territorial governments, and exer-

cises with Federal and non-Federal entities;

‘‘(B) the impact of incidents that have affected State,

local, Tribal, and territorial governments, including the

resulting costs to such governments;

‘‘(C) the information related to the interest and ability

of state and non-state threat actors to compromise informa-

tion systems (as such term is defined in section 102 of

the Cybersecurity Act of 2015 (6 U.S.C. 1501)) owned or

operated by State, local, Tribal, and territorial govern-

ments; and

‘‘(D) emerging cybersecurity risks and cybersecurity

threats to State, local, Tribal, and territorial governments

resulting from the deployment of new technologies.

‘‘(4) E

XEMPTION

.—Chapter 35 of title 44, United States

Code (commonly known as the ‘Paperwork Reduction Act’),

shall not apply to any action to implement this subsection.’’.

SEC. 1546. CYBER INCIDENT RESPONSE PLAN.

Subsection (c) of section 2210 of the Homeland Security Act

of 2002 (6 U.S.C. 660) is amended—

(1) by striking ‘‘regularly update’’ and inserting ‘‘update

not less often than biennially’’; and

(2) by adding at the end the following new sentence: ‘‘The

Director, in consultation with relevant Sector Risk Management

Agencies and the National Cyber Director, shall develop mecha-

nisms to engage with stakeholders to educate such stakeholders

regarding Federal Government cybersecurity roles and respon-

sibilities for cyber incident response.’’.

SEC. 1547. NATIONAL CYBER EXERCISE PROGRAM.

(a) I

ENERAL

.—Subtitle A of title XXII of the Homeland

Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding

at the end the following new section:

‘‘SEC. 2220B. NATIONAL CYBER EXERCISE PROGRAM.

‘‘(a) E

STABLISHMENT OF

ROGRAM

.—

‘‘(1) I

N GENERAL

.—There is established in the Agency the

National Cyber Exercise Program (referred to in this section

as the ‘Exercise Program’) to evaluate the National Cyber

Incident Response Plan, and other related plans and strategies.

‘‘(2) R

EQUIREMENTS

.—

‘‘(A) I

N GENERAL

.—The Exercise Program shall be—

‘‘(i) based on current risk assessments, including

credible threats, vulnerabilities, and consequences;

‘‘(ii) designed, to the extent practicable, to simulate

the partial or complete incapacitation of a government

or critical infrastructure network resulting from a

cyber incident;

‘‘(iii) designed to provide for the systematic evalua-

tion of cyber readiness and enhance operational under-

standing of the cyber incident response system and

relevant information sharing agreements; and

‘‘(iv) designed to promptly develop after-action

reports and plans that can quickly incorporate lessons

learned into future operations.

Assessments.

6 USC 665h.

Consultation.

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135 STAT. 2060 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(B) M

ODEL EXERCISE SELECTION

.—The Exercise Pro-

gram shall—

‘‘(i) include a selection of model exercises that

government and private entities can readily adapt for

use; and

‘‘(ii) aid such governments and private entities

with the design, implementation, and evaluation of

exercises that—

‘‘(I) conform to the requirements described in

subparagraph (A);

‘‘(II) are consistent with any applicable

national, State, local, or Tribal strategy or plan;

and

‘‘(III) provide for systematic evaluation of

readiness.

‘‘(3) C

ONSULTATION

.—In carrying out the Exercise Program,

the Director may consult with appropriate representatives from

Sector Risk Management Agencies, the Office of the National

Cyber Director, cybersecurity research stakeholders, and Sector

Coordinating Councils.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) S

TATE

.—The term ‘State’ means any State of the

United States, the District of Columbia, the Commonwealth

of Puerto Rico, the Northern Mariana Islands, the United States

Virgin Islands, Guam, American Samoa, and any other territory

or possession of the United States.

‘‘(2) P

RIVATE ENTITY

.—The term ‘private entity’ has the

meaning given such term in section 102 of the Cybersecurity

Information Sharing Act of 2015 (6 U.S.C. 1501).

‘‘(c) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall

be construed to affect the authorities or responsibilities of the

Administrator of the Federal Emergency Management Agency

pursuant to section 648 of the Post-Katrina Emergency Manage-

ment Reform Act of 2006 (6 U.S.C. 748).’’.

(b) T

ITLE

XXII T

ECHNICAL AND

LERICAL

MENDMENTS

.—

(1) T

ECHNICAL AMENDMENTS

.—

(A) H

OMELAND SECURITY ACT OF 2002

.—Subtitle A of

title XXII of the Homeland Security Act of 2002 (6 U.S.C.

651 et seq.) is amended—

(i) in section 2202(c) (6 U.S.C. 652(c))—

(I) in paragraph (11), by striking ‘‘and’’ after

the semicolon;

(II) in the first paragraph (12) (relating to

appointment of a Cybersecurity State Coordinator)

by striking ‘‘as described in section 2215; and’’

and inserting ‘‘as described in section 2217;’’;

(III) by redesignating the second paragraph

(12) (relating to the .gov internet domain) as para-

graph (13); and

(IV) by redesignating the third paragraph (12)

(relating to carrying out such other duties and

responsibilities) as paragraph (14);

(ii) in the first section 2215 (6 U.S.C. 665; relating

to the duties and authorities relating to .gov internet

domain), by amending the section enumerator and

heading to read as follows:

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135 STAT. 2061 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET

DOMAIN.’’;

(iii) in the second section 2215 (6 U.S.C. 665b;

relating to the joint cyber planning office), by amending

the section enumerator and heading to read as follows:

‘‘SEC. 2216. JOINT CYBER PLANNING OFFICE.’’;

(iv) in the third section 2215 (6 U.S.C. 665c;

relating to the Cybersecurity State Coordinator), by

amending the section enumerator and heading to read

as follows:

‘‘SEC. 2217. CYBERSECURITY STATE COORDINATOR.’’;

(v) in the fourth section 2215 (6 U.S.C. 665d;

relating to Sector Risk Management Agencies), by

amending the section enumerator and heading to read

as follows:

‘‘SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.’’;

(vi) in section 2216 (6 U.S.C. 665e; relating to

the Cybersecurity Advisory Committee), by amending

the section enumerator and heading to read as follows:

‘‘SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.’’;

(vii) in section 2217 (6 U.S.C. 665f; relating to

Cybersecurity Education and Training Programs), by

amending the section enumerator and heading to read

as follows:

‘‘SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.’’;

and

(viii) in section 2218 (6 U.S.C. 665g; relating to

the State and Local Cybersecurity Grant Program),

by amending the section enumerator and heading to

read as follows:

‘‘SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.’’.

(B) C

ONSOLIDATED APPROPRIATIONS ACT

2021

.—Para-

graph (1) of section 904(b) of division U of the Consolidated

Appropriations Act, 2021 (Public Law 116–260) is amended,

in the matter preceding subparagraph (A), by inserting

‘‘of 2002’’ after ‘‘Homeland Security Act’’.

(2) C

LERICAL AMENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 is further amended

by striking the items relating to sections 2214 through 2218

and inserting the following new items:

‘‘Sec. 2214. National Asset Database.

‘‘Sec. 2215. Duties and authorities relating to .gov internet domain.

‘‘Sec. 2216. Joint cyber planning office.

‘‘Sec. 2217. Cybersecurity State Coordinator.

‘‘Sec. 2218. Sector Risk Management Agencies.

‘‘Sec. 2219. Cybersecurity Advisory Committee.

‘‘Sec. 2220. Cybersecurity Education and Training Programs.

‘‘Sec. 2220A. State and Local Cybersecurity Grant Program.

‘‘Sec. 2220B. National cyber exercise program.’’.

SEC. 1548. CYBERSENTRY PROGRAM OF THE CYBERSECURITY AND

INFRASTRUCTURE SECURITY AGENCY.

(a) I

ENERAL

.—Title XXII of the Homeland Security Act

of 2002 (6 U.S.C. 651 et seq.) is further amended by adding at

the end the following new section:

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135 STAT. 2062 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘SEC. 2220C. CYBERSENTRY PROGRAM.

‘‘(a) E

STABLISHMENT

.—There is established in the Agency a

program, to be known as ‘CyberSentry’, to provide continuous moni-

toring and detection of cybersecurity risks to critical infrastructure

entities that own or operate industrial control systems that support

national critical functions, upon request and subject to the consent

of such owner or operator.

‘‘(b) A

CTIVITIES

.—The Director, through CyberSentry, shall—

‘‘(1) enter into strategic partnerships with critical infra-

structure owners and operators that, in the determination of

the Director and subject to the availability of resources, own

or operate regionally or nationally significant industrial control

systems that support national critical functions, in order to

provide technical assistance in the form of continuous moni-

toring of industrial control systems and the information systems

that support such systems and detection of cybersecurity risks

to such industrial control systems and other cybersecurity serv-

ices, as appropriate, based on and subject to the agreement

and consent of such owner or operator;

‘‘(2) leverage sensitive or classified intelligence about cyber-

security risks regarding particular sectors, particular adver-

saries, and trends in tactics, techniques, and procedures to

advise critical infrastructure owners and operators regarding

mitigation measures and share information as appropriate;

‘‘(3) identify cybersecurity risks in the information tech-

nology and information systems that support industrial control

systems which could be exploited by adversaries attempting

to gain access to such industrial control systems, and work

with owners and operators to remediate such vulnerabilities;

‘‘(4) produce aggregated, anonymized analytic products,

based on threat hunting and continuous monitoring and detec-

tion activities and partnerships, with findings and recommenda-

tions that can be disseminated to critical infrastructure owners

and operators; and

‘‘(5) support activities authorized in accordance with section

1501 of the National Defense Authorization Act for Fiscal Year

2022.

‘‘(c) P

RIVACY

EVIEW

.—Not later than 180 days after the date

of enactment of this section, the Privacy Officer of the Agency

under section 2202(h) shall—

‘‘(1) review the policies, guidelines, and activities of

CyberSentry for compliance with all applicable privacy laws,

including such laws governing the acquisition, interception,

retention, use, and disclosure of communities; and

‘‘(2) submit to the Committee on Homeland Security of

the House of Representatives and the Committee on Homeland

Security and Governmental Affairs of the Senate a report certi-

fying compliance with all applicable privacy laws as referred

to in paragraph (1), or identifying any instances of noncompli-

ance with such privacy laws.

‘‘(d) R

EPORT TO

ONGRESS

.—Not later than one year after the

date of the enactment of this section, the Director shall provide

to the Committee on Homeland Security of the House of Representa-

tives and the Committee on Homeland Security and Governmental

Affairs of the Senate a briefing and written report on implementa-

tion of this section.

Reports.

Deadline.

6 USC 665i.

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135 STAT. 2063 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(e) S

AVINGS

.—Nothing in this section may be construed to

permit the Federal Government to gain access to information of

a remote computing service provider to the public or an electronic

service provider to the public, the disclosure of which is not per-

mitted under section 2702 of title 18, United States Code.

‘‘(f) D

EFINITIONS

.—In this section:

‘‘(1) C

YBERSECURITY RISK

.—The term ‘cybersecurity risk’

has the meaning given such term in section 2209(a).

‘‘(2) I

NDUSTRIAL CONTROL SYSTEM

.—The term ‘industrial

control system’ means an information system used to monitor

and/or control industrial processes such as manufacturing,

product handling, production, and distribution, including super-

visory control and data acquisition (SCADA) systems used to

monitor and/or control geographically dispersed assets, distrib-

uted control systems (DCSs), Human-Machine Interfaces

(HMIs), and programmable logic controllers that control local-

ized processes.

‘‘(3) I

NFORMATION SYSTEM

.—The term ‘information system’

has the meaning given such term in section 102 of the Cyberse-

curity Act of 2015 (enacted as division N of the Consolidated

Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C.

1501(9)).

‘‘(g) T

ERMINATION

.—The authority to carry out a program under

this section shall terminate on the date that is seven years after

the date of the enactment of this section.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 is further amended

by adding after the item relating to section 2220B the following

new item:

‘‘Sec. 2220C. CyberSentry program.’’.

ONTINUOUS

ONITORING AND

ETECTION

.—Section

2209(c)(6) of the Homeland Security Act of 2002 (6 U.S.C. 659)

is amended by inserting ‘‘, which may take the form of continuous

monitoring and detection of cybersecurity risks to critical infrastruc-

ture entities that own or operate industrial control systems that

support national critical functions’’ after ‘‘mitigation, and remedi-

ation’’.

SEC. 1549. STRATEGIC ASSESSMENT RELATING TO INNOVATION OF

INFORMATION SYSTEMS AND CYBERSECURITY THREATS.

(a) R

ESPONSIBILITIES OF

IRECTOR

.—Section 2202(c)(3) of the

Homeland Security Act of 2002 (6 U.S.C. 652) is amended by

striking the semicolon at the end and adding the following: ‘‘,

including by carrying out a periodic strategic assessment of the

related programs and activities of the Agency to ensure such pro-

grams and activities contemplate the innovation of information

systems and changes in cybersecurity risks and cybersecurity

threats;’’

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 240 days after the date

of the enactment of this Act and not fewer than once every

three years thereafter, the Director of the Cybersecurity and

Infrastructure Security Agency shall submit to the Committee

on Homeland Security of the House of Representatives and

the Committee on Homeland Security and Governmental

Affairs of the Senate a strategic assessment for the purposes

described in paragraph (2).

Assessment.

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135 STAT. 2064 PUBLIC LAW 117–81—DEC. 27, 2021

(2) P

URPOSES

.—The purposes described in this paragraph

are the following:

(A) A description of the existing programs and activities

administered in furtherance of section 2202(c)(3) of the

Homeland Security Act of 2002 (6 U.S.C. 652).

(B) An assessment of the capability of existing pro-

grams and activities administered by the Agency in further-

ance of such section to monitor for, manage, mitigate, and

defend against cybersecurity risks and cybersecurity

threats.

trends or innovation of information systems or information

technology that have the potential to affect the efficacy

of the programs and activities administered by the Agency

in furtherance of such section.

(D) A description of any changes in the practices of

the Federal workforce, such as increased telework, affect

the efficacy of the programs and activities administered

by the Agency in furtherance of section 2202(c)(3).

(E) A plan to integrate innovative security tools, tech-

nologies, protocols, activities, or programs to improve the

programs and activities administered by the Agency in

furtherance of such section.

(F) A description of any research and development

activities necessary to enhance the programs and activities

administered by the Agency in furtherance of such section.

(G) A description of proposed changes to existing pro-

grams and activities administered by the Agency in further-

ance of such section, including corresponding milestones

for implementation.

(H) Information relating to any new resources or

authorities necessary to improve the programs and activi-

ties administered by the Agency in furtherance of such

section.

EFINITIONS

.—In this section:

(1) The term ‘‘Agency’’ means the Cybersecurity and Infra-

structure Security Agency.

(2) The term ‘‘cybersecurity purpose’’ has the meaning given

such term in section 102(4) of the Cybersecurity Information

Sharing Act of 2015 (6 U.S.C. 1501(4)).

(3) The term ‘‘cybersecurity risk’’ has the meaning given

such term in section 2209(a)(2) of the Homeland Security Act

of 2002 (U.S.C. 659(a)(2)).

(4) The term ‘‘information system’’ has the meaning given

such term in section 3502(8) of title 44, United States Code.

(5) The term ‘‘information technology’’ has the meaning

given such term in 3502(9) of title 44, United States Code.

(6) The term ‘‘telework’’ has the meaning given the term

in section 6501(3) of title 5, United States Code.

SEC. 1550. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS WITH

INTERNET ECOSYSTEM COMPANIES TO DETECT AND DIS-

RUPT ADVERSARY CYBER OPERATIONS.

(a) P

ILOT

EQUIRED

.—Not later than one year after the date

of the enactment of this Act, the Secretary, acting through the

Director of the Cybersecurity and Infrastructure Security Agency

of the Department of Homeland Security and in coordination with

Deadline.

6 USC 652 note.

Plan.

Assessment.

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135 STAT. 2065 PUBLIC LAW 117–81—DEC. 27, 2021

the Secretary of Defense and the National Cyber Director, shall

commence a pilot program to assess the feasibility and advisability

of entering into public-private partnerships with internet ecosystem

companies to facilitate, within the bounds of applicable provisions

of law and such companies’ terms of service, policies, procedures,

contracts, and other agreements, actions by such companies to

discover and disrupt use by malicious cyber actors of the platforms,

systems, services, and infrastructure of such companies.

(b) P

UBLIC

PRIVATE

ARTNERSHIPS

.—

(1) I

N GENERAL

.—In carrying out the pilot program under

subsection (a), the Secretary shall seek to enter into one or

more public-private partnerships with internet ecosystem

companies.

(2) V

OLUNTARY PARTICIPATION

.—

(A) I

N GENERAL

.—Participation by an internet eco-

system company in a public-private partnership under the

pilot program, including in any activity described in sub-

section (c), shall be voluntary.

(B) P

ROHIBITION

.—No funds appropriated by any Act

may be used to direct, pressure, coerce, or otherwise require

that any internet ecosystem company take any action on

their platforms, systems, services, or infrastructure as part

of the pilot program.

UTHORIZED

CTIVITIES

.—In carrying out the pilot program

under subsection (a), the Secretary may—

(1) provide assistance to a participating internet ecosystem

company to develop effective know-your-customer processes and

requirements;

(2) provide information, analytics, and technical assistance

to improve the ability of participating companies to detect and

prevent illicit or suspicious procurement, payment, and account

creation on their own platforms, systems, services, or infrastruc-

ture;

(3) develop and socialize best practices for the collection,

retention, and sharing of data by participating internet eco-

system companies to support discovery of malicious cyber

activity, investigations, and attribution on the platforms, sys-

tems, services, or infrastructure of such companies;

(4) provide to participating internet ecosystem companies

actionable, timely, and relevant information, such as informa-

tion about ongoing operations and infrastructure, threats, tac-

tics, and procedures, and indicators of compromise, to enable

such companies to detect and disrupt the use by malicious

cyber actors of the platforms, systems, services, or infrastruc-

ture of such companies;

(5) provide recommendations for (but not design, develop,

install, operate, or maintain) operational workflows, assessment

and compliance practices, and training that participating inter-

net ecosystem companies can implement to reliably detect and

disrupt the use by malicious cyber actors of the platforms,

systems, services, or infrastructure of such companies;

(6) provide recommendations for accelerating, to the

greatest extent practicable, the automation of existing or imple-

mented operational workflows to operate at line-rate in order

to enable real-time mitigation without the need for manual

review or action;

Recommenda-

tions.

Recommenda-

tions.

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135 STAT. 2066 PUBLIC LAW 117–81—DEC. 27, 2021

(7) provide recommendations for (but not design, develop,

install, operate, or maintain) technical capabilities to enable

participating internet ecosystem companies to collect and ana-

lyze data on malicious activities occurring on the platforms,

systems, services, or infrastructure of such companies to detect

and disrupt operations of malicious cyber actors; and

(8) provide recommendations regarding relevant mitiga-

tions for suspected or discovered malicious cyber activity and

thresholds for action.

(d) C

OMPETITION

ONCERNS

.—Consistent with section 1905 of

title 18, United States Code, the Secretary shall ensure that any

trade secret or proprietary information of a participating internet

ecosystem company made known to the Federal Government pursu-

ant to a public-private partnership under the pilot program remains

private and protected unless explicitly authorized by such company.

(e) I

MPARTIALITY

.—In carrying out the pilot program under

subsection (a), the Secretary may not take any action that is

intended primarily to advance the particular business interests

of an internet ecosystem company but is authorized to take actions

that advance the interests of the United States, notwithstanding

differential impact or benefit to a given company’s or given compa-

nies’ business interests.

(f) R

ESPONSIBILITIES

.—

(1) S

ECRETARY OF HOMELAND SECURITY

.—The Secretary

shall exercise primary responsibility for the pilot program under

subsection (a), including organizing and directing authorized

activities with participating Federal Government organizations

and internet ecosystem companies to achieve the objectives

of the pilot program.

(2) N

ATIONAL CYBER DIRECTOR

.—The National Cyber

Director shall support prioritization and cross-agency coordina-

tion for the pilot program, including ensuring appropriate

participation by participating agencies and the identification

and prioritization of key private sector entities and initiatives

for the pilot program.

(3) S

ECRETARY OF DEFENSE

.—The Secretary of Defense

shall provide support and resources to the pilot program,

including the provision of technical and operational expertise

drawn from appropriate and relevant officials and components

of the Department of Defense, including the National Security

Agency, United States Cyber Command, the Chief Information

Officer, the Office of the Secretary of Defense, military depart-

ment Principal Cyber Advisors, and the Defense Advanced

Research Projects Agency.

(g) P

ARTICIPATION OF

THER

EDERAL

OVERNMENT

OMPO

NENTS

.—The Secretary may invite to participate in the pilot pro-

gram required under subsection (a) the heads of such departments

or agencies as the Secretary considers appropriate.

(h) I

NTEGRATION

ITH

THER

FFORTS

.—The Secretary shall

ensure that the pilot program required under subsection (a) makes

use of, builds upon, and, as appropriate, integrates with and does

not duplicate other efforts of the Department of Homeland Security

and the Department of Defense relating to cybersecurity, including

the following:

(1) The Joint Cyber Defense Collaborative of the Cybersecu-

rity and Infrastructure Security Agency of the Department

of Homeland Security.

Recommenda-

tions.

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135 STAT. 2067 PUBLIC LAW 117–81—DEC. 27, 2021

(2) The Cybersecurity Collaboration Center and Enduring

Security Framework of the National Security Agency.

(i) R

ULES OF

ONSTRUCTION

.—

(1) L

IMITATION ON GOVERNMENT ACCESS TO DATA

.—Nothing

in this section authorizes sharing of information, including

information relating to customers of internet ecosystem compa-

nies or private individuals, from an internet ecosystem company

to an agency, officer, or employee of the Federal Government

unless otherwise authorized by another provision of law.

(2) S

TORED COMMUNICATIONS ACT

.—Nothing in this section

may be construed to permit or require disclosure by a provider

of a remote computing service or a provider of an electronic

communication service to the public of information not other-

wise permitted or required to be disclosed under chapter 121

of title 18, United States Code (commonly known as the ‘‘Stored

Communications Act’’).

(3) T

HIRD PARTY CUSTOMERS

.—Nothing in this section may

be construed to require a third party, such as a customer

or managed service provider of an internet ecosystem company,

to participate in the pilot program under subsection (a).

(j) B

RIEFINGS

.—

(1) I

NITIAL

.—

(A) I

N GENERAL

.—Not later than one year after the

date of the enactment of this Act, the Secretary, in

coordination with the Secretary of Defense and the National

Cyber Director, shall brief the appropriate committees of

Congress on the pilot program required under subsection

(a).

(B) E

LEMENTS

.—The briefing required under subpara-

graph (A) shall include the following:

(i) The plans of the Secretary for the implementa-

tion of the pilot program.

(ii) Identification of key priorities for the pilot pro-

gram.

(iii) Identification of any potential challenges in

standing up the pilot program or impediments, such

as a lack of liability protection, to private sector partici-

pation in the pilot program.

(iv) A description of the roles and responsibilities

in the pilot program of each participating Federal

entity.

(2) A

NNUAL

.—

(A) I

N GENERAL

.—Not later than two years after the

date of the enactment of this Act and annually thereafter

for three years, the Secretary, in coordination with the

Secretary of Defense and the National Cyber Director, shall

brief the appropriate committees of Congress on the

progress of the pilot program required under subsection

(a).

(B) E

LEMENTS

.—Each briefing required under subpara-

graph (A) shall include the following:

(i) Recommendations for addressing relevant

policy, budgetary, and legislative gaps to increase the

effectiveness of the pilot program.

(ii) Recommendations, such as providing liability

protection, for increasing private sector participation

in the pilot program.

Recommenda-

tions.

Recommenda-

tions.

Deadline.

Time period.

Deadline.

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135 STAT. 2068 PUBLIC LAW 117–81—DEC. 27, 2021

(iii) A description of the challenges encountered

in carrying out the pilot program, including any con-

cerns expressed by internet ecosystem companies

regarding participation in the pilot program.

(iv) The findings of the Secretary with respect

to the feasibility and advisability of extending or

expanding the pilot program.

(v) Such other matters as the Secretary considers

appropriate.

(k) T

ERMINATION

.—The pilot program required under subsection

(a) shall terminate on the date that is five years after the date

of the enactment of this Act.

(l) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the Committee on Homeland Security and Govern-

mental Affairs and the Committee on Armed Services of

the Senate; and

(B) the Committee on Homeland Security and the Com-

mittee on Armed Services of the House of Representatives.

(2) I

NTERNET ECOSYSTEM COMPANY

.—The term ‘‘internet

ecosystem company’’ means a business incorporated in the

United States that provides cybersecurity services, internet

service, content delivery services, Domain Name Service, cloud

services, mobile telecommunications services, email and mes-

saging services, internet browser services, or such other services

as the Secretary determines appropriate for the purposes of

the pilot program under subsection (a).

(3) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of Homeland Security.

SEC. 1551. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.

(a) G

RANT

ROGRAM

.—

(1) E

STABLISHMENT

.—The Secretary, in accordance with

the agreement entitled the ‘‘Agreement between the Govern-

ment of the United States of America and the Government

of the State of Israel on Cooperation in Science and Technology

for Homeland Security Matters’’, dated May 29, 2008 (or suc-

cessor agreement), and the requirements specified in paragraph

(2), shall establish a grant program at the Department to

support—

(A) cybersecurity research and development; and

(B) demonstration and commercialization of cybersecu-

rity technology.

(2) R

EQUIREMENTS

.—

(A) A

PPLICABILITY

.—Notwithstanding section 317 of the

Homeland Security Act of 2002 (6 U.S.C. 195c), in carrying

out a research, development, demonstration, or commercial

application program or activity that is authorized under

this section, the Secretary shall require cost sharing in

accordance with this paragraph.

(B) R

ESEARCH AND DEVELOPMENT

.—

(i) I

N GENERAL

.—Except as provided in clause (ii),

the Secretary shall require not less than 50 percent

of the cost of a research, development, demonstration,

or commercial application program or activity described

22 USC 8606

note.

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135 STAT. 2069 PUBLIC LAW 117–81—DEC. 27, 2021

in subparagraph (A) to be provided by a non-Federal

source.

(ii) R

EDUCTION

.—The Secretary may reduce or

eliminate, on a case-by-case basis, the percentage

requirement specified in clause (i) if the Secretary

determines that such reduction or elimination is nec-

essary and appropriate.

ERIT REVIEW

.—In carrying out a research,

development, demonstration, or commercial application pro-

gram or activity that is authorized under this section,

awards shall be made only after an impartial review of

the scientific and technical merit of the proposals for such

awards has been carried out by or for the Department.

(D) R

EVIEW PROCESSES

.—In carrying out a review

under subparagraph (C), the Secretary may use merit

review processes developed under section 302(14) of the

Homeland Security Act of 2002 (6 U.S.C. 182(14)).

(3) E

LIGIBLE APPLICANTS

.—An applicant is eligible to

receive a grant under this subsection if—

(A) the project of such applicant—

(i) addresses a requirement in the area of cyberse-

curity research or cybersecurity technology, as deter-

mined by the Secretary; and

(ii) is a joint venture between—

(I)(aa) a for-profit business entity, academic

institution, National Laboratory, or nonprofit

entity in the United States; and

(bb) a for-profit business entity, academic

institution, or nonprofit entity in Israel; or

(II)(aa) the Federal Government; and

(bb) the Government of Israel; and

(B) neither such applicant nor the project of such

applicant pose a counterintelligence threat, as determined

by the Director of National Intelligence.

(4) A

PPLICATIONS

.—To be eligible to receive a grant under

this subsection, an applicant shall submit to the Secretary

an application for such grant in accordance with procedures

established by the Secretary, in consultation with the advisory

board established under paragraph (5).

(5) A

DVISORY BOARD

.—

(A) E

STABLISHMENT

.—The Secretary shall establish an

advisory board to—

(i) monitor the method by which grants are

awarded under this subsection; and

(ii) provide to the Secretary periodic performance

reviews of actions taken to carry out this subsection.

(B) C

OMPOSITION

.—The advisory board established

under subparagraph (A) shall be composed of three mem-

bers, to be appointed by the Secretary, of whom—

(i) one shall be a representative of the Federal

Government;

(ii) one shall be selected from a list of nominees

provided by the United States-Israel Binational Science

Foundation; and

(iii) one shall be selected from a list of nominees

provided by the United States-Israel Binational Indus-

trial Research and Development Foundation.

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135 STAT. 2070 PUBLIC LAW 117–81—DEC. 27, 2021

(6) C

ONTRIBUTED FUNDS

.—Notwithstanding section 3302

of title 31, United States Code, the Secretary may, only to

the extent provided in advance in appropriations Acts, accept

or retain funds contributed by any person, government entity,

or organization for purposes of carrying out this subsection.

Such funds shall be available, subject to appropriation, without

fiscal year limitation.

(7) R

EPORTS

.—

(A) G

RANT RECIPIENTS

.—Not later than 180 days after

the date of completion of a project for which a grant is

provided under this subsection, the grant recipient shall

submit to the Secretary a report that contains—

(i) a description of how the grant funds were used

by the recipient; and

(ii) an evaluation of the level of success of each

project funded by the grant.

(B) S

ECRETARY

.—Not later than one year after the

date of the enactment of this Act and annually thereafter

until the grant program established under this subsection

terminates, the Secretary shall submit to the Committees

on Homeland Security and Governmental Affairs and For-

eign Relations of the Senate and the Committees on Home-

land Security and Foreign Affairs of the House of Rep-

resentatives a report on grants awarded and projects com-

pleted under such program.

(8) C

LASSIFICATION

.—Grants shall be awarded under this

subsection only for projects that are considered to be unclassi-

fied by both the United States and Israel.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section not less than $6,000,000

for each of fiscal years 2022 through 2026.

EFINITIONS

.—In this section—

(1) the term ‘‘cybersecurity research’’ means research,

including social science research, into ways to identify, protect

against, detect, respond to, and recover from cybersecurity

threats;

(2) the term ‘‘cybersecurity technology’’ means technology

intended to identify, protect against, detect, respond to, and

recover from cybersecurity threats;

(3) the term ‘‘cybersecurity threat’’ has the meaning given

such term in section 102 of the Cybersecurity Information

Sharing Act of 2015 (6 U.S.C. 1501; enacted as title I of the

Cybersecurity Act of 2015 (division N of the Consolidated

Appropriations Act, 2016 (Public Law 114–113)));

(4) the term ‘‘Department’’ means the Department of Home-

land Security;

(5) the term ‘‘National Laboratory’’ has the meaning given

such term in section 2 of the Energy Policy Act of 2005 (42

U.S.C. 15801); and

(6) the term ‘‘Secretary’’ means the Secretary of Homeland

Security.

SEC. 1552. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT

DETAILS ON NONREIMBURSABLE BASIS.

Section 1752(e) of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283) is amended—

Evaluation.

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135 STAT. 2071 PUBLIC LAW 117–81—DEC. 27, 2021

(1) by redesignating paragraphs (1) through (8) as subpara-

graphs (A) through (H), respectively, and indenting such sub-

paragraphs two ems to the right;

(2) in the matter preceding subparagraph (A), as redesig-

nated by paragraph (1), by striking ‘‘The Director may’’ and

inserting the following:

‘‘(1) I

N GENERAL

.—The Director may’’;

(3) in paragraph (1)—

(A) as redesignated by paragraph (2), by redesignating

subparagraphs (C) through (H) as subparagraphs (D)

through (I), respectively; and

(B) by inserting after subparagraph (B) the following

new subparagraph:

‘‘(C) accept officers or employees of the United States

or members of the Armed Forces on a detail from an

element of the intelligence community (as such term is

defined in section 3(4) of the National Security Act of

1947 (50 U.S.C. 3003(4))) or from another element of the

Federal Government on a nonreimbursable basis, as jointly

agreed to by the heads of the receiving and detailing ele-

ments, for a period not to exceed three years;’’; and

(4) by adding at the end the following new paragraph:

‘‘(2) R

ULES OF CONSTRUCTION REGARDING DETAILS

.—

Nothing in paragraph (1)(C) may be construed as imposing

any limitation on any other authority for reimbursable or nonre-

imbursable details. A nonreimbursable detail made pursuant

to such paragraph shall not be considered an augmentation

of the appropriations of the receiving element of the Office

of the National Cyber Director.’’.

TITLE XVI—SPACE ACTIVITIES, STRA-

TEGIC PROGRAMS, AND INTEL-

LIGENCE 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 Inte-

gration.

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 commer-

cial 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 sys-

tem receiver development.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

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

governments.

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135 STAT. 2072 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 1622. Strategy and plan to implement certain defense intelligence reforms.

Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on elec-

tronic 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 nu-

clear weapons delivery systems.

Sec. 1635. Modification of deadline for notifications relating to reduction, consolida-

tion, 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 informa-

tion relating to proposed budget for nuclear-armed sea-launched cruise

missile.

Sec. 1641. Limitation on availability of certain funds until submission of informa-

tion relating to nuclear-armed sea-launched cruise missile.

Sec. 1642. Annual certification on readiness of Minuteman III intercontinental bal-

listic 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 capa-

bilities 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 de-

fense 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 de-

fense 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.

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135 STAT. 2073 PUBLIC LAW 117–81—DEC. 27, 2021

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 Com-

mission Order 20–48.

Sec. 1683. Establishment of office, organizational structure, and authorities to ad-

dress 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.

Subtitle A—Space Activities

SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM.

(a) D

ISCLOSURE OF

ATIONAL

ECURITY

PACE

AUNCH

GRAM

ONTRACT

RICING

ERMS

.—

(1) I

N GENERAL

.—Chapter 135 of title 10, United States

Code, is amended by inserting after section 2276 the following

new section 2277:

‘‘§ 2277. Disclosure of National Security Space Launch pro-

gram contract pricing terms

‘‘(a) I

ENERAL

.—With respect to any contract awarded by

the Secretary of the Air Force for the launch of a national security

payload under the National Security Space Launch program, not

later than 30 days after entering into such a contract, the Secretary

shall submit to the congressional defense committees a description

of the pricing terms of the contract. For those contracts that include

the launch of assets of the National Reconnaissance Office, the

Secretary shall also submit the pricing terms to the congressional

intelligence committees (as defined by section 3 of the National

Security Act of 1947 (50 U.S.C. 3003)).

‘‘(b) C

OMPETITIVELY

ENSITIVE

RADE

ECRET

ATA

.—The

congressional defense committees and the congressional intelligence

committees shall—

‘‘(1) treat a description of pricing terms submitted under

subsection (a) as competitively sensitive trade secret data; and

‘‘(2) use the description solely for committee purposes, sub-

ject to appropriate restrictions to maintain the confidentiality

of the description.

‘‘(c) R

ULE OF

ONSTRUCTION

.—For purposes of section 1905

of title 18, a disclosure of contract pricing terms under subsection

(a) shall be construed as a disclosure authorized by law.’’.

(2) C

ONFORMING AMENDMENT

.—The table of sections at

the beginning of such chapter is amended by inserting after

the item relating to section 2276 the following new item:

‘‘2277. Disclosure of National Security Space Launch program contract pricing

terms.’’.

(b) P

OLICY

.—With respect to entering into contracts for launch

services during the period beginning on the date of the enactment

of this Act and ending September 30, 2024, it shall be the policy

of the Department of Defense and the National Reconnaissance

Office to—

Time period.

10 USC 2276

note.

10 USC 2271

prec.

10 USC 2277.

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135 STAT. 2074 PUBLIC LAW 117–81—DEC. 27, 2021

(1) use the National Security Space Launch program to

the extent practical to procure launch services only from launch

service providers that can meet Federal requirements with

respect to delivering required payloads to reference orbits cov-

ered under the requirements of phase two; and

(2) maximize continuous competition for launch services

as the Space Force initiates planning for phase three, specifi-

cally for those technology areas that are unique to existing

and emerging national security requirements.

OTIFICATION

.—If the Secretary of Defense or the Director

of the National Reconnaissance Office determines that a program

requiring launch services that could be met using phase two con-

tracts will instead use an alternative launch procurement approach,

not later than seven days after the date of such determination,

the Secretary of Defense or, as appropriate, the Director of National

Intelligence, shall submit to the appropriate congressional commit-

tees—

(1) a notification of such determination;

(2) a certification that the alternative launch procurement

approach is in the national security interest of the United

States; and

(3) an outline of the cost analysis and any other rationale

for such determination.

(d) R

EPORT

.—

(1) R

EQUIREMENT

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense, in

coordination with the Chief of Space Operations and the

Director of the Space Development Agency, and in consultation

with the Director of National Intelligence (including with

respect to the views of the Director of the National Reconnais-

sance Office), shall submit to the appropriate congressional

committees a report on the emerging launch requirements in

the areas of space access, mobility, and logistics that will not

be met by phase two capabilities.

(2) E

LEMENTS

.—The report under paragraph (1) shall

include the following:

(A) An examination of potential benefits of competing

one or more launches that are outside of phase two capabili-

ties, focused on accelerating the rapid development and

on-orbit deployment of enabling and transformational tech-

nologies required to address any emerging requirements,

including with respect to—

(i) delivery of in-space transportation, logistics, and

on-orbit servicing capabilities to enhance the persist-

ence, sensitivity, and resiliency of national security

space missions in a contested space environment;

(ii) routine access to extended orbits beyond geo-

stationary orbits, including cislunar orbits;

(iii) greater cislunar awareness capabilities;

(iv) vertical integration and standardized payload

mating;

(v) increased responsiveness for heavy lift capa-

bility;

(vi) the ability to transfer orbits, including point-

to-point orbital transfers;

(vii) capacity and capability to execute secondary

deployments;

Determination.

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135 STAT. 2075 PUBLIC LAW 117–81—DEC. 27, 2021

(viii) high-performance upper stages; and

(ix) other new missions that are outside the param-

eters of the nine design reference missions that exist

as of the date of the enactment of this Act.

(B) A description of how competing space access,

mobility, and logistics launches could aid in establishing

a new acquisition framework to—

(i) promote the potential for additional open and

sustainable competition for phase three; and

(ii) re-examine the balance of mission assurance

versus risk tolerance to reflect new resilient spacecraft

architectures and reduce workload on the Federal

Government and industry to perform mission assur-

ance where appropriate.

graphs (A) and (B) may help continue to reduce the cost

per launch of national security payloads.

(D) An examination of the effects to the National Secu-

rity Space Launch program if contracted launch providers

cannot meet all phase two requirements, including with

respect to—

(i) the effects to national security launch resiliency;

and

(ii) the cost effects of a launch market that lacks

full competition.

(3) F

ORM

.—The report under paragraph (1) shall be sub-

mitted in unclassified form, but may include a classified

appendix.

(4) B

RIEFING

.—Not later than 30 days after the date of

the enactment of this Act, the Secretary, in consultation with

the Director of National Intelligence, shall provide to the appro-

priate congressional committees a briefing on the report under

paragraph (1).

(e) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the congressional defense committees; and

(B) the Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee

on Intelligence of the Senate.

(2) The term ‘‘phase three’’ means, with respect to the

National Security Space Launch program, launch missions

ordered under the program after fiscal year 2024.

(3) The term ‘‘phase two’’ means, with respect to the

National Security Space Launch program, launch missions

ordered under the program during fiscal years 2020 through

2024.

SEC. 1602. REDESIGNATION OF SPACE FORCE ACQUISITION COUNCIL;

MODIFICATIONS RELATING TO ASSISTANT SECRETARY OF

THE AIR FORCE FOR SPACE ACQUISITION AND INTEGRA-

TION.

(a) M

ODIFICATIONS TO

PACE

ORCE

CQUISITION

OUNCIL

.—

(1) D

ESIGNATION

.—Section 9021 of title 10, United States

Code, is amended—

(A) in the section heading, by striking ‘‘

FORCE

’’;

10 USC 2276

note.

Deadline.

Analysis.

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135 STAT. 2076 PUBLIC LAW 117–81—DEC. 27, 2021

(B) in subsection (a), by striking ‘‘Space Force Acquisi-

tion Council’’ and inserting ‘‘Space Acquisition Council’’;

and

for space systems and programs’’ and inserting ‘‘space sys-

tems and programs of the armed forces’’.

(2) C

ONFORMING AMENDMENT

.—Section 9016(b)(6)(B)(ii) of

title 10, United States Code, is amended by striking ‘‘Space

Force Acquisition Council’’ and inserting ‘‘Space Acquisition

Council’’.

(3) C

LERICAL AMENDMENT

.—The table of sections for

chapter 903 of title 10, United States Code, is amended by

striking the item relating to section 9021 and inserting the

following new item:

‘‘9021. Space Acquisition Council.’’.

(4) R

EFERENCES

.—Any reference to the Space Force

Acquisition Council in any law, regulation, map, document,

record, or other paper of the United States shall be deemed

to be a reference to the Space Acquisition Council.

(b) M

ODIFICATIONS

ELATING TO THE

SSISTANT

ECRETARY

OF THE

ORCE FOR

PACE

CQUISITION AND

NTEGRATION

.—

(1) S

PACE FORCE ACQUISITION COUNCIL REVIEW AND CERTIFI

CATION OF DETERMINATIONS OF THE ASSISTANT SECRETARY OF

THE AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION

.—

Section 9021(c) of title 10, United States Code, as amended

by subsection (a), is further amended—

(A) by striking ‘‘The Council’’ and inserting ‘‘(1) The

Council’’; and

(B) by adding at the end the following new paragraph:

‘‘(2)(A) The Council shall promptly—

‘‘(i) review any determination made by the Assistant Sec-

retary of the Air Force for Space Acquisition and Integration

with respect to architecture for the space systems and programs

of the armed forces under section 9016(b)(6)(B)(i) of this title,

including the requirements for operating such space systems

or programs; and

‘‘(ii) either—

‘‘(I) if the Council finds such a determination to be

warranted, certify the determination; or

‘‘(II) if the Council finds such a determination not

to be warranted, decline to certify the determination.

‘‘(B) Not later than 10 business days after the date on which

the Council makes a finding with respect to a certification under

subparagraph (A), the Council shall submit to the congressional

defense committees a notification of the finding, including a detailed

justification for the finding.

‘‘(C) Except as provided in subparagraph (D), the Assistant

Secretary of the Air Force for Space Acquisition and Integration

may not take any action to implement a determination referred

to in subparagraph (A)(i) until 30 days has elapsed following the

date on which the Council submits the notification under subpara-

graph (B).

‘‘(D)(i) The Secretary of Defense may waive subparagraph (C)

in the event of an urgent national security requirement.

‘‘(ii) The Secretary of Defense shall submit to the congressional

defense committees a notification of any waiver granted under

clause (i), including a justification for the waiver.’’.

Notification.

Deadline.

10 USC 9021

note.

10 USC 9011

prec.

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135 STAT. 2077 PUBLIC LAW 117–81—DEC. 27, 2021

(2) D

EPARTMENT OF DEFENSE SPACE SYSTEMS AND PRO

GRAMS

.—Clause (i) of section 9016(b)(6)(B) of title 10, United

States Code, is amended to read as follows:

‘‘(i) Be responsible for and oversee all architecture and

integration with respect to the acquisition of the space systems

and programs of the armed forces, including in support of

the Chief of Space Operations under section 9082 of this title.’’.

(3) T

RANSFER OF ACQUISITION PROJECTS FOR SPACE SYSTEMS

AND PROGRAMS

.—Section 956(b)(3) of the National Defense

Authorization Act for Fiscal Year 2020 (Public Law 116–92;

133 Stat. 1566; 10 U.S.C. 9016 note) is amended by striking

‘‘of the Air Force’’ and inserting ‘‘of the Armed Forces’’.

(4) D

ESIGNATION OF FORCE DESIGN ARCHITECT FOR DEPART

MENT OF DEFENSE SPACE SYSTEMS

.—Not later than 90 days

after the date of the enactment of this Act, the Secretary

of Defense shall—

(A) designate the Chief of Space Operations the force

design architect for space systems of the Armed Forces;

and

(B) submit to the congressional defense committees

a certification of such designation.

SEC. 1603. DELEGATION OF AUTHORITIES TO SPACE DEVELOPMENT

AGENCY.

Section 9086 of title 10, United States Code, as redesignated

by section 1081, is amended by adding at the end the following

new subsection:

‘‘(d) D

ELEGATION OF

UTHORITIES

.—(1) With respect to tranche

0 capabilities and tranche 1 capabilities, to the extent practicable,

the Secretary of the Air Force, acting through the Service Acquisi-

tion Executive for Space Systems and Programs, shall ensure the

delegation to the Agency of—

‘‘(A) head of contracting authority; and

‘‘(B) milestone decision authority for the middle tier of

acquisition programs.

‘‘(2)(A) The Service Acquisition Executive for Space Systems

and Programs may rescind the delegation of authority under para-

graph (1) for cause or on a case-by-case basis.

‘‘(B) Not later than 30 days after the date of a rescission

under subparagraph (A), the Secretary of the Air Force shall notify

the congressional defense committees of such rescission.

‘‘(3) In this subsection:

‘‘(A) The term ‘tranche 0 capabilities’ means capabilities

relating to transport, battle management, tracking, custody,

navigation, deterrence, and support, that are intended to be

achieved by September 30, 2022.

‘‘(B) The term ‘tranche 1 capabilities’ means capabilities

relating to transport, battle management, tracking, custody,

navigation, deterrence, and support, that are intended to be

achieved by September 30, 2024.’’.

SEC. 1604. EXTENSION AND MODIFICATION OF COUNCIL ON OVER-

SIGHT OF THE DEPARTMENT OF DEFENSE POSITIONING,

NAVIGATION, AND TIMING ENTERPRISE.

Section 2279b of title 10, United States Code, is amended—

(1) in subsection (d)(2)—

(A) by redesignating subparagraphs (D) and (E) as

subparagraphs (E) and (F), respectively; and

Deadline.

Notification.

Deadline.

10 USC 9082

note.

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135 STAT. 2078 PUBLIC LAW 117–81—DEC. 27, 2021

(B) by inserting after subparagraph (C) the following

new subparagraph (D):

‘‘(D) Alternative methods to perform position navigation

and timing.’’; and

(2) in subsection (h), by striking ‘‘National Defense

Authorization Act for Fiscal Year 2016’’ and inserting ‘‘National

Defense Authorization Act for Fiscal Year 2022’’.

SEC. 1605. IMPROVEMENTS TO TACTICALLY RESPONSIVE SPACE

LAUNCH PROGRAM.

Section 1609 of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283; 134 Stat. 4048) is amended—

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) P

GRAM

.—The Secretary’’; and

(2) by adding at the end the following new subsection:

‘‘(b) S

UPPORT

.—

‘‘(1) E

LEMENTS

.—The Secretary of Defense, in consultation

with the Director of National Intelligence, shall support the

tactically responsive launch program under subsection (a)

during the period covered by the future-years defense program

submitted to Congress under section 221 of title 10, United

States Code, in 2022 to ensure that the program addresses

the following:

‘‘(A) The ability to rapidly place on-orbit systems to

respond to urgent needs of the commanders of the combat-

ant commands or to reconstitute space assets and capabili-

ties to support national security priorities if such assets

and capabilities are degraded, attacked, or otherwise

impaired, including such assets and capabilities relating

to protected communications and intelligence, surveillance,

and reconnaissance.

‘‘(B) The entire launch process, including with respect

to launch services, satellite bus and payload availability,

and operations and sustainment on-orbit.

‘‘(2) P

LAN

.—As a part of the defense budget materials (as

defined in section 239 of title 10, United States Code) for

fiscal year 2023, the Secretary of Defense, in consultation with

the Director of National Intelligence, shall submit to Congress

a plan for the tactically responsive launch program to address

the elements under paragraph (1). Such plan shall include

the following:

‘‘(A) Lessons learned from the Space Safari tactically

responsive launch-2 mission of the Space Systems Com-

mand of the Space Force, and how to incorporate such

lessons into future efforts regarding tactically responsive

launches.

‘‘(B) How to achieve responsive acquisition timelines

within the adaptive acquisition framework for space

acquisition pursuant to section 807.

‘‘(C) Plans to address supply chain issues and leverage

commercial capabilities to support future reconstitution and

urgent space requirements leveraging the tactically respon-

sive launch program under subsection (a).’’.

Consultation.

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135 STAT. 2079 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1606. CLARIFICATION OF DOMESTIC SERVICES AND CAPABILITIES

IN LEVERAGING COMMERCIAL SATELLITE REMOTE

SENSING.

Section 1612(c) of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283; 10 U.S.C. 441 note) is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new para-

graph (4):

‘‘(4) The term ‘domestic’ includes, with respect to commer-

cial capabilities or services covered by this section, capabilities

or services provided by companies that operate in the United

States and have active mitigation agreements pursuant to the

National Industrial Security Program, unless the Director of

the National Reconnaissance Office or the Director of the

National Geospatial-Intelligence Agency submits to the appro-

priate congressional committees a written determination that

excluding such companies is warranted on the basis of national

security or strategic policy needs.’’.

SEC. 1607. PROGRAMS OF RECORD OF SPACE FORCE AND COMMER-

CIAL CAPABILITIES.

(a) S

ERVICE

CQUISITION

XECUTIVE FOR

PACE

YSTEMS AND

ROGRAMS

.—Section 957(c) of the National Defense Authorization

Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016

note) is amended by adding at the end the following new paragraph:

‘‘(5) P

ROGRAMS OF RECORD AND COMMERCIAL CAPABILI

TIES

.—Prior to establishing a program of record, the Service

Acquisition Executive for Space Systems and Programs shall

determine whether existing or planned commercially available

capabilities could meet all or a portion of the requirements

for that proposed program. Not later than 30 days after the

date on which the Service Acquisition Executive makes such

a positive determination, the Service Acquisition Executive

shall submit to the congressional defense committees a notifica-

tion of the results of the determination.’’.

(b) L

IMITATION

.—

(1) I

N GENERAL

.—Except as provided by paragraph (2),

the Secretary of Defense may not rely solely on the use of

commercial satellite services and associated systems to carry

out operational requirements, including command and control

requirements, targeting requirements, or other requirements

that are necessary to execute strategic and tactical operations.

(2) M

ITIGATION MEASURES

.—The Secretary may rely solely

on the use of commercial satellite services and associated sys-

tems to carry out an operational requirement described in

paragraph (1) if the Secretary has taken measures to mitigate

the vulnerability of any such requirement.

RIEFINGS

.—

(1) R

EQUIREMENT

.—Not less frequently than quarterly

through fiscal year 2025, the Secretary shall provide to the

congressional defense committees a briefing on the use and

extent of the reliance of the Department of Defense on commer-

cial satellite services and associated systems to provide capa-

bility and additional capacity across the Department.

(2) E

LEMENTS

.—Each briefing under paragraph (1) shall

include the following for the preceding quarter:

Time period.

10 USC 2271

note.

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135 STAT. 2080 PUBLIC LAW 117–81—DEC. 27, 2021

(A) A summary of commercial data and services used

to fulfill requirements of the Department or to augment

the systems and capabilities of the Department.

(B) An assessment of any reliance on, and the resulting

vulnerabilities of, such data and services.

vulnerabilities.

(D) A description of mitigation measures taken by the

Secretary under subsection (b)(2).

(d) S

TUDY

.—The Secretary of the Air Force shall seek to enter

into an agreement with a federally funded research and develop-

ment center that is not closely affiliated with the Air Force or

the Space Force to conduct a study on—

(1) the extent of commercial support of, and integration

into, the space operations of the Armed Forces; and

(2) measures to ensure that such operations, particularly

operations that are mission critical, continue to be carried

out in the most effective manner possible during a time of

conflict.

SEC. 1608. EXTENSION AND MODIFICATION OF CERTIFICATIONS

REGARDING INTEGRATED TACTICAL WARNING AND

ATTACK ASSESSMENT MISSION OF THE AIR FORCE.

Section 1666 of the National Defense Authorization Act for

Fiscal Year 2017 (Public Law 114–328; 113 Stat. 2617), as amended

by section 1604 of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283), is further amended—

(1) in the section heading, by striking ‘‘

THE AIR FORCE

’’

and inserting ‘‘

THE DEPARTMENT OF THE AIR FORCE

’’;

(2) in subsection (a)—

(A) in the matter preceding paragraph (1)—

(i) by striking ‘‘each year thereafter through 2020’’

and inserting ‘‘each year thereafter through 2026’’; and

(ii) by inserting ‘‘, in consultation with the Com-

mander of the United States Strategic Command and

the Commander of the United States Northern Com-

mand,’’ after ‘‘the Commander of the United States

Space Command’’;

(B) in paragraph (1)—

(i) by striking ‘‘the Air Force is’’ and inserting

‘‘the Department of the Air Force is’’; and

(ii) by inserting ‘‘and the Space Force’’ after ‘‘to

the Air Force’’; and

inserting ‘‘the Department of the Air Force’’; and

(3) in subsection (b)—

(A) by inserting ‘‘of the United States Space Command’’

after ‘‘Commander’’;

(B) by striking ‘‘system of the Air Force’’ and inserting

‘‘system of the Department of the Air Force’’;

inserting ‘‘command of the Department of the Air Force’’;

and

(D) by striking ‘‘aspects of the Air Force’’ and inserting

‘‘aspects of the Department of the Air Force’’.

Assessment.

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135 STAT. 2081 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1609. CLASSIFICATION REVIEW OF PROGRAMS OF THE SPACE

FORCE.

(a) C

LASSIFICATION

EVIEW

.—The Secretary of Defense shall—

(1) not later than 120 days after the date of the enactment

of this Act, conduct a review of each classified program managed

under the authority of the Space Force to determine whether—

(A) the level of classification of the program could

be changed to a lower level; or

(B) the program could be declassified; and

(2) not later than 90 days after the date on which the

Secretary completes such review, commence the change to the

classification level or the declassification as determined in such

review.

(b) C

OORDINATION

.—The Secretary shall carry out the review

under subsection (a)(1) in coordination with the Assistant Secretary

of Defense for Space Policy and, as the Secretary determines appro-

priate, the heads of other elements of the Department of Defense.

EPORT

.—Not later than 60 days after the date on which

the Secretary completes the review under subsection (a)(1), the

Secretary, in coordination with the Assistant Secretary of Defense

for Space Policy, shall submit to the congressional defense commit-

tees a report identifying each program managed under the authority

of the Space Force covered by a determination regarding changing

the classification level of the program or declassifying the program,

including—

(1) the timeline for implementing such change or declas-

sification; and

(2) any risks that exist in implementing such change or

declassification.

SEC. 1610. REPORT ON RANGE OF THE FUTURE INITIATIVE OF THE

SPACE FORCE.

Not later than 90 days after the date of the enactment of

this Act, the Chief of Space Operations shall submit to the congres-

sional defense committees a report containing the following:

(1) A detailed plan to carry out the Space Force ‘‘Range

of the Future’’ initiative, including the estimated funding

required to implement the plan.

(2) Identification of any specific authorities the Chief deter-

mines need to be modified by law to improve the ability of

the Space Force to address long-term challenges to the physical

infrastructure at the launch ranges of the Space Force, and

an explanation for why such modified authorities are needed.

(3) Any additional proposals that would support improved

infrastructure at the launch ranges of the Space Force,

including recommendations for legislative action to carry out

such proposals.

SEC. 1611. SPACE POLICY REVIEW.

(a) I

ENERAL

.—The Secretary of Defense, in consultation

with the Director of National Intelligence, shall carry out a review

of the space policy of the Department of Defense.

(b) E

LEMENTS

.—The review under subsection (a) shall include

the following:

(1) With respect to the five-year period following the date

of the review, an assessment of the threat to the space oper-

ations of the United States and the allies of the United States.

Time period.

Assessments.

Consultation.

Plan.

Determination.

Deadline.

10 USC 2271

note.

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135 STAT. 2082 PUBLIC LAW 117–81—DEC. 27, 2021

(2) An assessment of the national security objectives of

the Department relating to space.

(3) An evaluation of the policy changes and funding nec-

essary to accomplish such objectives during such five-year

period.

(4) An assessment of the policy of the Department with

respect to deterring, responding to, and countering threats to

the space operations of the United States and the allies of

the United States.

(5) An analysis of such policy with respect to normative

behaviors in space, including the commercial use of space.

(6) An analysis of the extent to which such policy is coordi-

nated with other ongoing policy reviews, including reviews

regarding nuclear, missile defense, and cyber operations.

(7) A description of the organization and space doctrine

of the Department to carry out the space policy of the Depart-

ment.

(8) An assessment of the space systems and architectures

to implement such space policy.

(9) Any other matters the Secretary considers appropriate.

EPORT

.—

(1) R

EQUIREMENT

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary, in consultation

with the Director, shall submit to the appropriate congressional

committees a report on the results of the review under sub-

section (a).

(2) A

NNUAL UPDATES

.—Concurrent with the submission to

Congress of the budget of the President for each of fiscal years

2024 through 2026 pursuant to section 1105(a) of title 31,

United States Code, and more frequently during such period

as the Secretary determines appropriate, the Secretary, in con-

sultation with the Director, shall submit to the appropriate

congressional committees a report describing any update to

the assessments, analyses, and evaluations carried out pursu-

ant to such review.

(3) F

ORM

.—Each report under this subsection shall be sub-

mitted in unclassified form, but may include a classified annex.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the following:

(1) The congressional defense committees.

(2) The Committee on Science, Space, and Technology and

the Permanent Select Committee on Intelligence of the House

of Representatives.

(3) The Committee on Commerce, Science, and Transpor-

tation and the Select Committee on Intelligence of the Senate.

SEC. 1612. ANNUAL BRIEFING ON THREATS TO SPACE OPERATIONS.

(a) R

EQUIREMENT

.—Not later than February 28 each year

through 2026, the Chief of Space Operations, in consultation with

the Commander of the United States Space Command and the

Director of National Intelligence, shall provide to the appropriate

congressional committees a briefing on the threats to the space

operations of the United States posed by Russia, China, and any

other country relevant to the conduct of such operations.

(b) E

LEMENTS

.—Each briefing under subsection (a) shall include

the following:

Deadline.

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135 STAT. 2083 PUBLIC LAW 117–81—DEC. 27, 2021

(1) A review of the current posture of threats described

in such subsection and anticipated advances in such threats

over the subsequent five-year period.

(2) A description of potential measures to counter such

threats.

ISTRIBUTION OF

RIEFING

.—On or about the same day

as the Chief of Space Operations provides to the appropriate

congressional committees a briefing under subsection (a), the Chief

shall also provide to the National Space Council, the Secretary

of Commerce, the Secretary of Transportation, and the Adminis-

trator of the National Aeronautics and Space Administration the

briefing at the highest level of classification possible.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committees on Armed Services, Energy and Com-

merce, Transportation and Infrastructure, and Science, Space,

and Technology, and the Permanent Select Committee on Intel-

ligence of the House of Representatives; and

(2) the Committees on Armed Services and Commerce,

Science, and Transportation, and the Select Committee on Intel-

ligence of the Senate.

SEC. 1613. NATIONAL SECURITY COUNCIL BRIEFING ON POTENTIAL

HARMFUL INTERFERENCE TO GLOBAL POSITIONING

SYSTEM.

(a) R

EQUIREMENT

.—Not later than 30 days after the date of

the enactment of this Act, the Secretary of Defense shall provide

to the National Security Council, the Secretary of Commerce, and

the Commissioners of the Federal Communications Commission

a briefing at the highest level of classification on the current assess-

ment of the Department of Defense, as of the date of the briefing,

regarding the potential for harmful interference to the Global Posi-

tioning System, mobile satellite services, or other tactical or stra-

tegic systems of the Department of Defense, from commercial terres-

trial operations and mobile satellite services using the 1525–1559

megahertz band and the 1626.5–1660.5 megahertz band.

(b) M

ATTERS

NCLUDED

.—The briefing under subsection (a) shall

include—

(1) potential operational impacts that have been studied

within the megahertz bands specified in such subsection; and

(2) impacts that could be mitigated, if any, including how

such mitigations could be implemented.

ONGRESSIONAL

RIEFING

.—Not later than seven days after

the date on which the Secretary provides the briefing under sub-

section (a), the Secretary shall provide to the appropriate congres-

sional committees such briefing.

(d) I

NDEPENDENT

ECHNICAL

EVIEW

.—The Secretary shall

carry out subsections (a) and (c) regardless of whether the inde-

pendent technical review conducted pursuant to section 1663 of

the William M. (Mac) Thornberry National Defense Authorization

Act for Fiscal Year 2021 (Public Law 116–283) has been completed.

(e) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

Deadline.

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135 STAT. 2084 PUBLIC LAW 117–81—DEC. 27, 2021

(2) the Committee on Energy and Commerce of the House

of Representatives and the Committee on Commerce, Science,

and Transportation of the Senate.

SEC. 1614. NON-GEOSTATIONARY ORBIT SATELLITE CONSTELLATIONS.

(a) R

EPORT

.—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 and the heads

of the Defense Agencies, shall submit to the congressional defense

committees a report on current commercial satellite communication

initiatives, including with respect to new non-geostationary orbit

satellite technologies that the Department of Defense has employed

to increase satellite communication throughput to existing platforms

of the military departments currently constrained by legacy

capabilities.

(b) M

ATTERS

NCLUDED

.—The report under subsection (a) shall

include the following:

(1) A potential investment strategy concerning how to

operationalize commercial satellite communication capabilities

using non-geostationary orbit satellites across each of the mili-

tary departments, including—

(A) requisite funding required to adequately prioritize

and accelerate the integration of such capabilities into the

warfighting systems of the departments; and

(B) future-year spending projections for such efforts

that align with other satellite communication investments

of the Department of Defense.

(2) An integrated satellite communications reference

architecture roadmap for the Department of Defense to achieve

a resilient, secure network for operationalizing commercial sat-

ellite communication capabilities, including through the use

of non-geostationary orbit satellites, across the Department

that is capable of leveraging multi-band and multi-orbit

architectures, including requirements that enable maximum

use of commercially available technologies.

SEC. 1615. BRIEFING ON PROTOTYPE PROGRAM FOR MULTIGLOBAL

NAVIGATION SATELLITE SYSTEM RECEIVER DEVELOP-

MENT.

Not later than 90 days after the date of the enactment of

this Act, the Secretary of the Air Force shall provide to the congres-

sional defense committees a briefing on the implementation of the

program required under section 1607 of the National Defense

Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133

Stat. 1724), including with respect to addressing each element

specified in subsection (b) of such section.

Subtitle B—Defense Intelligence and

Intelligence-Related Activities

SEC. 1621. NOTIFICATION OF CERTAIN THREATS TO UNITED STATES

ARMED FORCES BY FOREIGN GOVERNMENTS.

(a) D

ETERMINATION

HAT

OREIGN

OVERNMENT

NTENDS TO

AUSE THE

EATH OF OR

ERIOUS

ODILY

NJURY TO

EMBERS

OF THE

RMED

ORCES

.—The Secretary of Defense shall carry out

the notification requirement under subsection (b) whenever the

Consultation.

10 USC 421 note

prec.

Deadline.

Consultation.

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135 STAT. 2085 PUBLIC LAW 117–81—DEC. 27, 2021

Secretary, in consultation with the Director of National Intelligence,

determines with high confidence that, on or after the date of the

enactment of this Act, an official of a foreign government has

taken a substantial step that is intended to cause the death of,

or serious bodily injury to, any member of the United States Armed

Forces, whether through direct means or indirect means, including

through a promise or agreement by the foreign government to

pay anything of pecuniary value to an individual or organization

in exchange for causing such death or serious bodily injury.

(b) N

OTICE TO

ONGRESS

.—

(1) N

OTIFICATION

.—Except as provided by paragraph (2),

not later than 14 days after making a determination under

subsection (a), the Secretary shall notify the congressional

defense committees of such determination. Such notification

shall include, at a minimum, the following:

(A) A description of the nature and extent of the effort

by the foreign government to target members of the United

States Armed Forces.

(B) An assessment of what specific officials, agents,

entities, and departments within the foreign government

authorized the effort.

government for undertaking such an effort.

(D) An assessment of whether the effort of the foreign

government was a substantial factor in the death or serious

bodily injury of any member of the United States Armed

Forces.

(E) Any other information the Secretary determines

appropriate.

(2) W

AIVER

.—On a case-by-case basis, the Secretary may

waive the notification requirement under paragraph (1) if the

Secretary—

(A) determines that the waiver is in the national secu-

rity interests of the United States; and

(B) submits to the congressional defense committees

a written justification of such determination.

EFINITIONS

.—In this section:

(1) The term ‘‘anything of pecuniary value’’ has the meaning

given that term in section 1958(b)(1) of title 18, United States

Code.

(2) The term ‘‘determines with high confidence’’—

(A) means that the official making the determination—

(i) has concluded that the judgments in the deter-

mination are based on sound analytic argumentation

and high-quality, consistent reporting from multiple

sources, including through clandestinely obtained docu-

ments, clandestine and open source reporting, and in-

depth expertise;

(ii) with respect to such judgments, has concluded

that the intelligence community has few intelligence

gaps and few assumptions underlying the analytic line

and that the intelligence community has concluded

that the potential for deception is low; and

(iii) has examined long-standing analytic judg-

ments and considered alternatives in making the deter-

mination; but

Determination.

Deadline.

Determination.

Assessments.

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135 STAT. 2086 PUBLIC LAW 117–81—DEC. 27, 2021

(B) does not mean that the official making the deter-

mination has concluded that the judgments in the deter-

mination are fact or certainty.

(3) The term ‘‘direct means’’ means without the use of

intermediaries.

(4) The term ‘‘foreign government’’ means the government

of a foreign country with which the United States is at peace.

(5) The term ‘‘indirect means’’ means through, or with

the assistance of, intermediaries.

SEC. 1622. STRATEGY AND PLAN TO IMPLEMENT CERTAIN DEFENSE

INTELLIGENCE REFORMS.

(a) S

TRATEGY AND

LAN

.—The Secretary of Defense, in

coordination with the Director of National Intelligence, shall develop

and implement a strategy and plan to enable the Defense Intel-

ligence Enterprise to more effectively fulfill the intelligence and

information requirements of the commanders of the combatant com-

mands with respect to efforts by the combatant commands to expose

and counter foreign malign influence, coercion, and subversion

activities undertaken by, or at the direction, on behalf, or with

substantial support of the governments of, covered foreign countries.

(b) M

ATTERS

NCLUDED IN

LAN

.—The plan under subsection

(a) shall include the following:

(1) A plan to improve policies and procedures of the Defense

Intelligence Enterprise to assemble and release facts about

the foreign malign influence, coercion, and subversion activities

of a covered foreign country described in such subsection in

a timely way and in forms that allow for greater distribution

and release.

(2) A plan to develop and publish validated priority intel-

ligence requirements of the commanders of the combatant com-

mands.

(3) A plan to better leverage open-source and commercially

available information and independent analyses to support the

efforts by the combatant commands described in such sub-

section.

(4) A review by each element of the Defense Intelligence

Enterprise of the approaches used by that element—

(A) with respect to intelligence that has not been proc-

essed or analyzed, to separate out data from the sources

and methods by which the data is obtained (commonly

known as ‘‘tearlining’’); and

(B) with respect to finished intelligence products that

relate to foreign malign influence, coercion, and subversion

activities of a covered foreign country described in such

subsection, to downgrade the classification level of the

product.

(6) An identification of any additional resources or legisla-

tive authority necessary to better meet the intelligence and

information requirements described in such subsection.

(7) An assignment of responsibilities and timelines for the

implementation of the plans described in paragraphs (1), (2),

and (3).

(8) Any other matters the Secretary determines relevant.

UBMISSION

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of Defense, in coordination

with the Director of National Intelligence, shall submit to the

Deadline.

10 USC 421 note

prec.

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135 STAT. 2087 PUBLIC LAW 117–81—DEC. 27, 2021

appropriate congressional committees and the Comptroller General

of the United States the plan developed under subsection (a).

(d) C

OMPTROLLER

ENERAL

EVIEW

.—

(1) R

EQUIREMENT

.—The Comptroller General shall conduct

a review of—

(A) the plan submitted under subsection (c); and

(B) the activities and future plans of the Defense Intel-

ligence Enterprise for meeting the intelligence and informa-

tion requirements described in subsection (a).

(2) E

LEMENTS

.—The review under paragraph (1) shall

include the following:

(A) The extent to which the plan submitted under

subsection (c) includes the elements identified in subsection

(b).

(B) The extent to which the Defense Intelligence Enter-

prise has clearly assigned roles, responsibilities, and proc-

esses for fulfilling the intelligence and information require-

ments described in subsection (a).

prise is planning to obtain additional capabilities and

resources to improve the quality and timeliness of intel-

ligence and information provided to the commanders of

the combatant commands to aid in the efforts described

in subsection (a).

(D) The extent to which the Defense Intelligence Enter-

prise is identifying, obtaining, and using commercial and

publicly available information to aid in such efforts.

(E) Any other related issues that the Comptroller Gen-

eral determines appropriate.

(3) B

RIEFING AND REPORT

.—Not later than 120 days after

the date on which the Comptroller General receives the plan

under subsection (c), the Comptroller General shall provide

to the appropriate congressional committees a briefing on any

initial findings about the plan. After such briefing, the Comp-

troller General shall submit to the committees a report on

the plan at a date mutually agreed upon by the Comptroller

General and the committees.

(e) C

ONGRESSIONAL

RIEFING

.—Not later than 90 days after

the date of the enactment of this Act, and annually thereafter

through December 31, 2026, the Secretary, in coordination with

the Director of National Intelligence, shall provide to the appro-

priate congressional committees a briefing on the strategy and

plan under subsection (a).

(f) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’ means

the following:

(A) The congressional defense committees.

(B) The Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee

on Intelligence of the Senate.

(2) The term ‘‘covered foreign country’’ means any of the

following:

(A) The People’s Republic of China.

(B) The Russian Federation.

(D) The Democratic People’s Republic of Korea.

Deadline.

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135 STAT. 2088 PUBLIC LAW 117–81—DEC. 27, 2021

(E) Any other foreign country the Secretary of Defense

and the Director of National Intelligence determine appro-

priate.

(3) The term ‘‘Defense Intelligence Enterprise’’ has the

meaning given that term in section 426(b)(4) of title 10, United

States Code.

SEC. 1623. ANNUAL BRIEFING BY DIRECTOR OF THE DEFENSE INTEL-

LIGENCE AGENCY ON ELECTRONIC WARFARE THREAT TO

OPERATIONS OF THE DEPARTMENT OF DEFENSE.

(a) R

EQUIREMENT

.—Not later than March 31, 2022, and

annually thereafter through 2026, the Director of the Defense Intel-

ligence Agency shall provide the congressional defense committees,

the Select Committee on Intelligence of the Senate, and the Perma-

nent Select Committee on Intelligence of the House of Representa-

tives a briefing on the electronic warfare threat to operations of

the Department of Defense by Russia, China, and other countries

relevant to the conduct of such operations.

(b) C

ONTENTS

.—Each briefing provided under subsection (a)

shall include a review of the following:

(1) Current electronic warfare capabilities of the armed

forces of Russia, the armed forces of China, and the armed

forces of such other countries as the Director considers appro-

priate.

(2) With respect to the five-year period beginning after

the date of the briefing, an estimate of—

(A) advances in electronic warfare threats to the oper-

ations of the Department from the countries referred to

in paragraph (1); and

(B) the order of battle for Russia, China, and each

other country the Secretary considers appropriate.

SEC. 1624. REPORT ON EXPLOSIVE ORDNANCE INTELLIGENCE MAT-

TERS.

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 feasibility and advisability

of—

(1) designating the Director of the Defense Intelligence

Agency as the executive agent for explosive ordnance intel-

ligence; and

(2) including in the responsibilities of the Director of the

Defense Intelligence Agency pursuant to section 105 of the

National Security Act of 1947 (50 U.S.C. 3038) explosive ord-

nance intelligence, including with respect to the processing,

production, dissemination, integration, exploitation, evaluation,

feedback, and analysis of explosive ordnance using the skills,

techniques, principles, and knowledge of explosive ordnance

disposal personnel regarding fuzing, firing systems, ordnance

disassembly, and development of render safe techniques, proce-

dures and tools, publications, and applied technologies.

Deadline.

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135 STAT. 2089 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle C—Nuclear Forces

SEC. 1631. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND

STRATEGIC DETERRENCE EXERCISES.

Chapter 24 of title 10, United States Code, is amended by

adding at the end the following new section (and conforming the

table of sections at the beginning of such chapter accordingly):

‘‘SEC. 499b. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND

STRATEGIC DETERRENCE EXERCISES.

‘‘(a) P

ARTICIPATION

.—In the case of annual strategic deterrence

exercises held by the United States Strategic Command during

fiscal years 2022 through 2032—

‘‘(1) the Assistant to the President for National Security

Affairs is encouraged to participate in each such exercise that

occurs during an even-numbered year;

‘‘(2) the Deputy Assistant to the President for National

Security Affairs is encouraged to participate in each such exer-

cise that occurs during an odd-numbered year;

‘‘(3) the Under Secretary of Defense for Policy shall partici-

pate, in whole or in part, in each such exercise;

‘‘(4) the Vice Chairman of the Joint Chiefs of Staff shall

participate, in whole or in part, in each such exercise;

‘‘(5) appropriate senior staff of the Executive Office of the

President or appropriate organizations supporting the White

House relating to continuity of government activities are

encouraged to participate in each such exercise;

‘‘(6) appropriate general or flag officers of the military

departments, and appropriate employees of Federal agencies

in Senior Executive Service positions (as defined in section

3132 of title 5), shall participate, in whole or in part, in each

such exercise, to provide relevant expertise to the Assistant

to the President for National Security Affairs and the Deputy

Assistant to the President for National Security Affairs; and

‘‘(7) in the case of such an exercise for which a unified

combatant command has a geographic area of responsibility

relevant to the scenario planned to be used for the exercise,

not fewer than two of the following individuals from that com-

mand shall participate, in whole or in part, in the exercise:

‘‘(A) The Commander.

‘‘(B) The Deputy Commander.

‘‘(C) The Director of the Joint Staff for Operations.

‘‘(D) The Director of the Joint Staff for Strategic Plans

and Policy.

‘‘(b) B

RIEFING

.—Not fewer than once every four years (or more

frequently if appropriate) during the period specified in subsection

(a), the President shall be provided a briefing on the annual stra-

tegic deterrence exercise held by the United States Strategic Com-

mand during the year in which the briefing is provided, including

the principal findings resulting from the exercise.

‘‘(c) R

EPORTS

.—(1) Not later than 30 days after the completion

of an annual strategic deterrence exercise described in subsection

(a), the Commander of the United States Strategic Command shall

submit to the Chairman of the Joint Chiefs of Staff and the Sec-

retary of Defense a report on the exercise, which, at a minimum,

shall include the following:

Time period.

10 USC 499b.

10 USC 491 prec.

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135 STAT. 2090 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(A) A description of the purpose and scope of the

exercise.

‘‘(B) An identification of the principal personnel partici-

pating in the exercise.

‘‘(C) A statement of the principal findings resulting

from the exercise that specifically relate to the nuclear

command, control, and communications or senior leader

decision-making process and a description of any defi-

ciencies in that process identified a result of the exercise.

‘‘(D) Whether the President was briefed on the exercise

and the principal findings resulting from the exercise.

‘‘(2) Not later than 60 days after the completion of an annual

strategic deterrence exercise described in subsection (a), the Sec-

retary shall submit to the congressional defense committees—

‘‘(A) an unedited copy of the report of the Commander

submitted under paragraph (1); and

‘‘(B) any additional recommendations or other matters the

Secretary considers appropriate.’’.

SEC. 1632. MODIFICATION TO REQUIREMENTS RELATING TO NUCLEAR

FORCE REDUCTIONS.

Section 494(c) of title 10, United States Code, is amended—

(1) by striking ‘‘December 31, 2011’’ each place it appears

and inserting ‘‘December 31, 2021’’; and

(2) in paragraph (3), by striking ‘‘December 31, 2017’’ and

inserting ‘‘February 1, 2025’’.

SEC. 1633. MODIFICATIONS TO REQUIREMENTS RELATING TO UNILAT-

ERAL CHANGES IN NUCLEAR WEAPONS STOCKPILE OF

THE UNITED STATES.

Section 498 of title 10, United States Code, is amended—

(1) by striking subsection (a) and inserting the following

new subsection (a):

‘‘(a) I

ENERAL

.—Other than pursuant to a treaty to which

the Senate has provided advice and consent pursuant to section

2 of article II of the Constitution of the United States, if the

President has under consideration to unilaterally change the size

of the total stockpile of nuclear weapons of the United States,

or the total number of deployed nuclear weapons (as defined under

the New START Treaty), by more than 20 percent, prior to doing

so the President shall initiate a Nuclear Posture Review.’’;

(2) in subsection (c), by striking ‘‘in the nuclear weapons

stockpile by more than 25 percent’’ and inserting ‘‘described

in subsection (a)’’;

(3) in subsection (d), by striking ‘‘treaty obligations’’ and

inserting ‘‘obligations pursuant to a treaty to which the Senate

has provided advice and consent pursuant to section 2 of article

II of the Constitution’’; and

(4) by adding at the end the following:

‘‘(f) N

START T

REATY

EFINED

.—In this section, the term

‘New START Treaty’ means the Treaty between the United States

of America and the Russian Federation on Measures for the Further

Reduction and Limitation of Strategic Offensive Arms, signed on

April 8, 2010, and entered into force on February 5, 2011.’’.

Deadline.

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135 STAT. 2091 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1634. DEADLINE FOR REPORTS ON MODIFICATION OF FORCE

STRUCTURE FOR STRATEGIC NUCLEAR WEAPONS

DELIVERY SYSTEMS.

Section 493 of title 10, United States Code, is amended in

the first sentence by inserting after ‘‘report on the modification’’

the following: ‘‘not less than 180 days before the intended effective

date of the modification’’.

SEC. 1635. MODIFICATION OF DEADLINE FOR NOTIFICATIONS

RELATING TO REDUCTION, CONSOLIDATION, OR WITH-

DRAWAL OF NUCLEAR FORCES BASED IN EUROPE.

Section 497(b) of title 10, United States Code, is amended

by striking ‘‘60 days’’ and inserting ‘‘120 days’’.

SEC. 1636. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF THE

GROUND-BASED STRATEGIC DETERRENT CRYP-

TOGRAPHIC DEVICE.

(a) I

ENERAL

.—The Secretary of the Air Force may enter

into contracts for the life-of-type procurement of covered parts sup-

porting the KS–75 cryptographic device under the ground-based

strategic deterrent program.

(b) A

VAILABILITY OF

UNDS

.—Notwithstanding section 1502(a)

of title 31, United States Code, of the amount authorized to be

appropriated for fiscal year 2022 by section 101 and available

for missile procurement, Air Force, as specified in the corresponding

funding table in section 4101, $10,900,000 shall be available for

the procurement of covered parts pursuant to contracts entered

into under subsection (a).

OVERED

ARTS

EFINED

.—In this section, the term ‘‘covered

parts’’ means commercially available off-the-shelf items as defined

in section 104 of title 41, United States Code.

SEC. 1637. CAPABILITY OF B–21 BOMBER AIRCRAFT WITH LONG-RANGE

STANDOFF WEAPON.

The Secretary of the Air Force shall ensure that the B–21

bomber aircraft is capable of employing the long-range standoff

weapon.

SEC. 1638. MISSION-DESIGN SERIES POPULAR NAME FOR GROUND-

BASED STRATEGIC DETERRENT.

(a) R

EQUIREMENT

.—Not later than 90 days after the date of

the enactment of this Act, the Secretary of the Air Force, in

coordination with the Under Secretary of Defense for Acquisition

and Sustainment, shall establish a mission-design series popular

name for the ground-based strategic deterrent, consistent with the

procedures set forth in Department of Defense Directive 4120.15

(relating to designating and naming military aerospace vehicles).

(b) N

OTIFICATION

.—Not later than 10 days after completing

the requirement under subsection (a), the Secretary of the Air

Force shall notify the congressional defense committees of the

completion of the requirement.

SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL

BALLISTIC MISSILES OF THE UNITED STATES.

(a) P

ROHIBITION

.—Except as provided in subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2022 for the Department of Defense

Deadline.

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135 STAT. 2092 PUBLIC LAW 117–81—DEC. 27, 2021

may be obligated or expended for the following, and the Department

may not otherwise take any action to do the following:

(1) Reduce, or prepare to reduce, the responsiveness or

alert level of the intercontinental ballistic missiles of the United

States.

(2) Reduce, or prepare to reduce, the quantity of deployed

intercontinental ballistic missiles of the United States to a

number less than 400.

(b) E

XCEPTION

.—The prohibition in subsection (a) shall not

apply to any of the following activities:

(1) The maintenance or sustainment of intercontinental

ballistic missiles.

(2) Ensuring the safety, security, or reliability of interconti-

nental ballistic missiles.

SEC. 1640. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL

SUBMISSION OF INFORMATION RELATING TO PROPOSED

BUDGET FOR NUCLEAR-ARMED SEA-LAUNCHED CRUISE

MISSILE.

Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2022 for the Department

of Defense for travel by any personnel of the Office of the Secretary

of the Navy, not more than 75 percent may be obligated or expended

until the Secretary of the Navy submits to the congressional defense

committees all written communications from or to personnel of

the Department of the Navy regarding the proposed budget amount

or limitation for the nuclear-armed sea-launched cruise missile

contained in the defense budget materials (as defined by section

231(f) of title 10, United States Code) relating to the Navy for

fiscal year 2023.

SEC. 1641. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL

SUBMISSION OF INFORMATION RELATING TO NUCLEAR-

ARMED SEA-LAUNCHED CRUISE MISSILE.

Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2022 for the Department

of Defense for travel by any personnel of the Office of the Secretary

of Defense (other than travel by the Secretary of Defense or the

Deputy Secretary of Defense), not more than 75 percent may be

obligated or expended until the Secretary—

(1) submits to the congressional defense committees the

analysis of alternatives for the nuclear-armed sea-launched

cruise missile; and

(2) provides to such committees a briefing on such analysis

of alternatives.

SEC. 1642. ANNUAL CERTIFICATION ON READINESS OF MINUTEMAN

III INTERCONTINENTAL BALLISTIC MISSILES.

Not later than March 1, 2022, and annually thereafter until

the date on which the ground-based strategic deterrent weapon

achieves initial operating capability, the Chairman of the Joint

Chiefs of Staff shall certify to the congressional defense committees

whether the state of the readiness of Minuteman III interconti-

nental ballistic missiles requires placing heavy bombers equipped

with nuclear gravity bombs or air-launched nuclear cruise missiles,

and associated refueling tanker aircraft, on alert status.

Deadline.

Termination

date.

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135 STAT. 2093 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1643. REVISED NUCLEAR POSTURE REVIEW.

(a) R

EQUIREMENT FOR

OMPREHENSIVE

EVIEW

.—In order to

clarify the nuclear deterrence policy and strategy of the United

States for the near term, the Secretary of Defense, acting through

the Under Secretary of Defense for Policy and the Vice Chairman

of the Joint Chiefs of Staff, shall conduct a comprehensive review

of the nuclear posture of the United States for the five- and 10-

year periods following the date of the review. The Secretary shall

conduct the review in consultation with the Secretary of Energy,

the Secretary of State, and the Director of National Intelligence.

(b) E

LEMENTS OF

EVIEW

.—The nuclear posture review under

subsection (a) shall include the following elements:

(1) An assessment of the current and projected nuclear

capabilities of Russia and China, and such other potential

threats as the Secretary considers appropriate.

(2) The role of nuclear forces in military strategy, planning,

and programming of the United States.

(3) The policy requirements and objectives for the United

States to maintain a safe, reliable, and credible nuclear deter-

rence posture.

(4) The relationship among United States nuclear deter-

rence policy, targeting strategy, and arms control objectives.

(5) The role that missile defenses, conventional strike

forces, and other capabilities play in determining the role and

size of nuclear forces.

(6) The levels and composition of the nuclear delivery sys-

tems that will be required for implementing the national and

military strategy of the United States, including ongoing plans

for replacing existing systems.

(7) The nuclear weapons complex that will be required

for implementing such national and military strategy, including

ongoing plans to modernize the complex.

(8) The active and inactive nuclear weapons stockpile that

will be required for implementing the such national and mili-

tary strategy, including ongoing plans for replacing or modifying

warheads.

EPORT

.—Concurrent with the national defense strategy

required to be submitted under section 113(g) of title 10, United

States Code, in 2022, the Secretary shall submit to the congressional

defense committees a report on the results of the nuclear posture

review conducted under subsection (a). The report shall be sub-

mitted in unclassified and classified forms as necessary.

SEC. 1644. REVIEW OF SAFETY, SECURITY, AND RELIABILITY OF

NUCLEAR WEAPONS AND RELATED SYSTEMS.

(a) F

INDINGS

.—Congress finds the following:

(1) On December 20, 1990, Secretary of Defense Cheney

chartered a five-person independent committee known as the

Federal Advisory Committee on Nuclear Failsafe and Risk

Reduction to assess the capability of the nuclear weapon com-

mand and control system to meet the dual requirements of

assurance against unauthorized use of nuclear weapons and

assurance of timely, reliable execution when authorized, and

to identify opportunities for positive measures to enhance

failsafe features.

(2) The Federal Advisory Committee, chaired by Ambas-

sador Jeane J. Kirkpatrick, recommended changes in the

Assessment.

Consultation.

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135 STAT. 2094 PUBLIC LAW 117–81—DEC. 27, 2021

nuclear enterprise, as well as policy proposals to reduce the

risks posed by unauthorized launches and miscalculation.

(3) The Federal Advisory Committee found, unambiguously,

that ‘‘failsafe and oversight enhancements are possible’’.

(4) Since 1990, new threats to the nuclear enterprise have

arisen in the cyber, space, and information warfare domains.

(5) Ensuring the continued assurance of the nuclear com-

mand, control, and communications infrastructure is essential

to the national security of the United States.

(b) R

EVIEW

.—The Secretary of Defense shall provide for the

conduct of an independent review of the safety, security, and reli-

ability of covered nuclear systems. The Secretary shall ensure that

such review is conducted in a manner similar to the review con-

ducted by the Federal Advisory Committee on Nuclear Failsafe

and Risk Reduction.

ATTERS

NCLUDED

.—The review conducted pursuant to

subsection (b) shall include the following:

(1) Plans for modernizing the covered nuclear systems,

including options and recommendations for technical, proce-

dural, and policy measures that could strengthen safeguards,

improve the security and reliability of digital technologies, and

prevent cyber-related and other risks that could lead to the

unauthorized or inadvertent use of nuclear weapons as the

result of an accident, misinterpretation, miscalculation, ter-

rorism, unexpected technological breakthrough, or deliberate

act.

(2) Options and recommendations for nuclear risk reduction

measures, focusing on confidence building and predictability,

that the United States could carry out alone or with near-

peer adversaries to strengthen safeguards against the

unauthorized or inadvertent use of a nuclear weapon and to

reduce nuclear risks.

(d) S

UBMISSION

.—Not later than one year after the date of

the enactment of this Act, the Secretary shall submit to the congres-

sional defense committees the review conducted pursuant to sub-

section (b).

(e) P

REVIOUS

EVIEW

.—Not later than 30 days after the date

of the enactment of this Act, the Secretary shall submit to the

congressional defense committees the final report of the Federal

Advisory Committee on Nuclear Failsafe and Risk Reduction.

(f) C

OVERED

UCLEAR

YSTEMS

EFINED

.—In this section, the

term ‘‘covered nuclear systems’’ means the following systems of

the United States:

(1) The nuclear weapons systems.

(2) The nuclear command, control, and communications

system.

(3) The integrated tactical warning/attack assessment

system.

SEC. 1645. LONG-RANGE STANDOFF WEAPON.

(a) R

EQUIREMENT

.—In addition to the requirements under sec-

tion 2366c of title 10, United States Code, prior to awarding a

procurement contract for the long-range standoff weapon, the Sec-

retary of the Air Force, in coordination with the Under Secretary

of Defense for Acquisition and Sustainment, shall submit to the

congressional defense committees each of the following:

Reports.

Deadline.

Recommenda-

tions.

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135 STAT. 2095 PUBLIC LAW 117–81—DEC. 27, 2021

(1) A certification that the future-years defense program

submitted to Congress under section 221 of title 10, United

States Code, includes, or will include, estimated funding for

the program in the amounts specified in the independent esti-

mated cost submitted to the congressional defense committees

under subsection (a)(2) of such section 2366c.

(2) A copy of the justification and approval documentation

regarding the determination by the Secretary to award a sole-

source contract for the program, including with respect to how

the Secretary will manage the cost of the program in the

absence of competition.

(b) B

RIEFING

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of the Air Force shall provide

to the congressional defense committees a briefing on the execution

of the engineering and manufacturing development contract for

the long-range standoff weapon, including with respect to—

(1) how the timely development of the long-range standoff

weapon may serve as a hedge to delays in other nuclear mod-

ernization efforts;

(2) the effects of potential delays in the W80–4 warhead

program on the ability of the long-range standoff weapon to

achieve the initial operational capability schedule under section

217 of the National Defense Authorization Act for Fiscal Year

2014 (Public Law 113–66; 127 Stat. 706), as most recently

amended by section 1668 of the National Defense Authorization

Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1774);

(3) options to adjust the budget profile of the long-range

standoff weapon program to ensure the program remains on

schedule; and

(4) a plan to ensure best value to the United States once

the programs enter into procurement.

SEC. 1646. GROUND-BASED STRATEGIC DETERRENT DEVELOPMENT

PROGRAM ACCOUNTABILITY MATRICES.

(a) I

ENERAL

.—Concurrent with the submission to Congress

of the budget of the President for fiscal year 2023 and each fiscal

year thereafter pursuant to section 1105(a) of title 31, United States

Code, the Secretary of the Air Force shall submit to the congres-

sional defense committees and the Comptroller General of the

United States the matrices described in subsection (b) relating

to the ground-based strategic deterrent weapon system.

(b) M

ATRICES

ESCRIBED

.—The matrices described in this sub-

section are the following:

(1) E

NGINEERING AND MANUFACTURING DEVELOPMENT

GOALS

.—A matrix that identifies, in six-month increments, key

milestones, development events, and specific performance goals

for the engineering and manufacturing development phase of

the ground-based strategic deterrent weapon system, which

shall be subdivided, at a minimum, according to the following:

(A) Technology maturity, including technology readi-

ness levels of major components and key demonstration

events leading to technology readiness level 7 full maturity.

(B) Design maturity for the missile, weapon system

command and control, and ground systems.

metrics.

Deadline.

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135 STAT. 2096 PUBLIC LAW 117–81—DEC. 27, 2021

(D) Manufacturing maturity, including manufacturing

readiness levels for critical manufacturing operations and

key demonstration events.

(E) The schedule with respect to the following:

(i) Ground-based strategic deterrent weapon

system level critical path events and margins.

(ii) Separate individual critical path events and

margins for each of the following major events:

(I) First flight.

(II) First functional test.

(III) Weapon system qualification.

(IV) Combined certifications.

(V) Operational weapon system article.

(VI) Initial operational capability.

(VII) Wing A completion.

(F) Personnel, including planned and actual staffing

for the program office and for contractor and supporting

organizations, including for testing, nuclear certification,

and civil engineering by the Air Force.

(G) Reliability, including growth plans and key mile-

stones.

(2) C

OST

.—

(A) I

N GENERAL

.—The following matrices relating to

the cost of the ground-based strategic deterrent weapon

system:

(i) A matrix expressing, in six-month increments,

the total cost for the engineering and manufacturing

development phase and low-rate initial production lots

of the ground-based strategic deterrent weapon system.

(ii) A matrix expressing the total cost for the prime

contractor’s estimate for the engineering and manufac-

turing development phase and production lots.

(B) P

HASING AND SUBDIVISION OF MATRICES

.—The mat-

rices described in clauses (i) and (ii) of subparagraph (A)

shall be—

(i) phased over the entire engineering and manu-

facturing development period; and

(ii) subdivided according to the costs of the primary

subsystems in the ground-based strategic deterrent

weapon system work breakdown structure.

EMI

ANNUAL

PDATES OF

ATRICES

.—Not later than 180

days after the date on which the Secretary submits the matrices

described in subsection (b) for a year as required by subsection

(a), the Secretary shall submit to the congressional defense commit-

tees and the Comptroller General updates to the matrices.

(d) T

REATMENT OF THE

IRST

ATRICES AS

ASELINE

.—

(1) I

N GENERAL

.—The first set of matrices submitted under

subsection (a) shall be treated as the baseline for the full

engineering and manufacturing development phase and low-

rate initial production of the ground-based strategic deterrent

weapon system program for purposes of updates submitted

under subsection (c) and subsequent matrices submitted under

subsection (a).

(2) E

LEMENTS

.—After the submission of the first set of

matrices required by subsection (a), each update submitted

under subsection (c) and each subsequent set of matrices sub-

mitted under subsection (a) shall—

Deadline.

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135 STAT. 2097 PUBLIC LAW 117–81—DEC. 27, 2021

(A) clearly identify changes in key milestones, develop-

ment events, and specific performance goals identified in

the first set of matrices; and

(B) provide updated cost estimates.

(e) A

SSESSMENT BY

OMPTROLLER

ENERAL OF THE

NITED

TATES

.—Not later than 60 days after receiving the matrices

described in subsection (b) for a year as required by subsection

(a), the Comptroller General shall assess the acquisition progress

made with respect to the ground-based strategic deterrent weapon

system and brief the congressional defense committees on the

results of that assessment.

(f) T

ERMINATION

.—The requirements of this section shall termi-

nate on the date that is one year after the ground-based strategic

deterrent weapon system achieves initial operational capability.

SEC. 1647. INFORMATION REGARDING REVIEW OF MINUTEMAN III

SERVICE LIFE EXTENSION PROGRAM OR OPTIONS FOR

THE FUTURE OF THE INTERCONTINENTAL BALLISTIC

MISSILE FORCE.

(a) R

EQUIREMENT

.—The Secretary of Defense shall submit to

the congressional defense committees all—

(1) scoping documents relating to any covered review; and

(2) reports or other documents relating to any such review.

(b) T

IMING

.—The Secretary shall submit the documents and

reports under subsection (a) by the date that is the later of the

following:

(1) 15 days after the date on which the documents or

reports are produced.

(2) 15 days after the date of the enactment of this Act.

OVERED

EVIEW

.—In this section, the term ‘‘covered

review’’ means any review initiated in 2021 or 2022 by any entity

pursuant to an agreement or contract with the Federal Government

regarding—

(1) a service life extension program for Minuteman III

intercontinental ballistic missiles; or

(2) the future of the intercontinental ballistic missile force.

SEC. 1648. NOTIFICATION REGARDING INTERCONTINENTAL BALLISTIC

MISSILES OF CHINA.

(a) R

EQUIREMENT

.—If the Commander of the United States

Strategic Command determines that the number of intercontinental

ballistic missiles in the active inventory of China exceeds the

number of intercontinental ballistic missiles in the active inventory

of the United States, the number of nuclear warheads equipped

on such missiles of China exceeds the number of nuclear warheads

equipped on such missiles of the United States, or the number

of intercontinental ballistic missile launchers in China exceeds the

number of intercontinental ballistic missile launchers in the United

States, the Commander shall submit to the congressional defense

committees—

(1) a notification of such determination;

(2) an assessment of the composition of the intercontinental

ballistic missiles of China, including the types of nuclear war-

heads equipped on such missiles; and

(3) a strategy for deterring China.

(b) F

ORM

.—The notification under paragraph (1) of subsection

(a) shall be submitted in unclassified form, and the assessment

Assessment.

Definition.

Deadlines.

Reports.

Deadline.

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135 STAT. 2098 PUBLIC LAW 117–81—DEC. 27, 2021

and strategy under paragraphs (2) and (3) of such subsection may

be submitted in classified form.

ERMINATION

.—The requirement under subsection (a) shall

terminate on the date that is four years after the date of the

enactment of this Act.

SEC. 1649. INDEPENDENT REVIEW OF NUCLEAR COMMAND, CONTROL,

AND COMMUNICATIONS SYSTEM.

(a) R

EVIEW

.—Not later than 30 days after the date of the

enactment of this Act, the Secretary of Defense shall seek to enter

into an agreement with a federally funded research and develop-

ment center to conduct a review of the current plans, policies,

and programs of the nuclear command, control, and communications

system of the Department of Defense, and such plans, policies,

and programs that are planned for the 10- and 30-year periods

following such date of enactment.

(b) M

ATTERS

NCLUDED

.—The review under subsection (a) shall

include a review of each of the following:

(1) The plans, policies, and programs described in such

subsection.

(2) The operational, organizational, programmatic, and

acquisition challenges and risks with respect to—

(A) maintaining the existing nuclear command, control,

and communications system; and

(B) the nuclear command, control, and communications

system to be fielded during the 10-year period following

the date of the enactment of this Act.

(3) Emerging technologies and how such technologies may

be applied to the next generation of the nuclear command,

control, and communications system during the 30-year period

following the date of the enactment of this Act to ensure—

(A) the survivability of the system; and

(B) the capability of the system with respect to—

(i) decisionmaking;

(ii) situation monitoring;

(iii) planning;

(iv) force direction; and

(v) force management.

(4) The security and surety of the nuclear command, con-

trol, and communications system.

(5) Threats to the nuclear command, control, and commu-

nications system that may occur and the ability to detect and

mitigate such threats during the 10- and 30-year periods fol-

lowing the date of the enactment of this Act.

RIEFING

.—Not later than September 1, 2022, the federally

funded research and development center that conducts the review

under subsection (a) shall provide the congressional defense commit-

tees an interim briefing on the review under subsection (a).

(d) R

EPORT

.—Not later than March 1, 2023, the federally funded

research and development center that conducts the review under

subsection (a) shall submit to the Secretary and the congressional

defense committees a report containing the review under such sub-

section.

SEC. 1650. REVIEW OF ENGINEERING AND MANUFACTURING DEVELOP-

MENT CONTRACT FOR GROUND-BASED STRATEGIC

DETERRENT PROGRAM.

(a) R

EVIEW

.—

Deadline.

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135 STAT. 2099 PUBLIC LAW 117–81—DEC. 27, 2021

(1) R

EQUIREMENT

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of the Air Force,

in coordination with the Under Secretary of Defense for Acquisi-

tion and Sustainment, shall seek to enter into a contract with

a federally funded research and development center to conduct

a review of the implementation and the execution of the

engineering and manufacturing development phase for the

ground-based strategic deterrent program.

(2) M

ATTERS INCLUDED

.—The review under paragraph (1)

shall include the following:

(A) An analysis of the ability of the Air Force to imple-

ment industry best practices regarding digital engineering

during the engineering and manufacturing development

phase of the ground-based strategic deterrent program.

(B) An assessment of the opportunities offered by the

adoption by the Air Force of digital engineering processes

and of the challenges the Air Force faces in implementing

such industry best practices.

digital engineering during such engineering and manufac-

turing development phase.

(D) A review of any options that may be available

to the Air Force during the engineering and manufacturing

development phase of the ground-based strategic deterrent

program to—

(i) reduce cost and introduce long-term

sustainment efficiencies; and

(ii) stimulate competition within the operations

and maintenance phase of the program.

(E) Recommendations to improve the cost, schedule,

and program management of the engineering and manufac-

turing development phase for the ground-based strategic

deterrent program.

(3) P

ROVISION OF INFORMATION

.—The Secretary shall pro-

vide to the individuals conducting the review under paragraph

(1) all information necessary for the review.

(4) S

ECURITY CLEARANCES

.—The Secretary shall ensure

that each individual who conducts the review under paragraph

(1) holds a security clearance at the appropriate level for such

review.

(b) R

EPORT

.—Not later than 270 days after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report containing the review under

subsection (a)(1). The report shall be submitted in unclassified

form and shall include a classified annex.

RIEFING

.—Not later than 90 days after the date on which

the Secretary submits the report under subsection (b), the Secretary

shall provide to the congressional defense committees a briefing

on—

(1) plans of the Air Force for implementing any of the

recommendations contained in the review under subsection

(a)(1); and

(2) an explanation for rejecting any recommendations con-

tained in the review that the Secretary elects not to implement.

Deadline.

Recommenda-

tions.

Recommenda-

tions.

Assessment.

Analysis.

Deadline.

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135 STAT. 2100 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1651. REPORT ON RE-ALERTING LONG-RANGE BOMBERS.

Not later than 90 days after the date of the enactment of

this Act, the Secretary of the Air Force shall submit to the congres-

sional defense committees a report containing—

(1) a cost estimate with respect to re-alerting long-range

bombers and air refueling tanker aircraft in the absence of

a ground-based leg of the nuclear triad; and

(2) an assessment of the impact of such re-alerting on

force readiness.

SEC. 1652. COMPTROLLER GENERAL STUDY AND UPDATED REPORT

ON NUCLEAR WEAPONS CAPABILITIES AND FORCE

STRUCTURE REQUIREMENTS.

(a) C

OMPTROLLER

ENERAL

TUDY

EQUIRED

.—The Comptroller

General of the United States shall conduct a study on the strategic

nuclear weapons capabilities, force structure, employment policy,

and targeting requirements of the Department of Defense.

(b) M

ATTERS

OVERED

.—The study conducted under subsection

(a) shall, at minimum, consist of an update to the report of the

Comptroller General titled ‘‘Strategic Weapons: Changes in the

Nuclear Weapons Targeting Process Since 1991’’ (GAO–12–786R)

and dated July 31, 2012, including covering any changes to—

(1) how the Department of Defense has assessed threats

and modified its nuclear deterrence policy;

(2) targeting and employment guidance from the President,

the Secretary of Defense, the Chairman of the Joint Chiefs

of Staff, and the Commander of United States Strategic Com-

mand;

(3) nuclear weapons planning and targeting, including cat-

egories and types of targets;

(4) strategic nuclear forces, including the stockpile, force

posture, and modernization;

(5) the level of civilian oversight;

(6) the relationship between targeting and requirements;

and

(7) any other matters considered appropriate by the Comp-

troller General.

EPORTING

.—

(1) B

RIEFING ON PRELIMINARY FINDINGS

.—Not later than

March 31, 2022, the Comptroller General shall provide to the

congressional defense committees a briefing on the preliminary

findings of the study conducted under subsection (a).

(2) F

INAL REPORT

.—The Comptroller General shall submit

to the congressional defense committees a final report on the

findings of the study conducted under subsection (a) at a time

agreed to by the Comptroller General and the congressional

defense committees at the briefing required by paragraph (1).

(3) F

ORM

.—The briefing required by paragraph (1) may

be provided, and the report required by paragraph (2) may

be submitted, in classified form.

(d) C

OOPERATION

.—The Secretary of Defense and the Secretary

of Energy shall provide the Comptroller General with full coopera-

tion and access to appropriate officials, guidance, and documenta-

tion for the purposes of conducting the study required by subsection

(a).

Deadline.

Assessment.

Estimate.

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135 STAT. 2101 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1653. BRIEFING ON CONSULTATIONS WITH UNITED STATES

ALLIES REGARDING NUCLEAR POSTURE REVIEW.

(a) I

ENERAL

.—Not later than the date on which the Sec-

retary of Defense issues the first Nuclear Posture Review after

the date of the enactment of this Act, the Secretary of Defense,

in coordination with the Secretary of State, shall provide to the

appropriate congressional committees, the Majority and Minority

Leaders of the Senate, and the Speaker and Minority Leader of

the House of Representatives a briefing on all consultations with

allies of the United States regarding the Nuclear Posture Review.

(b) E

LEMENTS

.—The briefing required by subsection (a) shall

include the following:

(1) A listing of all countries consulted with respect to

the Nuclear Posture Review, including the dates and cir-

cumstances of each such consultation and the countries present.

(2) An overview of the topics and concepts discussed with

each such country during such consultations, including any

discussion of potential changes to the nuclear declaratory policy

of the United States.

(3) An opportunity for the committees and officials referred

to in subsection (a) to view documents relating to such consulta-

tions.

(4) A summary of any feedback provided during such con-

sultations.

ORM

.—The briefing required by subsection (a) shall be

conducted in both in an unclassified and classified format.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives.

Subtitle D—Missile Defense Programs

SEC. 1661. NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISI-

TION AND REQUIREMENTS PROCESSES AND RESPON-

SIBILITIES OF MISSILE DEFENSE AGENCY.

(a) N

OTICE AND

AIT

EQUIREMENT

.—Section 205 of title 10,

United States Code, is amended—

(1) by striking ‘‘The Director’’ and inserting ‘‘(a) A

PPOINT

MENT OF

IRECTOR

.—The Director’’; and

(2) by adding at the end the following new subsection:

‘‘(b) N

OTIFICATION OF

HANGES TO

STANDARD

CQUISITION

AND

EQUIREMENTS

ROCESSES AND

ESPONSIBILITIES

.—(1) The

Secretary of Defense may not make any changes to the missile

defense non-standard acquisition and requirements processes and

responsibilities unless, with respect to those proposed changes—

‘‘(A) the Secretary, without delegation, has taken each of

the actions specified in paragraph (2); and

‘‘(B) a period of 120 days has elapsed following the date

on which the Secretary submits the report under subparagraph

Time period.

Reports.

List.

Deadline.

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135 STAT. 2102 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(2) If the Secretary proposes to make changes to the missile

defense non-standard acquisition and requirements processes and

responsibilities, the Secretary shall—

‘‘(A) consult with the Under Secretary of Defense for

Research and Engineering, the Under Secretary of Defense

for Acquisition and Sustainment, the Under Secretary of

Defense for Policy, the Secretaries of the military departments,

the Chairman of the Joint Chiefs of Staff, the Commander

of the United States Strategic Command, the Commander of

the United States Northern Command, and the Director of

the Missile Defense Agency, regarding the changes;

‘‘(B) certify to the congressional defense committees that

the Secretary has coordinated the changes with, and received

the views of, the individuals referred to in subparagraph (A);

‘‘(C) submit to the congressional defense committees a

report that contains—

‘‘(i) a description of the changes, the rationale for the

changes, and the views of the individuals referred to in

subparagraph (A) with respect to the changes;

‘‘(ii) a certification that the changes will not impair

the missile defense capabilities of the United States nor

degrade the unique special acquisition authorities of the

Missile Defense Agency; and

‘‘(iii) with respect to any such changes to Department

of Defense Directive 5134.09, or successor directive issued

in accordance with this subsection, a final draft of the

proposed modified directive, both in an electronic format

and in a hard copy format; and

‘‘(D) with respect to any such changes to Department of

Defense Directive 5134.09, or successor directive issued in

accordance with this subsection, provide to such committees

a briefing on the proposed modified directive described in

subparagraph (C)(iii).

‘‘(3) In this subsection, the term ‘non-standard acquisition and

requirements processes and responsibilities’ means the processes

and responsibilities described in—

‘‘(A) the memorandum of the Secretary of Defense titled

‘Missile Defense Program Direction’ signed on January 2, 2002,

as in effect on the date of the enactment of this subsection

or as modified in accordance with this subsection, or any suc-

cessor memorandum issued in accordance with this subsection;

‘‘(B) Department of Defense Directive 5134.09, as in effect

on the date of the enactment of this subsection (without regard

to any modifications described in Directive-type Memorandum

20–002 of the Deputy Secretary of Defense, or any amendments

or extensions thereto made before the date of such enactment),

or as modified in accordance with this subsection, or any suc-

cessor directive issued in accordance with this subsection; and

‘‘(C) United States Strategic Command Instruction 538–

3 titled ‘MD Warfighter Involvement Process’, as in effect on

the date of the enactment of this subsection or as modified

in accordance with this subsection, or any successor instruction

issued in accordance with this subsection.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) FY20

NDAA

.—Section 1688 of the National Defense

Authorization Act for Fiscal Year 2020 (Public Law 116–92;

133 Stat. 1787) is amended—

Reports.

Certification.

Consultation.

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135 STAT. 2103 PUBLIC LAW 117–81—DEC. 27, 2021

(A) by striking subsection (b); and

(B) by redesignating subsection (c) as subsection (b).

(2) FY21

NDAA

.—Section 1641 of the William M. (Mac)

Thornberry National Defense Authorization Act for Fiscal Year

2021 (Public Law 116–283; 134 Stat. 4061) is amended—

(A) by striking subsection (c); and

(B) by redesignating subsection (d) as subsection (c).

SEC. 1662. LIMITATION ON MISSILE DEFENSE AGENCY PRODUCTION

OF SATELLITES AND GROUND SYSTEMS ASSOCIATED

WITH OPERATION OF SUCH SATELLITES.

(a) L

IMITATION

.—

(1) P

RODUCTION OF SATELLITES AND GROUND SYSTEMS

.—

The Director of the Missile Defense Agency may not authorize

or obligate funding for a program of record for the production

of satellites or ground systems associated with the operation

of such satellites.

(2) P

ROTOTYPE SATELLITES

.—

(A) A

UTHORITY

.—The Director, with the concurrence

of the Space Acquisition Council established by section

9021 of title 10, United States Code, may authorize the

production of one or more prototype satellites, consistent

with the requirements of the Missile Defense Agency.

(B) R

EPORT

.—Not later than 30 days after the date

on which the Space Acquisition Council concurs with the

Director with respect to authorizing the production of a

prototype satellite under subparagraph (A), the chair of

the Council shall submit to the congressional defense

committees a report explaining the reasons for such concur-

rence.

BLIGATION OF FUNDS

.—The Director may not obli-

gate funds for the production of a prototype satellite under

subparagraph (A) before the date on which the Space

Acquisition Council submits the report for such prototype

satellite under subparagraph (B).

(b) H

YPERSONIC AND

ALLISTIC

ISSILE

RACKING

PACE

ENSOR

.—Section 1645 of the William M. (Mac) Thornberry

National Defense Authorization Act for Fiscal Year 2021 (Public

Law 116–283) is amended—

(1) by redesignating subsections (f) and (g) as subsections

(g) and (h), respectively; and

(2) by inserting after subsection (e) the following new sub-

section (f):

‘‘(f) W

AIVER OF

ERTAIN

IMITATION

.—The Assistant Secretary

of the Air Force for Space Acquisition and Integration, acting as

the chair of the Space Acquisition Council, may waive the limitation

in section 1662 of the National Defense Authorization Act for Fiscal

Year 2022, with respect to the hypersonic and ballistic missile

tracking space sensor program if the Assistant Secretary—

‘‘(1) determines that such limitation would delay the

delivery of an operational hypersonic and ballistic missile

tracking space sensor because of technical, cost, or schedule

factors; and

‘‘(2) submits to the congressional defense committees—

‘‘(A) the technical, schedule, or cost rationale for the

waiver;

Determination.

10 USC 4022

note.

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135 STAT. 2104 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(B) an acquisition strategy for the hypersonic and

ballistic missile tracking space sensor program that is

signed by both the Director and the Assistant Secretary;

and

‘‘(C) a lead service agreement entered into by the

Director and the Chief of Space Operations regarding the

operation and sustainment of the hypersonic and ballistic

missile tracking space sensor and the integration of the

sensor into the architecture of the Space Force.’’.

SEC. 1663. EXTENSION OF PERIOD FOR TRANSITION OF BALLISTIC

MISSILE DEFENSE PROGRAMS TO MILITARY DEPART-

MENTS.

Section 1676(b)(1) of the National Defense Authorization Act

for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note)

is amended by striking ‘‘the date on which the budget of the Presi-

dent for fiscal year 2023 is submitted under section 1105 of title

31, United States Code,’’ and inserting, ‘‘October 1, 2023,’’.

SEC. 1664. DIRECTED ENERGY PROGRAMS FOR BALLISTIC AND

HYPERSONIC MISSILE DEFENSE.

(a) A

UTHORITY OF THE

ISSILE

EFENSE

GENCY

.—The Sec-

retary of Defense shall delegate to the Director of the Missile

Defense Agency the authority to budget for, direct, and manage

directed energy programs applicable for ballistic and hypersonic

missile defense missions, in coordination with other directed energy

efforts of the Department of Defense.

(b) P

RIORITIZATION

.—In budgeting for and directing directed

energy programs applicable for ballistic and hypersonic defensive

missions pursuant to subsection (a), the Director of the Missile

Defense Agency shall—

(1) prioritize the early research and development of tech-

nologies; and

(2) address the transition of such technologies to industry

to support future operationally relevant capabilities.

SEC. 1665. GUAM INTEGRATED AIR AND MISSILE DEFENSE SYSTEM.

(a) A

RCHITECTURE AND

CQUISITION

.—The Secretary of Defense,

acting through the Director of the Missile Defense Agency, and

in coordination with the Commander of the United States Indo-

Pacific Command, shall identify the architecture and acquisition

approach for implementing a 360-degree integrated air and missile

defense capability to defend the people, infrastructure, and territory

of Guam from the scope and scale of advanced cruise, ballistic,

and hypersonic missile threats that are expected to be fielded

during the 10-year period beginning on the date of the enactment

of this Act.

(b) R

EQUIREMENTS

.—The architecture identified under sub-

section (a) shall have the ability to—

(1) integrate, while maintaining high kill chain perform-

ance against advanced threats, all applicable—

(A) multi-domain sensors that contribute substantively

to track quality and track custody;

(B) interceptors; and

(2) address robust discrimination and electromagnetic

compatibility with other sensors;

Time period.

10 USC 205 note.

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135 STAT. 2105 PUBLIC LAW 117–81—DEC. 27, 2021

(3) engage directly, or coordinate engagements with other

integrated air and missile defense systems, to defeat the spec-

trum of cruise, ballistic, and hypersonic threats expected to

be fielded during the 10-year period beginning on the date

of the enactment of this Act;

(4) leverage existing programs of record to expedite the

development and deployment of the architecture during the

five-year period beginning on the date of the enactment of

this Act, with an objective of achieving initial operating capa-

bility in 2025, including with respect to—

(A) the Aegis ballistic missile defense system;

(B) standard missile–3 and –6 variants;

(D) the Patriot air and missile defense system;

(E) the integrated battle control system; and

(F) the lower tier air and missile defense sensor and

other lower tier capabilities, as applicable;

(5) integrate future systems and interceptors, including

directed energy-based kill systems, that will also have the

capability to detect, track, and defeat hypersonic missiles in

the glide and terminal phases, including integration of passive

measures to protect assets in Guam; and

(6) incentivize competition within the acquisition of the

architecture and rapid procurement and deployment wherever

possible.

EPORT

.—Not later than 60 days after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report on the architecture and acquisi-

tion approach identified under subsection (a), including—

(1) an assessment of the development and implementation

risks associated with each of the elements identified under

subsection (b); and

(2) a plan for expending funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2022 for such architecture.

(d) L

IMITATION

.—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 Office of Cost Assessment and

Program Evaluation, not more than 80 percent may be obligated

or expended until the date on which the Secretary of Defense

submits to the congressional defense committees the report under

subsection (c).

SEC. 1666. MISSILE DEFENSE RADAR IN HAWAII.

As a part of the defense budget materials (as defined in section

239 of title 10, United States Code) for fiscal year 2023, the Director

of the Missile Defense Agency shall certify to the congressional

defense committees that—

(1) the future-years defense program submitted to Congress

under section 221 of title 10, United States Code, in 2022

includes adequate amounts of estimated funding to develop,

construct, test, and integrate into the missile defense system

the discrimination radar for homeland defense planned to be

located in Hawaii; and

(2) such radar and associated in-flight interceptor commu-

nications system data terminal will be operational by not later

than December 31, 2028.

Deadline.

Certification.

Assessment.

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135 STAT. 2106 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1667. CERTIFICATION REQUIRED FOR RUSSIA AND CHINA TO

TOUR CERTAIN MISSILE DEFENSE SITES.

(a) C

ERTIFICATION

.—Before the Secretary of Defense makes

a determination with respect to allowing a foreign national of Russia

or China to tour a covered site, the Secretary shall submit to

the congressional defense committees a certification that—

(1) the Secretary has determined that such tour is in the

national security interest of the United States, including the

justifications for such determination; and

(2) the Secretary will not share any technical data relating

to the covered site with the foreign nationals.

(b) T

IMING

.—The Secretary may not conduct a tour described

in subsection (a) until a period of 45 days has elapsed following

the date on which the Secretary submits the certification for that

tour under such subsection.

ONSTRUCTION

ITH

THER

EQUIREMENTS

.—Nothing in

this section shall be construed to supersede or otherwise affect

section 130h of title 10, United States Code.

(d) C

OVERED

ITE

.—In this section, the term ‘‘covered site’’

means any of the following:

(1) The combat information center of a naval ship equipped

with the Aegis ballistic missile defense system.

(2) An Aegis Ashore site.

(3) A terminal high altitude area defense battery.

(4) A ground-based midcourse defense interceptor silo.

SEC. 1668. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE

OF THE UNITED STATES HOMELAND.

(a) F

UNDING

LAN

.—The Director of the Missile Defense Agency

shall develop a funding plan that includes funding lines across

the future-years defense program under section 221 of title 10,

United States Code, for the next generation interceptor that—

(1) while applying lessons learned from the redesigned

kill vehicle program, incorporating recommendations from the

Comptroller General of the United States, and implementing

‘‘fly-before-you-buy’’ principles, produces and begins deployment

of the next generation interceptor as early as practicable;

(2) includes acquiring at least 20 operational next genera-

tion interceptors; and

(3) includes transition plans to replace the current inven-

tory of silo-based boosters with follow-on systems prior to the

end of the useful lifecycle of the boosters.

(b) R

EPORT ON

UNDING

ROFILE

.—The Director shall include

with the budget justification materials submitted to Congress in

support of the budget of the Department of Defense for fiscal

year 2023 (as submitted with the budget of the President under

section 1105(a) of title 31, United States Code) a report on the

funding profile necessary for the next generation interceptor pro-

gram through the date on which the program achieves full oper-

ational capability.

ONGRESSIONAL

OTIFICATION OF

ANCELLATION

EQUIRE

MENT

.—Not later than 30 days prior to any final decision to cancel

the next generation interceptor program, the Director shall provide

to the congressional defense committees a briefing on such decision,

including—

(1) a justification for the decision; and

Deadline.

Recommenda-

tions.

Deadline.

Determination.

10 USC 130h

note.

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135 STAT. 2107 PUBLIC LAW 117–81—DEC. 27, 2021

(2) an analysis of the national security risk that the

Director accepts by reason of cancelling such program.

(d) I

NCLUSION IN

EQUIRED

LIGHT

ESTS

.—Section 1689(a)

of the National Defense Authorization Act for Fiscal Year 2017

(Public Law 114–328; 10 U.S.C. 2431 note) is amended by adding

after the period at the end the following new sentence: ‘‘Beginning

not later than five years after the date on which the next generation

interceptor achieves initial operational capability, the Director shall

ensure that such flight tests include the next generation inter-

ceptor.’’.

(e) R

EPORT

.—Not later than the date of on which the Director

approves the next generation interceptor program to enter the

initial production phase of the acquisition process, the Director

shall submit to the congressional defense committees a report out-

lining estimated annual costs for conducting annual, operationally

relevant flight testing to evaluate the reliability of the system

developed under such program, including associated production

costs for procuring sufficient flight systems to support such testing

for the projected life of the system.

(f) P

ROGRAM

CCOUNTABILITY

ATRICES

.—

(1) R

EQUIREMENT

.—Concurrent with the submission to

Congress of the budget of the President for fiscal year 2023

and each fiscal year thereafter pursuant to section 1105(a)

of title 31, United States Code, the Director shall submit to

the congressional defense committees and the Comptroller Gen-

eral of the United States the matrices described in paragraph

(2) relating to the next generation interceptor program.

(2) M

ATRICES DESCRIBED

.—The matrices described in this

subsection are the following:

(A) T

ECHNOLOGY AND PRODUCT DEVELOPMENT GOALS

.—

A matrix that identifies, in six-month increments, key mile-

stones, development events, and specific performance goals

for the technology development phase of the next genera-

tion interceptor program, which shall be subdivided, at

a minimum, according to the following:

(i) Technology maturity, including technology

readiness levels of major interceptor components and

key demonstration events leading to full maturity.

(ii) Design maturity, including key events and

metrics, at the interceptor all up round level and major

interceptor component level.

(iii) Parts testing, including key events and metrics

for vetting parts and components through a parts,

materials, and processes mission assurance plan.

(iv) Software maturity, including key events and

metrics, at the all up round level and major interceptor

component level for the interceptor.

(v) Manufacturing maturity, including manufac-

turing readiness levels for critical manufacturing oper-

ations and key demonstration events.

(vi) Schedule, with respect to key program mile-

stones, critical path events, and margins.

(vii) Reliability, including growth plans and key

milestones.

(viii) Developmental testing and cybersecurity.

(ix) Any other technology and product development

goals the Director determines to be appropriate.

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135 STAT. 2108 PUBLIC LAW 117–81—DEC. 27, 2021

(B) C

OST

.—

(i) I

N GENERAL

.—The following matrices relating

to the cost of the next generation interceptor program:

(I) A matrix expressing, in six-month incre-

ments, the total cost for the technology develop-

ment phase.

(II) A matrix expressing the total cost for each

of the contractors’ estimates for the technology

development phase.

(ii) P

HASING AND SUBDIVISION OF MATRICES

.—The

matrices described in clauses (i) and (ii) of subpara-

graph (B) shall be—

(I) phased over the entire technology develop-

ment phase; and

(II) subdivided according to the costs major

interceptor component of each next generation

interceptor configuration.

TAKEHOLDER AND INDEPENDENT REVIEWS

.—A

matrix that identifies, in six-month increments, plans and

status for coordinating products and obtaining independent

reviews for the next generation interceptor program for

the technology development phase, which shall be sub-

divided according to the following:

(i) Performance requirements, including coordi-

nating, updating, and obtaining approval of the top-

level requirements document.

(ii) Intelligence inputs, processes, and products,

including—

(I) coordinating, updating, and validating the

homeland ballistic missile defense validated online

lifecycle threat with the Director of the Defense

Intelligence Agency; and

(II) coordinating and obtaining approval of a

lifecycle mission data plan.

(iii) Independent assessments, including obtaining

an initial and updated—

(I) technical risk assessment; and

(II) cost estimate.

(iv) Models and simulations, including—

(I) obtaining accreditation of interceptor

models and simulations at both the all up round

level and subsystem level from the Ballistic Missile

Defense Operational Test Agency;

(II) obtaining certification of threat models

used for interceptor ground test from the Ballistic

Missile Defense Operational Test Agency; and

(III) obtaining accreditation from the Director

of the Defense Intelligence Agency on all threat

models, simulations, and associated data used to

support interceptor development.

(v) Sustainability and obsolescence, including

coordinating and obtaining approval of a lifecycle

sustainment plan.

(vi) Cybersecurity, including coordinating and

obtaining approval of a cybersecurity strategy.

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135 STAT. 2109 PUBLIC LAW 117–81—DEC. 27, 2021

(3) F

ORM

.—The matrices submitted under paragraph (2)

shall be in unclassified form, but may contain a classified

annex.

(4) S

EMIANNUAL UPDATES OF MATRICES

.—Not later than

180 days after the date on which the Director submits the

matrices described in paragraph (2) for a year as required

by paragraph (1), the Director shall submit to the congressional

defense committees and the Comptroller General updates to

the matrices.

(5) T

REATMENT OF THE FIRST MATRICES AS BASELINE

.—

(A) I

N GENERAL

.—The first set of matrices submitted

under paragraph (1) shall be treated as the baseline for

the technology development phase of the next generation

interceptor program for purposes of updates submitted

under subsection (i) and subsequent matrices submitted

under paragraph (1).

(B) E

LEMENTS

.—After the submission of the first set

of matrices required by paragraph (1), each update sub-

mitted under paragraph (4) and each subsequent set of

matrices submitted under paragraph (1) shall—

(i) clearly identify changes in key milestones,

development events, and specific performance goals

identified in the first set of matrices under subpara-

graph (A) of paragraph (2);

(ii) provide updated cost estimates under subpara-

graph (B) of such paragraph; and

(iii) provide updated plans and status under

subparagraph (C) of such paragraph.

(6) A

SSESSMENT BY COMPTROLLER GENERAL OF THE UNITED

STATES

.—Not later than 60 days after receiving the matrices

described in paragraph (2) for a year as required by paragraph

(1), the Comptroller General shall—

(A) assess the acquisition progress made with respect

to the next generation interceptor program; and

(B) provide to the congressional defense committees

a briefing on the results of that assessment.

(7) T

ERMINATION

.—The requirements of this subsection

shall terminate on the date that is one year after the date

on which the next generation interceptor program is approved

to enter the product development phase.

SEC. 1669. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND

ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-

DEVELOPMENT AND CO-PRODUCTION.

(a) I

RON

OME

HORT

RANGE

OCKET

EFENSE

YSTEM

.—

(1) A

VAILABILITY OF FUNDS

.—Of the funds authorized to

be appropriated by this Act for fiscal year 2022 for procurement,

Defense-wide, and available for the Missile Defense Agency,

not more than $108,000,000 may be provided to the Government

of Israel to procure components for the Iron Dome short-range

rocket defense system through co-production of such compo-

nents in the United States by industry of the United States.

(2) C

ONDITIONS

.—

(A) A

GREEMENT

.—Funds described in paragraph (1)

for the Iron Dome short-range rocket defense program shall

be available subject to the terms and conditions in the

Agreement Between the Department of Defense of the

Deadline.

Time period.

Deadline.

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135 STAT. 2110 PUBLIC LAW 117–81—DEC. 27, 2021

United States of America and the Ministry of Defense

of the State of Israel Concerning Iron Dome Defense System

Procurement, signed on March 5, 2014, as amended to

include co-production for Tamir interceptors.

(B) C

ERTIFICATION

.—Not later than 30 days prior to

the initial obligation of funds described in paragraph (1),

the Under Secretary of Defense for Acquisition and

Sustainment shall submit to the appropriate congressional

committees—

(i) a certification that the amended bilateral inter-

national agreement specified in subparagraph (A) is

being implemented as provided in such agreement;

(ii) an assessment detailing any risks relating to

the implementation of such agreement; and

(iii) for system improvements resulting in modified

Iron Dome components and Tamir interceptor sub-

components, a certification that the Government of

Israel has demonstrated successful completion of

Production Readiness Reviews, including the validation

of production lines, the verification of component

conformance, and the verification of performance to

specification as defined in the Iron Dome Defense

System Procurement Agreement, as further amended.

(b) I

SRAELI

OOPERATIVE

ISSILE

EFENSE

ROGRAM

, D

AVID

’

LING

EAPON

YSTEM

PRODUCTION

.—

(1) I

N GENERAL

.—Subject to paragraph (3), of the funds

authorized to be appropriated for fiscal year 2022 for procure-

ment, Defense-wide, and available for the Missile Defense

Agency, not more than $30,000,000 may be provided to the

Government of Israel to procure the David’s Sling Weapon

System, including for co-production of parts and components

in the United States by United States industry.

(2) A

GREEMENT

.—Provision of funds specified in paragraph

(1) shall be subject to the terms and conditions in the bilateral

co-production agreement, including—

(A) a one-for-one cash match is made by Israel or

in another matching amount that otherwise meets best

efforts (as mutually agreed to by the United States and

Israel); and

(B) co-production of parts, components, and all-up

rounds (if appropriate) in the United States by United

States industry for the David’s Sling Weapon System is

not less than 50 percent.

(3) C

ERTIFICATION AND ASSESSMENT

.—The Under Secretary

of Defense for Acquisition and Sustainment shall submit to

the appropriate congressional committees—

(A) a certification that the Government of Israel has

demonstrated the successful completion of the knowledge

points, technical milestones, and production readiness

reviews required by the research, development, and tech-

nology agreement and the bilateral co-production agree-

ment for the David’s Sling Weapon System; and

(B) an assessment detailing any risks relating to the

implementation of such agreement.

SRAELI

OOPERATIVE

ISSILE

EFENSE

ROGRAM

, A

RROW

3 U

PPER

IER

NTERCEPTOR

ROGRAM

PRODUCTION

.—

Assessment.

Deadline.

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135 STAT. 2111 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N GENERAL

.—Subject to paragraph (2), of the funds

authorized to be appropriated for fiscal year 2022 for procure-

ment, Defense-wide, and available for the Missile Defense

Agency not more than $62,000,000 may be provided to the

Government of Israel for the Arrow 3 Upper Tier Interceptor

Program, including for co-production of parts and components

in the United States by United States industry.

(2) C

ERTIFICATION

.—The Under Secretary of Defense for

Acquisition and Sustainment shall submit to the appropriate

congressional committees a certification that—

(A) the Government of Israel has demonstrated the

successful completion of the knowledge points, technical

milestones, and production readiness reviews required by

the research, development, and technology agreement for

the Arrow 3 Upper Tier Interceptor Program;

(B) funds specified in paragraph (1) will be provided

on the basis of a one-for-one cash match made by Israel

or in another matching amount that otherwise meets best

efforts (as mutually agreed to by the United States and

Israel);

national agreement with Israel that establishes, with

respect to the use of such funds—

(i) in accordance with subparagraph (D), the terms

of co-production of parts and components on the basis

of the greatest practicable co-production of parts,

components, and all-up rounds (if appropriate) by

United States industry and minimizes nonrecurring

engineering and facilitization expenses to the costs

needed for co-production;

(ii) complete transparency on the requirement of

Israel for the number of interceptors and batteries

that will be procured, including with respect to the

procurement plans, acquisition strategy, and funding

profiles of Israel;

(iii) technical milestones for co-production of parts

and components and procurement;

(iv) a joint affordability working group to consider

cost reduction initiatives; and

(v) joint approval processes for third-party sales;

and

(D) the level of co-production described in subpara-

graph (C)(i) for the Arrow 3 Upper Tier Interceptor Pro-

gram is not less than 50 percent.

(d) N

UMBER

.—In carrying out paragraph (2) of subsection (b)

and paragraph (2) of subsection (c), the Under Secretary may

submit—

(1) one certification covering both the David’s Sling Weapon

System and the Arrow 3 Upper Tier Interceptor Program; or

(2) separate certifications for each respective system.

(e) T

IMING

.—The Under Secretary shall submit to the congres-

sional defense committees the certification and assessment under

subsection (b)(3) and the certification under subsection (c)(2) no

later than 30 days before the funds specified in paragraph (1)

of subsections (b) and (c) for the respective system covered by

the certification are provided to the Government of Israel.

(f) W

ORKSHARE FOR

RON

OME

EPLENISHMENT

FFORTS

.—

Deadline.

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135 STAT. 2112 PUBLIC LAW 117–81—DEC. 27, 2021

(1) M

AINTENANCE OF AGREEMENT

.—With respect to

replenishment efforts for the Iron Dome short-range rocket

defense system carried out during fiscal year 2022, the Sec-

retary of Defense may seek to maintain a workshare agreement

for the United States production of systems that are covered,

as of the date of the enactment of this Act, under the memo-

randum of understanding regarding United States and Israeli

cooperation on missile defense.

(2) B

RIEFING

.—The Secretary of Defense shall provide to

the appropriate congressional committees a briefing detailing

the terms of any workshare agreements described by paragraph

(1).

(g) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the following:

(1) The congressional defense committees.

(2) The Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of Rep-

resentatives.

SEC. 1670. UPDATE OF STUDY ON DISCRIMINATION CAPABILITIES OF

THE BALLISTIC MISSILE DEFENSE SYSTEM.

(a) U

PDATE

.—The Secretary of Defense shall enter into an

arrangement with the private scientific advisory group known as

JASON under which JASON shall carry out an update to the

study conducted pursuant to section 237 of the National Defense

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123

Stat. 2236) on the discrimination capabilities and limitations of

the missile defense system of the United States, including such

discrimination capabilities that exist or are planned as of the date

of the update.

(b) R

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report containing the study.

ORM

.—The report under subsection (b) may be submitted

in classified form, but shall contain an unclassified summary.

SEC. 1671. SEMIANNUAL UPDATES ON MEETINGS HELD BY THE MIS-

SILE DEFENSE EXECUTIVE BOARD.

(a) S

EMIANNUAL

PDATES

.—Not later than March 1 and Sep-

tember 1 of each year, the Under Secretary of Defense for Research

and Engineering and the Under Secretary of Defense for Acquisition

and Sustainment, acting in their capacities as co-chairs of the

Missile Defense Executive Board pursuant to section 1681(c) of

the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Public Law 115–232; 132 Stat. 2162), shall provide

to the congressional defense committees a semiannual update

including, with respect to the six-month period preceding the

update—

(1) the dates on which the Board met; and

(2) except as provided by subsection (b), a summary of

any decisions made by the Board at each meeting of the Board

and the rationale for and options that informed such decisions.

(b) E

XCEPTION FOR

ERTAIN

UDGETARY

ATTERS

.—The co-

chairs shall not be required to include in a semiannual update

under subsection (a) the matters described in paragraph (2) of

such subsection with respect to decisions of the Board relating

to the budget of the President for a fiscal year if the budget

Deadlines.

10 USC 133a

note.

Time period.

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135 STAT. 2113 PUBLIC LAW 117–81—DEC. 27, 2021

for that fiscal year has not been submitted to Congress under

section 1105 of title 31, United States Code, as of the date of

the semiannual update.

ORM OF

PDATE

.—The co-chairs may provide a semiannual

update under subsection (a) either in the form of a briefing or

a written report.

(d) T

ECHNICAL

MENDMENTS

.—

(1) FY18

NDAA

.—Section 1676(c)(3)(B) of the National

Defense Authorization Act for Fiscal Year 2018 (Public Law

115–91; 10 U.S.C. 205 note) is amended by striking ‘‘chairman’’

and inserting ‘‘chair’’.

(2) FY19

NDAA

.—Section 1681(c) of the John S. McCain

National Defense Authorization Act for Fiscal Year 2019 (Public

Law 115–232; 132 Stat. 2162) is amended—

(A) in the matter preceding paragraph (1), by striking

‘‘chairman’’ and inserting ‘‘chair’’; and

(B) in paragraph (2), by striking ‘‘co-chairman’’ and

inserting ‘‘co-chair’’.

SEC. 1672. MATTERS REGARDING INTEGRATED DETERRENCE REVIEW.

(a) R

EPORTS

.—Not later than 30 days after the date on which

the Integrated Deterrence Review that commenced during 2021

is submitted to the congressional defense committees, the Secretary

of Defense shall submit to the congressional defense committees

the following:

(1) Each final report, assessment, and guidance document

produced by the Department of Defense pursuant to the

Integrated Deterrence Review or during subsequent actions

taken to implement the conclusions of the Integrated Deter-

rence Review, including with respect to each covered review.

(2) A report explaining how each such covered review differs

from the previous such review.

(b) C

ERTIFICATIONS

.—Not later than 30 days after the date

on which a covered review is submitted to the congressional defense

committees, the Chairman of the Joint Chiefs of Staff, the Vice

Chairman of the Joint Chiefs of Staff, and the Commander of

the United States Strategic Command shall each directly submit

to such committees—

(1) a certification regarding whether the Chairman, Vice

Chairman, or Commander, as the case may be, had the oppor-

tunity to provide input into the covered review; and

(2) a description of the degree to which the covered reviews

differ from the military advice contained in such input (or,

if there was no opportunity to provide such input, would have

been contained in the input if so provided).

OVERED

EVIEW

EFINED

.—In this section, the term ‘‘cov-

ered review’’ means—

(1) the Missile Defense Review that commenced during

2021; and

(2) the Nuclear Posture Review that commenced during

2021.

SEC. 1673. SEMIANNUAL NOTIFICATIONS REGARDING MISSILE

DEFENSE TESTS AND COSTS.

(a) S

EMIANNUAL

OTIFICATIONS

EQUIRED

.—For each period

described in subsection (b), the Director of the Missile Defense

Agency shall submit to the congressional defense committees a

notification of all—

Deadline.

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135 STAT. 2114 PUBLIC LAW 117–81—DEC. 27, 2021

(1) flight tests (intercept and non-intercept) planned to

occur during the period covered by the notification based on

the Integrated Master Test Plan the Director used to support

the President’s budget submission under section 1105 of title

31, United States Code, for the fiscal year of the period covered;

and

(2) ground tests planned to occur during such period based

on such plan.

(b) P

ERIODS

ESCRIBED

.—The periods described in this sub-

section are—

(1) the first 180-calendar-day period beginning on the date

that is 90 days after the date of the enactment of this Act;

and

(2) each subsequent, sequential 180-calendar-day period

beginning thereafter until the date that is five years and 90

calendar days after the date of the enactment of this Act.

IMING OF

OTIFICATION

.—Each notification submitted

under subsection (a) for a period described in subsection (b) shall

be submitted—

(1) not earlier than 30 calendar days before the last day

of the period; and

(2) not later than the last day of the period.

(d) C

ONTENTS

.—Each notification submitted under subsection

(a) shall include the following:

(1) For the period covered by the notification:

(A) With respect to each flight test described in sub-

section (a)(1), the following:

(i) The entity responsible for leading the flight

test (such as the Missile Defense Agency, the Army,

or the Navy) and the classification level of the flight

test.

(ii) The planned cost (the most recent flight test

cost estimate, including interceptors and targets), the

actual costs and expenditures to-date, and an estimate

of any remaining costs and expenditures.

(iii) All funding (including any appropriated, trans-

ferred, or reprogrammed funding) the Agency has

received to-date for the flight test.

(iv) All changes made to the scope and objectives

of the flight test and an explanation for such changes.

(v) The status of the flight test, such as conducted-

objectives achieved, conducted-objectives not achieved

(failure or no-test), delayed, or canceled.

(vi) In the event of a flight test status of conducted-

objectives not achieved (failure or no-test), delayed,

or canceled—

(I) the reasons the flight test did not succeed

or occur;

(II) in the event of a flight test status of failure

or no-test, the plan and cost estimate to retest,

if necessary, and any contractor liability, if appro-

priate;

(III) in the event of a flight test delay, the

fiscal year and quarter the objectives were first

planned to be met, the names of the flight tests

the objectives have been moved to, the aggregate

Termination

date.

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135 STAT. 2115 PUBLIC LAW 117–81—DEC. 27, 2021

duration of the delay to-date, and, if applicable,

any risks to the warfighter from the delay; and

(IV) in the event of a flight test cancellation,

the fiscal year and quarter the objectives were

first planned to be met, whether the objectives

from the canceled test were met by other means,

moved to a different flight test, or removed, a

revised spend plan for the remaining funding the

agency received for the flight test to-date, and,

if applicable, any risks to the warfighter from the

cancellation; and

(vii) the status of any decisions reached by failure

review boards open or completed during the period

covered by the notification.

(B) With respect to each ground test described in sub-

section (a)(2), the following:

(i) The planned cost (the most recent ground test

cost estimate), the actual costs and expenditures to-

date, and an estimate of any remaining costs and

expenditures.

(ii) The designation of the ground test, whether

developmental, operational, or both.

(iii) All changes made to the scope and objectives

of the ground test and an explanation for such changes.

(iv) The status of the ground test, such as con-

ducted-objectives achieved, conducted-objectives not

achieved (failure or no-test), delayed, or canceled.

(v) In the case of a ground test status of conducted-

objectives not achieved (failure or no-test), delayed,

or canceled—

(I) the reasons the ground test did not succeed

or occur; and

(II) if applicable, any risks to the warfighter

from the ground test not succeeding or occurring;

(vi) The participating system and element models

used for conducting ground tests and the accreditation

status of the participating system and element models.

(vii) Identification of any cybersecurity tests con-

ducted or planned to be conducted as part of the ground

test.

(viii) For each cybersecurity test identified under

subparagraph (G), the status of the cybersecurity test,

such as conducted-objectives achieved, conducted-objec-

tives not achieved (failure or no-test), delayed, or can-

celed.

(ix) In the case of a cybersecurity test identified

under subparagraph (G) with a status of conducted-

objectives, not achieved, delayed, or canceled—

(I) the reasons for such status; and

(II) any risks, if applicable, to the warfighter

from the cybersecurity test not succeeding or occur-

ring.

(2) To the degree applicable and known, the matters cov-

ered by paragraph (1) but for the period subsequent to the

covered period.

(e) E

VENTS

PANNING

ULTIPLE

OTIFICATION

ERIODS

.—

Events that span from one period described in subsection (b) into

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135 STAT. 2116 PUBLIC LAW 117–81—DEC. 27, 2021

another period described in such subsection, such as a the case

of a failure review board convening in one period and reaching

a decision in the following period, shall be covered by notifications

under subsection (a) for both periods.

(f) F

ORM

.—Each notification submitted under subsection (a)

shall be submitted in unclassified form, but may include a classified

annex.

SEC. 1674. REPORT ON SENIOR LEADERSHIP OF MISSILE DEFENSE

AGENCY.

Not later than 60 days after the date of the enactment of

this Act, the Director of the Missile Defense Agency shall submit

to the congressional defense committees a report detailing the fol-

lowing:

(1) The responsibilities of the positions of the Director,

Sea-based Weapons Systems, and the Deputy Director of the

Missile Defense Agency.

(2) The role of the officials who occupy these positions

with respect to the functional combatant commands with mis-

sile defense requirements.

(3) The rationale and benefit of having an official in these

positions who is a general officer or flag officer versus a civilian.

SEC. 1675. INDEPENDENT STUDY OF ROLES AND RESPONSIBILITIES

OF DEPARTMENT OF DEFENSE COMPONENTS RELATING

TO MISSILE DEFENSE.

(a) I

NDEPENDENT

TUDY AND

EPORT

.—

(1) C

ONTRACT

.—Not later than 30 days after the date of

the enactment of this Act, the Secretary of Defense shall seek

to enter into a contract with the National Academy of Public

Administration (in this section referred to as the ‘‘Academy’’)

for the Academy to perform the services covered by this sub-

section.

(2) S

TUDY AND REPORT

.—

(A) R

OLES AND RESPONSIBILITIES

.—Under an agree-

ment between the Secretary and the Academy under this

subsection, the Academy shall carry out an study regarding

the roles and responsibilities of the various components

of the Department of Defense as they pertain to missile

defense.

(B) M

ATTERS INCLUDED

.—The study required by

subparagraph (A) shall include the following:

(i) A comprehensive assessment and analysis of

existing Department component roles and responsibil-

ities for the full range of missile defense activities,

including establishment of requirements, research and

development, system acquisition, and operations.

(ii) Identification of gaps in component capability

of each applicability component for performing its

assigned missile defense roles and responsibilities.

(iii) Identification of opportunities for deconflicting

mission sets, eliminating areas of unnecessary duplica-

tion, reducing waste, and improving efficiency across

the full range of missile defense activities.

(iv) Development of a timetable for the

implementation of the opportunities identified under

clause (iii).

Assessment.

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135 STAT. 2117 PUBLIC LAW 117–81—DEC. 27, 2021

(v) Development of recommendations for such

legislative or administrative action as the Academy

considers appropriate pursuant to carrying out clauses

(i) through (iv).

(vi) Such other matters as the Secretary may

require.

EPORT

.—

(i) R

EQUIREMENT

.—Not later than one year after

the date on which the Secretary and the Academy

enter into a contract under paragraph (1), the Academy

shall submit to the Secretary and the congressional

defense committees a report on the study conducted

under subparagraph (A).

(ii) E

LEMENTS

.—The report submitted under clause

(i) shall include the findings of the Academy with

respect to the study carried out under subparagraph

(A) and any recommendations the Academy may have

for legislative or administrative action pursuant to

such study.

(3) A

LTERNATE CONTRACT ORGANIZATION

.—

(A) A

GREEMENT

.—If the Secretary is unable within

the time period prescribed in paragraph (1) to enter into

an agreement described in such paragraph with the

Academy on terms acceptable to the Secretary, the Sec-

retary shall seek to enter into such an agreement with

another appropriate organization that—

(i) is not part of the Government;

(ii) operates as a not-for-profit entity; and

(iii) has expertise and objectivity comparable to

that of the Academy.

(B) R

EFERENCES

.—If the Secretary enters into an

agreement with another organization as described in

subparagraph (A), any reference in this subsection to the

Academy shall be treated as a reference to the other

organization.

(b) R

EPORT BY

ECRETARY OF

EFENSE

.—Not later than 120

days after the date on which the report is submitted pursuant

to subsection (a)(2)(C), the Secretary shall submit to the congres-

sional defense committees a report on the views of the Secretary

on the findings and recommendations set forth in the report sub-

mitted under such subsection, together with such recommendations

as the Secretary may have for changes in the structure, functions,

responsibilities, and authorities of the Department.

Subtitle E—Other Matters

SEC. 1681. COOPERATIVE THREAT REDUCTION FUNDS.

(a) F

UNDING

LLOCATION

.—Of the $344,849,000 authorized to

be appropriated to the Department of Defense for fiscal year 2022

in section 301 and made available by the funding table in division

D for the Department of Defense Cooperative Threat Reduction

Program established under section 1321 of the Department of

Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the

following amounts may be obligated for the purposes specified:

(1) For strategic offensive arms elimination, $2,997,000.

(2) For chemical weapons destruction, $13,250,000.

Recommenda-

tions.

Recommenda-

tions.

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135 STAT. 2118 PUBLIC LAW 117–81—DEC. 27, 2021

(3) For global nuclear security, $17,767,000.

(4) For cooperative biological engagement, $229,022,000.

(5) For proliferation prevention, $58,754,000.

(6) For activities designated as Other Assessments/

Administrative Costs, $23,059,000.

(b) S

PECIFICATION OF

OOPERATIVE

HREAT

EDUCTION

UNDS

.—Funds appropriated pursuant to the authorization of

appropriations in section 301 and made available by the funding

table in division D for the Department of Defense Cooperative

Threat Reduction Program shall be available for obligation for

fiscal years 2022, 2023, and 2024.

SEC. 1682. MODIFICATION TO ESTIMATE OF DAMAGES FROM FEDERAL

COMMUNICATIONS COMMISSION ORDER 20–48.

Section 1664 of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283) is amended—

(1) in subsection (a), in the matter preceding paragraph

(1), by inserting ‘‘or any subsequent fiscal year’’ after ‘‘fiscal

year 2021’’; and

(2) by adding at the end the following new subsections:

‘‘(d) D

ISTRIBUTION OF

STIMATE

.—As soon as practicable after

submitting an estimate as described in paragraph (1) of subsection

(a) and making the certification described in paragraph (2) of such

subsection, the Secretary shall make such estimate available to

any licensee operating under the Order and Authorization described

in such subsection.

‘‘(e) A

UTHORITY OF

ECRETARY OF

EFENSE TO

EEK

ECOVERY

OSTS

.—The Secretary may work directly with any licensee

(or any future assignee, successor, or purchaser) affected by the

Order and Authorization described in subsection (a) to seek recovery

of costs incurred by the Department as a result of the effect of

such order and authorization.

‘‘(f) R

EIMBURSEMENT

.—

‘‘(1) I

N GENERAL

.—The Secretary shall establish and facili-

tate a process for any licensee (or any future assignee, suc-

cessor, or purchaser) subject to the Order and Authorization

described in subsection (a) to provide reimbursement to the

Department, only to the extent provided in appropriation Acts,

for the covered costs and eligible reimbursable costs submitted

and certified to the congressional defense committees under

such subsection.

‘‘(2) U

SE OF FUNDS

.—The Secretary shall use any funds

received under this subsection, to the extent and in such

amounts as are provided in advance in appropriation Acts,

for covered costs described in subsection (b) and the range

of eligible reimbursable costs identified under subsection (a)(1).

‘‘(3) R

EPORT

.—Not later than 90 days after the date on

which the Secretary establishes the process required by para-

graph (1), the Secretary shall submit to the congressional

defense committees a report on such process.’’.

SEC. 1683. ESTABLISHMENT OF OFFICE, ORGANIZATIONAL STRUC-

TURE, AND AUTHORITIES TO ADDRESS UNIDENTIFIED

AERIAL PHENOMENA.

(a) E

STABLISHMENT OF

FFICE

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of Defense,

in coordination with the Director of National Intelligence, shall

Deadline.

50 USC 3373.

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135 STAT. 2119 PUBLIC LAW 117–81—DEC. 27, 2021

establish an office within a component of the Office of the Secretary

of Defense, or within a joint organization of the Department of

Defense and the Office of the Director of National Intelligence,

to carry out the duties of the Unidentified Aerial Phenomena Task

Force, as in effect on the day before the date of enactment of

this Act, and such other duties as are required by this section.

(b) D

UTIES

.—The duties of the Office established under sub-

section (a) shall include the following:

(1) Developing procedures to synchronize and standardize

the collection, reporting, and analysis of incidents, including

adverse physiological effects, regarding unidentified aerial phe-

nomena across the Department of Defense and the intelligence

community.

(2) Developing processes and procedures to ensure that

such incidents from each component of the Department and

each element of the intelligence community are reported and

incorporated in a centralized repository.

(3) Establishing procedures to require the timely and con-

sistent reporting of such incidents.

(4) Evaluating links between unidentified aerial phe-

nomena and adversarial foreign governments, other foreign

governments, or nonstate actors.

(5) Evaluating the threat that such incidents present to

the United States.

(6) Coordinating with other departments and agencies of

the Federal Government, as appropriate, including the Federal

Aviation Administration, the National Aeronautics and Space

Administration, the Department of Homeland Security, the

National Oceanic and Atmospheric Administration, and the

Department of Energy.

(7) Coordinating with allies and partners of the United

States, as appropriate, to better assess the nature and extent

of unidentified aerial phenomena.

(8) Preparing reports for Congress, in both classified and

unclassified form, including under subsection (i).

ESPONSE TO AND

IELD

NVESTIGATIONS OF

NIDENTIFIED

ERIAL

HENOMENA

.—

(1) D

ESIGNATION

.—The Secretary, in coordination with the

Director, shall designate one or more line organizations within

the Department of Defense and the intelligence community

that possess appropriate expertise, authorities, accesses, data,

systems, platforms, and capabilities to rapidly respond to, and

conduct field investigations of, incidents involving unidentified

aerial phenomena under the direction of the head of the Office

established under subsection (a).

(2) A

BILITY TO RESPOND

.—The Secretary, in coordination

with the Director, shall ensure that each line organization

designated under paragraph (1) has adequate personnel with

the requisite expertise, equipment, transportation, and other

resources necessary to respond rapidly to incidents or patterns

of observations involving unidentified aerial phenomena of

which the Office becomes aware.

(d) S

CIENTIFIC

, T

ECHNOLOGICAL

AND

PERATIONAL

NALYSES

ATA ON

NIDENTIFIED

ERIAL

HENOMENA

.—

(1) D

ESIGNATION

.—The Secretary, in coordination with the

Director, shall designate one or more line organizations that

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135 STAT. 2120 PUBLIC LAW 117–81—DEC. 27, 2021

will be primarily responsible for scientific, technical, and oper-

ational analysis of data gathered by field investigations con-

ducted pursuant to subsection (c) and data from other sources,

including with respect to the testing of materials, medical

studies, and development of theoretical models, to better under-

stand and explain unidentified aerial phenomena.

(2) A

UTHORITY

.—The Secretary and the Director shall each

issue such directives as are necessary to ensure that the each

line organization designated under paragraph (1) has authority

to draw on the special expertise of persons outside the Federal

Government with appropriate security clearances.

(e) D

ATA

; I

NTELLIGENCE

OLLECTION

.—

(1) A

VAILABILITY OF DATA AND REPORTING ON UNIDENTIFIED

AERIAL PHENOMENA

.—The Director and the Secretary shall

each, in coordination with one another, ensure that—

(A) each element of the intelligence community with

data relating to unidentified aerial phenomena makes such

data available immediately to the Office established under

subsection (a) or to an entity designated by the Secretary

and the Director to receive such data; and

(B) military and civilian personnel of the Department

of Defense or an element of the intelligence community,

and contractor personnel of the Department or such an

element, have access to procedures by which the personnel

shall report incidents or information, including adverse

physiological effects, involving or associated with unidenti-

fied aerial phenomena directly to the Office or to an entity

designated by the Secretary and the Director to receive

such information.

(2) I

NTELLIGENCE COLLECTION AND ANALYSIS PLAN

.—The

head of the Office established under subsection (a), acting on

behalf of the Secretary of Defense and the Director of National

Intelligence, shall supervise the development and execution

of an intelligence collection and analysis plan to gain as much

knowledge as possible regarding the technical and operational

characteristics, origins, and intentions of unidentified aerial

phenomena, including with respect to the development, acquisi-

tion, deployment, and operation of technical collection capabili-

ties necessary to detect, identify, and scientifically characterize

unidentified aerial phenomena.

(3) U

SE OF RESOURCES AND CAPABILITIES

.—In developing

the plan under paragraph (2), the head of the Office established

under subsection (a) shall consider and propose, as the head

determines appropriate, the use of any resource, capability,

asset, or process of the Department and the intelligence commu-

nity.

(f) S

CIENCE

LAN

.—The head of the Office established under

subsection (a), on behalf of the Secretary and the Director, shall

supervise the development and execution of a science plan to develop

and test, as practicable, scientific theories to—

(1) account for characteristics and performance of unidenti-

fied aerial phenomena that exceed the known state of the

art in science or technology, including in the areas of propulsion,

aerodynamic control, signatures, structures, materials, sensors,

countermeasures, weapons, electronics, and power generation;

and

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135 STAT. 2121 PUBLIC LAW 117–81—DEC. 27, 2021

(2) provide the foundation for potential future investments

to replicate any such advanced characteristics and performance.

(g) A

SSIGNMENT OF

RIORITY

.—The Director, in consultation

with, and with the recommendation of the Secretary, shall assign

an appropriate level of priority within the National Intelligence

Priorities Framework to the requirement to understand, charac-

terize, and respond to unidentified aerial phenomena.

(h) A

NNUAL

EPORT

.—

(1) R

EQUIREMENT

.—Not later than October 31, 2022, and

annually thereafter until October 31, 2026, the Director, in

consultation with the Secretary, shall submit to the appropriate

congressional committees a report on unidentified aerial phe-

nomena.

(2) E

LEMENTS

.—Each report under paragraph (1) shall

include, with respect to the year covered by the report, the

following information:

(A) All reported unidentified aerial phenomena-related

events that occurred during the one-year period.

(B) All reported unidentified aerial phenomena-related

events that occurred during a period other than that one-

year period but were not included in an earlier report.

through each reported unidentified aerial phenomena-

related event.

(D) An analysis of data relating to unidentified aerial

phenomena collected through—

(i) geospatial intelligence;

(ii) signals intelligence;

(iii) human intelligence; and

(iv) measurement and signature intelligence.

(E) The number of reported incidents of unidentified

aerial phenomena over restricted air space of the United

States during the one-year period.

(F) An analysis of such incidents identified under

subparagraph (E).

(G) Identification of potential aerospace or other

threats posed by unidentified aerial phenomena to the

national security of the United States.

(H) An assessment of any activity regarding unidenti-

fied aerial phenomena that can be attributed to one or

more adversarial foreign governments.

(I) Identification of any incidents or patterns regarding

unidentified aerial phenomena that indicate a potential

adversarial foreign government may have achieved a break-

through aerospace capability.

(J) An update on the coordination by the United States

with allies and partners on efforts to track, understand,

and address unidentified aerial phenomena.

(K) An update on any efforts underway on the ability

to capture or exploit discovered unidentified aerial phe-

nomena.

(L) An assessment of any health-related effects for

individuals that have encountered unidentified aerial phe-

nomena.

(M) The number of reported incidents, and descriptions

thereof, of unidentified aerial phenomena associated with

Assessment.

Data.

Termination

date.

Consultation.

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135 STAT. 2122 PUBLIC LAW 117–81—DEC. 27, 2021

military nuclear assets, including strategic nuclear

weapons and nuclear-powered ships and submarines.

(N) In consultation with the Administrator for Nuclear

Security, the number of reported incidents, and descriptions

thereof, of unidentified aerial phenomena associated with

facilities or assets associated with the production, transpor-

tation, or storage of nuclear weapons or components

thereof.

(O) In consultation with the Chairman of the Nuclear

Regulatory Commission, the number of reported incidents,

and descriptions thereof, of unidentified aerial phenomena

or drones of unknown origin associated with nuclear power

generating stations, nuclear fuel storage sites, or other

sites or facilities regulated by the Nuclear Regulatory

Commission.

(P) The names of the line organizations that have

been designated to perform the specific functions under

subsections (c) and (d), and the specific functions for which

each such line organization has been assigned primary

responsibility.

(3) F

ORM

.—Each report submitted under paragraph (1)

shall be submitted in unclassified form, but may include a

classified annex.

(i) S

EMIANNUAL

RIEFINGS

.—

(1) R

EQUIREMENT

.—Not later than 90 days after the date

of the enactment of this Act and not less frequently than

semiannually thereafter until December 31, 2026, the head

of the Office established under subsection (a) shall provide

to the congressional committees specified in subparagraphs (A),

(B), and (D) of subsection (l)(1) classified briefings on unidenti-

fied aerial phenomena.

(2) F

IRST BRIEFING

.—The first briefing provided under para-

graph (1) shall include all incidents involving unidentified aerial

phenomena that were reported to the Unidentified Aerial Phe-

nomena Task Force or to the Office established under sub-

section (a) after June 24, 2021, regardless of the date of occur-

rence of the incident.

(3) S

UBSEQUENT BRIEFINGS

.—Each briefing provided subse-

quent to the first briefing described in paragraph (2) shall

include, at a minimum, all events relating to unidentified aerial

phenomena that occurred during the previous 180 days, and

events relating to unidentified aerial phenomena that were

not included in an earlier briefing.

(4) I

NSTANCES IN WHICH DATA WAS NOT SHARED

.—For each

briefing period, the head of the Office established under sub-

section (a) shall jointly provide to the chairman and the ranking

minority member or vice chairman of the congressional commit-

tees specified in subparagraphs (A) and (D) of subsection (k)(1)

an enumeration of any instances in which data relating to

unidentified aerial phenomena was not provided to the Office

because of classification restrictions on that data or for any

other reason.

(j) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated such sums as may be necessary to carry out

the work of the Office established under subsection (a), including

with respect to—

Deadline.

Termination

date.

Consultation.

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135 STAT. 2123 PUBLIC LAW 117–81—DEC. 27, 2021

(1) general intelligence gathering and intelligence analysis;

and

(2) strategic defense, space defense, defense of controlled

air space, defense of ground, air, or naval assets, and related

purposes.

(k) T

ASK

ORCE

ERMINATION

.—Not later than the date on

which the Secretary establishes the Office under subsection (a),

the Secretary shall terminate the Unidentified Aerial Phenomenon

Task Force.

(l) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’ means

the following:

(A) The Committees on Armed Services of the House

of Representatives and the Senate.

(B) The Committees on Appropriations of the House

of Representatives and the Senate.

of Representatives and the Committee on Foreign Relations

of the Senate.

(D) The Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee

on Intelligence of the Senate.

(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).

(3) The term ‘‘line organization’’ means, with respect to

a department or agency of the Federal Government, an

organization that executes programs and activities to directly

advance the core functions and missions of the department

or agency to which the organization is subordinate, but, with

respect to the Department of Defense, does not include a compo-

nent of the Office of the Secretary of Defense.

(4) The term ‘‘transmedium objects or devices’’ means

objects or devices that are observed to transition between space

and the atmosphere, or between the atmosphere and bodies

of water, that are not immediately identifiable.

(5) The term ‘‘unidentified aerial phenomena’’ means—

(A) airborne objects that are not immediately identifi-

able;

(B) transmedium objects or devices; and

diately identifiable and that display behavior or perform-

ance characteristics suggesting that the objects or devices

may be related to the objects or devices described in

subparagraph (A) or (B).

SEC. 1684. DETERMINATION ON CERTAIN ACTIVITIES WITH

UNUSUALLY HAZARDOUS RISKS.

(a) R

EPORT

EQUIRED

.—For fiscal years 2022 and 2023, the

Secretary concerned shall prepare a report for each indemnification

request made by a covered contractor with respect to a contract.

Such report shall include the following elements:

(1) A determination of whether the performance of the

contract includes an unusually hazardous risk (as defined in

this section).

(2) An estimate of the maximum probable loss for claims

or losses arising out of the contract.

Time periods.

Deadline.

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135 STAT. 2124 PUBLIC LAW 117–81—DEC. 27, 2021

(3) Consideration of requiring the covered contractor to

obtain liability insurance to compensate for claims or losses

to the extent such insurance is available under commercially

reasonable terms and pricing, including any limits, sub-limits,

exclusions and other coverage restrictions.

(4) Consideration of not requiring a covered contractor to

obtain liability insurance in amounts greater than amounts

available under commercially reasonable terms and pricing or

the maximum probable loss, whichever is less.

(b) S

UBMISSION TO

ONGRESS

.—Not later than 90 days after

the date on which the Secretary concerned receives an indemnifica-

tion request by a covered contractor during the period beginning

on the date of the enactment of this Act and ending on September

30, 2023, the Secretary concerned shall submit to the congressional

defense committees the report required under subsection (a).

EVIEW

.—

(1) R

EQUIREMENT

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense shall

conduct a review of the implementation by the Department

of Defense of section 2354 of title 10, United States Code,

and Executive Order 10789, as amended, pursuant to Public

Law 85–804 (50 U.S.C. 1431 et seq.) with regard to indem-

nifying a contractor for the performance of a contract that

includes unusually hazardous risk.

(2) M

ATTERS INCLUDED

.—The review required under para-

graph (1) shall include the following:

(A) A determination of the extent to which each Sec-

retary concerned is implementing such section 2354 and

such Executive Order 10789 consistently.

(B) Identification of discrepancies and potential rem-

edies in the military departments with respect to such

implementation.

(3) B

RIEFING

.—Not later than 120 days after the date of

the enactment of this Act, the Secretary shall provide to the

congressional defense committees a briefing on the findings

of the review under paragraph (1).

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘covered contractor’’ means a current or

prospective prime contractor of the Department of Defense.

(2) The term ‘‘military department’’ has the meaning given

in section 101 of title 10, United States Code.

(3) The term ‘‘indemnification request’’ means a request

for indemnification made by a covered contractor under section

2354 of title 10, United States Code, or Executive Order 10789,

as amended, pursuant to public Law 85–804 (50 U.S.C. 1431

et seq.) that includes sufficient supporting justification to sup-

port a determination as required under those provisions.

(4) The term ‘‘Secretary concerned’’ means—

(A) the Secretary of the Army, with respect to matters

concerning the Army;

(B) the Secretary of the Navy, with respect to matters

concerning the Navy, the Marine Corps, and the Coast

Guard when it is operating as a service in the Department

of the Navy; and

matters concerning the Air Force and the Space Force.

Deadline.

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135 STAT. 2125 PUBLIC LAW 117–81—DEC. 27, 2021

(5) The term ‘‘unusually hazardous risk’’ means risk of

burning, explosion, detonation, flight or surface impact, or toxic

or hazardous material release associated with one or more

of the following products or programs:

(A) Products or programs relating to any hypersonic

weapon system, including boost glide vehicles and air-

breathing propulsion systems.

(B) Products or programs relating to rocket propulsion

systems, including, at a minimum, with respect to rockets,

missiles, launch vehicles, rocket engines or motors or

hypersonic weapons systems using either a solid or liquid

high energy propellant inclusive of any warhead, if any,

in excess of 1000 pounds of the chemical equivalent of

TNT.

fielding or incorporating of any item containing high energy

propellants, inclusive of any warhead, if any, in excess

of 1000 pounds of the chemical equivalent of TNT into

any ship, vessel, submarine, aircraft, or spacecraft.

(D) Products or programs relating to a classified pro-

gram where insurance is not available due to the prohibi-

tion of disclosure of classified information to commercial

insurance providers, and without such disclosure access

to insurance is not possible.

(E) Any other product or program for which the con-

tract under which the product or program is carried out

includes a risk that the contract defines as unusually haz-

ardous.

SEC. 1685. STUDY BY PUBLIC INTEREST DECLASSIFICATION BOARD

RELATING TO CERTAIN TESTS IN THE MARSHALL

ISLANDS.

(a) S

TUDY

.—The Public Interest Declassification Board estab-

lished by section 703 of the Public Interest Declassification Act

of 2000 (50 U.S.C. 3355a) shall conduct a study on the feasibility

of carrying out a declassification review relating to nuclear weapons,

chemical weapons, or ballistic missile tests conducted by the United

States in the Marshall Islands, including with respect to cleanup

activities and the storage of waste relating to such tests.

(b) R

EPORT

.—Not later than 90 days after the date of the

enactment of this Act, the Board shall submit to the Secretary

of Defense, the Secretary of Energy, and the congressional defense

committees a report containing the findings of the study conducted

under subsection (a). The report shall include the following:

(1) The feasibility of carrying out the declassification review

described in such subsection.

(2) The resources required to carry out the declassification

review.

(3) A timeline to complete such the declassification review.

(4) Any other issues the Board determines relevant.

OMMENTS

.—The Secretary of Defense and the Secretary

of Energy may submit to the congressional defense committees

any comments the respective Secretary determines relevant with

respect to the report submitted under subsection (b).

(d) A

SSISTANCE

.—The Secretary of Defense and Secretary of

Energy shall each provide to the Board such assistance as the

Board requests in conducting the study under subsection (a).

Timeline.

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135 STAT. 2126 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1686. PROTECTION OF MAJOR RANGE AND TEST FACILITY BASE.

The Secretary of Defense may authorize, consistent with the

authorities of the Secretary, such actions as are necessary to miti-

gate threats posed by space-based assets to the security or operation

of the Major Range and Test Facility Base (as defined in section

196(i) of title 10, United States Code).

SEC. 1687. CONGRESSIONAL COMMISSION ON THE STRATEGIC POS-

TURE OF THE UNITED STATES.

(a) E

STABLISHMENT

.—There is established in the legislative

branch a commission to be known as the ‘‘Congressional Commission

on the Strategic Posture of the United States’’ (in this section

referred to as the ‘‘Commission’’). The purpose of the Commission

is to examine and make recommendations to the President and

Congress with respect to the long-term strategic posture of the

United States.

(b) C

OMPOSITION

.—

(1) M

EMBERSHIP

.—The Commission shall be composed of

12 members appointed as follows:

(A) One by the Speaker of the House of Representa-

tives.

(B) One by the minority leader of the House of Rep-

resentatives.

(D) One by the minority leader of the Senate.

(E) Two by the chairperson of the Committee on Armed

Services of the House of Representatives.

(F) Two by the ranking minority member of the Com-

mittee on Armed Services of the House of Representatives.

(G) Two by the chairperson of the Committee on Armed

Services of the Senate.

(H) Two by the ranking minority member of the Com-

mittee on Armed Services of the Senate.

(2) Q

UALIFICATIONS

.—

(A) I

N GENERAL

.—The members appointed under para-

graph (1) shall be from among individuals who—

(i) are United States citizens;

(ii) are not officers or employees of the Federal

Government or any State or local government; and

(iii) have received national recognition and have

significant depth of experience in such professions as

governmental service, law enforcement, the Armed

Forces, law, public administration, intelligence gath-

ering, commerce (including aviation matters), or for-

eign affairs.

(B) P

OLITICAL PARTY AFFILIATION

.—Not more than six

members of the Commission may be appointed from the

same political party.

(3) D

EADLINE FOR APPOINTMENT

.—

(A) I

N GENERAL

.—All members of the Commission shall

be appointed under paragraph (1) not later than 45 days

after the date of the enactment of this Act.

(B) E

FFECT OF LACK OF APPOINTMENTS BY APPOINTMENT

DATE

.—If one or more appointments under paragraph (1)

is not made by the date specified in subparagraph (A)—

(i) the authority to make such appointment or

appointments shall expire; and

Expiration date.

Recommenda-

tions.

10 USC 196 note.

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135 STAT. 2127 PUBLIC LAW 117–81—DEC. 27, 2021

(ii) the number of members of the Commission

shall be reduced by the number of appointments not

made by that date.

(4) C

HAIRPERSON

;

VICE CHAIRPERSON

.—

(A) C

HAIRPERSON

.—The chairpersons of the Commit-

tees on Armed Services of the Senate and the House of

Representatives shall jointly designate one member of the

Commission to serve as chairperson of the Commission.

(B) V

ICE CHAIRPERSON

.—The ranking minority mem-

bers of the Committees on Armed Services of the Senate

and the House of Representatives shall jointly designate

one member of the Commission to serve as vice chairperson

of the Commission.

(5) A

CTIVATION

.—

(A) I

N GENERAL

.—The Commission—

(i) may begin operations under this section on

the date on which not less than

⁄

of the members

of the Commission have been appointed under para-

graph (1); and

(ii) shall meet and begin the operations of the

Commission as soon as practicable after the date

described in clause (i).

(B) S

UBSEQUENT MEETINGS

.—After its initial meeting,

the Commission shall meet upon the call of the chairperson

or a majority of its members.

(6) Q

UORUM

.—Eight members of the Commission shall con-

stitute a quorum.

(7) P

ERIOD OF APPOINTMENT

;

VACANCIES

.—Members of the

Commission shall be appointed for the life of the Commission.

A vacancy in the Commission does not affect the powers of

the Commission and shall (except as provided by paragraph

(3)(B)) be filled in the same manner in which the original

appointment was made.

(8) R

EMOVAL OF MEMBERS

.—

(A) I

N GENERAL

.—A member of the Commission may

be removed from the Commission for cause by the indi-

vidual serving in the position responsible for the original

appointment of the member under paragraph (1), provided

that notice is first provided to that official of the cause

for removal, and removal is voted and agreed upon by

⁄

of the members of the Commission.

(B) V

ACANCIES

.—A vacancy created by the removal

of a member of the Commission under subparagraph (A)

does not affect the powers of the Commission and shall

be filled in the same manner in which the original appoint-

ment was made.

UTIES

.—

(1) R

EVIEW

.—The Commission shall conduct a review of

the strategic posture of the United States, including a strategic

threat assessment and a detailed review of nuclear weapons

policy, strategy, and force structure and factors affecting the

strategic stability of near-peer competitors of the United States.

(2) A

SSESSMENT AND RECOMMENDATIONS

.—

(A) A

SSESSMENT

.—The Commission shall assess—

(i) the benefits and risks associated with the cur-

rent strategic posture and nuclear weapons policies

of the United States;

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135 STAT. 2128 PUBLIC LAW 117–81—DEC. 27, 2021

(ii) factors affecting strategic stability that relate

to the strategic posture; and

(iii) lessons learned from the findings and conclu-

sions of the Congressional Commission on the Strategic

Posture of the United States established by section

1062 of the National Defense Authorization Act for

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 319)

and other previous commissions and previous Nuclear

Posture Reviews.

(B) R

ECOMMENDATIONS

.—The Commission shall make

recommendations with respect to—

(i) the most appropriate strategic posture;

(ii) the extent to which capabilities other than

nuclear weapons can contribute to or detract from stra-

tegic stability; and

(iii) the most effective nuclear weapons strategy

for strategic posture and stability.

(d) R

EPORT AND

RIEFING

EQUIRED

.—

(1) I

N GENERAL

.—Not later than December 31, 2022, the

Commission shall submit to the President and the Committees

on Armed Services of the Senate and the House of Representa-

tives a report on the Commission’s findings, conclusions, and

recommendations.

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include—

(A) the recommendations required by subsection

(c)(2)(B);

(B) a description of the military capabilities and force

structure necessary to support the nuclear weapons

strategy recommended under that subsection, including

nuclear, nonnuclear kinetic, and nonkinetic capabilities

that might support the strategy, and other factors that

might affect strategic stability;

is, the size of the nuclear complex) required to support

the strategy and the appropriate organizational structure

for the nuclear security enterprise;

(D) an assessment of the role of missile defenses in

the strategy;

(E) an assessment of the role of cyber defense capabili-

ties in the strategy;

(F) an assessment of the role of space systems in

the strategy;

(G) an assessment of the role of nonproliferation pro-

grams in the strategy;

(H) an assessment of the role of nuclear arms control

in the strategy;

(I) an assessment of the political and military implica-

tions of the strategy for the United States and its allies;

and

(J) any other information or recommendations relating

to the strategy (or to the strategic posture) that the

Commission considers appropriate.

(3) I

NTERIM BRIEFING

.—Not later than 180 days after the

deadline for appointment of members of the Commission speci-

fied in subsection (b)(3)(A), the Commission shall provide to

the Committees on Armed Services of the Senate and the

Deadline.

Assessments.

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135 STAT. 2129 PUBLIC LAW 117–81—DEC. 27, 2021

House of Representatives a briefing on the status of the review,

assessments, and recommendations required by subsection (c),

including a discussion of any interim recommendations.

(e) I

NFORMATION

ROM

EDERAL

GENCIES

.—

(1) I

N GENERAL

.—The Commission may secure directly from

the Department of Defense, the National Nuclear Security

Administration, the Department of State, or the Office of the

Director of National Intelligence information, suggestions, esti-

mates, and statistics for the purposes of this section. Each

of such agency shall, to the extent authorized by law, furnish

such information, suggestions, estimates, and statistics directly

to the Commission, upon receiving a request made by—

(A) the chairperson of the Commission;

(B) the chairperson of any subcommittee of the

Commission created by a majority of members of the

Commission; or

majority of the Commission for purposes of making requests

under this paragraph.

(2) R

ECEIPT

HANDLING

STORAGE

AND DISSEMINATION

.—

Information, suggestions, estimates, and statistics provided to

the Commission under paragraph (1) may be received, handled,

stored, and disseminated only by members of the Commission

and its staff consistent with all applicable statutes, regulations,

and Executive orders.

(f) A

SSISTANCE

ROM

EDERAL

GENCIES

.—In addition to

information, suggestions, estimates, and statistics provided under

subsection (e), departments and agencies of the United States may

provide to the Commission such services, funds, facilities, staff,

and other support services as those departments and agencies may

determine advisable and as may be authorized by law.

(g) C

OMPENSATION AND

RAVEL

XPENSES

.—

(1) S

TATUS AS FEDERAL EMPLOYEES

.—Notwithstanding the

requirements of section 2105 of title 5, United States Code,

including the requirements relating to supervision under sub-

section (a)(3) of such section, the members of the Commission

shall be deemed to be Federal employees.

(2) C

OMPENSATION

.—Each member of the Commission may

be compensated at not to exceed the daily equivalent of the

annual rate of basic pay in effect for a position at level IV

of the Executive Schedule under section 5315 of title 5, United

States Code, for each day during which that member is engaged

in the actual performance of the duties of the Commission.

(3) T

RAVEL EXPENSES

.—While away from their homes or

regular places of business in the performance of services for

the Commission, members of the Commission shall be allowed

travel expenses, including per diem in lieu of subsistence, in

the same manner as persons employed intermittently in the

Government service are allowed expenses under section 5703

of title 5, United States Code.

(h) S

TAFF

.—

(1) E

XECUTIVE DIRECTOR

.—The Commission shall appoint

and fix the rate of basic pay for an Executive Director in

accordance with section 3161(d) of title 5, United States Code.

(2) P

.—The Executive Director appointed under para-

graph (1) may, with the approval of the Commission, appoint

and fix the rate of basic pay for additional personnel as staff

Appointment.

Estimates.

Statistics.

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135 STAT. 2130 PUBLIC LAW 117–81—DEC. 27, 2021

of the Commission in accordance with section 3161(d) of title

5, United States Code.

(i) P

ERSONAL

ERVICES

.—

(1) A

UTHORITY TO PROCURE

.—The Commission may—

(A) procure the services of experts or consultants (or

of organizations of experts or consultants) in accordance

with the provisions of section 3109 of title 5, United States

Code; and

(B) pay in connection with such services travel

expenses of individuals, including transportation and per

diem in lieu of subsistence, while such individuals are

traveling from their homes or places of business to duty

stations.

(2) M

AXIMUM DAILY PAY RATES

.—The daily rate paid an

expert or consultant procured pursuant to paragraph (1) may

not exceed the daily equivalent of the annual rate of basic

pay in effect for a position at level IV of the Executive Schedule

under section 5315 of title 5, United States Code.

(j) C

ONTRACTING

UTHORITY

.—The Commission may acquire

administrative supplies and equipment for Commission use to the

extent funds are available.

(k) A

UTHORITY TO

CCEPT

IFTS

.—

(1) I

N GENERAL

.—The Commission may accept, use, and

dispose of gifts or donations of services, goods, and property

from non-Federal entities for the purposes of aiding and facili-

tating the work of the Commission. The authority under this

paragraph does not extend to gifts of money.

(2) D

OCUMENTATION

;

CONFLICTS OF INTEREST

.—The

Commission shall document gifts accepted under the authority

provided by paragraph (1) and shall avoid conflicts of interest

or the appearance of conflicts of interest.

(3) C

OMPLIANCE WITH CONGRESSIONAL ETHICS RULES

.—

Except as specifically provided in this section, a member of

the Commission shall comply with rules set forth by the Select

Committee on Ethics of the Senate and the Committee on

Ethics of the House of Representatives governing employees

of the Senate and the House of Representatives, respectively.

(l) P

OSTAL

ERVICES

.—The Commission may use the United

States mails in the same manner and under the same conditions

as departments and agencies of the United States.

(m) C

OMMISSION

UPPORT

.—Not later than 60 days after the

date of the enactment of this Act, the Secretary of Defense shall

seek to enter into a contract with a federally funded research

and development center to provide appropriate staff and administra-

tive support for the activities of the Commission.

(n) E

XPEDITION OF

ECURITY

LEARANCES

.—The Office of

Senate Security and the Office of House Security shall ensure

the expedited processing of appropriate security clearances for per-

sonnel appointed to the Commission by offices of the Senate and

the House of Representatives, respectively, under processes devel-

oped for the clearance of legislative branch employees.

(o) L

EGISLATIVE

DVISORY

OMMITTEE

.—The Commission shall

operate as a legislative advisory committee and shall not be subject

to the provisions of the Federal Advisory Committee Act (5 U.S.C.

App) or section 552b, United States Code (commonly known as

the ‘‘Government in the Sunshine Act’’).

Deadline.

Contracts.

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135 STAT. 2131 PUBLIC LAW 117–81—DEC. 27, 2021

(p) F

UNDING

.—Of the amounts authorized to be appropriated

by this Act for fiscal year 2022 for the Department of Defense,

up to $7,000,000 shall be made available to the Commission to

carry out its duties under this section. Funds made available to

the Commission under the preceding sentence shall remain avail-

able until expended.

(q) T

ERMINATION

.—

(1) I

N GENERAL

.—The Commission, and all authorities

under this section, shall terminate on the date that is 90

days after the Commission submits the final report required

by subsection (d).

(2) A

DMINISTRATIVE ACTIONS BEFORE TERMINATION

.—The

Commission may use the 90-day period described in paragraph

(1) for the purpose of concluding its activities, including pro-

viding testimony to committees of Congress with respect to

and disseminating the report required by subsection (d).

TITLE XVII—TECHNICAL AMENDMENTS

RELATED TO THE TRANSFER AND RE-

ORGANIZATION OF DEFENSE ACQUI-

SITION 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.

SEC. 1701. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS

RELATED TO TITLE XVIII OF THE FISCAL YEAR 2021 NDAA.

(a) D

EFINITIONS

; E

FFECTIVE

ATE

; A

PPLICABILITY

.—

(1) D

EFINITIONS

.—In this section, the terms ‘‘FY2021

NDAA’’ and ‘‘such Act’’ mean the William M. (Mac) Thornberry

National Defense Authorization Act for Fiscal Year 2021 (Public

Law 116–283).

(2) A

MENDMENTS TO APPLY PRE

TRANSFER OF DEFENSE

ACQUISITION STATUTES

.—The amendments made by subsections

(b), (i), and (j) through (v) shall apply as if included in the

enactment of title XVIII of the FY2021 NDAA as enacted.

(3) A

MENDMENTS TO TAKE EFFECT POST

TRANSFER OF

DEFENSE ACQUISITION STATUTES

.—The amendments made by

subsections (c) through (h) and (w) shall take effect immediately

after the amendments made by title XVIII of the FY2021 NDAA

have taken effect. Sections 1883 through 1885 of the FY2021

NDAA shall apply with respect to the transfers, redesignations,

and amendments made under such subsections as if such trans-

fers, redesignations, and amendments were made under title

XVIII of the FY2021 NDAA.

(4) R

EORGANIZATION REGULATION UPDATE NOTICE

.—Section

1801(d)(3)(B)(i) of FY2021 NDAA is amended by inserting ‘‘and

provides public notice that such authorities have been revised

and modified pursuant to such paragraph’’ after ‘‘paragraph

(2)’’.

(5) S

AVINGS PROVISION RELATING TO TRANSFER AND REORGA

NIZATION OF DEFENSE ACQUISITION STATUTES

.—If this Act is

enacted after December 31, 2021, notwithstanding section

1801(d)(1) of the FY2021 NDAA, the amendments made by

Effective date.

10 USC 3001

note prec.

Applicability.

10 USC 3001

note prec.

Testimony.

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135 STAT. 2132 PUBLIC LAW 117–81—DEC. 27, 2021

title XVIII of the FY2021 NDAA shall take effect immediately

after the enactment of this Act.

(b) T

ECHNICAL

ORRECTIONS TO

ITLE

XVIII

FY2021

NDAA.—Title XVIII of the FY2021 NDAA is amended as follows:

(1) Section 1806(a) is amended in paragraph (4) by striking

‘‘T

RANSFER

’’ and all that follows through ‘‘and amended’’ and

inserting the following: ‘‘R

ESTATEMENT OF SECTION 2545(1)

.—

Section 3001 of such title, as added by paragraph (1), is further

amended by inserting after subsection (b), as transferred and

redesignated by paragraph (3), a new subsection (c) having

the text of paragraph (1) of section 2545 of such title, as

in effect on the day before the date of the enactment of this

Act, revised’’.

(2) Section 1807 is amended—

(A) in subsection (b)(1), by striking ‘‘new sections’’ and

inserting ‘‘new section’’;

(B) in subsection (c)(3)(A)—

(i) by striking the semicolon and close quotation

marks at the end of clause (i) and inserting close

quotation marks and a semicolon; and

(ii) by striking ‘‘by any’’ in the matter to be inserted

by clause (ii); and

(i) by striking ‘‘of this title’’ in the matter to be

inserted by paragraph (2)(B); and

(ii) by striking ‘‘Sections’’ in the quoted matter

before the period at the end of paragraph (3) and

inserting ‘‘For purposes of’’.

(3) Section 1809(e) is amended by striking subparagraph

(B) of paragraph (2) (including the amendment made by that

subparagraph).

(4) Section 1811 is amended—

(A) in subsection (c)(2)—

(i) in subparagraph (B), by striking the comma

before the close quotation marks in both the matter

to be stricken and the matter to be inserted; and

(ii) in subparagraph (D), by inserting a comma

after ‘‘3901’’ in the matter to be inserted;

(B) in subsection (d)(3)(B)—

(i) by striking the dash after ‘‘mobilization’’ in the

matter to be inserted by clause (ii) and inserting a

semicolon; and

(ii) by striking the dash after ‘‘center’’ in the matter

to be inserted by clause (iv) and inserting ‘‘; or’’;

matter to be stricken by clause (ii) and inserting ‘‘This’’;

(D) in subsection (d)(5)(A), by striking ‘‘inserting’’ and

all that follows through ‘‘; and’’ and inserting ‘‘inserting

‘O

FFER REQUESTS TO POTENTIAL SOURCES

.—’ before ‘The

head of an agency’; and’’;

(E) in subsection (d)(6)(A), in the matter to be

inserted—

(i) by striking the close quotation marks after

‘‘P

ROCEDURES

.—’’; and

(ii) by striking the comma after ‘‘(7)’’; and

10 USC 3204.

10 USC 3201.

10 USC 3134.

10 USC 2315,

3068.

10 USC 3068.

10 USC 3064.

10 USC 3062.

10 USC 2545,

3001.

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135 STAT. 2133 PUBLIC LAW 117–81—DEC. 27, 2021

(F) in subparagraphs (C)(ii) and (E)(ii) of subsection

(e)(3), by striking ‘‘and (ii)’’ each place it appears and

inserting ‘‘and (iii)’’.

(5) Section 1813 is amended in subsection (c)(1)(D) by

inserting ‘‘and inserting’’ after the first close quotation marks.

(6) Section 1816(c) is amended—

(A) in paragraph (5)—

(i) in subparagraph (C)—

(I) by striking ‘‘the second sentence’’ and

inserting ‘‘the second and third sentences’’; and

(II) by striking ‘‘subsection (d)’’ and inserting

‘‘subsections (d) and (e), respectively’’; and

(ii) by striking subparagraph (G) and inserting

the following:

‘‘(G) in subsection (d), as so designated, by inserting

‘N

OTICE OF

WARD

.—’ before ‘The head of’; and

‘‘(H) in subsection (e), as so designated, by striking

‘This subparagraph does not’ and inserting ‘E

XCEPTION FOR

ERISHABLE

UBSISTENCE

TEMS

.—Subsections (c) and (d)

do not’.’’; and

(B) in paragraph (7)(J)(ii), in the matter to be inserted,

by inserting ‘‘under’’ before ‘‘this section’’.

(7) Section 1818 is amended by striking the close quotation

marks and second period at the end of subsection (b).

(8) Section 1820 is amended—

(A) in subsection (a), in the matter to be inserted,

by striking the item relating to section 3404 and inserting

the following new item:

‘‘3404. øReserved¿.’’;

(B) in subsection (c)(3)(A), by striking ‘‘section’’ in the

matter to be stricken; and

‘‘3403(b)’’ in the matter to be inserted.

(9) Section 1821 is amended in subsection (b)(5) by striking

‘‘subsection (b)(2)(B)(i)’’ and inserting ‘‘subsection (c)(2)(B)(i)’’.

(10) Section 1831 is amended—

(A) in subsection (b), by striking ‘‘redesignated as sub-

section (a), and’’ and inserting ‘‘amended by striking the

subsection designation and subsection heading, and fur-

ther’’;

(B) in subsection (c)(2)(A), in the matter to be stricken,

by striking ‘‘the’’ and inserting ‘‘The’’;

(i) by striking clauses (ii) through (v); and

(ii) in the matter preceding clause (i), by striking

‘‘as so redesignated’’ and all that follows through ‘‘by

inserting’’ and inserting ‘‘as so redesignated, by

inserting’’;

(D) in subsection (c)(2)(E)—

(i) by striking clauses (ii) through (v); and

(ii) in the matter preceding clause (i), by striking

‘‘as so redesignated’’ and all that follows through ‘‘by

inserting’’ and inserting ‘‘as so redesignated, by

inserting’’; and

(iii) by inserting ‘‘and’’ after the semicolon at the

end;

(E) in subsection (c)(2)(F)—

10 USC 3702.

10 USC 2306a,

3701.

10 USC 3456.

10 USC 3405.

10 USC 3403.

10 USC 3401

prec.

10 USC 2316,

3344.

10 USC 3305.

10 USC 3303.

10 USC 3242.

10 USC 3206.

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135 STAT. 2134 PUBLIC LAW 117–81—DEC. 27, 2021

(i) by striking clauses (ii) through (v); and

(ii) in the matter preceding clause (i), by striking

‘‘as so redesignated’’ and all that follows through ‘‘by

inserting’’ and inserting ‘‘as so redesignated, by

inserting’’; and

(iii) by striking the semicolon at the end and

inserting a period;

(F) in subsection (c)(4)(A), by striking the matter pro-

posed to be inserted and inserting ‘‘C

ERTIFICATION

.—’’;

(G) in subsection (c)(8)—

(i) by striking subparagraph (C); and

(ii) in subparagraph (B), by adding ‘‘and’’ at the

end;

(H) in subsection (h), by striking ‘‘such section 3706’’

in paragraphs (2) and (3) and inserting ‘‘such section 3707’’;

and

(I) in subsection (j)—

(i) in paragraph (3), in the matter to be inserted,

by striking ‘‘3701–3708’’ and inserting ‘‘3701 through

3708’’; and

(ii) by striking paragraphs (4) and (5).

(11) Section 1832(i)(7)(F)—

(A) in clause (iv), by striking ‘‘and’’ at the end;

(B) in clause (v), by striking the period at the end

and inserting ‘‘; and’’; and

‘‘(vi) in subparagraph (B) (as so redesignated), by

striking ‘paragraph (1)’ and inserting ‘subsection (b)’.’’.

(12) Section 1833 is amended—

(A) in subsection (n), in the section heading for section

3791, by striking ‘‘

DEPARTMENT OF DEFENSE

’’ and inserting

‘‘

DEPARTMENT OF DEFENSE

’’; and

(B) in subsection (o)(2), by striking ‘‘Section’’ and ‘‘as

section’’ and inserting ‘‘Sections’’ and ‘‘as sections’’, respec-

tively.

(13) Section 1834(h)(2) is amended by striking ‘‘section

3801(1)’’ in the matter to be inserted and inserting ‘‘section

3801(a)’’.

(14) Section 1845(c)(2) is amended by striking ‘‘section’’

in the matter to be stricken and inserting ‘‘sections’’.

(15) Section 1846 is amended—

(A) in subsection (f)(6)(A), in the matter to be inserted,

by inserting a period after ‘‘O

VERSIGHT

’’;

(B) in subsection (i)(3), by striking ‘‘Section 1706(c)(1)’’

and inserting ‘‘Section 1706(a)’’; and

‘‘(j) F

URTHER

ROSS

REFERENCE

MENDMENT

.—Section 1706(a)

of title 10, United States Code, is further amended by striking

‘section 2430(a)(1)(B)’ and inserting ‘section 4201(a)(2)’.’’.

(16) Section 1847 is amended—

(A) in the table of subchapters to be inserted by sub-

section (a), by striking the item relating to the second

subchapter III (relating to contractors) and inserting the

following:

‘‘V. Contractors ......................................................................................................4291’’; and

(B) in subsection (e)(3)(A), by inserting ‘‘section’’ before

‘‘4376(a)(1)’’ in the matter to be inserted.

10 USC 4273.

10 USC 4211

prec.

10 USC 1706.

10 USC 4204.

10 USC 171a.

10 USC 3807.

10 USC 2328,

2386, 3793, 3794.

10 USC 3791

prec.

10 USC 2379,

2380.

10 USC 3750.

10 USC 2343.

10 USC 3707.

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135 STAT. 2135 PUBLIC LAW 117–81—DEC. 27, 2021

(17) Section 1848(d) is amended by striking paragraph

(2).

(18) Section 1850(e)(2) is amended by inserting ‘‘transferred

and’’ before ‘‘redesignated’’.

(19) Section 1856 is amended—

(A) in subection (f)(5)(A), in the matter to be inserted,

by striking the comma at the end; and

(B) in subsection (h), by striking ‘‘subsection (d)’’ and

inserting ‘‘subsection (g)’’.

(20) Section 1862(c)(2) is amended by striking ‘‘section

4657’’ and inserting ‘‘section 4658’’.

(21) Section 1866 is amended—

(A) in subsection (c)—

(i) in paragraph (1), by inserting ‘‘and’’ at the

end;

(ii) in paragraph (2), by striking ‘‘; and’’ at the

end and inserting a period; and

(iii) by striking paragraph (3) (including the

amendment made by that paragraph); and

(B) in subsection (d), by striking ‘‘4817’’ in the matter

to be inserted by paragraph (4)(A)(ii) and inserting ‘‘4818’’.

(22) Section 1867(d) is amended—

(A) in paragraph (3), by striking ‘‘Section 4814’’ and

inserting ‘‘Section 4814(a)’’;

(B) by amending paragraph (5) to read as follows:

‘‘(5) Section 4818 is amended in subsection (a)—

‘‘(A) by striking ‘of this chapter’ and inserting ‘of chap-

ters 381 through 385 and chapter 389’; and

‘‘(B) by striking ‘under this chapter’ and inserting

‘under such chapters’.’’; and

‘‘(7) Section 4817(d)(1) is amended by striking ‘this chapter’

and inserting ‘chapters 381 through 385 and chapter 389’.’’.

(23) Section 1870(c)(3) is amended—

(A) by inserting after subparagraph (A) the following

new subparagraph:

‘‘(B) in each of paragraphs (4) and (5) of subsection

(d), by striking ‘section 2500(1)’ and inserting ‘section

4801(1)’;’’;

(B) by redesignating subparagraphs (B) and (C) as

subparagraphs (C) and (D), respectively; and

striking ‘‘of the first subsection (k) (relating to ‘Limitation

on certain procurements application process’),’’ and

inserting ‘‘of subsection (j),’’.

(24) Section 1872(a) is amended in each of paragraphs

(5) through (11) by striking ‘‘chapter 385 of such title, as

amended’’ and inserting ‘‘chapter 388 of such title, as added’’.

ONFORMING

MENDMENTS TO

ROVISIONS OF

ITLE

10,

NITED

TATES

ODE

, T

HAT

RANSFERRED AND

EDESIGNATED

ITLE

XVIII

OF THE

FY2021 NDAA.—Title 10, United States

Code, as transferred and redesignated by title XVIII of the FY2021

NDAA, is amended as follows:

(1) Section 3221 of title 10, United States Code, as added

by subsection (a) and amended by subsection (b) of section

1812 of such Act, is amended in subsection (c) by striking

‘‘under this section’’ and inserting ‘‘under this chapter’’.

10 USC

2413–2419,

4952–4957, 4959.

10 USC 4864.

10 USC 4818.

10 USC 4814.

10 USC 2501

note.

10 USC 4801.

10 USC 4658.

10 USC 4505.

10 USC 4502.

10 USC 4372.

10 USC 4324.

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135 STAT. 2136 PUBLIC LAW 117–81—DEC. 27, 2021

(2) Section 3223 of such title, as added by subsection (a)

and amended by subsection (d) of section 1812 of such Act,

is amended by striking ‘‘under this section’’ in paragraph (2)

and inserting ‘‘under this chapter’’.

(3) Section 3702 of such title, as added and amended by

section 1831 of such Act, is amended—

(A) in subsection (a)(3) by striking ‘‘under this section’’

in the matter preceding subparagraph (A) and inserting

‘‘under this chapter’’; and

(B) in subsection (d), by striking ‘‘this section’’ and

inserting ‘‘this chapter’’.

(4) Section 4375 of such title, as added by subsection (a)

and amended by subsection (i) of section 1850 of such Act,

is amended in subsection (d)(7)—

(A) by striking ‘‘under the program (i) expressed as’’

and inserting ‘‘under the program—

‘‘(A) expressed as’’; and

(B) by striking ‘‘or subprogram, and (ii) expressed as’’

and inserting ‘‘or subprogram; and

‘‘(B) expressed as’’.

(d) C

ROSS

REFERENCE

MENDMENTS

ITHIN

RANSFERRED

TIONS

.—Title 10, United States Code, as transferred and redesig-

nated by title XVIII of the FY2021 NDAA, is amended as follows:

(1) Section 3131 of title 10, United States Code, as trans-

ferred and redesignated by section 1809(b) of such Act, is

amended in subsection (b)(1) by striking ‘‘section 2353’’ and

inserting ‘‘section 4141’’.

(2) Section 3137 of such title, as transferred and redesig-

nated by section 1809(h)(1) of such Act, is amended in sub-

section (b)(2) by striking ‘‘section 2330a’’ and inserting ‘‘section

4505’’.

(3) Section 3203 of such title, as added by paragraph (1)

and amended by paragraph (2) of section 1811(d)(2) of such

Act, is amended in subsection (c) by striking ‘‘paragraphs (1)

and (2)’’ and inserting ‘‘subsections (a)(1) and (b)’’.

(4) Section 3206 of such title, as added by paragraph (1)

and amended by paragraphs (2) and (3) of section 1811(e)(2)

of such Act, is amended in subsection (a)(3) by striking ‘‘sub-

paragraphs (A) and (B)’’ in the matter preceding subparagraph

(A) and inserting ‘‘paragraphs (1) and (2)’’.

(5) Section 3221 of such title, as added by subsection (a)

and amended by subsection (b) of section 1812 of such Act,

is amended in subsection (b)(2) by striking ‘‘chapter 144’’ before

‘‘of this title’’ and inserting ‘‘chapters 321, 324, and 325, sub-

chapter I of chapter 322, and sections 3042, 4232, 4273, 4293,

4321, 4323, and 4328’’.

(6) Section 3862 of such title, as transferred and redesig-

nated by section 1836(b) of such Act, is amended in subsection

(b) by striking ‘‘section 2303(a)’’ and inserting ‘‘section 3063’’.

(7) Section 4008 of such title, as transferred and redesig-

nated by section 1841(c) of such Act, is amended by striking

‘‘section 2303(a)’’ in subsections (a) and (d) and inserting ‘‘sec-

tion 3063’’.

(8) Section 4061 of such title, as transferred and redesig-

nated by section 1842(b) of such Act, is amended in subsection

(b)(5) by striking ‘‘section 2302e’’ and inserting ‘‘section 4004’’.

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135 STAT. 2137 PUBLIC LAW 117–81—DEC. 27, 2021

(9) Section 4062 of such title, as transferred and redesig-

nated by section 1842(b) of such Act, is amended—

(A) in subsection (c)(4)(A)—

(i) in clause (i), by striking ‘‘section 2433(d)’’ and

inserting ‘‘section 4374’’; and

(ii) in clause (ii), by striking ‘‘section 2433(e)(2)(A)’’

and inserting ‘‘section 4375(b)’’;

(B) in subsection (j), by striking ‘‘chapter 137’’ and

inserting ‘‘sections 3201 through 3205’’; and

section 2302(5) of this title)’’.

(10) Section 4171 of such title, as transferred and redesig-

nated by section 1845(b) of such Act, is amended in subsection

(a)(2)—

(A) in subparagraph (A), by striking ‘‘within the

meaning’’ and all that follows through ‘‘this title’’; and

(B) in subparagraph (B), by striking ‘‘under’’ and all

that follows through ‘‘this title’’ and inserting ‘‘under sec-

tion 4203(a)(1) of this title’’.

(11) Section 4324 of such title, as amended by section

802(a) and transferred and redesignated by section 1848(d)(1)

of such Act, is amended in subsection (d)—

(A) in paragraph (5), by striking ‘‘section 2430’’ in

subparagraph (A) and ‘‘section 2430(a)(1)(B)’’ in subpara-

graph (B) and inserting ‘‘section 4201’’ and ‘‘section

4201(a)(2) of this title’’, respectively;

(B) in paragraph (6), by striking ‘‘section 2366(e)(7)’’

and inserting ‘‘section 4172(e)(7)’’; and

and inserting ‘‘section 4211(e)(3)’’.

(12) Section 4375 of such title, as added by subsection

(a) and amended by subsection (h) section 1850), is amended

in subsection (c)(2)—

(A) in subparagraph (A), by striking ‘‘or (b)(2)’’; and

(B) in subparagraph (B)—

(i) by striking ‘‘or (b)(2)’’ ; and

(ii) by striking ‘‘subsection (b)(1)’’ and inserting

‘‘section 4376’’.

(13) Section 4505 of such title, as transferred and redesig-

nated by section 1856(g) of such Act, is amended by striking

‘‘section 2383(b)(3)’’ in subsection (h)(2) and inserting ‘‘section

4508(b)(3)’’.

(14) Section 4660 of such title, as transferred and redesig-

nated by section 1862(b) of such Act, is amended by striking

‘‘section 2324’’ in subsection (c)(2) and inserting ‘‘subchapter

I of chapter 273’’.

(15) Section 4814 of such title, as transferred and redesig-

nated by section 1867(b) of such Act, is amended by striking

‘‘subchapter V of chapter 148’’ in paragraph (5) of subsection

(a), as added by section 842(a)(2) of such Act, and inserting

‘‘chapter 385’’.

(16) Section 4819 of such title, as transferred and redesig-

nated by section 1867(b) of such Act and amended by section

843 of such Act, is amended in subsection (b)(2)—

(A) in subparagraph (C)(xi), by striking ‘‘section 2339a’’

and inserting ‘‘section 3252’’; and

(B) in subparagraph (E)—

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135 STAT. 2138 PUBLIC LAW 117–81—DEC. 27, 2021

(i) in clause (i), by striking ‘‘(as defined in section

2500(1) of this title)’’;

(ii) in clause (ii), by striking ‘‘section 2533a’’ and

inserting ‘‘section 4862’’; and

(iii) in clause (v), by striking ‘‘section 2521’’ and

inserting ‘‘sections 4841 and 4842’’.

(17) Section 4862 of such title, as transferred and redesig-

nated by section 1870(c)(2) of such Act, is amended by striking

‘‘section 2304(c)(2)’’ in subsection (d)(4) and inserting ‘‘section

3204(a)(2)’’.

(18) Section 4863 of such title, as transferred and redesig-

nated by section 1870(c)(2) of such Act, is amended—

(A) in subsection (c)(2), by striking ‘‘section 2304(c)(2)’’

and inserting ‘‘section 3204(a)(2)’’; and

(B) in subsection (f), by striking ‘‘section 2304(g)’’ and

inserting ‘‘section 3205’’.

(19) Section 4981 of such title, as transferred by subsection

(b) and redesignated by subsection (c) of section 1873 of such

Act, is amended by striking ‘‘section 2501(a)’’ in subsection

(a) and inserting ‘‘section 4811(a)’’.

(e) D

ISPOSITION OF

ITLE

10 A

CQUISITION

ROVISIONS

DDED BY THE

FY2021 NDAA.—

(1) T

RANSFER OF NEW SECTION 2339C

.—

(A) T

RANSFER

.—Section 2339c of title 10, United States

Code, as added by section 803 of the FY2021 NDAA, is

transferred to chapter 873 of such title, inserted after sec-

tion 8754, and redesignated as section 8755, and amended

in subsection (d)(3) by striking ‘‘section 2430’’ and inserting

‘‘section 4201’’.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of such chapter is amended by adding at

the end the following new item:

‘‘8755. Disclosures for offerors for certain shipbuilding major defense acquisition pro-

gram contracts.’’.

(2) T

RANSFER OF NEW SECTION 2533D

.—

(A) T

RANSFER

.—Section 2533d of title 10, United States

Code, as added by section 841(a) of the FY2021 NDAA,

is transferred to chapter 385 of such title, inserted after

section 4872 of subchapter III of such chapter, redesignated

as section 4873, and amended in subsection (a)(2) by

striking ‘‘section 2338’’ and inserting ‘‘section 3573’’.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of such chapter is amended by inserting

after the item relating to section 4872 the following new

item:

‘‘4873. Additional requirements pertaining to printed circuit boards.’’.

(3) T

RANSFER OF NEW SECTION 2358C

.—

(A) T

RANSFER

.—Section 2358c of title 10, United States

Code, as added by section 1115(a) of the FY2021 NDAA,

is transferred to subchapter II of chapter 303 of such

title, as added by section 1842(a) of the FY2021 NDAA,

inserted after section 4093, as transferred and redesignated

by section 1843(a) (as amended by this section), and

redesignated as section 4094.

(B) C

LERICAL AMENDMENTS

.—The table of sections at

the beginning of such chapter, as added by section 1842(a)

10 USC 4871

prec.

10 USC 8751

prec.

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135 STAT. 2139 PUBLIC LAW 117–81—DEC. 27, 2021

of the FY2021 NDAA (as amended by this section), is

amended by inserting after the item relating to section

4093 the following new item:

‘‘4094. Enhanced pay authority for certain research and technology positions in

science and technology reinvention laboratories.’’.

(4) T

RANSFER OF NEW SECTION 2374B

.—

(A) T

RANSFER

.—Section 2374b of title 10, United States

Code, as added by section 212(a)(1) of the FY2021 NDAA,

is transferred to subchapter II of chapter 301 of such

title, added at the end of such subchapter, and redesignated

as section 4027.

(B) C

LERICAL AMENDMENT

.—The table of sections at

the beginning of such chapter is amended by adding at

the end the following new item:

‘‘4027. Disclosure requirements for recipients of research and development funds.’’.

(f) A

MENDMENTS TO

ABLES OF

ECTIONS

.—Title 10, United

States Code, is amended as follows:

(1) The table of sections at the beginning of chapter 136

is amended by striking the item relating to section 2283.

(2) The table of sections at the beginning of chapter 165

is amended by striking the item relating to section 2784.

(3) The table of sections at the beginning of chapter 203,

as added by section 1807(a) of the FY2021 NDAA, is amended

in the item relating to section 3064 by inserting ‘‘of’’ after

‘‘Applicability’’.

(4) The table of sections at the beginning of chapter 223,

as added by section 1813(a) of such Act, is amended by striking

the item relating to section 3248 and inserting the following

new item:

‘‘3248. øReserved¿.’’.

(5) The table of sections at the beginning of subchapter

II of chapter 273, as added by section 1832(j) of such Act,

is amended by striking the items relating to sections 3764

and 3765.

(6) The table of sections at the beginning of subchapter

III of chapter 275, as added by section 1833(n) of such Act,

is amended by striking the item relating to section 3792 and

inserting the following new item:

‘‘3792. øReserved¿.’’.

(7) The table of sections at the beginning of subchapter

I of chapter 322, as added by section 1847(a), is amended

by striking the item relating to section 4212 and inserting

the following new item:

‘‘4212. Risk management and mitigation in major defense acquisition programs and

major systems.’’.

(8) The table of sections at the beginning of subchapter

II of chapter 322, as added by section 1847(a), is amended

10 USC 4231

prec.

10 USC 4211

prec.

10 USC 3791

prec.

10 USC 3761

prec.

10 USC 3241

prec.

10 USC 3062

prec.

10 USC 2771

prec.

10 USC 2281

prec.

10 USC 4001

prec.

10 USC 4061

prec.

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135 STAT. 2140 PUBLIC LAW 117–81—DEC. 27, 2021

by striking the item relating to section 4232 and inserting

the following new item:

‘‘4232. Prohibition on use of lowest price technically acceptable source selection proc-

ess.’’.

(9) The table of sections at the beginning of chapter 323,

as added by section 1848(a), is amended by striking the item

relating to section 4324 and inserting the following new item:

‘‘4324. Life-cycle management and product support.’’.

(10) The table of sections at the beginning of chapter 382,

as added by section 1867(a) of such Act, is amended by striking

the item relating to section 4814 and inserting the following

new item:

‘‘4814. National technology and industrial base: annual report and quarterly brief-

ings.’’.

(g) A

MENDMENTS TO

ABLES OF

HAPTERS

.—The tables of chap-

ters at the beginning of subtitle A, and at the beginning of part

V of subtitle A, of title 10, United States Code, are amended—

(1) in the items for chapters 203, 205, and 207, by striking

the section number at the end of each item and inserting

‘‘3061’’, ‘‘3101’’, and ‘‘3131’’, respectively;

(2) by striking the item for chapter 247 and inserting

the following:

‘‘247. Procurement of Commercial Products and Commercial Services ............ 3451’’;

(3) in the item for chapter 251, by striking the section

number at the end and inserting ‘‘3571’’;

(4) by striking the item for chapter 257 and inserting

the following:

‘‘257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and

Combat Vehicles .......................................................................................3671

‘‘258. Other Types of Contracts Used for Procurements for Particular Pur-

poses ..........................................................................................................3681’’; and

(5) by striking the last word in the item for the heading

for subpart D and inserting ‘‘Provisions’’.

(h) A

MENDMENTS TO

EADINGS

.—Subtitle A of title 10, United

States Code, is amended as follows:

(1) The heading of subpart D of part V is amended to

read as follows:

‘‘Subpart D—General Contracting Provisions’’.

(2) The heading of subchapter II of chapter 273, as added

by section 1832(j) of the FY2021 NDAA, is amended to read

as follows:

‘‘Subchapter II—Other Allowable Cost Provisions’’.

(i) A

MENDMENTS TO

ELETE

EADINGS

ROM

ECTIONS

PECI

FIED AS

‘‘R

ESERVED

’’.—Title XVIII of the FY2021 NDAA is amended

as follows:

(1) C

HAPTER 201

.—The matter inserted by section 1806(a)(1)

is amended—

(A) in each of the items relating to sections 3003 and

3005 in the table of sections at the beginning of subchapter

I, by striking the text after the section designation and

inserting ‘‘øReserved¿.’’;

(B) by striking section 3003 and inserting the following:

10 USC 3001

prec.

10 USC 101

prec., 3001 prec.

10 USC 4811

prec.

10 USC 4321

prec.

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135 STAT. 2141 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘§ 3003. øReserved¿’’; and

‘‘§ 3005. øReserved¿’’.

(2) C

HAPTER 209

.—

(A) In the table of contents for chapter 209 inserted

by section 1810(a), by striking the text after the subchapter

II designation and inserting ‘‘øReserved¿’’.

(B) Section 1810(d) is amended to read as follows:

‘‘(d) A

DDITIONAL

UBCHAPTER

.—Chapter 209 of title 10, United

States Code, is amended by adding at the end the following new

subchapter:

‘‘ ‘SUBCHAPTER II—øRESERVED¿

‘‘ ‘Sec.

‘‘ ‘3171. øReserved¿.

‘‘ ‘3172. øReserved¿.

‘‘ ‘§ 3171. øReserved¿

‘‘ ‘§ 3172. øReserved¿’.’’.

(3) C

HAPTER 225

.—The matter inserted by section 1813(h)

is amended by striking the text after the chapter designation

and inserting ‘‘øReserved¿’’.

(4) C

HAPTER 242

.—The matter inserted by section 1817(a)

is amended—

(A) in the item relating to section 3324 in the table

of sections, by striking the text after the section designation

and inserting ‘‘øReserved¿.’’; and

(B) by striking section 3324 and inserting the following:

‘‘§ 3324. øReserved¿’’.

(5) C

HAPTER 253

.—

(A) The tables of chapters at the beginning of subtitle

A, and at the beginning of part V of subtitle A, of title

10, United States Code, are amended by striking the text

after the chapter designation for chapter 253 in each place

and inserting ‘‘øReserved¿’’.

(B) Section 1824 is amended—

(i) in the matter inserted by subsection (a), by

striking the text after the chapter designation and

inserting ‘‘øReserved¿’’; and

(ii) in the matter inserted by subsection (b), by

striking the text after the chapter designation and

inserting ‘‘øReserved¿’’.

(6) C

HAPTER 272

.—The matter inserted by section 1831(k)

is amended—

(A) by striking the text after the chapter designation

and inserting ‘‘øReserved¿’’; and

(B) by striking all after the chapter heading and

inserting the following:

‘‘Sec.

‘‘3721. øReserved¿.

‘‘3722. øReserved¿.

‘‘3723. øReserved¿.

‘‘3724. øReserved¿.

10 USC 3721

prec.

10 USC 3721

prec.

10 USC 101

prec., 3001 prec.

10 USC 3671

prec.

10 USC 101

prec., 3001 prec.

10 USC 3321

prec.

10 USC 3301

prec.

10 USC 3171

prec.

10 USC 3151

prec.

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135 STAT. 2142 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘§ 3721. øReserved¿

‘‘§ 3722. øReserved¿

‘‘§ 3723. øReserved¿

‘‘§ 3724. øReserved¿’’.

(7) C

HAPTER 279

.—

(A) The matter inserted by section 1835(a) is amended

in the table of sections by striking the text after the section

designation in each of the items relating to sections 3843,

3844, and 3846 and inserting ‘‘øReserved¿.’’.

(B) Section 1835(e) is amended—

(i) by striking the matter inserted by paragraph

(1) and inserting the following:

‘‘§ 3843. øReserved¿

‘‘§ 3844. øReserved¿’’; and

(ii) by striking matter inserted by paragraph (2)

and inserting the following:

‘‘§ 3846. øReserved¿’’.

(8) C

HAPTER 283

.—

(A) The tables of chapters at the beginning of subtitle

A, and at the beginning of part V of subtitle A, of title

10, United States Code, are amended by striking the text

after the chapter designation for chapter 283 in each place

and inserting ‘‘øReserved¿’’.

(B) Section 1837 is amended to read as follows:

‘‘SEC. 1837. RESERVATION OF CHAPTER 283.

‘‘Part V of subtitle A of title 10, United States Code, as added

by section 801 of the John S. McCain National Defense Authoriza-

tion Act for Fiscal Year 2019 (Public Law 115– 232), is amended

by striking chapter 283 and inserting the following:

‘‘ ‘CHAPTER 283—øRESERVED¿’.’’.

(9) C

HAPTER 343

.—Section 1856 is amended—

(A) in the matter to be inserted by subsection (a),

by striking the text following the designation of chapter

343 and inserting ‘‘øReserved¿’’; and

(B) by amending the matter to be inserted by sub-

section (j) to read as follows:

‘‘CHAPTER 343—øRESERVED¿

‘‘Subchapter Sec.

‘‘I. øReserved¿ ........................................................................................................ 4541

‘‘II. øReserved¿ ....................................................................................................... 4551

‘‘SUBCHAPTER I—øRESERVED¿

‘‘Sec.

‘‘4541. øReserved¿.

‘‘SUBCHAPTER II—øRESERVED¿

‘‘Sec.

‘‘4551. øReserved¿.’’.

10 USC 4751

prec.

10 USC 101

prec., 3001 prec.

10 USC 2327,

3901 prec.

10 USC 101

prec., 3001 prec.

10 USC 3841

prec.

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135 STAT. 2143 PUBLIC LAW 117–81—DEC. 27, 2021

(10) C

HAPTER 387

.—Section 1871 is amended by amending

the matter to be inserted by subsection (a)(2)—

(A) by inserting after the item relating to subchapter

I the following new item:

‘‘II. øReserved¿ .......................................................................................................4991’’; and

(B) by inserting after the item relating to section 4901

the following new item:

‘‘SUBCHAPTER II—øRESERVED¿

‘‘Sec.

‘‘4911. øReserved¿.’’.

(j) R

EVISED

ECTION

ELATING TO

EGULATIONS

.—Section

1807(b) of the FY2021 NDAA is amended in the matter to be

inserted by paragraph (1), by striking ‘‘shall prescribe’’ and inserting

‘‘is required by section 2202 of this title to prescribe’’.

(k) R

EVISED

RANSFER OF

ECTIONS

ELATING TO

ULTIYEAR

ONTRACTS FOR

CQUISITION OF

ROPERTY

.—Section 1822 of the

FY2021 NDAA is amended as follows:

(1) R

EVISED SECTIONS

.—In the matter to be inserted by

subsection (a)—

(A) in the table of sections for subchapter I, by striking

the items relating to sections 3501 through 3511 and

inserting the following:

‘‘3501. Multiyear contracts: acquisition of property.’’; and

(B) by striking the section headings for sections 3501

through 3511 and inserting the following:

‘‘§ 3501. Multiyear contracts: acquisition of property’’.

(2) T

RANSFER OF SECTION 2306B

.—Such section is further

amended—

(A) by striking subsections (b) through (l); and

(B) by inserting after subsection (a) the following new

section:

‘‘(b) T

RANSFER OF

ECTION

2306

.—Section 2306b of title 10,

United States Code, is transferred to section 3501 of such title,

as added by subsection (a).’’.

(3) T

RANSFER OF SECTION 2306C

.—Such section is further

amended—

(A) in the matter to be inserted by subsection (m)—

(i) in the table of sections, by striking the items

relating to sections 3531 through 3535 and inserting

the following:

‘‘3531. Multiyear contracts: acquisition of services.’’; and

(ii) by striking the section headings for sections

3531 through 3535 and inserting the following:

‘‘§ 3531. Multiyear contracts: acquisition of services’’;

(B) by redesignating such subsection (m) as subsection

(c);

(D) by adding after subsection (c) (as so redesignated)

the following new subsection:

‘‘(d) T

RANSFER OF

ECTION

2306

.—Section 2306c of title 10,

United States Code, is transferred to section 3531 of such title,

as added by subsection (c).’’.

10 USC 2396c,

3531–3535.

10 USC 3531

prec., 2531–3535.

10 USC 3531.

10 USC 3531

prec.

10 USC 2396b,

3501–3511.

10 USC 3501.

10 USC 3501

prec.

10 USC 3062.

10 USC 4951

prec.

10 USC 4901

prec.

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135 STAT. 2144 PUBLIC LAW 117–81—DEC. 27, 2021

(4) C

ONFORMING REDESIGNATION

.—Such section is further

amended by redesignating subsection (t) as subsection (e).

(l) R

ENAMING OF

HAPTER

287.—

(1) R

ENAMING OF CHAPTER

.—Section 1838 of the FY2021

NDAA is amended—

(A) in the section heading, by striking the penultimate

word in the heading and inserting ‘‘

OTHER CONTRACTING

’’;

and

(B) by striking the penultimate word in the chapter

heading in the matter inserted by subsection (a) and

inserting ‘‘OTHER CONTRACTING’’.

(2) T

ABLES OF CHAPTERS

.—The tables of chapters at the

beginning of subtitle A, and at the beginning of part V of

subtitle A, of title 10, United States Code, are amended by

striking the item relating to chapter 287 and inserting the

following new item:

‘‘287. Other Contracting Programs ...................................................................... 3961’’.

(m) R

EVISED

RANSFER OF

ECTIONS

ITHIN

HAPTER

388.—

(1) T

RANSFER

.—Section 1872(a) of title XVIII of the FY2021

NDAA, as amended by this section, is further amended—

(A) by amending paragraph (2) to read as follows:

‘‘(2) T

RANSFER

.—The text of section 2411 of title 10, United

States Code, is transferred to section 4951 of such title, as

added by paragraph (1).’’;

(B) by amending paragraph (3) to read as follows:

‘‘(3) T

RANSFER OF SECTION 2412

.—The text of section 2412

of title 10, United States Code, is transferred to section 4952

of such title, as added by paragraph (1).’’; and

‘‘(4) T

RANSFER OF SECTION 2420

.—The text of section 2420

of title 10, United States Code, is transferred to section 4953

of such title, as added by paragraph (1).’’.

(2) C

ONFORMING AMENDMENTS

.—Such section 1872(a) is

further amended—

(A) in paragraph (5)—

(i) by striking ‘‘inserted after section 4951, redesig-

nated as section 4952’’ and inserting ‘‘inserted after

section 4953, redesignated as section 4954’’;

(ii) in the matter to be inserted by subparagraph

(B)(ii), by striking ‘‘section 4957(b)’’ and inserting ‘‘sec-

tion 4959(b)’’;

(B) in paragraph (6)—

(i) by striking ‘‘section 4952’’ and inserting ‘‘section

4954’’;

(ii) by striking ‘‘section 4953’’ and inserting ‘‘section

4955’’;

(iii) in the matter to be inserted by subparagraph

(B), by striking ‘‘section 4951(b)(1)(D)’’ and inserting

‘‘section 4951(1)(D)’’; and

(iv) in the matter to be inserted by subparagraph

(C), by striking ‘‘section 4957(b)’’ and inserting ‘‘section

4959(b)’’;

(i) by striking ‘‘section 4953’’ and inserting ‘‘section

4955’’;

(ii) by striking ‘‘section 4954’’ and inserting ‘‘section

4956’’;

10 USC 2415,

4956.

10 USC 2414,

4855.

10 USC 2411,

2412, 4951, 4952.

10 USC 101

prec., 3001 prec.

10 USC 3901

prec.

10 USC 2410o,

3531 prec., 3551.

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135 STAT. 2145 PUBLIC LAW 117–81—DEC. 27, 2021

(D) in paragraph (8)—

(i) by striking ‘‘section 4954’’ and inserting ‘‘section

4956’’;

(ii) by striking ‘‘section 4955’’ and inserting ‘‘section

4957’’;

(E) in paragraph (9)—

(i) by striking ‘‘section 4955’’ and inserting ‘‘section

4957’’;

(ii) by striking ‘‘section 4956’’ and inserting ‘‘section

4958’’;

(F) in paragraph (10)—

(i) by striking ‘‘section 4956’’ and inserting ‘‘section

4958’’;

(ii) by striking ‘‘section 4957’’ and inserting ‘‘section

4959’’;

(G) in paragraph (11)—

(i) by striking ‘‘inserted after section 4957, as

added by paragraph (10),’’ and inserting ‘‘added at

the end of such chapter’’; and

(ii) by striking ‘‘section 4959’’ and inserting ‘‘section

4961’’.

(3) T

ABLE OF SECTIONS

.—Section 1872(a)(B) of the FY2021

NDAA is amended by striking the matter to be inserted and

inserting the following:

‘‘CHAPTER 388—PROCUREMENT TECHNICAL

ASSISTANCE COOPERATIVE AGREEMENT PROGRAM

‘‘4951. Definitions.

‘‘4952. Purposes.

‘‘4953. Regulations.

‘‘4954. Cooperative agreements.

‘‘4955. Funding.

‘‘4956. Distribution.

‘‘4957. Subcontractor information.

‘‘4958. Authority to provide certain types of technical assistance.

‘‘4959. Advancing small business growth.

‘‘4960. [Reserved].

‘‘4961. Administrative and other costs.

‘‘SEC. 4951. DEFINITIONS.

‘‘SEC. 4952. PURPOSES.

‘‘SEC. 4953. REGULATIONS.’’.

(n) R

EVISED

ECTION

ELATING TO

AVY

ONTRACT

INANCING

.—Title XVIII of the FY2021 NDAA is amended as fol-

lows:

(1) R

EVISED PLACEMENT

.—The matter to be inserted by

section 1834(a) is amended—

(A) in the table of sections, by adding at the following

new item:

‘‘3808. Certain Navy contracts.’’; and

(B) by adding after the heading for section 3807 the

following:

‘‘§ 3808. Certain Navy contracts’’.

(2) T

RANSFER OF SECTION 2307(G)

.—Section 1834 is further

amended by adding at the end the following new subsection:

‘‘(i) T

RANSFER OF

UBSECTION

(

)

ECTION

2307.—

10 USC 2307,

3808.

10 USC 3808.

10 USC 3801

prec.

10 USC 4953.

10 USC 4952.

10 USC 4951.

10 USC 4951

prec.

10 USC 2417,

4961.

10 USC 2419,

4959.

10 USC 2418,

4958.

10 USC 2416,

4957.

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135 STAT. 2146 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(1) T

RANSFER

.—Subsection (g) of section 2307 of title 10,

United States Code, is transferred to section 3808 of such

title, as added by subsection (a), inserted after the section

heading, and amended—

‘‘(A) by striking the subsection designation and sub-

section heading; and

‘‘(B) by redesignating paragraphs (1), (2), and (3) as

subsections (a), (b), and (c), respectively.

‘‘(2) R

EVISIONS TO NEW 3808(A)

.—Subsection (a) of such sec-

tion 3808, as so transferred and redesignated, is amended—

‘‘(A) by inserting ‘R

EPAIR

, M

AINTENANCE

VERHAUL

AVAL

ESSELS

: R

ATE FOR

ROGRESS

AYMENTS

.—’

before ‘The Secretary of the Navy’; and

‘‘(B) by redesignating subparagraphs (A) and (B) as

paragraphs (1) and (2), respectively.

‘‘(3) R

EVISIONS TO NEW 3808(B)

.—Subsection (b) of such sec-

tion 3808, as so transferred and redesignated, is amended—

‘‘(A) by inserting ‘A

UTHORITY TO

DVANCE

UNDS FOR

MMEDIATE

ALVAGE

PERATIONS

.—’ before ‘The Secretary

of the Navy’; and

‘‘(B) by striking ‘this paragraph’ in the second sentence

and inserting ‘this subsection’.

‘‘(4) R

EVISIONS TO NEW 3808(C)

.—Subsection (c) of such sec-

tion 3808, as so transferred and redesignated, is amended by

inserting ‘S

ECURITY FOR

ONSTRUCTION AND

ONVERSION OF

AVAL

ESSELS

.—’ before ‘The Secretary of the Navy’.

‘‘(5) C

ONFORMING AMENDMENT

.—Section 8702(c) is amended

by striking ‘section 2307(g)(2)’ and inserting ‘section 3808(b)’.’ ’’’.

(3) R

EPEAL OF PRIOR TRANSFER

.—Section 1876 is repealed.

(o) R

EVISED

RANSFER

ELATING TO

ELECTED

CQUISITION

EPORTS

.—

(1) T

RANSFER AS SINGLE SECTION

.—

(A) Subsection (a) section 1849 of the FY2021 NDAA

is amended in the matter to be inserted by striking all

after the chapter heading and inserting the following:

‘‘Sec.

‘‘4351. Selected Acquisition Reports.’’.

(B) Subsection (b) of such section 1849 is amended

to read as follows:

‘‘(b) T

RANSFER OF

ECTION

2432.—Section 2432 of title 10,

United States Code, is transferred to chapter 324 of such title,

as added by subsection (a), and redesignated as section 4351.’’.

(2) C

ONFORMING AMENDMENTS

.—

(A) The section heading for section 1849 of the FY2021

NDAA is amended to read as follows:

‘‘SEC. 1849. SELECTED ACQUISITION REPORTS.’’.

(B) Section 1849 of the FY2021 NDAA is amended

in the matter to be inserted by striking the text after

the chapter designation and inserting ‘‘SELECTED

ACQUISITION REPORTS’’.

(3) C

ROSS

REFERENCE AMENDMENTS IN SECTION 4351(C)

.—

Subsection (c) of such section 1849 is amended to read as

follows:

‘‘(c) C

ROSS

REFERENCE

MENDMENTS IN

ECTION

4351(

).—Subsection (c)(1) of such section, as so transferred and

redesignated, is amended—

10 USC 4350

prec., 4351 prec.

10 USC 4350,

4351 prec.

10 USC 2432,

4350.

10 USC 4350

prec., 4351 prec.

10 USC 2307,

8661 prec., 8702.

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135 STAT. 2147 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(1) by striking ‘section 2431’ in subparagraph (A) and

inserting ‘section 4205’;

‘‘(2) by striking ‘section 2433(a)(2)’ in subparagraph (B)(i)

and inserting ‘section 4371(a)(4)’;

‘‘(3) by striking ‘section 2435(d)(1)’ in subparagraph (B)(ii)

and inserting ‘section 4214(d)(1)’;

‘‘(4) by striking ‘section 2435(d)(2)’ in subparagraph (B)(iii)

and inserting ‘section 4214(d)(2)’;

‘‘(5) by striking ‘section 2432(e)(4)’ in subparagraph (B)(iv)

and inserting ‘section 4355(4)’; and

‘‘(6) by striking ‘section 2446a’ in subparagraph (G) and

inserting ‘section 4401’.’ ’’’.

(4) C

ROSS

REFERENCE AMENDMENT IN SECTION 4351(H)

.—

Subsection (d) of such section 1849 is amended to read as

follows:

‘‘(d) C

ROSS

REFERENCE

MENDMENT IN

ECTION

4351(

).—

Subsection (h)(2)(A) of such section, as so transferred and redesig-

nated, is amended by striking ‘section 2431’ and inserting ‘section

4205’.’ ’’’.

(5) D

ELETION OF SUPERSEDED AMENDMENTS

.—Such section

1849 is further amended—

(A) by striking subsections (e) through (k); and

(B) redesignating subsections (l) and (m) as subsections

(e) and (f), respectively.

(6) C

ONFORMING CROSS

REFERENCE AMENDMENTS

.—Title

XVIII of the FY2021 NDAA is amended—

(A) in section 1812—

(i) in subsection (b)(2)(D), by striking ‘‘section

4353(a)’’ in the matter to be inserted and inserting

‘‘section 4351(c)(1)’’; and

(ii) in subsection (f)(2)(C), by striking ‘‘sections

4351 through 4358’’ in the matter to be inserted and

inserting ‘‘section 4351’’;

(B) in section 1846—

(i) in subsection (f)(5)(C), by striking ‘‘sections 4351

through 4358’’ in the matter to be inserted and

inserting ‘‘section 4351’’; and

(ii) in subsection (g)(1), by striking ‘‘section 4351’’

in the matter to be inserted and inserting ‘‘section

4351(a)’’;

(i) in subsection (b)(4)(B)(iii), by striking ‘‘sections

4351 through 4358’’ in the matter to be inserted and

inserting ‘‘section 4351’’;

(ii) in subsection (c)(1)(A)(i), by striking ‘‘sections

4351 through 4358’’ in the matter to be inserted and

inserting ‘‘section 4351’’;

(iii) in subsection (d)(2)(C)(ii), by striking ‘‘sections

4351 through 4358’’ in the matter to be inserted and

inserting ‘‘section 4351’’; and

(iv) in subsection (e)(1)(A), by striking ‘‘section

4351(2)’’ in the matter to be inserted and inserting

‘‘section 4351(a)(2)’’;

(D) in section 1849(f) (as so redesignated), by striking

‘‘chapter 324’’ in the matter to be inserted and inserting

‘‘section 4351’’; and

(E) in section 1850—

10 USC 1734,

8671.

10 USC 4271.

10 USC 4252.

10 USC 4231.

10 USC 4214.

10 USC 4203.

10 USC 4204.

10 USC 3225.

10 USC 3221.

10 USC 2432,

4353–4358.

10 USC 1734,

2432, 8671.

10 USC 2432,

4351, 4352.

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135 STAT. 2148 PUBLIC LAW 117–81—DEC. 27, 2021

(i) in subsection (b)(3)(A)(ii), by striking ‘‘section

4351’’ in the matter to be inserted and inserting ‘‘sec-

tion 4351(a)’’;

(ii) in subsection (c)(2), by striking ‘‘section 4358’’

in the matter to be inserted and inserting ‘‘section

4351(h)’’;

(iii) in subsection (e)(4)(A), by striking ‘‘section

4352(c)’’ in the matter to be inserted and inserting

‘‘section 4351(b)(3)’’;

(iv) in subsection (h)(2)(C)(ii), by striking ‘‘and

inserting’’ and all that follows through ‘‘respectively’’

and inserting ‘‘and inserting ‘section 4351(e)’ and ‘sec-

tion 4351(f)’, respectively’’;

(v) in subsection (j)(3)(B)(ii), by striking ‘‘section

4356(a)’’ in the matter to be inserted and inserting

‘‘section 4351(f)’’;

(vi) in subsection (k)(4)(D), by striking ‘‘section

4352’’ in the matter to be inserted and inserting ‘‘sec-

tion 4351’’; and

(vii) in subsection (k)(6)(D)(i)(II), by striking ‘‘sec-

tion 4356’’ in the matter to be inserted and inserting

‘‘section 4351(f)’’.

(p) T

RANSFER OF

ECTIONS

2196 & 2197

HAPTER

384

(

MANUFACTURING

ECHNOLOGY

).—

(1) T

RANSFER

.—Section 1869(d) of the FY2021 NDAA is

amended—

(A) by striking ‘‘S

ECTION

2522.—Section 2522 of title

10, United States Code, is’’ and inserting ‘‘S

ECTIONS

2196,

2197,

AND

2522.—

‘‘(1) T

RANSFER

.—Sections 2196, 2197, and 2522 of title 10,

United States Code, are’’;

(B) by striking ‘‘as section 4843’’ and inserting ‘‘as

sections 4843, 4844, and 4845, respectively’’; and

‘‘(2) C

ONFORMING AMENDMENTS

.—Section 4844, as trans-

ferred and redesignated by paragraph (1), is amended in sub-

section (a)(6), by striking ‘section 2196’ and inserting ‘section

4843’.’’.

(2) T

ABLES OF SECTIONS

.—

(A) C

HAPTER 384

.—Section 1869(a) of the FY2021

NDAA is amended in the matter to be inserted by striking

the item relating to section 4843 and inserting the fol-

lowing:

‘‘4843. Manufacturing engineering education program.

‘‘4844. Manufacturing experts in the classroom.

‘‘4845. Armament retooling and manufacturing.’’.

(B) C

HAPTER 111

.—The table of sections at the begin-

ning of chapter 111 of title 10, United States Code, is

amended by striking the items relating to sections 2196

and 2197.

(q) R

EVISED

RANSFER OF

ECTION

2358

.—Title XVIII of the

FY2021 NDAA is amended as follows:

(1) D

ELETION OF TRANSFER TO CHAPTER 303

.—Section

1842(b) is amended—

(A) by striking ‘‘2358b,’’; and

(B) by striking ‘‘4064,’’.

10 USC 2358b,

2359a, 2359b,

2361a, 2365,

2374a,

4061–4063,

4065, 4066.

10 USC 2191

prec.

10 USC 4841

prec.

10 USC 2522,

4845, 2196, 4843,

2197, 4844.

10 USC 4377.

10 USC 4376.

10 USC 4375.

10 USC 4372.

10 USC 4371.

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135 STAT. 2149 PUBLIC LAW 117–81—DEC. 27, 2021

(2) T

RANSFER TO CHAPTER 87

.—Subtitle J of title XVIII

of the FY2021 NDAA is amended by inserting after section

1878 the following new section:

‘‘SEC. 1878A. TRANSFER OF TITLE 10 SECTION RELATING TO JOINT

RESERVE DETACHMENT OF DEFENSE INNOVATION UNIT.

‘‘(a) T

RANSFER

.—Section 2358b of title 10, United States Code,

is transferred to subchapter V of chapter 87 of such title, inserted

after section 1765, and redesignated as section 1766.

‘‘(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such subchapter is amended by adding at the end the

following new item:

‘‘1766. Joint reserve detachment of the Defense Innovation Unit.’’.

(r) R

EVISED

ECTION

ELATING TO

CQUISITION

UNC

TIONS OF

HIEFS OF THE

RMED

ORCES

.—Title XVIII of the FY2021

NDAA is amended as follows:

(1) D

ELETION OF SEPARATE SECTION FOR ACQUISITIONS

FUNCTIONS OF SERVICE CHIEFS

.—Section 1847 is amended—

(A) in the matter to be inserted by subsection (a),

by striking the item relating to section 4274 in the table

of sections for subchapter IV and inserting:

‘‘4274. øReserved¿.’’; and

(B) in subsection (e), by striking paragraphs (4), (5),

and (6)(B).

(2) C

ROSS

REFERENCE AMENDMENT

.—Section 1808(d) is

amended by adding at the end the following new paragraph:

‘‘(3) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and

9033(d)(5) of such title are amended by striking ‘and 2547’

and inserting ‘and 3104’.’ ’’’.

(s) R

EVISED

RANSFER OF

ECTION

ELATING TO

ATIONAL

ECHNOLOGY AND

NDUSTRIAL

ASE

.—Title XVIII of the FY2021

NDAA is amended as follows:

(1) D

ELETION OF PREVIOUS TRANSFER OF SECTION 2440

.—

Section 1847(b)(2) is amended—

(A) by striking ‘‘T

RANSFER OF

’’ and all that follow

through ‘‘(B)’’; and

(B) by striking ‘‘paragraph (3)’’ in the matter to be

inserted and inserting ‘‘section 4820 of this title’’.

(2) R

EVISED TRANSFER

.—

(A) Section 2440 of title 10, United States Code, as

amended by section 846(b) of the FY2021 NDAA, is trans-

ferred to chapter 382 of such title, inserted after section

4819, and redesignated as section 4820.

(B) The table of sections at the beginning of such

chapter is amended by adding at the end the following

new item:

‘‘4820. National technology and industrial base plans, policy, and guidance.’’.

nated, is amended—

(i) in subsection (a), by striking ‘‘section 2501’’

and inserting ‘‘section 4811’’; and

(ii) in subsection (b), by striking ‘‘chapter 148’’

and inserting ‘‘subchapters 381 through 385 and sub-

chapter 389’’.

(t) R

EVISION OF

UBCHAPTER

III

HAPTER

385.—Section

1870(d) of the FY2021 NDAA is amended—

10 USC 4811

prec.

10 USC 4211.

10 USC 2440,

4211.

10 USC 2547,

7033, 8033, 8043,

9033.

10 USC 4271

prec.

10 USC 1761

prec.

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135 STAT. 2150 PUBLIC LAW 117–81—DEC. 27, 2021

(1) in the matter inserted by paragraph (1)—

(A) by striking the items relating to sections 4871

and 4872 and inserting the following new items:

‘‘4871. Contracts: consideration of national security objectives.

‘‘4872. Acquisition of sensitive materials from non-allied foreign nations: prohibi-

tion.’’; and

(B) by adding after the item relating to section 4873,

as added by this section, the following new item:

‘‘4874. Award of certain contracts to entities controlled by a foreign government:

prohibition.’’;

(2) in paragraph (2)—

(A) in the paragraph heading, by striking ‘‘sections

2533c and 2536’’ and inserting ‘‘sections 2327, 2533c, and

2536’’;

(B) by striking ‘‘sections 2533c and 2536 of title 10’’

and inserting ‘‘sections 2327, 2533c, and 2536 of title 10’’;

and

‘‘sections 4871, 4872, and 4874’’;

(3) in paragraph (3)—

(A) in subparagraph (A), by striking ‘‘Section 4871’’

and inserting ‘‘Section 4872’’; and

(B) in the matter inserted by subparagraph (B), by

striking ‘‘4871’’ and inserting ‘‘4872’’; and

(4) in the matter inserted by paragraph (4), by striking

‘‘section 4872(c)(1)’’ and inserting ‘‘section 4874(c)(1)’’.

(u) R

ESTRUCTURING OF

HAPTERS OF

UBPART

E (

RESEARCH

& E

NGINEERING

).—Section 1841 of the FY2021 NDAA is amended

as follows:

(1) R

EVISED SUBPART E

.—The matter to be inserted by

subsection (a)(2) is amended to read as follows:

‘‘Subpart E—Research and Engineering

‘‘301. Research and Engineering Generally ......................................................... 4001

‘‘303. Research and Engineering Activities ......................................................... 4061

‘‘305. Universities .................................................................................................. 4131

‘‘307. Test and Evaluation .................................................................................... 4171’’.

(2) R

EVISED CHAPTER 301

.—Section 1841 of the FY2021

NDAA is further amended as follows:

(A) R

EVISED TABLE OF SECTIONS

.—The matter to be

inserted by subsection (a)(1)(B) is amended—

(i) by inserting after the item relating to chapter

301 the following:

‘‘SUBCHAPTER I—GENERAL’’;

(ii) by striking the items relating to sections 4002,

4003, and 4004 and inserting the following:

‘‘4002. øReserved¿.

‘‘4003. øReserved¿.

‘‘4004. Contract authority for development and demonstration of initial or additional

prototype units.’’;

(iii) by striking the items relating to sections 4008

and 4009 and inserting the following:

‘‘4008. øReserved¿.

‘‘4009. øReserved¿.’’; and

10 USC 4001

prec.

10 USC 101

prec., 3001 prec.

10 USC 2572.

10 USC 4871

prec.

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135 STAT. 2151 PUBLIC LAW 117–81—DEC. 27, 2021

(iv) by striking the item relating to section 4015

and inserting the following:

‘‘SUBCHAPTER II—AGREEMENTS

‘‘4021. Research projects: transactions other than contracts and grants.

‘‘4022. Authority of the Department of Defense to carry out certain prototype

projects.

‘‘4023. Procurement for experimental purposes.

‘‘4024. Merit-based award of grants for research and development.

‘‘4025. Prizes for advanced technology achievements.

‘‘4026. Cooperative research and development agreements under Stevenson-Wydler

Technology.’’.

(B) R

EVISED TRANSFER OF TITLE 10 SECTIONS

.—Sub-

section (b)(1) is amended—

(i) by inserting ‘‘2302e, 2359,’’ after ‘‘2358,’’;

(ii) by striking ‘‘and 2373’’ and inserting ‘‘, 2373,

2374, 2374a, and 2371a’’;

(iii) by striking ‘‘4002, 4003, and’’; and

(iv) by inserting ‘‘, 4007, 4021, 4022, 4023, 4024,

4025, and 4026’’ before ‘‘, respectively’’.

ECHNICAL AMENDMENT

.—Subsection (b)(2)(A)(i) is

amended by striking ‘‘by striking’’ and all that follows

through the semicolon at the end and inserting ‘‘by striking

‘section 2371 or 2371b’ and inserting ‘section 4021 or

4022’;’’.

(D) D

ESIGNATION OF SUBCHAPTERS

.—Subsection (c) is

amended to read as follows:

‘‘(c) D

ESIGNATION OF

UBCHAPTERS

.—Chapter 301 of such title,

as added by subsection (a), is amended—

‘‘(1) by inserting before section 4001, as transferred and

redesignated by subsection (b)(1), the following:

‘‘ ‘Subchapter I—General’; and

‘‘(2) by inserting before section 4021, as transferred and

redesignated by subsection (b)(1), the following:

‘‘ ‘Subchapter II—Agreements’.’’.

(E) R

EVISED TRANSFER OF SECTION 2364(A)

.—Subsection

(d)(1) is amended by striking ‘‘section 4009’’ and inserting

‘‘section 4007’’.

(F) R

EVISED CROSS

REFERENCE AMENDMENTS

.—

(i) Subsection (b)(2) is amended—

(I) in subparagraph (A)(ii), by striking ‘‘sec-

tions 4004’’ in the matter to be inserted and

inserting ‘‘section 4023’’;

(II) in subparagraph (A)(iii), by striking ‘‘sec-

tions 4002 and 4143’’ in the matter to be inserted

and inserting ‘‘sections 4021 and 4026’’;

(III) in subparagraph (B), by striking ‘‘Section

4002’’ and inserting ‘‘Section 4021’’;

(IV) in subparagraph (C)—

(aa) by striking ‘‘Section 4003’’ and

inserting ‘‘Section 4022’’; and

(bb) by striking ‘‘section 4002’’ in the

matter to be inserted and inserting ‘‘section

4021’’; and

10 USC 4001.

10 USC 2364,

4014.

10 USC 2357,

2359, 2361, 2374,

4001 prec., 4021

prec.

10 USC 4001.

10 USC 4004,

4007, 4021–4026,

2358, 2371,

2371b, 2373,

4001, 4002.

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135 STAT. 2152 PUBLIC LAW 117–81—DEC. 27, 2021

(V) by adding at the end the following new

subparagraph:

‘‘(D) Section 4004 of such title, as so transferred and

redesignated, is amended by striking ‘section 2302(2)(B)’

in subsection (a) and inserting ‘section 3012(2)’.’’.

(ii) Subsection (e)(2) is amended by striking ‘‘sec-

tion 4003’’ in the matter to be inserted and inserting

‘‘section 4022’’.

(3) R

EVISED CHAPTER 303

SUBCHAPTER I

.—Section 1842 of

the FY2021 NDAA is amended as follows:

(A) R

EVISED HEADING AND TABLE OF SECTIONS

.—The

matter to be inserted by subsection (a) is amended to

read as follows:

‘‘CHAPTER 303—RESEARCH AND ENGINEERING

ACTIVITIES

‘‘S

UBCHAPTER

I—G

ENERAL

‘‘Sec.

‘‘4061. Defense Research and Development Rapid Innovation Program.

‘‘4062. Defense Acquisition Challenge Program.

‘‘4063. øReserved¿.

‘‘4064. øReserved¿.

‘‘4065. øReserved¿.

‘‘4066. Global Research Watch Program.

‘‘4067. Technology protection features activities.

‘‘S

UBCHAPTER

II—P

ERSONNEL

‘‘4091. Authorities for certain positions at science and technology reinvention labora-

tories.

‘‘4092. Personnel management authority to attract experts in science and engineer-

ing.

‘‘4093. Science, Mathematics, and Research for Transformation (SMART) Defense

Education Program.

‘‘S

UBCHAPTER

III—R

ESEARCH AND

EVELOPMENT

ENTERS AND

ACILITIES

‘‘4121. øReserved¿.

‘‘4122. øReserved¿.

‘‘4123. Mechanisms to provide funds for defense laboratories for research and devel-

opment of technologies for military missions.

‘‘4124. Centers for Science, Technology, and Engineering Partnership.

‘‘4125. Functions of Defense research facilities.

‘‘4126. Use of federally funded research and development centers.

‘‘Subchapter I—General

‘‘Subchapter II—Personnel

‘‘Subchapter III—Research and Development Centers and

Facilities’’.

(B) T

RANSFER OF TITLE 10 SECTIONS TO SUBCHAPTER

.—Subsection (b) is amended—

(i) by striking ‘‘2361a’’ and all that follows through

‘‘2365’’ and inserting ‘‘2365, and 2357’’;

(ii) by striking ‘‘after the table of sections’’ and

inserting ‘‘after the heading for subchapter I’’; and

(iii) by striking ‘‘4063’’ and all that follows through

‘‘4066’’ and inserting ‘‘4066, and 4067’’.

EVISED CROSS

REFERENCE AMENDMENT

.—Sub-

section (c)(1) is amended by striking ‘‘section 4065’’ in the

matter to be inserted and inserting ‘‘section 4025’’.

10 USC 2357,

4067, 2358b,

2359a, 2359b,

2361a, 2365,

2374a, 4061,

4062, 4066.

10 USC 4123

prec.

10 USC 4091

prec.

10 USC 4061

prec.

10 USC 4061

prec.

10 USC 2501

note.

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135 STAT. 2153 PUBLIC LAW 117–81—DEC. 27, 2021

(4) R

EVISED CHAPTER 303

SUBCHAPTERS II & III

.—

(A) I

N GENERAL

.—Section 1843 of the FY2021 NDAA

is amended by striking the section heading and subsections

(a) and (b) and inserting the following:

‘‘SEC. 1843. PERSONNEL; RESEARCH AND DEVELOPMENT CENTERS

AND FACILITIES.

‘‘(a) T

RANSFER OF

ITLE

10 S

ECTIONS TO

UBCHAPTER

.—

Sections 2358a, 1599h, and 2192a of title 10, United States Code,

are transferred to subchapter II of chapter 303 of such title, as

added by section 1842(a), inserted (in that order) after the sub-

chapter heading, and redesignated as sections 4091, 4092, and

4093, respectively.

‘‘(b) T

RANSFER OF

ITLE

10 S

ECTIONS TO

UBCHAPTER

.—

‘‘(1) I

N GENERAL

.—Sections 2363, 2368, and 2367 of title

10, United States Code, are transferred to subchapter III of

chapter 303 of such title, as added by section 1842(a), inserted

(in that order) after the subchapter heading, and redesignated

as sections 4123, 4124, and 4126, respectively.

‘‘(2) T

RANSFER OF SECTION 2364(B) AND (C)

.—

‘‘(A) H

EADING

.—Such subchapter III is further

amended by inserting after section 4124, as transferred

and redesignated by paragraph (1), the following:

‘‘ ‘§ 4125. Functions of Defense research facilities’.

‘‘(B) T

EXT

.—Subsections (b) and (c) of section 2364

of such title are transferred to such subchapter, inserted

after the section heading for section 4125, as added by

subparagraph (A), and redesignated as subsections (a) and

(b), respectively.’’.

(B) R

EVISED CROSS

REFERENCE AMENDMENT

.—Sub-

section (c) of such section 1843 is amended by striking

‘‘section 4103(a)’’ in the matter to be inserted and inserting

‘‘section 4123(a)’’.

ONFORMING AMENDMENTS TO TRANSFERRED SEC

TION

.—Such section 1843 is further amended by adding

at the end the following new subsection:

‘‘(d) C

ONFORMING

MENDMENTS TO

RANSFERRED

ECTION

.—

Section 4124 of such title, as transferred and redesignated by sub-

section (b)(1), is amended in subsection (b)(3)(B)(ii), by striking

‘2358, 2371, 2511, 2539b, and 2563’ and inserting ‘2563, 4001,

4021, 4831, and 4062’.’’.

(5) R

EVISED CHAPTER 305

.—

(A) N

EW CHAPTER 305

.—Subsection (a) of section 1844

of the FY2021 NDAA is amended—

(i) by striking ‘‘chapter 305, as added by the pre-

ceding section’’ and inserting ‘‘chapter 303, as added

by section 1842’’; and

(ii) by striking the matter inserted by that sub-

section and inserting:

‘‘CHAPTER 305—UNIVERSITIES

‘‘Sec.

‘‘4141. Award of grants and contracts to colleges and universities: requirement of

competition.

‘‘4142. Extramural acquisition innovation and research activities.

‘‘4143. Research and development laboratories: contracts for services of university

students.

10 USC 4141

prec.

10 USC 2805.

10 USC 4092,

4093, 4091, 4123,

4126, 4124, 2364,

2358a, 2360,

2363, 4125.

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135 STAT. 2154 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘4144. Research and educational programs and activities: historically black colleges

and universities and minority-serving institutions of higher education.’’.

(B) T

RANSFER OF TITLE 10 SECTIONS TO NEW CHAPTER

305

.—Such section is further amended by striking sub-

sections (b), (c), (d), and (e) and inserting the following:

‘‘(b) T

RANSFER OF

ITLE

10 S

ECTIONS

.—Sections 2361, 2361a,

2360, and 2362 of title 10, United States Code, are transferred

to chapter 305 of such title, as added by subsection (a), inserted

(in that order) after the table of sections, and redesignated as

section 4141, 4142, 4143, and 4144, respectively.’’.

(6) R

EVISED CHAPTER 307

.—

(A) R

EDESIGNATION OF CHAPTER 309 AS CHAPTER 307

.—

Subsection (a) of section 1845 of the FY2021 NDAA is

amended—

(i) by striking ‘‘chapter 307, as added by the pre-

ceding section’’ and inserting ‘‘chapter 305, as added

by section 1844’’; and

(ii) by redesignating the chapter added by that

section as chapter 307.

(B) T

RANSFER OF ADDITIONAL SECTIONS TO REDESIG

NATED CHAPTER 307

.—Subsection (b) of such section is

amended—

(i) by striking ‘‘and 196’’ and inserting ‘‘196, 2353,

and 2681’’; and

(ii) by striking ‘‘section 4171, 4172, and 4173’’ and

inserting ‘‘sections 4171, 4172, 4173, 4174, and 4175’’.

ABLE OF SECTIONS

.—The table of sections inserted

by subsection (a) of such section is amended by adding

at the end the following new items:

‘‘4174. Contracts: acquisition, construction, or furnishing of test facilities and equip-

ment.

‘‘4175. Use of test and evaluation installations by commercial entities.’’.

(v) C

ONFORMING

MENDMENTS TO

ELETE

ONFLICTING

RANS

FERS OF

ERTAIN

ECTIONS

.—

(1) D

ELETION OF TRANSFER OF SECTION 2302E TO CHAPTER

243

.—Section 1818 of the FY2021 NDAA is amended—

(A) by striking subsection (c); and

(B) by striking the last item in the table of sections

inserted by subsection (a).

(2) D

ELETION OF TRANSFER OF SECTION 2362 TO CHAPTER

287

.—Section 1838 of the FY2021 NDAA is amended—

(A) in subsection (b), by striking ‘‘2362,’’ and ‘‘3904,’’;

and

(B) by striking the item relating to section 3904 in

the table of sections inserted by subsection (a) and inserting

the following new item:

‘‘3904. øReserved¿.’’.

(w) A

MENDMENTS TO

ABLES OF

ECTIONS

OT IN

ART

V.—

Title 10, United States Code, is amended as follows:

(1) The table of sections at the beginning of chapter 81

is amended by striking the item relating to section 1599h.

(2) The table of sections at the beginning of chapter 111

is amended by striking the item relating to section 2192a.

(3) The table of sections at the beginning of chapter 159

is amended by striking the item relating to section 2681.

10 USC 2661

prec.

10 USC 2191

prec.

10 USC 1580

prec.

10 USC 2304e,

2323a, 2362,

2410d, 2410n,

3901–3903, 3905.

10 USC 3901

prec.

10 USC 3344

prec.

10 USC 2302e.

10 USC 4171

prec.

10 USC 4174,

4175, 196, 2366,

2399, 4171–4173.

10 USC 4171

prec.

10 USC 114,

2224 note, 2350a

prec., 2350l,

2353, 2364, 2367,

2368, 2371a,

2661 prec., 2681.

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135 STAT. 2155 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 1702. CONFORMING CROSS REFERENCE TECHNICAL AMEND-

MENTS RELATED TO THE TRANSFER AND REORGANIZA-

TION OF DEFENSE ACQUISITION STATUTES.

(a) A

MENDMENTS TO

ITLE

10, U

NITED

TATES

ODE

.—Title

10, United States Code, is amended as follows:

(1) Section 171a(i)(3) is amended by striking ‘‘2366a(d)’’

and inserting ‘‘4251(d)’’.

(2) Section 181(b)(6) is amended by striking ‘‘sections

2366a(b), 2366b(a)(4),’’ and inserting ‘‘sections 4251(b),

4252(a)(4),’’.

(3) Section 1734(c)(2) is amended by striking ‘‘section

2435(a)’’ and inserting ‘‘section 4214(a)’’.

(b) A

MENDMENTS TO

AWS

LASSIFIED AS

OTES IN

ITLE

10,

NITED

TATES

ODE

.—

(1) Section 801(1) of the National Defense Authorization

Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2302

note) is amended by striking ‘‘section 2545’’ and inserting ‘‘sec-

tion 3001’’.

(2) Section 323(a) of the Ike Skelton National Defense

Authorization Act for Fiscal Year 2011 (Public Law 111–383;

10 U.S.C. 2463 note) is amended by striking ‘‘section 235,

2330a, or 2463’’ and inserting ‘‘section 2463, 3137, or 4505’’.

(3) Section 8065 of the Department of Defense Appropria-

tions Act, 2005 (Public Law 108–287; 10 U.S.C. 2540 note),

is amended—

(A) by striking ‘‘subchapter VI of chapter 148’’ both

places it appears and inserting ‘‘subchapter I of chapter

389’’; and

(B) by striking ‘‘section 2540c(d)’’ and inserting ‘‘section

4974(d)’’.

MENDMENTS TO

AWS

LASSIFIED IN

ITLE

6, U

NITED

TATES

ODE

(

HOMELAND

ECURITY

).—

(1) Section 831(a)(1) of the Homeland Security Act of 2002

(6 U.S.C. 391(a)) is amended by striking ‘‘section 2371’’ and

inserting ‘‘section 4021’’.

(2) Section 853(b) of such Act (6 U.S.C. 423(b)) is amended

by striking paragraphs (1), (2), and (3) and inserting the fol-

lowing:

‘‘(1) Section 134 of title 41, United States Code.

‘‘(2) Section 153 of title 41, United States Code.

‘‘(3) Section 3015 of title 10, United States Code.’’.

(3) Section 855 of such Act (6 U.S.C. 425) is amended—

(A) in subsection (a)(2), by striking subparagraphs (A),

(B), and (C) and inserting the following:

‘‘(A) Sections 1901 and 1906 of title 41, United States

Code.

‘‘(B) Section 3205 of title 10, United States Code.

‘‘(C) Section 3305 of title 41, United States Code.’’;

and

(B) in subsection (b)(1), by striking ‘‘provided in’’ and

all that follows through ‘‘shall not’’ and inserting ‘‘provided

in section 1901(a)(2) of title 41, United States Code, section

3205(a)(2) of title 10, United States Code, and section

3305(a)(2) of title 41, United States Code, shall not’’.

(4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended

by striking paragraphs (1), (2), and (3) and inserting the fol-

lowing:

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135 STAT. 2156 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(1) F

EDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT

OF 1949

.—In division C of subtitle I of title 41, United States

Code:

‘‘(A) Paragraphs (1), (2), (6), and (7) of subsection (a)

of section 3304 of such title, relating to use of procedures

other than competitive procedures under certain cir-

cumstances (subject to subsection (d) of such section).

‘‘(B) Section 4106 of such title, relating to orders under

task and delivery order contracts.

‘‘(2) T

ITLE 10

UNITED STATES CODE

.—In part V of subtitle

A of title 10, United States Code:

‘‘(A) Paragraphs (1), (2), (6), and (7) of subsection (a)

of section 3204, relating to use of procedures other than

competitive procedures under certain circumstances (sub-

ject to subsection (d) of such section).

‘‘(B) Section 3406, relating to orders under task and

delivery order contracts.

‘‘(3) O

FFICE OF FEDERAL PROCUREMENT POLICY ACT

.—Para-

graphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41,

United Sates Code, relating to inapplicability of a requirement

for procurement notice.’’.

(5) Section 604(f) of the American Recovery and Reinvest-

ment Act of 2009 (6 U.S.C. 453b(f)) is amended by striking

‘‘section 2304(g)’’ and inserting ‘‘section 3205’’.

(d) A

MENDMENTS TO

ITLE

14, U

NITED

TATES

ODE

(

COAST

UARD

).—Title 14, United States Code, is amended as follows:

(1) Section 308(c)(10)(B)(ii) is amended by striking ‘‘section

2547(c)(1)’’ and inserting ‘‘section 3104(c)(1)’’.

(2) Section 1137(b)(4) is amended by striking ‘‘section

2306b’’ and inserting ‘‘section 3501’’.

(3) Section 1906(b)(2) is amended by striking ‘‘chapter 137’’

and inserting ‘‘sections 3201 through 3205’’.

(e) A

MENDMENTS TO

AWS

LASSIFIED IN

ITLE

15, U

NITED

TATES

ODE

(

COMMERCE

).—

(1) Section 14(a) of the Metric Conversion Act of 1975

(15 U.S.C. 205l(a)) is amended—

(A) in the first sentence, by striking ‘‘set forth in

chapter 137’’ and all that follows through ‘‘et seq.),’’ and

inserting ‘‘set forth in the provisions of title 10, United

States Code, referred to in section 3016 of such title as

‘chapter 137 legacy provisions’, section 3453 of such title,

division C (except sections 3302, 3307(e), 3501(b), 3509,

3906, 4710, and 4711) of subtitle I of title 41, United

States Code,’’;

(B) in the second sentence, by striking ‘‘under section

2377(c)’’ and all that follows through the period and

inserting ‘‘under section 3453(c) of title 10, United States

Code, and section 3307(d) of title 41, United States Code.’’;

and

and all that follows through ‘‘shall take’’ and inserting

‘‘section 3453 of title 10, United Sates Code, or section

3307(b) to (d) of title 41, United States Code, then the

provisions of such sections 3453 or 3307(b) to (d) shall

take’’.

(2) Section 8 of the Small Business Act (15 U.S.C. 637)

is amended—

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135 STAT. 2157 PUBLIC LAW 117–81—DEC. 27, 2021

(A) in subsection (g)(2), by striking ‘‘section 2304(c)’’

and inserting ‘‘section 3204(a)’’; and

(B) in subsection (h)—

(i) in paragraph (1)(B), by striking ‘‘chapter 137’’

and inserting ‘‘sections 3201 through 3205’’; and

(ii) in paragraph (2), by striking ‘‘section 2304(f)(2)’’

and ‘‘section 2304(f)(1)’’, and inserting ‘‘paragraphs (3)

and (4) of section 3204(e)’’ and ‘‘section 3204(e)(1)’’,

respectively.

(3) Section 9 of the Small Business Act (15 U.S.C. 638)

is amended in subsection (r)(4)(A) by striking ‘‘section 2304’’

and inserting ‘‘sections 3201 through 3205’’.

(4) Section 884(a)(2) of the National Defense Authorization

Act for Fiscal Year 2020 (Public Law 116–92; 15 U.S.C. 638

note) is amended by striking ‘‘section 2500’’ and inserting ‘‘sec-

tion 4801’’.

(5) Section 15 of the Small Business Act (15 U.S.C. 644)

is amended—

(A) in subsection (k)—

(i) in paragraph (17)(B), by striking ‘‘section 2318’’

and inserting ‘‘section 3249’’;

(ii) in paragraph (17)(C), by striking ‘‘chapter 142’’

and inserting ‘‘chapter 388’’; and

(iii) in paragraph (18), by striking ‘‘section 2784’’

and inserting ‘‘section 4754’’;

(B) in subsection (r)(2), by striking ‘‘section 2304c(b)’’

and inserting ‘‘section 3406(c)’’; and

142’’ and inserting ‘‘chapter 388’’.

(6) Section 16 of the Small Business Act (15 U.S.C. 645)

is amended in subsection (d)(3) by striking ‘‘chapter 142’’ and

inserting ‘‘chapter 388’’.

(7) Section 272 of the National Defense Authorization Act

for Fiscal Years 1988 and 1989 (Public Law 100–180; 15 U.S.C.

4602) is amended in subsection (c) by striking ‘‘section 2306a’’

and inserting ‘‘chapter 271’’.

(f) A

MENDMENTS TO

ITLES

32, U

NITED

TATES

ODE

(

NATIONAL

UARD

)

AND

37, U

NITED

TATES

ODE

(

PAY AND

LLOWANCES

).—

(1) Section 113 of title 32, United States Code, is amended

in subsection (b)(1)(B) by striking ‘‘section 2304(c)’’ and

inserting ‘‘section 3204(a)’’.

(2) Section 418 of title 37, United States Code, is amended

in subsection (d)(2)(A)—

(A) by striking ‘‘section 2533a’’ and inserting ‘‘section

4862’’; and

(B) by striking ‘‘chapter 137 of title 10’’ and inserting

‘‘chapter 137 legacy provisions (as such term is defined

in section 3016 of title 10)’’.

(g) A

MENDMENTS TO

ITLE

40, U

NITED

TATES

ODE

(

PUBLIC

UILDINGS

).—Title 40, United States Code, is amended as follows:

(1) Section 113(e) is amended—

(A) in paragraph (3)—

(i) by striking ‘‘chapter 137’’ and inserting ‘‘section

3063’’; and

(ii) by striking ‘‘that chapter;’’ and inserting ‘‘the

provisions of that title referred to in section 3016 of

such title as ‘chapter 137 legacy provisions’;’’; and

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135 STAT. 2158 PUBLIC LAW 117–81—DEC. 27, 2021

(B) in paragraph (5), by striking ‘‘section 2535’’ and

inserting ‘‘section 4881’’.

(2) Section 581(f)(1)(A) is amended by striking ‘‘section

2535’’ and inserting ‘‘section 4881’’.

(h) A

MENDMENTS TO

ITLE

41, U

NITED

TATES

ODE

(

PUBLIC

ONTRACTS

).—Title 41, United States Code, is amended as follows:

(1) Section 1127(b) is amended by striking ‘‘section

2324(e)(1)(P)’’ and inserting ‘‘section 3744(a)(16)’’.

(2) Section 1303(a)(1) is amended by striking ‘‘chapters

4 and 137 of title 10’’ and inserting ‘‘chapter 4 of title 10,

chapter 137 legacy provisions (as such term is defined in section

3016 of title 10)’’.

(3) Section 1502(b)(1)(B) is amended by striking ‘‘section

2306a(a)(1)(A)(i)’’ and inserting ‘‘section 3702(a)(1)(A)’’.

(4) Section 1708(b)(2)(A) is amended by striking ‘‘section

2304(c)’’ and inserting ‘‘section 3204(a)’’.

(5) Section 1712(b)(2)(B) is amended by striking ‘‘section

2304(c)’’ and inserting ‘‘section 3204(a)’’.

(6) Section 1901(e)(2) is amended by striking ‘‘section

2304(f)’’ and inserting ‘‘section 3204(e)’’.

(7) Section 1903 is amended—

(A) in subsection (b)(3), by striking ‘‘section

2304(g)(1)(B)’’ and inserting ‘‘section 3205(a)(2)’’; and

(B) in subsection (c)(2)(B), by striking ‘‘section 2306a’’

and inserting ‘‘chapter 271’’.

(8) Section 1907(a)(3)(B)(ii) is amended by striking ‘‘section

2305(e) and (f)’’ and inserting ‘‘section 3308’’.

(9) Section 1909(e) is amended by striking ‘‘section 2784’’

and inserting ‘‘section 4754’’.

(10) Section 2101(2)(A) is amended by striking ‘‘section

2306a(h)’’ and inserting ‘‘section 3701’’.

(11) Section 2311 is amended by striking ‘‘section 2371’’

and inserting ‘‘section 4021’’.

(12) Section 3302 is amended—

(A) in subsection (a)(3)—

(i) in subparagraph (A), by striking ‘‘section

2302(2)(C)’’ and inserting ‘‘section 3012(3)’’; and

(ii) in subparagraph (B), by striking ‘‘sections

2304a to 2304d of title 10,’’ and inserting ‘‘chapter

245 of title 10’’;

(B) in subsection (c)(1)(A)(i), by striking ‘‘section

2304c(b)’’ and inserting ‘‘section 3406(c)’’; and

2304(f)(1)’’ and inserting ‘‘section 3204(e)(1)’’.

(13) Section 3307(e)(1) is amended by striking ‘‘chapter

140’’ and inserting ‘‘chapter 247’’.

(14) Section 4104 is amended—

(A) in subsection (a), by striking ‘‘sections 2304a to

2304d’’ and inserting ‘‘chapter 245’’; and

(B) in subsection (b)—

(i) in paragraph (1), by striking ‘‘sections 2304a

to 2304d’’ and inserting ‘‘chapter 245’’;

(ii) in paragraph (2)(B), by striking ‘‘section

2304c(b)’’ and inserting ‘‘section 3406(c)’’; and

(iii) in paragraph (2)(C), by striking ‘‘section

2304c(c)’’ and inserting ‘‘section 3406(e)’’.

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135 STAT. 2159 PUBLIC LAW 117–81—DEC. 27, 2021

(i) A

MENDMENTS TO

AWS

LASSIFIED AS

OTES IN

ITLE

41,

NITED

TATES

ODE

.—

(1) Section 555 of the FAA Reauthorization Act of 2018

(Public Law 115–254; 41 U.S.C. preceding 3101 note) is

amended by striking ‘‘section 2305’’ in subsections (a)(4) and

(c)(1) and inserting ‘‘sections 3206 through 3208 and sections

3301 through 3309’’.

(2) Section 846(f)(5) of the National Defense Authorization

Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901

note) is amended by striking ‘‘section 2304’’ and inserting ‘‘sec-

tions 3201 through 3205’’.

(3) Section 811 of the National Defense Authorization Act

for Fiscal Year 2010 (Public Law 111–84; 41 U.S.C. 3304 note)

is amended—

(A) in subsection (a)(3), by striking ‘‘sections

2304(f)(1)(C) and 2304(l)’’ and inserting ‘‘sections

3204(e)(1)(C) and 3204(f)’’; and

(B) in subsection (c)—

(i) in paragraph (1)(A), by striking ‘‘section

2304(f)(2)(D)(ii)’’ and inserting ‘‘section

3204(e)(4)(D)(ii)’’;

(ii) in paragraph (2)(A), by striking ‘‘section

2302(1)’’ and inserting ‘‘section 3004’’; and

(iii) in paragraph (3)(A), by striking ‘‘section

2304(f)(1)(B)’’ and inserting ‘‘section 3204(e)(1)(B)’’.

(j) A

MENDMENTS TO

AWS

LASSIFIED IN

ITLE

42, U

NITED

TATES

ODE

.—

(1) The Public Health Service Act (Public Law 78–410)

is amended—

(A) in section 301(a)(7) (42 U.S.C. 241(a)(7)), by striking

‘‘sections 2353 and 2354’’ and inserting ‘‘sections 3861 and

4141’’; and

(B) in section 405(b)(1) (42 U.S.C. 284(b)(1)), by striking

‘‘section 2354’’ and inserting ‘‘section 3861’’.

(2) Section 403(a) of the Housing Amendments of 1955

(42 U.S.C. 1594(a)) is amended by striking ‘‘section 3 of the

Armed Services Procurement Act of 1947’’ and inserting ‘‘chap-

ters 221 and 241 of title 10, United States Code’’.

(3) Title II of the Department of Housing and Urban

Development-Independent Agencies Appropriations Act, 1986

(Public Law 99–160), is amended by striking ‘‘section 2354’’

in the last proviso in the paragraph under the heading

‘‘National Science Foundation—Research and Related Activi-

ties’’ (42 U.S.C. 1887) and inserting ‘‘section 3861’’.

(4) Section 306(b)(2) of the Disaster Mitigation Act of 2000

(42 U.S.C. 5206(b)(2)) is amended by striking ‘‘section 2393(c)’’

and inserting ‘‘section 4654(c)’’.

(5) Section 801(c)(2) of the National Energy Conservation

Policy Act (42 U.S.C. 8287) is amended by striking ‘‘section

2304c(d)’’ and all that follows and inserting ‘‘section 3406(d)

of title 10, United States Code, and section 4106(d) of title

41, United States Code.’’.

(6) Section 3021(a) of the Energy Policy Act of 1992 (42

U.S.C. 13556) is amended by striking ‘‘chapter 137 of title

10’’ and inserting ‘‘chapter 137 legacy provisions (as such term

is defined in section 3016 of title 10, United States Code)’’.

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135 STAT. 2160 PUBLIC LAW 117–81—DEC. 27, 2021

(k) A

MENDMENTS TO

AWS

LASSIFIED IN

ITLE

50, U

NITED

TATES

ODE

.—

(1) Section 141(a) of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003 (Public Law 107–314;

50 U.S.C. 1521a(a)) is amended by striking ‘‘section 2430’’ and

inserting ‘‘section 4201’’.

(2) Section 502(a) of the National Emergencies Act (50

U.S.C. 1651(a)) is amended by striking paragraphs (1) through

(5) and inserting the following:

‘‘(1) Chapters 1 to 11 of title 40, United States Code,

and division C (except sections 3302, 3307(e), 3501(b), 3509,

3906, 4710, and 4711) of subtitle I of title 41, United States

Code.

‘‘(2) Section 3727(a)–(e)(1) of title 31, United States Code.

‘‘(3) Section 6305 of title 41, United States Code.

‘‘(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat.

972; 50 U.S.C. 1431 et seq.).

‘‘(5) Section 3201(a) of title 10, United States Code.’’.

(3) The Atomic Energy Defense Act is amended as follows:

(A) Sections 4217 and 4311 (50 U.S.C. 2537, 2577)

are each amended in subsection (a)(2) by striking ‘‘section

2432’’ and inserting ‘‘section 4351’’.

(B) Section 4813 (50 U.S.C. 2794) is amended by

striking ‘‘section 2500’’ in subsection (c)(1)(C) and inserting

‘‘section 4801’’.

(4) Section 107 of the Defense Production Act (50 U.S.C.

4517) is amended in subsection (b)(2)(B) by striking clauses

(i) and (ii) and inserting the following:

‘‘(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10,

United States Code;

‘‘(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41,

United States Code; or’’.

(l) O

THER

MENDMENTS

.—

(1) Section 1473H of the National Agriculture Advanced

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3319k) is amended by striking ‘‘section 2371’’ in subsections

(b)(6)(A) and (d)(1)(B) and inserting ‘‘section 4021’’.

(2) Section 1301 of title 17, United States Code, is amended

in subsection (a)(3) by striking ‘‘section 2320’’ and inserting

‘‘subchapter I of chapter 275’’.

(3) Section 21 of the Arms Export Control Act (22 U.S.C.

2761) is amended by striking ‘‘chapter 137’’ in subsection (l)(4)

and subsection (m)(4) and inserting ‘‘chapter 137 legacy provi-

sions (as such term is defined in section 3016 of title 10,

United States Code)’’.

(4) Section 3 of the Foreign Direct Investment and Inter-

national Financial Data Improvements Act of 1990 (Public Law

101–533; 22 U.S.C. 3142) is amended in subsection (c)(2) by

striking ‘‘section 2505’’ and inserting ‘‘section 4816’’.

(5) Section 3553 of title 31, United States Code, is amended

in subsection (d)(4)(B) by striking ‘‘section 2305(b)(5)(B)(vii)’’

and inserting ‘‘section 3304(c)(1)(G)’’.

(6) Section 226 of the Water Resources Development Act

of 1992 (33 U.S.C. 569f) is amended by striking ‘‘section 2393(c)’’

and inserting ‘‘section 4654(c)’’.

(7) Section 40728B(e) of title 36, United States Code, is

amended—

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135 STAT. 2161 PUBLIC LAW 117–81—DEC. 27, 2021

(A) striking ‘‘subsection (k) of section 2304’’ and

inserting ‘‘section 3201(e)’’; and

(B) by striking ‘‘subsection (c) of such section’’ and

inserting ‘‘section 3204(a)’’.

(8) Section 1427(b) of the National Defense Authorization

Act for Fiscal Year 2004 (Public Law 108–136; 40 U.S.C. 1103

note) is amended by striking ‘‘sections 2304a and 2304b’’ and

inserting ‘‘sections 3403 and 3405’’.

(9) Section 895(b) of the National Defense Authorization

Act for Fiscal Year 2017 (Public Law 114–328; 40 U.S.C. 11103

note) is amended by striking ‘‘section 2366a(d)(7)’’ and inserting

‘‘section 4251(d)(5)’’.

(10) Sections 50113(c), 50115(b), and 50132(a) of title 51,

United States Code, are amended by striking ‘‘including chap-

ters 137 and 140’’ and inserting ‘‘including applicable provisions

of chapters 201 through 285, 341 through 343, and 363’’.

(11) Section 823(c)(3)(C) of the National Aeronautics and

Space Administration Transition Authorization Act of 2017

(Public Law 115–10; 51 U.S.C. preceding 30301 note) is

amended by striking ‘‘section 2319’’ and inserting ‘‘section

3243’’.

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.

SEC. 2001. SHORT TITLE.

This division and title XLVI of division D may be cited as

the ‘‘Military Construction Authorization Act for Fiscal Year 2022’’.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS

REQUIRED TO BE SPECIFIED BY LAW.

(a) E

XPIRATION OF

UTHORIZATIONS

FTER

HREE

EARS

.—

Except as provided in subsection (b), all authorizations contained

in titles XXI through XXVII for military construction projects, land

acquisition, family housing projects and facilities, and contributions

to the North Atlantic Treaty Organization Security Investment

Program (and authorizations of appropriations therefor) shall expire

on the later of—

(1) October 1, 2024; or

(2) the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2025.

(b) E

XCEPTION

.—Subsection (a) shall not apply to authorizations

for military construction projects, land acquisition, family housing

Military

Construction

Authorization

Act for Fiscal

Year 2022.

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135 STAT. 2162 PUBLIC LAW 117–81—DEC. 27, 2021

projects and facilities, and contributions to the North Atlantic

Treaty Organization Security Investment Program (and authoriza-

tions of appropriations therefor), for which appropriated funds have

been obligated before the later of—

(1) October 1, 2024; or

(2) the date of the enactment of an Act authorizing funds

for fiscal year 2025 for military construction projects, land

acquisition, family housing projects and facilities, or contribu-

tions to the North Atlantic Treaty Organization Security Invest-

ment Program.

SEC. 2003. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CON-

FORMING CHANGES TO TABLES OF SECTIONS, TABLES

OF CONTENTS, AND SIMILAR TABULAR ENTRIES.

(a) E

FFECTIVE

ATE

.—Titles XXI through XXVII shall take

effect on the later of—

(1) October 1, 2021; or

(2) the date of the enactment of this Act.

(b) E

LIMINATION OF

EED FOR

ERTAIN

EPARATE

ONFORMING

MENDMENTS

.—

(1) A

UTOMATIC EXECUTION OF CONFORMING CHANGES

.—

When an amendment made by a provision of this division

to a covered defense law adds a section or larger organizational

unit to the covered defense law, repeals or transfers a section

or larger organizational unit in the covered defense law, or

amends the designation or heading of a section or larger

organizational unit in the covered defense law, that amendment

also shall have the effect of amending any table of sections,

table of contents, or similar table of tabular entries in the

covered defense law to alter the table to conform to the changes

made by the amendment.

(2) E

XCEPTIONS

.—Paragraph (1) shall not apply to an

amendment described in such paragraph when—

(A) the amendment, or a separate clerical amendment

enacted at the same time as the amendment, expressly

amends a table of sections, table of contents, or similar

table of tabular entries in the covered defense law to alter

the table to conform to the changes made by the amend-

ment; or

(B) the amendment otherwise expressly exempts itself

from the operation of this section.

(3) C

OVERED DEFENSE LAW

.—In this subsection, the term

‘‘covered defense law’’ means—

(A) titles 10, 32, and 37 of the United States Code;

(B) any national defense authorization Act or military

construction authorization Act that authorizes funds to

be appropriated for a fiscal year to the Department of

Defense; and

a covered defense law for purposes of application of this

section.

TITLE XXI—ARMY MILITARY

CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

10 USC 101 note,

2801 prec., 2851

prec., 2871 prec.,

8604 prec.

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135 STAT. 2163 PUBLIC LAW 117–81—DEC. 27, 2021

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.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Army may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or Location Amount

Alabama .................... Anniston Army Depot .............................. $25,000,000

Fort Rucker .............................................. $66,000,000

Redstone Arsenal ..................................... $55,000,000

California .................. Fort Irwin ................................................. $52,000,000

Georgia ...................... Fort Stewart ............................................. $105,000,000

Hawaii ....................... West Loch Naval Magazine Annex ........ $51,000,000

Wheeler Army Airfield ............................ $140,000,000

Kansas ....................... Fort Leavenworth .................................... $34,000,000

Kentucky ................... Fort Knox ................................................. $27,000,000

Louisiana ................... Fort Polk ................................................... $111,000,000

Maryland ................... Fort Detrick .............................................. $23,981,000

Fort Meade ............................................... $81,000,000

New Mexico ............... White Sands Missile Range .................... $29,000,000

New York .................. Fort Hamilton .......................................... $26,000,000

Watervliet Arsenal ................................... $20,000,000

Pennsylvania ............. Letterkenny Army Depot ........................ $21,000,000

Texas ......................... Fort Hood ................................................. $130,000,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Army may acquire real property and carry out military

construction projects for the installations outside the United States,

and in the amounts, set forth in the following table:

Army: Outside the United States

State Installation Amount

Belgium ..................... Shape Headquarters ................................ $16,000,000

Germany .................... East Camp Grafenwoehr ......................... $103,000,000

Smith Barracks ........................................ $33,500,000

Classified Location ... Classified Location ................................... $31,000,000

SEC. 2102. FAMILY HOUSING.

(a) C

ONSTRUCTION AND

CQUISITION

.—Using amounts appro-

priated pursuant to the authorization of appropriations in section

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135 STAT. 2164 PUBLIC LAW 117–81—DEC. 27, 2021

2103(a) and available for military family housing functions as speci-

fied in the funding table in section 4601, the Secretary of the

Army may construct or acquire family housing units (including

land acquisition and supporting facilities) at the installation or

location, in the number of units or for the purpose, and in the

amount set forth in the following table:

Army: Family Housing

Country Installation or Location

Units or Pur-

pose

Amount

Italy ........... Vicenza .......................... Family Hous-

ing New

Construc-

tion ............ $92,304,000

(b) P

LANNING AND

ESIGN

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military family housing functions as specified

in the funding table in section 4601, the Secretary of the Army

may carry out architectural and engineering services and construc-

tion design activities with respect to the construction or improve-

ment of family housing units in an amount not to exceed

$22,545,000.

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2021, for military construction, land acquisition, and

military family housing functions of the Department of the Army

as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2101 may not exceed the total amount authorized to be appropriated

under subsection (a), as specified in the funding table in section

4601.

SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2017 PROJECT.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2017 (division B

of Public Law 114–328; 130 Stat. 2688), the authorization set forth

in the table in subsection (b), as provided in section 2101 of that

Act (130 Stat. 2689), shall remain in effect until October 1, 2023,

or the date of the enactment of an Act authorizing funds for military

construction for fiscal year 2024, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

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135 STAT. 2165 PUBLIC LAW 117–81—DEC. 27, 2021

Army: Extension of 2017 Project Authorization

Country Installation Project

Original Au-

thorized

Amount

Germany .... Wiesbaden Army

Airfield .............. Hazardous Ma-

terial Storage

Building ........ $2,700,000

SEC. 2105. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL YEAR 2018

PROJECT AT FORT BLISS, TEXAS.

(a) P

ROJECT

UTHORIZATION

.—The Secretary of the Army may

carry out a military construction project to construct a defense

access road at Fort Bliss, Texas, in the amount of $20,000,000.

(b) U

SE OF

MOUNTS

.—The Secretary of the Army may use

funds appropriated under section 131 of the Military Construction,

Veterans Affairs, and Related Agencies Appropriations Act, 2018

(title I of division J of Public Law 115–141; 132 Stat. 805) for

the Defense Access Road Program to carry out subsection (a).

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2021 PROJECT.

(a) M

ODIFICATION OF

ROJECT

UTHORITY

.—In the case of the

authorization contained in the table in section 2101(a) of the Mili-

tary Construction Authorization Act for Fiscal Year 2021 (division

B of Public Law 116–283) for Fort Wainwright, Alaska, for construc-

tion of Unaccompanied Enlisted Personnel Housing, as specified

in the funding table in section 4601 of such Public Law, the Sec-

retary of the Army may construct—

(1) an Unaccompanied Enlisted Personnel Housing building

of 104,300 square feet to incorporate a modified standard

design; and

(2) an outdoor recreational shelter, sports fields and courts,

barbecue and leisure area, and fitness stations associated with

the Unaccompanied Enlisted Personnel Housing.

(b) M

ODIFICATION OF

ROJECT

MOUNTS

.—

(1) D

IVISION B TABLE

.—The authorization table in section

2101(a) of the Military Construction Authorization Act for

Fiscal Year 2021 (division B of Public Law 116–283) is amended

in the item relating to Fort Wainwright, Alaska, by striking

‘‘$114,000,000’’ and inserting ‘‘$146,000,000’’ to reflect the

project modification made by subsection (a).

(2) D

IVISION D TABLE

.—The funding table in section 4601

of Public Law 116–283 is amended in the item relating to

Fort Wainwright Unaccompanied Enlisted Personnel Housing

by striking ‘‘$59,000’’ in the Conference Authorized column

and inserting ‘‘$91,000’’ to reflect the project modification made

by subsection (a).

SEC. 2107. ADDITIONAL AUTHORIZED FUNDING SOURCE FOR CERTAIN

FISCAL YEAR 2022 PROJECT.

To carry out an unspecified minor military construction project

in the amount of $3,600,000 at Aberdeen Proving Ground, Mary-

land, to construct a 6,000 square foot recycling center to meet

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135 STAT. 2166 PUBLIC LAW 117–81—DEC. 27, 2021

the requirements of a qualified recycling program at the installation,

the Secretary of the Army may use funds available to the Secretary

under section 2667(e)(1)(C) of title 10, United States Code, in addi-

tion to funds appropriated for unspecified minor military construc-

tion for the 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.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2203(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Navy may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or Location Amount

Arizona ................... Marine Corps Air Station Yuma ................ $29,300,000

California ............... Marine Corps Air Station Miramar ........... $240,900,000

Marine Corps Base Camp Pendleton ........ $106,100,000

Marine Corps Reserve Depot San Diego ... $93,700,000

Naval Base Coronado ................................. $63,600,000

Naval Base Ventura County ...................... $197,500,000

San Nicolas Island ...................................... $19,907,000

Florida .................... Marine Corps Support Facility Blount Is-

land.

$69,400,000

Naval Undersea Warfare Center Panama

City Division ............................................ $37,980,000

Guam ...................... Andersen Air Force Base ............................ $50,890,000

Joint Region Marianas ............................... $507,527,000

Hawaii .................... Marine Corps Base Kaneohe ...................... $165,700,000

Marine Corps Training Area Bellows ....... $6,220,000

North Carolina ...... Marine Corps Air Station Cherry Point .... $321,417,000

Pennsylvania ......... Naval Surface Warfare Center Philadel-

phia Division.

$77,290,000

South Carolina ....... Marine Corps Reserve Depot Parris Is-

land.

$6,000,000

Marine Corps Air Station Beaufort ........... $130,300,000

Virginia .................. Marine Corps Base Quantico ..................... $42,850,000

Naval Station Norfolk ................................ $344,793,000

Naval Weapons Station Yorktown ............. $93,500,000

Portsmouth Naval Shipyard ...................... $156,380,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2203(a)

and available for military construction projects outside the United

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135 STAT. 2167 PUBLIC LAW 117–81—DEC. 27, 2021

States as specified in the funding table in section 4601, the Sec-

retary of the Navy may acquire real property and carry out military

construction projects for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or Location Amount

Japan ................... Fleet Activities Yokosuka ............... $49,900,000

Spain .................... Naval Station Rota .......................... $85,600,000

SEC. 2202. FAMILY HOUSING.

(a) C

ONSTRUCTION AND

CQUISITION

.—Using amounts appro-

priated pursuant to the authorization of appropriations in section

2203(a) and available for military family housing functions as speci-

fied in the funding table in section 4601, the Secretary of the

Navy may construct or acquire family housing units (including

land acquisition and supporting facilities) at the installations or

locations, in the number of units or for the purposes, and in the

amounts set forth in the following table:

Navy: Family Housing

Location Installation

Units or Pur-

pose

Amount

District of

Columbia Marine Barracks Wash-

ington.

Family hous-

ing im-

provements $10,415,000

Japan ........ Fleet Activities

Yokosuka.

Family hous-

ing im-

provements $61,469,000

(b) I

MPROVEMENTS TO

ILITARY

AMILY

OUSING

NITS

.—Sub-

ject to section 2825 of title 10, United States Code, and using

amounts appropriated pursuant to the authorization of appropria-

tions in section 2203(a) and available for military family housing

functions as specified in the funding table in section 4601, the

Secretary of the Navy may improve existing military family housing

units in an amount not to exceed $71,884,000.

LANNING AND

ESIGN

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2203(a)

and available for military family housing functions as specified

in the funding table in section 4601, the Secretary of the Navy

may carry out architectural and engineering services and construc-

tion design activities with respect to the construction or improve-

ment of family housing units in an amount not to exceed $3,634,000.

SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2021, for military construction, land acquisition, and

military family housing functions of the Department of the Navy,

as specified in the funding table in section 4601.

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135 STAT. 2168 PUBLIC LAW 117–81—DEC. 27, 2021

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2201 not exceed the total amount authorized to be appropriated

under subsection (a), as specified in the funding table in section

4601.

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.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2303(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Air Force may acquire real property and carry out

military construction projects for the installations or locations inside

the United States, and in the amounts, set forth in the following

table:

Air Force: Inside the United States

State Installation or Location Amount

Alaska ........................ Eielson Air Force Base ........................ $44,850,000

Joint Base Elmendorf-Richardson ...... $251,000,000

Arizona ...................... Davis-Monthan Air Force Base ........... $13,400,000

Luke Air Force Base ............................ $49,000,000

California .................. Vandenberg Space Force Base ............ $67,000,000

Colorado .................... Schriever Space Force Base ................ $30,000,000

United States Air Force Academy ...... $4,360,000

District of Columbia Joint Base Anacostia-Bolling .............. $24,000,000

Florida ....................... Eglin Air Force Base ........................... $14,000,000

Guam ......................... Joint Region Marianas ........................ $85,000,000

Louisiana ................... Barksdale Air Force Base ................... $272,000,000

Maryland ................... Joint Base Andrews ............................. $26,000,000

Massachusetts .......... Hanscom Air Force Base ..................... $66,000,000

Nevada ...................... Creech Air Force Base ......................... $14,200,000

Ohio ........................... Wright-Patterson Air Force Base ....... $24,000,000

Oklahoma .................. Tinker Air Force Base ......................... $160,000,000

South Carolina .......... Joint Base Charleston ......................... $59,000,000

South Dakota ............ Ellsworth Air Force Base .................... $242,000,000

Tennessee .................. Arnold Air Force Base ......................... $14,600,000

Texas ......................... Joint Base San Antonio ....................... $141,000,000

Joint Base San Antonio-Fort Sam

Houston ............................................. $29,000,000

Joint Base San Antonio-Lackland ...... $29,000,000

Sheppard Air Force Base .................... $20,000,000

Virginia ..................... Joint Base Langley-Eustis .................. $24,000,000

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135 STAT. 2169 PUBLIC LAW 117–81—DEC. 27, 2021

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2303(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Air Force may acquire real property and carry out

military construction projects for the installations or locations out-

side the United States, and in the amounts, set forth in the following

table:

Air Force: Outside the United States

Country Installation or Location Amount

Australia ................... Royal Australian Air Force Base Dar-

win.

$7,400,000

Royal Australian Air Force Base

Tindal.

$14,400,000

Italy ........................... Aviano Air Force Base ......................... $10,200,000

Japan ......................... Kadena Air Base .................................. $206,000,000

Misawa Air Base .................................. $25,000,000

Yokota Air Base ................................... $39,000,000

United Kingdom ....... Royal Air Force Lakenheath ............... $108,500,000

SEC. 2302. FAMILY HOUSING.

(a) I

MPROVEMENTS TO

ILITARY

AMILY

OUSING

NITS

.—Sub-

ject to section 2825 of title 10, United States Code, and using

amounts appropriated pursuant to the authorization of appropria-

tions in section 2303(a) and available for military family housing

functions as specified in the funding table in section 4601, the

Secretary of the Air Force may improve existing military family

housing units in an amount not to exceed $105,528,000.

(b) P

LANNING AND

ESIGN

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2303(a)

and available for military family housing functions as specified

in the funding table in section 4601, the Secretary of the Air

Force may carry out architectural and engineering services and

construction design activities with respect to the construction or

improvement of family housing units in an amount not to exceed

$10,458,000.

SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2021, for military construction, land acquisition, and

military family housing functions of the Department of the Air

Force, as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2301 may not exceed the total amount authorized to be appropriated

under subsection (a), as specified in the funding table in section

4601.

SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2017 PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2017 (division B

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135 STAT. 2170 PUBLIC LAW 117–81—DEC. 27, 2021

of Public Law 114–328; 130 Stat. 2688), the authorizations set

forth in the table in subsection (b), as provided in sections 2301

and 2902 of that Act (130 Stat. 2696, 2743), shall remain in effect

until October 1, 2023, or the date of the enactment of an Act

authorizing funds for military construction for fiscal year 2024,

whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Air Force: Extension of 2017 Project Authorizations

State or

Country

Installation or

Location

Project

Original Au-

thorized

Amount

Germany .... Ramstein Air Base 37 AS Squadron

Operations/

Aircraft Main-

tenance Unit $13,437,000

Spangdahlem Air

Base ................... F/A-22 Low Ob-

servable/Com-

posite Repair

Facility .......... $12,000,000

Spangdahlem Air

Base ................... Upgrade Hard-

ened Aircraft

Shelters for F/

A-22 ............... $2,700,000

Guam ......... Joint Region Mari-

anas ................... APR - Muni-

tions Storage

Igloos, Phase

2 ..................... $35,300,000

Joint Region Mari-

anas ................... APR - SATCOM

C4I Facility ... $14,200,000

Japan ......... Kadena Air Base .. APR - Replace

Munitions

Structures ..... $19,815,000

Yokota Air Base ... C-130J Corro-

sion Control

Hangar .......... $23,777,000

Yokota Air Base ... Construct Com-

bat Arms

Training and

Maintenance

Facility .......... $8,243,000

Massachu-

setts ........ Hanscom Air

Force Base ........ Vandenberg

Gate Complex $10,965,000

United

Kingdom Royal Air Force

Croughton ......... Main Gate Com-

plex ................ $16,500,000

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135 STAT. 2171 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY

CONSTRUCTION PROJECTS AT TYNDALL AIR FORCE BASE,

FLORIDA.

(a) F

ISCAL

EAR

2018 P

ROJECT

.—In the case of the authoriza-

tion contained in the table in section 2301(b) of the Military

Construction Authorization Act for Fiscal Year 2018 (division B

of Public Law 115–91; 131 Stat. 1825) for Tyndall Air Force Base,

Florida, for construction of a Fire Station, as specified in the funding

table in section 4601 of that Public Law (131 Stat. 2002), the

Secretary of the Air Force may construct a crash rescue/structural

fire station encompassing up to 3,588 square meters.

(b) F

ISCAL

EAR

2020 P

ROJECTS

.—In the case of the authoriza-

tion contained in section 2912(a) of the Military Construction

Authorization Act for Fiscal Year 2020 (division B of Public Law

116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—

(1) for construction of Site Development, Utilities, and

Demo Phase 1, as specified in the Natural Disaster Recovery

Justification Book dated August 2019, the Secretary of the

Air Force may construct—

(A) up to 3,698 lineal meters of waste water utilities;

(B) up to 6,306 lineal meters of storm water utilities;

and

(2) for construction of Munitions Storage Facilities, as speci-

fied in the Natural Disaster Recovery Justification Book dated

August 2019, the Secretary of the Air Force may construct—

(A) up to 4,393 square meters of aircraft support equip-

ment storage yard;

(B) up to 1,535 square meters of tactical missile

maintenance facility; and

assembly and maintenance shop and storage;

(3) for construction of 53 WEG Complex, as specified in

the Natural Disaster Recovery Justification Book dated August

2019, the Secretary of the Air Force may construct—

(A) up to 1,693 square meters of aircraft maintenance

shop;

(B) up to 1,458 square meters of fuel systems mainte-

nance dock; and

(4) for construction of 53 WEG Subscale Drone Facility,

as specified in the Natural Disaster Recovery Justification Book

dated August 2019, the Secretary of the Air Force may construct

up to 511 square meters of pilotless aircraft shop in a separate

facility;

(5) for construction of CE/Contracting/USACE Complex, as

specified in the Natural Disaster Recovery Justification Book

dated August 2019, the Secretary of the Air Force may con-

struct—

(A) up to 557 square meters of base engineer storage

shed 6000 area; and

(B) up to 183 square meters of non-Air Force adminis-

trative office;

(6) for construction of Logistics Readiness Squadron Com-

plex, as specified in the Natural Disaster Recovery Justification

Book dated August 2019, the Secretary of the Air Force may

construct—

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135 STAT. 2172 PUBLIC LAW 117–81—DEC. 27, 2021

(A) up to 802 square meters of supply administrative

headquarters;

(B) up to 528 square meters of vehicle wash rack;

and

(7) for construction of Fire Station Silver Flag #4, as speci-

fied in the Natural Disaster Recovery Justification Book dated

August 2019, the Secretary of the Air Force may construct

up to 651 square meters of fire station;

(8) for construction of AFCEC RDT&E, as specified in

the Natural Disaster Recovery Justification Book dated August

2019, the Secretary of the Air Force may construct—

(A) up to 501 square meters of CE Mat Test Runway

Support Building;

(B) up to 1,214 square meters of Robotics Range Con-

trol Support Building; and

(9) for construction of Flightline–Munitions Storage, 7000

Area, as specified in the funding table in section 4603 of Public

Law 116–92; 133 Stat. 2103), the Secretary of the Air Force

may construct—

(A) up to 1,861 square meters of above ground maga-

zines; and

(B) up to 530 square meters of air support equipment

shop/storage facility pad;

(10) for construction of Site Development, Utilities and

Demo Phase 2, as specified in such funding table and modified

by section 2306(a)(6) of the Military Construction Authorization

Act for Fiscal Year 2021 (division B of Public Law 116–283),

the Secretary of the Air Force may construct—

(A) up to 5,233 lineal meters of storm water utilities;

(B) up to 48,560 square meters of roads;

(D) up to 993 square meters of water fire pumping

station with an emergency backup generator;

(11) for construction of Tyndall AFB Gate Complexes, as

specified in such funding table and modified by section

2306(a)(9) of the Military Construction Authorization Act for

Fiscal Year 2021 (division B of Public Law 116–283), the Sec-

retary of the Air Force may construct—

(A) up to 52,694 square meters of roadway with

serpentines; and

(B) up to 20 active/passive barriers;

(12) for construction of Deployment Center/Flight Line

Dining/AAFES, as specified in such funding table and modified

by section 2306(a)(11) of the Military Construction Authoriza-

tion Act for Fiscal Year 2021 (division B of Public Law 116–

283), the Secretary of the Air Force may construct up to 144

square meters of AAFES shoppette;

(13) for construction of Airfield Drainage, as specified in

such funding table and modified by section 2306(a)(12) of the

Military Construction Authorization Act for Fiscal Year 2021

(division B of Public Law 116–283), the Secretary of the Air

Force may construct—

(A) up to 37,357 meters of drainage ditch;

(B) up to 18,891 meters of storm drain piping;

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135 STAT. 2173 PUBLIC LAW 117–81—DEC. 27, 2021

(D) up to 3,704 meters of concrete block swale;

(E) up to 555 storm drain structures; and

(F) up to 81,500 square meters of storm drain ponds;

and

(14) for construction of 325th Fighting Wing HQ Facility,

as specified in such funding table and modified by section

2306(a)(13) of the Military Construction Authorization Act for

Fiscal Year 2021 (division B of Public Law 116–283), the Sec-

retary of the Air Force may construct up to 769 square meters

of separate administrative space for SAPR/SARC.

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.

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

State Installation or Location Amount

Alabama ......... Redstone Arsenal ............................. $153,000,000

California ....... Marine Corps Base Camp Pen-

dleton ............................................ $13,600,000

Silver Strand Training Complex .... $33,700,000

Colorado ......... Buckley Air Force Base ................... $20,000,000

Georgia .......... Fort Benning .................................... $62,000,000

Hawaii ........... Joint Base Pearl Harbor-Hickam ... $29,800,000

Maryland ....... Fort Meade ....................................... $1,201,000,000

New Mexico .. Kirtland Air Force Base .................. $8,600,000

Virginia .......... Fort Belvoir ...................................... $29,800,000

Humphries Engineer Center and

Support Activity ........................... $36,000,000

Pentagon ........................................... $50,543,000

Washington ... Oak Harbor ...................................... $59,000,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may acquire real property and carry out military

construction projects for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

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135 STAT. 2174 PUBLIC LAW 117–81—DEC. 27, 2021

Defense Agencies: Outside the United States

Country Installation or Location Amount

Germany ........ Ramstein Air Base ........................... $93,000,000

Japan ............. Kadena Air Base .............................. $24,000,000

Misawa Air Base .............................. $6,000,000

United King-

dom ............. Royal Air Force Lakenheath ........... $19,283,000

SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION

INVESTMENT PROGRAM PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for energy conservation projects as specified in the

funding table in section 4601, the Secretary of Defense may carry

out energy conservation projects under chapter 173 of title 10,

United States Code, for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

ERCIP Projects: Inside the United States

State Installation or Location Amount

Alabama ......... Fort Rucker ...................................... $24,000,000

California ....... Marine Corps Air Station Miramar $4,054,000

Naval Air Weapons Station China

Lake-Ridgecrest ............................ $9,120,000

District of Co-

lumbia ........ Joint Base Anacostia-Bolling .......... $31,261,000

Florida .......... MacDill Air Force Base ................... $22,000,000

Georgia .......... Fort Benning .................................... $17,593,000

Fort Stewart ..................................... $22,000,000

Naval Submarine Base Kings Bay $19,314,000

Guam ............. Polaris Point Submarine Base ........ $38,300,000

Idaho .............. Mountain Home Air Force Base ..... $33,800,000

Michigan ........ Camp Grayling ................................. $5,700,000

Mississippi ..... Camp Shelby .................................... $45,655,000

New York ....... Fort Drum ........................................ $27,000,000

North Caro-

lina ............. Fort Bragg ........................................ $27,169,000

North Dakota Cavalier Air Force Station .............. $24,150,000

Ohio ................ Springfield-Beckley Municipal Air-

port ................................................ $4,700,000

Puerto Rico .... Aguadilla .......................................... $10,120,000

Fort Allen ......................................... $12,190,000

Tennessee ...... Memphis International Airport ...... $4,780,000

Virginia .......... Fort Belvoir ...................................... $365,000

National Geospatial-Intelligence

Agency Campus East ................... $5,299,000

Pentagon, Mark Center, and Raven

Rock Mountain Complex ............. $2,600,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

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135 STAT. 2175 PUBLIC LAW 117–81—DEC. 27, 2021

and available for energy conservation projects as specified in the

funding table in section 4601, the Secretary of Defense may carry

out energy conservation projects under chapter 173 of title 10,

United States Code, for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

ERCIP Projects: Outside the United States

Country Installation or Location Amount

Japan ............. Naval Air Facility Atsugi ................ $3,810,000

Kuwait ........... Camp Arifjan .................................... $15,000,000

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2021, for military construction, land acquisition, and

military family housing functions of the Department of Defense

(other than the military departments), as specified in the funding

table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2401 may not exceed the total amount authorized to be appropriated

under subsection (a), as specified in the funding table in section

4601.

SEC. 2404. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY

OUT CERTAIN FISCAL YEARS 2017 AND 2019 PROJECTS.

(a) E

XTENSION OF

ISCAL

EAR

2017 A

UTHORIZATION

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2017 (divi-

sion B of Public Law 114–328; 130 Stat. 2688), the authorization

set forth in the table in paragraph (2), as provided in section

2401 of that Act (130 Stat. 2700), shall remain in effect until

October 1, 2023, or the date of the enactment of an Act author-

izing funds for military construction for fiscal year 2024, which-

ever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Defense Agencies: Extension of 2017 Project Authorization

Country Installation Project

Original Au-

thorized

Amount

Japan ......... Yokota Air Base ... Hanger/AMU .... $39,466,000

(b) M

ODIFICATION OF

ISCAL

EAR

2019 A

UTHORIZATION

.—In

the case of the authorization contained in the table in section

2401(b) of the Military Construction Authorization Act for Fiscal

Year 2019 (division B of Public Law 115–232; 133 Stat. 2250)

for Kinnick High School in Yokosuka, Japan, as specified in the

funding table in section 4601 of such Public Law (133 Stat. 2407),

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135 STAT. 2176 PUBLIC LAW 117–81—DEC. 27, 2021

the Secretary of Defense may treat the high school and the field

house as a single facility for the purposes of defining the scope

of work for the project.

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.

Sec. 2512. Republic of Poland funded construction projects.

Subtitle A—North Atlantic Treaty Organi-

zation Security Investment Program

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

The Secretary of Defense may make contributions for the North

Atlantic Treaty Organization Security Investment Program as pro-

vided in section 2806 of title 10, United States Code, in an amount

not to exceed the sum of the amount authorized to be appropriated

for this purpose in section 2502 and the amount collected from

the North Atlantic Treaty Organization as a result of construction

previously financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2021, for contributions by the Sec-

retary of Defense under section 2806 of title 10, United States

Code, for the share of the United States of the cost of projects

for the North Atlantic Treaty Organization Security Investment

Program authorized by section 2501 as specified in the funding

table in section 4601.

Subtitle B—Host Country In-Kind

Contributions

SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.

(a) A

UTHORITY TO

CCEPT

ROJECTS

.—Pursuant to agreement

with the Republic of Korea for required in-kind contributions, the

Secretary of Defense may accept military construction projects for

the installations or locations in the Republic of Korea, and in

the amounts, set forth in the following table:

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135 STAT. 2177 PUBLIC LAW 117–81—DEC. 27, 2021

Republic of Korea Funded Construction Projects

Component

Installation or

Location

Project Amount

Army ........... Camp Hum-

phreys ......... Unaccompanied En-

listed Personnel

Housing ................... $52,000,000

Army ........... Camp Hum-

phreys ......... Type I Aircraft Park-

ing Apron and Par-

allel Taxiway ........... $48,000,000

Army ........... Camp Hum-

phreys ......... Black Hat Intelligence

Fusion Center ......... $149,000,000

Navy ........... Mujuk ............. Expeditionary Dining

Facility ..................... $10,200,000

Air Force .... Gimhae Air

Base ............ Repair Contingency

Hospital ................... $75,000,000

Air Force .... Osan Air Base Munitions Storage

Area Move Delta

(Phase 2) .................. $171,000,000

(b) A

UTHORIZED

PPROACH TO

ERTAIN

ONSTRUCTION

ROJECT

.—Section 2350k of title 10, United States Code, shall

apply with respect to the construction of the Black Hat Intelligence

Fusion Center at Camp Humphreys, Republic of Korea, as set

forth in the table in subsection (a).

SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.

Pursuant to agreement with the Republic of Poland for required

in-kind contributions, the Secretary of Defense may accept military

construction projects for the installations or locations in the

Republic of Poland, and in the amounts, set forth in the following

table:

Republic of Poland Funded Construction Projects

Component

Installation or

Location

Project Amount

Army ........... Poznan ............ Command and Control

Facility ..................... $30,000,000

Army ........... Poznan ............ Information Systems

Facility ..................... $7,000,000

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.

Applicability.

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135 STAT. 2178 PUBLIC LAW 117–81—DEC. 27, 2021

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.

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Army may acquire real property and carry

out military construction projects for the Army National Guard

installations or locations inside the United States, and in the

amounts, set forth in the following table:

Army National Guard

State Installation or Location Amount

Alabama ........ Redstone Arsenal ................................................. $17,000,000

Connecticut ... Army National Guard Readiness Center Put-

nam.

$17,500,000

Georgia .......... Fort Benning ........................................................ $13,200,000

Guam ............. National Guard Readiness Center Barrigada ... $34,000,000

Idaho ............. Jerome National Guard Armory ......................... $15,000,000

Illinois ........... National Guard Armory Bloomington ................ $15,000,000

Kansas ........... Nickell Memorial Armory Topeka ...................... $16,732,000

Louisiana ...... Camp Minden ....................................................... $13,800,000

Lake Charles National Guard Readiness Cen-

ter.

$18,500,000

Maine ............ Saco National Guard Readiness Center ............. $21,200,000

Michigan ....... Camp Grayling ..................................................... $16,000,000

Mississippi .... Camp Shelby ........................................................ $15,500,000

Montana ........ Butte Military Entrance Testing Site ................ $16,000,000

Nebraska ....... Mead Army National Guard Readiness Center $11,000,000

North Dakota Dickinson National Guard Armory .................... $15,500,000

South Dakota Sioux Falls National Guard Armory .................. $15,000,000

Vermont ........ Bennington National Guard Armory .................. $16,900,000

Camp Ethan Allen Training Site ........................ $4,665,000

Virginia ......... National Guard Armory Troutville ..................... $13,000,000

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Army may acquire real property and carry

out military construction projects for the Army Reserve installations

or locations inside the United States, and in the amounts, set

forth in the following table:

Army Reserve

State Installation or Location Amount

Michigan ........... Army Reserve Center Southfield ..................... $12,000,000

Ohio .................. Wright-Patterson Air Force Base .................... $19,000,000

Wisconsin ......... Fort McCoy ........................................................ $70,600,000

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135 STAT. 2179 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE

CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Navy may acquire real property and carry

out military construction projects for the Navy Reserve and Marine

Corps Reserve installations or locations inside the United States,

and in the amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve

State Installation or Location Amount

Michigan ........... Naval Operational Support Center Battle

Creek.

$49,090,000

Minnesota ......... Minneapolis Air Reserve Station ..................... $14,350,000

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Air Force may acquire real property and

carry out military construction projects for the Air National Guard

installations or locations inside the United States, and in the

amounts, set forth in the following table:

Air National Guard

State Installation or Location Amount

Alabama ........... Montgomery Regional Airport ......................... $19,200,000

Sumpter Smith Air National Guard Base ...... $7,500,000

Connecticut ...... Bradley International Airport ......................... $17,000,000

Delaware .......... New Castle Air National Guard Base ............. $17,500,000

Idaho ................. Gowen Field ...................................................... $6,500,000

Illinois ............... Abraham Lincoln Capital Airport ................... $10,200,000

Massachusetts .. Barnes Air National Guard Base .................... $12,200,000

Michigan ........... Alpena County Regional Airport ..................... $23,000,000

Selfridge Air National Guard Base ................. $28,000,000

W. K. Kellogg Regional Airport ....................... $10,000,000

Mississippi ....... Jackson International Airport ......................... $9,300,000

New York ......... Francis S. Gabreski Airport ............................. $14,800,000

Schenectady Municipal Airport ....................... $10,800,000

Ohio .................. Camp Perry ....................................................... $7,800,000

South Carolina McEntire Joint National Guard Base ............. $18,800,000

South Dakota ... Joe Foss Field ................................................... $9,800,000

Texas ................ Kelly Field Annex ............................................. $9,500,000

Washington ...... Camp Murray Air National Guard Station .... $27,000,000

Wisconsin ......... Truax Field ........................................................ $44,200,000

Wyoming .......... Cheyenne Municipal Airport ........................... $13,400,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

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135 STAT. 2180 PUBLIC LAW 117–81—DEC. 27, 2021

and Reserve as specified in the funding table in section 4601,

the Secretary of the Air Force may acquire real property and

carry out military construction projects for the installations inside

the United States, and in the amounts, set forth in the following

table:

Air Force Reserve

State Installation Amount

California ......... Beale Air Force Base ........................................ $33,000,000

Florida .............. Homestead Air Force Reserve Base ................ $14,000,000

Patrick Air Force Base ..................................... $18,500,000

Indiana ............. Grissom Air Reserve Base ............................... $29,000,000

Minnesota ......... Minneapolis-St. Paul International Airport ... $14,000,000

New York ......... Niagara Falls Air Reserve Station .................. $10,600,000

Ohio .................. Youngstown Air Reserve Station ..................... $8,700,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD

AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2021, for the costs of acquisition,

architectural and engineering services, and construction of facilities

for the Guard and Reserve Forces, and for contributions therefor,

under chapter 1803 of title 10, United States Code (including the

cost of acquisition of land for those facilities), as specified in the

funding table in section 4601.

TITLE XXVII—BASE REALIGNMENT AND

CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and closure activi-

ties 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.

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGN-

MENT AND CLOSURE ACTIVITIES FUNDED THROUGH

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2021, for base realignment and clo-

sure activities, including real property acquisition and military

construction projects, as authorized by the Defense Base Closure

and Realignment Act of 1990 (part A of title XXIX of Public Law

101–510; 10 U.S.C. 2687 note) and funded through the Department

of Defense Base Closure Account established by section 2906 of

such Act (as amended by section 2711 of the Military Construction

Authorization Act for Fiscal Year 2013 (division B of Public Law

112–239; 126 Stat. 2140)), as specified in the funding table in

section 4601.

SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE

REALIGNMENT AND CLOSURE (BRAC) ROUND.

Nothing in this Act shall be construed to authorize an additional

Base Realignment and Closure (BRAC) round.

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135 STAT. 2181 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 2703. CONDITIONS ON CLOSURE OF CERTAIN PORTION OF

PUEBLO CHEMICAL DEPOT AND CHEMICAL AGENT-

DESTRUCTION PILOT PLANT, COLORADO.

(a) D

EFINITIONS

.—In this section:

(1) C

OVERED PORTION OF PUEBLO CHEMICAL DEPOT

DEFINED

.—The term ‘‘covered portion of Pueblo Chemical

Depot’’ means the portion of Pueblo Chemical Depot, Colorado,

that has not been declared surplus before the date of the

enactment of this Act.

(2) L

OCAL REDEVELOPMENT AUTHORITY

.—The term ‘‘Local

Redevelopment Authority’’ means the Local Redevelopment

Authority for Pueblo Chemical Depot, as recognized by the

Office of Local Defense Community Cooperation.

(b) S

UBMISSION OF

LOSURE AND

ISPOSAL

LANS

.—

(1) P

LANS REQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of the Army

shall submit to the Committees on Armed Services of the Senate

and the House of Representatives—

(A) a plan for the closure of the covered portion of

Pueblo Chemical Depot upon the completion of the chemical

demilitarization mission of the Chemical Agent-Destruction

Pilot Plant at Pueblo Chemical Depot; and

(B) a plan for the disposal of all remaining land,

buildings, facilities, and equipment of the covered portion

of Pueblo Chemical Depot.

(2) L

OCAL REDEVELOPMENT AUTHORITY ROLE

.—In preparing

the disposal plan for the covered portion of Pueblo Chemical

Depot required by paragraph (1)(B), the Secretary of the Army

shall take into account the future role of the Local Redevelop-

ment Authority.

OCAL

EDEVELOPMENT

UTHORITY

LIGIBILITY FOR

SSIST

ANCE

.—The Secretary of Defense, acting through the Office of Local

Defense Community Cooperation, may make grants, conclude

cooperative agreements, and supplement other Federal funds in

order to assist the Local Redevelopment Authority in planning

community adjustments and economic diversification required by

the closure of Pueblo Chemical Depot and the Chemical Agent-

Destruction Pilot Plant if the Secretary determines that the closure

is likely to have a direct and significantly adverse consequence

on nearby communities.

(d) G

ENERAL

LOSURE

, R

EALIGNMENT

AND

ISPOSAL

ROHIBI

TION

.—

(1) P

ROHIBITION

;

CERTAIN RECIPIENT EXCEPTED

.—During

the period specified in paragraph (2), the Secretary of the

Army shall take no action—

(A) to close or realign the covered portion of Pueblo

Chemical Depot or the Chemical Agent-Destruction Pilot

Plant; or

(B) to dispose of any surplus land, building, facility,

or equipment that comprises any portion of the Chemical

Agent-Destruction Pilot Plant other than to the Local

Redevelopment Authority.

(2) D

URATION

.—The prohibition imposed by paragraph (1)

shall apply until the date on which the Secretary of the Army

makes a final closure and disposal decision for the covered

portion of Pueblo Chemical Depot following the submission

Applicability.

Deadline.

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135 STAT. 2182 PUBLIC LAW 117–81—DEC. 27, 2021

of the closure and disposal plans for the covered portion of

Pueblo Chemical Depot required by subsection (b).

(e) P

ROHIBITION ON

EMOLITION OR

ISPOSAL

ELATED TO

HEMICAL

GENT

-D

ESTRUCTION

ILOT

LANT

.—

(1) P

ROHIBITION

;

CERTAIN RECIPIENT EXCEPTED

.—During

the period specified in paragraph (4), the Secretary of the

Army may not—

(A) demolish any building, facility, or equipment

described in paragraph (2) that comprises any portion of

the Chemical Agent-Destruction Pilot Plant; or

(B) dispose of any such building, facility, or equipment

declared to be surplus other than to the Local Redevelop-

ment Authority.

(2) C

OVERED BUILDINGS

FACILITIES

AND EQUIPMENT

.—The

prohibition imposed by paragraph (1) shall apply to the fol-

lowing:

(A) Any surplus building, facility, or equipment located

outside of a Hazardous Waste Management Unit where

chemical munitions were present, but where contamination

did not occur, which are considered by the Secretary of

the Army as clean, safe, and acceptable for reuse by the

public, after a risk assessment by the Secretary.

(B) Any surplus building, facility, or equipment located

outside of a Hazardous Waste Management Unit that was

not contaminated by chemical munitions and that was

without the potential to be contaminated, such as office

buildings, parts warehouses, or utility infrastructure, which

are considered by the Secretary of the Army as suitable

for reuse by the public.

(3) E

XCEPTION TO PROHIBITION

.—The prohibition imposed

by paragraph (1) shall not apply to any building, facility, or

equipment otherwise described in paragraph (2) for which the

Local Redevelopment Authority provides to the Secretary of

the Army a written determination specifying that the building,

facility, or equipment is not needed for community adjustment

and economic diversification following the closure of the Chem-

ical Agent-Destruction Pilot Plant.

(4) D

URATION OF PROHIBITION

.—The prohibition imposed

by paragraph (1) shall apply for a period of not less than

two years beginning on the date o the enactment of this Act.

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 in-

stallations 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 oper-

ation and maintenance funds for construction projects in certain areas

outside the United States.

Applicability.

Determination.

Applicability.

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135 STAT. 2183 PUBLIC LAW 117–81—DEC. 27, 2021

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 fam-

ily 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 instal-

lations.

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 mas-

ter 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 im-

provements.

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 refrig-

erant 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 Caro-

lina.

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 mili-

tary 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.

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135 STAT. 2184 PUBLIC LAW 117–81—DEC. 27, 2021

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.

Subtitle A—Military Construction Program

Changes

SEC. 2801. PUBLIC AVAILABILITY OF INFORMATION ON FACILITIES

SUSTAINMENT, RESTORATION, AND MODERNIZATION

PROJECTS.

(a) I

NCLUSION OF

NFORMATION ON

EQUIRED

NTERNET

ITE

.—

Section 2851(c)(1) of title 10, United States Code, is amended—

(1) by redesignating subparagraph (E) as subparagraph

(F);

(2) by adding after subparagraph (D) the following new

subparagraph (E):

‘‘(E) Each military department project with a total cost

in excess of $15,000,000 for Facilities Sustainment, Restoration,

and Modernization.’’; and

(3) in subparagraph (F), as so redesignated, by inserting

after ‘‘construction project’’ the following: ‘‘, military department

Facilities Sustainment, Restoration, and Modernization

project,’’.

(b) A

PPLICATION OF

MENDMENTS

.—Subparagraph (E) of section

2851(c)(1) of title 10, United States Code, as added by subsection

(a)(2), and subparagraph (F) of such section, as amended by sub-

section (a)(3), shall apply with respect to a military department

Facilities Sustainment, Restoration, and Modernization project

described in such subparagraphs for which an award of a contract

or delivery order for the project is made on or after June 1, 2022.

SEC. 2802. LIMITATIONS ON AUTHORIZED COST AND SCOPE OF WORK

VARIATIONS.

(a) P

ROCESS FOR

PPROVING

ERTAIN

XCEPTIONS

; L

IMITA

TIONS

.—Subsections (c) and (d) of section 2853 of title 10, United

States Code, are amended to read as follows:

‘‘(c) E

XCEPTIONS TO

IMITATION ON

OST

ARIATIONS AND

COPE

ORK

EDUCTIONS

.—(1)(A) Except as provided in subparagraph

(D), the Secretary concerned may waive the percentage or dollar

cost limitation applicable to a military construction project or a

military family housing project under subsection (a) and approve

an increase in the cost authorized for the project in excess of

that limitation if the Secretary concerned notifies the appropriate

committees of Congress of the cost increase in the manner provided

in this paragraph.

‘‘(B) The notification required by subparagraph (A) shall—

‘‘(i) identify the amount of the cost increase and the reasons

for the increase;

‘‘(ii) certify that the cost increase is sufficient to meet

the mission requirement identified in the justification data

provided to Congress as part of the request for authorization

of the project; and

Certification.

Waivers.

Notifications.

Applicability.

Contracts.

Effective date.

10 USC 2851

note.

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135 STAT. 2185 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(iii) describe the funds proposed to be used to finance

the cost increase.

‘‘(C) A waiver and approval by the Secretary concerned under

subparagraph (A) shall take effect only after the end of the 14-

day period beginning on the date on which the notification required

by such subparagraph is received by the appropriate committees

of Congress in an electronic medium pursuant to section 480 of

this title.

‘‘(D) The Secretary concerned may not use the authority pro-

vided by subparagraph (A)—

‘‘(i) to waive the cost limitation applicable to a military

construction project with a total authorized cost greater than

$500,000,000 or a military family housing project with a total

authorized cost greater than $500,000,000; and

‘‘(ii) to approve an increase in the cost authorized for the

project that would increase the project cost by more than 50

percent of the total authorized cost of the project.

‘‘(E) In addition to the notification required by this paragraph,

subsection (f) applies whenever a military construction project or

military family housing project with a total authorized cost greater

than $40,000,000 will have a cost increase of 25 percent or more.

Subsection (f) may not be construed to authorize a cost increase

in excess of the limitation imposed by subparagraph (D).

‘‘(2)(A) The Secretary concerned may waive the percentage or

dollar cost limitation applicable to a military construction project

or a military family housing project under subsection (a) and

approve a decrease in the cost authorized for the project in excess

of that limitation if the Secretary concerned notifies the appropriate

committees of Congress of the cost decrease not later than 14

days after the date funds are obligated in connection with the

project.

‘‘(B) The notification required by subparagraph (A) shall be

provided in an electronic medium pursuant to section 480 of this

title.

‘‘(3)(A) The Secretary concerned may waive the limitation on

a reduction in the scope of work applicable to a military construction

project or a military family housing project under subsection (b)(1)

and approve a scope of work reduction for the project in excess

of that limitation if the Secretary concerned notifies the appropriate

committees of Congress of the reduction in the manner provided

in this paragraph.

‘‘(B) The notification required by subparagraph (A) shall—

‘‘(i) describe the reduction in the scope of work and the

reasons for the decrease; and

‘‘(ii) certify that the mission requirement identified in the

justification data provided to Congress can still be met with

the reduced scope.

‘‘(C) A waiver and approval by the Secretary concerned under

subparagraph (A) shall take effect only after the end of the 14-

day period beginning on the date on which the notification required

by such subparagraph is received by the appropriate committees

of Congress in an electronic medium pursuant to section 480 of

this title.

‘‘(d) E

XCEPTIONS TO

IMITATION ON

COPE OF

ORK

NCREASES

.—(1) Except as provided in paragraph (4), the Secretary

concerned may waive the limitation on an increase in the scope

of work applicable to a military construction project or a military

Waiver authority.

Effective date.

Time period.

Certification.

Deadline.

Applicability.

Effective date.

Time period.

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135 STAT. 2186 PUBLIC LAW 117–81—DEC. 27, 2021

family housing project under subsection (b)(1) and approve an

increase in the scope of work for the project in excess of that

limitation if the Secretary concerned notifies the appropriate

committees of Congress of the reduction in the manner provided

in this subsection.

‘‘(2) The notification required by paragraph (1) shall describe

the increase in the scope of work and the reasons for the increase.

‘‘(3) A waiver and approval by the Secretary concerned under

paragraph (1) shall take effect only after the end of the 14-day

period beginning on the date on which the notification required

by such paragraph is received by the appropriate committees of

Congress in an electronic medium pursuant to section 480 of this

title.

‘‘(4) The Secretary concerned may not use the authority pro-

vided by paragraph (1) to waive the limitation on an increase

in the scope of work applicable to a military construction project

or a military family housing project and approve an increase in

the scope of work for the project that would increase the scope

of work by more than 10 percent of the amount specified for the

project in the justification data provided to Congress as part of

the request for authorization of the project.’’.

(b) C

ONFORMING

MENDMENT

ELATED TO

ALCULATING

IMITATION ON

OST

ARIATIONS

.—Section 2853(a) of title 10,

United States Code, is amended by striking ‘‘the amount appro-

priated for such project’’ and inserting ‘‘the total authorized cost

of the project’’

LERICAL

MENDMENTS

.—Section 2853 of title 10, United

States Code, is further amended—

(1) in subsection (a), by inserting ‘‘C

OST

ARIATIONS

UTHORIZED

; L

IMITATION

.—’’ after the enumerator ‘‘(a)’’;

(2) in subsection (b), by inserting ‘‘S

COPE OF

ORK

ARI

ATIONS

UTHORIZED

; L

IMITATION

.—’’ after the enumerator ‘‘(b)’’;

(3) in subsection (e), by inserting ‘‘A

DDITIONAL

OST

ARI

ATION

XCEPTIONS

.—’’ after the enumerator ‘‘(e)’’;

(4) in subsection (f), by inserting ‘‘A

DDITIONAL

EPORTING

EQUIREMENT FOR

ERTAIN

OST

NCREASES

.—’’ after the enu-

merator ‘‘(f)’’; and

(5) in subsection (g), by inserting ‘‘R

ELATION TO

THER

.—’’ after the enumerator ‘‘(g)’’.

SEC. 2803. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT

PROJECTS FOR MILITARY INSTALLATIONS AND DEFENSE

ACCESS ROADS.

Chapter 169 of title 10, United States Code, is amended by

inserting after section 2815 the following new section:

‘‘§ 2815a. Stormwater management projects for installation

and defense access road resilience and waterway

and ecosystems conservation

‘‘(a) P

ROJECTS

UTHORIZED

.—The Secretary concerned may

carry out a stormwater management project on or related to a

military installation for the purpose of—

‘‘(1) improving military installation resilience or the resil-

ience of a defense access road or other essential civilian infra-

structure supporting the military installation; and

‘‘(2) protecting nearby waterways and stormwater-stressed

ecosystems.

10 USC 2815a.

10 USC 2801

prec.

Effective date.

Time period.

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135 STAT. 2187 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(b) P

ROJECT

ETHODS AND

UNDING

OURCES

.—Using such

amounts as may be provided in advance in appropriation Acts,

the Secretary concerned may carry out a stormwater management

project under this section as, or as part of, any of the following:

‘‘(1) An authorized military construction project.

‘‘(2) An unspecified minor military construction project

under section 2805 of this title, including using appropriations

available for operation and maintenance subject to the limita-

tion in subsection (c) of such section.

‘‘(3) A military installation resilience project under section

2815 of this title, including the use of appropriations available

for operations and maintenance subject to the limitation of

subsection (e)(3) of such section.

‘‘(4) A defense community infrastructure resilience project

under section 2391(d) of this title.

‘‘(5) A construction project under section 2914 of this title.

‘‘(6) A reserve component facility project under section

18233 of this title.

‘‘(7) A defense access road project under section 210 of

title 23.

‘‘(c) P

ROJECT

RIORITIES

.—In selecting stormwater management

projects to be carried out under this section, the Secretary concerned

shall give a priority to project proposals involving the retrofitting

of buildings and grounds on a military installation or retrofitting

a defense access road to reduce stormwater runoff and ponding

or standing water that includes the combination of stormwater

runoff and water levels resulting from extreme weather conditions.

‘‘(d) P

ROJECT

CTIVITIES

.—Activities carried out as part of a

stormwater management project under this section may include,

but are not limited to, the following:

‘‘(1) The installation, expansion, or refurbishment of

stormwater ponds and other water-slowing and retention meas-

ures.

‘‘(2) The installation of permeable pavement in lieu of,

or to replace existing, nonpermeable pavement.

‘‘(3) The use of planters, tree boxes, cisterns, and rain

gardens to reduce stormwater runoff.

‘‘(e) P

ROJECT

OORDINATION

.—In the case of a stormwater

management project carried out under this section on or related

to a military installation and any project related to the same

installation carried out under section 2391(d), 2815, or 2914 of

this title, the Secretary concerned shall ensure coordination between

the projects regarding the water access, management, conservation,

security, and resilience aspects of the projects.

‘‘(f) A

NNUAL

EPORT

.—(1) Not later than 90 days after the

end of each fiscal year, each Secretary concerned shall submit

to the congressional defense committees a report describing—

‘‘(A) the status of planned and active stormwater manage-

ment projects carried out by that Secretary under this section;

and

‘‘(B) all projects completed by the Secretary concerned

during the previous fiscal year.

‘‘(2) Each report shall include the following information with

respect to each stormwater management project described in the

report:

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135 STAT. 2188 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(A) The title, location, a brief description of the scope

of work, the original project cost estimate, and the current

working cost estimate.

‘‘(B) The rationale for how the project will—

‘‘(i) improve military installation resilience or the resil-

ience of a defense access road or other essential civilian

infrastructure supporting a military installation; and

‘‘(ii) protect waterways and stormwater-stressed eco-

systems.

‘‘(C) Such other information as the Secretary concerned

considers appropriate.

‘‘(g) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘defense access road’ means a road certified

to the Secretary of Transportation as important to the national

defense under the provisions of section 210 of title 23.

‘‘(2) The terms ‘facility’ and ‘State’ have the meanings given

those terms in section 18232 of this title.

‘‘(3) The term ‘military installation’ includes a facility of

a reserve component owned by a State rather than the United

States.

‘‘(4) The term ‘military installation resilience’ has the

meaning given that term in section 101(e)(8) of this title.

‘‘(5) The term ‘Secretary concerned’ means—

‘‘(A) the Secretary of a military department with

respect to military installations under the jurisdiction of

that Secretary; and

‘‘(B) the Secretary of Defense with respect to matters

concerning the Defense Agencies and facilities of a reserve

component owned by a State rather than the United

States.’’.

SEC. 2804. USE OF AMOUNTS AVAILABLE FOR OPERATION AND

MAINTENANCE IN CARRYING OUT MILITARY CONSTRUC-

TION PROJECTS FOR ENERGY RESILIENCE, ENERGY

SECURITY, OR ENERGY CONSERVATION.

Section 2914 of title 10, United States Code, is amended—

(1) by redesignating subsections (c) and (d) as subsections

(d) and (e), respectively; and

(2) by inserting after subsection (b) the following new sub-

section (c):

‘‘(c) A

LTERNATIVE

UNDING

OURCE

.—(1) In addition to the

authority under section 2805(c) of this title, in carrying out a

military construction project for energy resilience, energy security,

or energy conservation under this section, the Secretary concerned

may use amounts available for operation and maintenance for the

military department concerned if the Secretary concerned submits

to the congressional defense committees a notification of the decision

to carry out the project using such amounts and includes in the

notification—

‘‘(A) the current estimate of the cost of the project;

‘‘(B) the source of funds for the project; and

‘‘(C) a certification that deferring the project pending the

availability of funds appropriated for or otherwise made avail-

able for military construction would be inconsistent with the

timely assurance of energy resilience, energy security, or energy

conservation for one or more critical national security functions.

Cost estimates.

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135 STAT. 2189 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(2) A project carried out under this section using amounts

under paragraph (1) may be carried out only after the end of

the seven-day period beginning on the date on which a copy of

the notification described in paragraph (1) is provided in an elec-

tronic medium pursuant to section 480 of this title.

‘‘(3) The maximum aggregate amount that the Secretary con-

cerned may obligate from amounts available to the military depart-

ment concerned for operation and maintenance in any fiscal year

for projects under the authority of this subsection is $100,000,000.’’.

SEC. 2805. FLOOD RISK MANAGEMENT FOR MILITARY CONSTRUCTION.

(a) F

URTHER

ODIFICATION OF

EPARTMENT OF

EFENSE

ORM

1391.—Section 2805(a)(1) of the Military Construction Authorization

Act for Fiscal Year 2019 (division B of Public Law 115–232; 132

Stat. 2262; 10 U.S.C. 2802 note) is amended—

(1) in subparagraph (A), by inserting ‘‘or a 500-year flood-

plain if outside a 100-year floodplain’’ after ‘‘100-year flood-

plain’’; and

(2) in subparagraph (B), by striking ‘‘100-year floodplain’’

and inserting ‘‘floodplain described in subparagraph (A)’’.

(b) R

EPORTING

EQUIREMENTS

.—Section 2805(a)(3) of the Mili-

tary Construction Authorization Act for Fiscal Year 2019 (division

B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note)

is amended—

(1) in subparagraph (A), by inserting before the period

at the end the following: ‘‘using hydrologic, hydraulic, and

hydrodynamic data, methods, and analysis that integrate cur-

rent and projected changes in flooding based on climate science

over the anticipated service life of the facility and future fore-

casted land use changes’’; and

(2) in subparagraph (D), by inserting after ‘‘future’’ the

following: ‘‘flood risk and’’.

ITIGATION

LAN

SSUMPTIONS

.—Section 2805(a)(4) of the

Military Construction Authorization Act for Fiscal Year 2019 (divi-

sion B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802

note) is amended—

(1) in subparagraphs (A) and (B), by striking ‘‘buildings’’

and inserting ‘‘facilities’’; and

(2) in subparagraph (C), by inserting after ‘‘future’’ the

following: ‘‘flood risk and’’.

(d) C

ONFORMING

MENDMENT OF

NIFIED

ACILITIES

TERIA

.—

(1) A

MENDMENT REQUIRED

.—Not later than September 1,

2022, the Secretary of Defense shall amend the Unified Facili-

ties Criteria relating to military construction planning and

design to ensure that building practices and standards of the

Department of Defense incorporate the minimum flood mitiga-

tion requirements of section 2805(a) of the Military Construc-

tion Authorization Act for Fiscal Year 2019 (division B of Public

Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note), as amended

by this section.

(2) I

MPLEMENTATION OF UNIFIED FACILITIES CRITERIA

AMENDMENTS

.—

(A) I

MPLEMENTATION

.—Any Department of Defense

Form 1391 submitted to Congress after September 1, 2022,

shall comply with the Unified Facilities Criteria, as

amended pursuant to paragraph (1).

Compliance.

10 USC 2802

note.

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135 STAT. 2190 PUBLIC LAW 117–81—DEC. 27, 2021

(B) C

ERTIFICATION

.—Not later than March 1, 2023,

the Secretary of Defense shall certify to the Committees

on Armed Services of the House of Representatives and

the Senate the completion of the amendment process

required by paragraph (1) and the full incorporation of

the amendments into military construction planning and

design.

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.

(a) T

YEAR

XTENSION OF

UTHORITY

.—Subsection (h) of sec-

tion 2808 of the Military Construction Authorization Act for Fiscal

Year 2004 (division B of Public Law 108–136; 117 Stat. 1723),

as most recently amended by section 2806(a) of the Military

Construction Authorization Act for Fiscal Year 2021 (division B

of Public Law 116–283), is further amended—

(1) in paragraph (1), by striking ‘‘December 31, 2021’’ and

inserting ‘‘December 31, 2023’’; and

(2) paragraph (2), by striking ‘‘fiscal year 2022’’ and

inserting ‘‘fiscal year 2024’’.

(b) C

ONTINUATION OF

IMITATION ON

SE OF

UTHORITY

.—

Subsection (c)(1) of section 2808 of the Military Construction

Authorization Act for Fiscal Year 2004 (division B of Public Law

108–136; 117 Stat. 1723), as most recently amended by subsections

(b) and (c) of section 2806 of the Military Construction Authorization

Act for Fiscal Year 2021 (division B of Public Law 116–283), is

further amended—

(1) by striking subparagraphs (A) and (B);

(2) by redesignating subparagraph (C) as subparagraph

(A); and

(3) by adding at the end the following new subparagraphs:

‘‘(B) The period beginning October 1, 2021, and ending

on the earlier of December 31, 2022, or the date of the enact-

ment of an Act authorizing funds for military activities of

the Department of Defense for fiscal year 2023.

‘‘(C) The period beginning October 1, 2022, and ending

on the earlier of December 31, 2023, or the date of the enact-

ment of an Act authorizing funds for military activities of

the Department of Defense for fiscal year 2024.’’.

STABLISHMENT OF

ROJECT

ONETARY

IMITATION

.—Sub-

section (c) of section 2808 of the Military Construction Authorization

Act for Fiscal Year 2004 (division B of Public Law 108–136; 117

Stat. 1723) is amended by adding at the end the following new

paragraph:

‘‘(3) The total amount of operation and maintenance funds

used for a single construction project carried out under the authority

of this section shall not exceed $15,000,000. The Secretary of

Defense may waive this limitation on a project-by-project basis.

This waiver authority may not be delegated.’’.

(d) M

ODIFICATION OF

OTICE AND

AIT

EQUIREMENT

.—Sub-

section (b) of section 2808 of the Military Construction Authorization

Act for Fiscal Year 2004 (division B of Public Law 108–136; 117

Stat. 1723) is amended—

(1) by striking ‘‘10-day period’’ and inserting ‘‘14-day

period’’; and

Waiver authority.

Deadline.

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135 STAT. 2191 PUBLIC LAW 117–81—DEC. 27, 2021

(2) by striking ‘‘or, if earlier, the end of the 7-day period

beginning on the date on which’’ and inserting ‘‘, including

when’’.

Subtitle B—Continuation of Military

Housing Reforms

SEC. 2811. MODIFICATION OF CALCULATION OF MILITARY HOUSING

CONTRACTOR PAY FOR PRIVATIZED MILITARY HOUSING.

Section 606(a) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10

U.S.C. 2871 note), as amended by section 3036 of the Military

Construction Authorization Act for Fiscal Year 2020 (division B

of Public Law 116–92; 133 Stat. 1938) and section 2811(i) of the

Military Construction Authorization Act for Fiscal Year 2021 (divi-

sion B of Public Law 116–283), is further amended—

(1) in paragraph (1)(B)—

(A) by striking ‘‘2.5 percent’’ and inserting ‘‘50 percent’’;

and

(B) by striking ‘‘section 403(b)(3)(A)(i)’’ and inserting

‘‘section 403(b)(3)(A)(ii)’’; and

(2) in paragraph (2)(B)—

(A) by striking ‘‘2.5 percent’’ and inserting ‘‘50 percent’’;

and

(B) by striking ‘‘section 403(b)(3)(A)(i)’’ and inserting

‘‘section 403(b)(3)(A)(ii)’’.

SEC. 2812. APPLICABILITY OF WINDOW FALL PREVENTION REQUIRE-

MENTS TO ALL MILITARY FAMILY HOUSING WHETHER

PRIVATIZED OR GOVERNMENT-OWNED AND GOVERN-

MENT-CONTROLLED.

(a) T

RANSFER OF

INDOW

ALL

REVENTION

ECTION TO

ILI

TARY

AMILY

OUSING

DMINISTRATION

UBCHAPTER

.—Section 2879

of title 10, United States Code—

(1) is transferred to appear after section 2856 of such

title; and

(2) is redesignated as section 2857.

(b) A

PPLICABILITY OF

ECTION TO

ILITARY

AMILY

OUSING

.—Section 2857 of title 10, United States Code, as trans-

ferred and redesignated by subsection (a), is amended—

(1) in subsection (a)(1), by striking ‘‘acquired or constructed

under this chapter’’;

(2) in subsection (b)(1), by striking ‘‘acquired or constructed

under this chapter’’; and

(3) by adding at the end the following new subsection:

‘‘(e) A

PPLICABILITY TO

ILITARY

AMILY

OUSING

.—This

section applies to military family housing under the jurisdiction

of the Department of Defense and military family housing acquired

or constructed under subchapter IV of this chapter.’’.

MPLEMENTATION

LAN

.—In the report required to be sub-

mitted in 2022 pursuant to subsection (d) of section 2857 of title

10, United States Code, as transferred and redesignated by sub-

section (a) and amended by subsection (b), the Secretary of Defense

shall include a plan for implementation of the fall protection devices

described in subsection (a)(3) of such section as required by such

section.

10 USC 2851

prec., 2871 prec.

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135 STAT. 2192 PUBLIC LAW 117–81—DEC. 27, 2021

(d) L

IMITATION ON

SE OF

UNDS

ENDING

UBMISSION OF

VERDUE

EPORT

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2022 for

the Office of the Assistant Secretary of Defense for Energy, Installa-

tions, and Environment, not more than 50 percent may be obligated

or expended until the date on which the Secretary of Defense

certifies to the congressional defense committees that—

(1) the independent assessment required by section 2817(b)

of the Military Construction Authorization Act of 2018 (division

B of Public Law 115–91; 131 Stat. 1852) has been initiated;

and

(2) the Secretary expects the report containing the results

of the assessment to be submitted to the congressional defense

committees by February 1, 2023.

SEC. 2813. APPLICABILITY OF DISABILITY LAWS TO PRIVATIZED MILI-

TARY HOUSING UNITS AND CLARIFICATION OF PROHIBI-

TION AGAINST COLLECTION FROM TENANTS OF AMOUNTS

IN ADDITION TO RENT.

(a) A

PPLICABILITY OF

ISABILITY

AWS

.—Section 2891 of title

10, United States Code, is amended—

(1) by redesignating subsection (g) as subsection (h); and

(2) by inserting after subsection (f) the following new sub-

section (g):

‘‘(g) A

PPLICABILITY OF

ISABILITY

AWS

.—For purposes of this

subchapter and subchapter IV of this chapter, housing units shall

be considered as military family housing for purposes of application

of Department of Defense policy implementing section 804 of the

Fair Housing Act (42 U.S.C. 3604) and title III of the Americans

with Disabilities Act of 1990 (42 U.S.C. 12181 et seq.).’’.

(b) C

LARIFICATION OF

ROHIBITION

.—

(1) T

REATMENT OF REASONABLE MODIFICATION AND

ACCOMMODATION REQUIREMENTS

.—Section 2891a(e) of title 10,

United States Code, is amended by adding at the end the

following new paragraph:

‘‘(3)(A) Costs incurred to reasonably modify or upgrade a

housing unit to comply with standards addressing discrimination

against an individual with a disability established pursuant to

the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et

seq.), or to meet the reasonable modification and accommodation

requirements of section 804 of the Fair Housing Act (42 U.S.C.

3604) and in order to facilitate occupancy of a housing unit by

an individual with a disability, may not be considered optional

services under paragraph (2)(A)(i) or another exception to the

prohibition in paragraph (1) against collection from tenants of

housing units of amounts in addition to rent.

‘‘(B) In subparagraph (A), the term ‘disability’ has the meaning

given that term in section 3 of the Americans with Disabilities

Act of 1990 (42 U.S.C. 12102).’’.

(2) A

PPLICABILITY OF REQUIREMENTS

.—Subsection (e)(3) of

section 2891a of title 10, United States Code, as added by

paragraph (1), shall apply to contracts described in subsection

(a) of such section entered into on or after the date of the

enactment of this Act.

10 USC 2891a

note.

Compliance.

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135 STAT. 2193 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 2814. REQUIRED INVESTMENTS IN IMPROVING MILITARY

UNACCOMPANIED HOUSING.

(a) I

NVESTMENTS IN

ILITARY

NACCOMPANIED

OUSING

.—Of

the total amount authorized to be appropriated by the National

Defense Authorization Act for a covered fiscal year for Facilities

Sustainment, Restoration, and Modernization activities of a military

department, the Secretary of that military department shall reserve

an amount equal to five percent of the estimated replacement

cost of the total inventory of unaccompanied housing under the

jurisdiction of that Secretary for the purpose of carrying out projects

for the improvement of military unaccompanied housing.

(b) D

EFINITIONS

.—In this section:

(1) The term ‘‘military unaccompanied housing’’ means mili-

tary housing intended to be occupied by members of the Armed

Forces serving a tour of duty unaccompanied by dependents.

(2) The term ‘‘replacement cost’’, with respect to military

unaccompanied housing, means the amount that would be

required to replace the remaining service potential of that

military unaccompanied housing.

URATION OF

NVESTMENT

EQUIREMENT

.—The requirement

in subsection (a) shall apply for fiscal years 2022 through 2026.

SEC. 2815. IMPROVEMENT OF SECURITY OF LODGING AND LIVING

SPACES ON MILITARY INSTALLATIONS.

(a) A

SSESSMENT

.—Not later than 60 days after the date of

the enactment of this Act, the Secretary of Defense shall conduct

an assessment of all on-base dormitories and barracks at military

installations for purposes of identifying—

(1) locking mechanisms on points of entry into the main

facility, including doors and windows, or interior doors leading

into private sleeping areas that require replacing or repairing;

(2) areas, such as exterior sidewalks, entry points, and

other public areas where closed-circuit television security cam-

eras should be installed; and

(3) other passive security measures, such as additional

lighting, that may be necessary to prevent crime, including

sexual assault.

(b) E

MERGENCY

EPAIRS

.—The Secretary of Defense shall make

any necessary repairs of broken locks or other safety mechanisms

discovered during the assessment conducted under subsection (a)

not later than 30 days after discovering the issue.

EPORT

.—

(1) I

N GENERAL

.—Not later than 270 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 assessment conducted under subsection (a).

(2) E

LEMENTS

.—The report under paragraph (1) shall

include—

(A) a cost estimate to make any improvements rec-

ommended pursuant to the assessment under subsection

(a), disaggregated by military department and installation;

and

(B) an estimated schedule for making such improve-

ments.

Schedule.

Cost estimate.

Deadline.

10 USC 2851

note prec.

Applicability.

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135 STAT. 2194 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 2816. IMPROVEMENT OF DEPARTMENT OF DEFENSE CHILD

DEVELOPMENT CENTERS AND INCREASED AVAILABILITY

OF CHILD CARE FOR CHILDREN OF MILITARY PER-

SONNEL.

(a) S

AFETY

NSPECTION OF

HILD

EVELOPMENT

ENTERS

.—

Not later than one year after the date of the enactment of this

Act, each Secretary of a military department shall complete an

inspection of all facilities under the jurisdiction of that Secretary

used as a child development center to identify any unresolved

safety issues, including lead, asbestos, and mold, that adversely

impact the facilities.

(b) B

RIEFING ON

ESULTS OF

AFETY

NSPECTIONS AND

EMEDI

ATION

LANS

.—

(1) B

RIEFING REQUIRED

.—Not later than March 1, 2022,

each Secretary of a military department shall brief the Commit-

tees on Armed Services of the Senate and the House of Rep-

resentatives regarding the results of the safety inspections con-

ducted of child development centers under the jurisdiction of

that Secretary.

(2) R

EQUIRED ELEMENTS OF BRIEFING

.—In the briefing

required by paragraph (1), the Secretary of a military depart-

ment shall provide the following:

(A) A list of any child development centers under the

jurisdiction of that Secretary considered to be in poor or

failing condition. In the case of each child development

center included on this list, the Secretary shall provide

a remediation plan for the child development center, which

shall include the following elements:

(i) An estimate of the funding required to complete

the remediation plan.

(ii) The Secretary’s funding strategy to complete

the remediation plan.

(iii) Any additional statutory authorities the Sec-

retary needs to complete the remediation plan

(B) A list of life-threatening and non-life-threatening

violations during the previous three years recorded at child

development centers under the jurisdiction of that Sec-

retary that are not included on the list required by subpara-

graph (A), which shall include the name of the installation

where the violation occurred and date of inspection.

ening and non-life-threatening violation, including with

regard to the presence of lead, asbestos, and mold.

(D) A list of how often the 90-day remediation require-

ment has been waived and the name of each child develop-

ment center under the jurisdiction of that Secretary at

which a waiver was granted.

(E) Data on child development center closures under

the jurisdiction of that Secretary due to a non-life-threat-

ening violation not remedied within 90 days.

(F) An additional plan to conduct preventive mainte-

nance on other child development centers under the juris-

diction of that Secretary to prevent additional child develop-

ment centers from degrading to poor or failing condition.

ARTNERSHIPS

NCOURAGED FOR

HILD

ARE FOR

HILDREN

ILITARY

ERSONNEL

.—Beginning one year after the date of

the enactment of this Act, and pursuant to such regulations as

Effective date.

Time period.

Strategy.

Funding

estimate.

Lists.

Deadline.

10 USC 1791

note.

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135 STAT. 2195 PUBLIC LAW 117–81—DEC. 27, 2021

the Secretary of Defense may prescribe, each Secretary of a military

department is encouraged to enter into agreements with public

and private entities to provide child care to the children of personnel

(including members of the Armed Forces and civilian employees

of the Department of Defense) under the jurisdiction of that Sec-

retary.

(d) A

NNUAL

TATUS

PDATES

.—Not later than 18 months after

the date of the enactment of this Act, and every 12 months there-

after, each Secretary of a military department shall brief the

Committees on Armed Services of the Senate and the House of

Representatives on the progress made by that Secretary—

(1) in implementing the child development center remedi-

ation plans required by subsection (b)(2)(A) for child develop-

ment centers under the jurisdiction of that Secretary considered

to be in ‘‘poor’’ or ‘‘failing’’ condition, including details about

projects planned, funded, under construction, and completed

under the plans;

(2) in conducting preventive maintenance on other child

development centers under the jurisdiction of that Secretary

pursuant to the preventive maintenance plan required by sub-

section (b)(2)(F); and

(3) in entering into partnerships encouraged by subsection

(c), including with regard to each partnership—

(A) the terms of the agreement, including cost to the

United States;

(B) the number of children described in such subpara-

graph projected to receive child care under the partnership;

and

who received child care under the partnership during the

previous year.

(e) C

HILD

EVELOPMENT

ENTER

EFINED

.—In this section,

the term ‘‘child development center’’ has the meaning given that

term in section 2871(2) of title 10, United States Code, and includes

facilities identified as a child care center or day care center.

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.

Chapter 861 of title 10, United States Code, is amended by

inserting after section 8616 the following new section:

‘‘§ 8617. National Museum of the United States Navy

‘‘(a) A

UTHORITY TO

UPPORT

EVELOPMENT AND

PERATION OF

USEUM

.—(1) The Secretary of the Navy may select and enter

into a contract, cooperative agreement, or other agreement with

one or more eligible nonprofit organizations to support the develop-

ment, design, construction, renovation, or operation of a multipur-

pose museum to serve as the National Museum of the United

States Navy.

‘‘(2) The Secretary may—

10 USC 8617.

10 USC 8604

prec.

Deadline.

Briefing.

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135 STAT. 2196 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(A) authorize a partner organization to contract for each

phase of development, design, construction, renovation, or oper-

ation of the museum, or all such phases; or

‘‘(B) authorize acceptance of funds from a partner organiza-

tion for each or all such phases.

‘‘(b) P

URPOSES OF

USEUM

.—(1) The museum shall be used

for the identification, curation, storage, and public viewing of arti-

facts and artwork of significance to the Navy, as agreed to by

the Secretary of the Navy.

‘‘(2) The museum also may be used to support such education,

training, research, and associated activities as the Secretary con-

siders compatible with and in support of the museum and the

mission of the Naval History and Heritage Command.

‘‘(c) A

CCEPTANCE

PON

OMPLETION

.—Upon the satisfactory

completion, as determined by the Secretary of the Navy, of any

phase of the museum, and upon the satisfaction of any financial

obligations incident thereto, the Secretary shall accept such phase

of the museum from the partner organization, and all right, title,

and interest in and to such phase of the museum shall vest in

the United States. Upon becoming the property of the United States,

the Secretary shall assume administrative jurisdiction over such

phase of the museum.

‘‘(d) L

EASE

UTHORITY

.—(1) The Secretary of the Navy may

lease portions of the museum to an eligible nonprofit organization

for use in generating revenue for the support of activities of the

museum and for such administrative purposes as may be necessary

for support of the museum. Such a lease may not include any

part of the collection of the museum.

‘‘(2) Any rent received by the Secretary under a lease under

paragraph (1), including rent-in-kind, shall be used solely to cover

or defray the costs of development, maintenance, or operation of

the museum.

‘‘(e) A

UTHORITY TO

CCEPT

IFTS

.—(1) The Secretary of the

Navy may accept, hold, administer, and spend any gift, devise,

or bequest of real property, personal property, or money made

on the condition that the gift, devise, or bequest be used for the

benefit, or in connection with, the establishment, operation, or

maintenance, of the museum. Section 2601 (other than subsections

(b), (c), and (e)) of this title shall apply to gifts accepted under

this subsection.

‘‘(2) The Secretary may display at the museum recognition

for an individual or organization that contributes money to a

partner organization, or an individual or organization that contrib-

utes a gift directly to the Navy, for the benefit of the museum,

whether or not the contribution is subject to the condition that

the recognition be provided. The Secretary shall prescribe regula-

tions governing the circumstances under which contributor recogni-

tion may be provided, appropriate forms of recognition, and suitable

display standards.

‘‘(3) The Secretary may authorize the sale of donated property

received under paragraph (1). A sale under this paragraph need

not be conducted in accordance with disposal requirements that

would otherwise apply, so long as the sale is conducted at arms-

length and includes an auditable transaction record.

‘‘(4) Any money received under paragraph (1) and any proceeds

from the sale of property under paragraph (3) shall be deposited

into a fund established in the Treasury to support the museum.

Regulations.

Applicability.

Determination.

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135 STAT. 2197 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(f) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary of the

Navy may require such additional terms and conditions in connec-

tion with a contract, cooperative agreement, or other agreement

under subsection (a) or a lease under subsection (d) as the Secretary

considers appropriate to protect the interests of the United States.

‘‘(g) U

SE OF

AVY

NDICATORS

.—(1) In a contract, cooperative

agreement, or other agreement under subsection (a) or a lease

under subsection (d), the Secretary of the Navy may authorize,

consistent with section 2260 (other than subsection (d)) of this

title, a partner organization to enter into licensing, marketing,

and sponsorship agreements relating to Navy indicators, including

the manufacture and sale of merchandise for sale by the museum,

subject to the approval of the Department of the Navy.

‘‘(2) No such licensing, marketing, or sponsorship agreement

may be entered into if it would reflect unfavorably on the ability

of the Department of the Navy, any of its employees, or any member

of the armed forces to carry out any responsibility or duty in

a fair and objective manner, or if the Secretary determines that

the use of the Navy indicator would compromise the integrity or

appearance of integrity of any program of the Department of the

Navy.

‘‘(h) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘eligible nonprofit organization’ means an

entity that—

‘‘(A) qualifies as an exempt organization under section

501(c)(3) of the Internal Revenue Code of 1986; and

‘‘(B) has as its primary purpose the preservation and

promotion of the history and heritage of the Navy.

‘‘(2) The term ‘museum’ means the National Museum of

the United States Navy, including its facilities and grounds.

‘‘(3) The term ‘Navy indicator’ includes trademarks and

service marks, names, identities, abbreviations, official insignia,

seals, emblems, and acronyms of the Navy and Marine Corps,

including underlying units, and specifically includes the term

‘National Museum of the United States Navy’.

‘‘(4) The term ‘partner organization’ means an eligible non-

profit organization with whom the Secretary of the Navy enters

into a contract, cooperative agreement, or other agreement

under subsection (a) or a lease under subsection (d).’’.

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.

(a) I

NCLUSION OF

DDITIONAL

NITED

TATES

AVY

USEUMS

.—Section 2852 of the Military Construction Authorization

Act for Fiscal Year 2006 (division B of Public Law 109–163; 119

Stat. 3530) is amended—

(1) in subsection (a)—

(A) by striking the text preceding paragraph (1) and

inserting ‘‘The Secretary of the Navy may lease or license

any portion of the facilities of a United States Navy

museum to a foundation established to support that

museum for the purpose of permitting the foundation to

carry out the following activities:’’; and

10 USC 8617

note.

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135 STAT. 2198 PUBLIC LAW 117–81—DEC. 27, 2021

(B) in paragraphs (1) and (2), by striking ‘‘the United

States Navy Museum’’ and inserting ‘‘that United States

Navy museum’’;

(2) in subsection (b), by striking ‘‘the United States Navy

Museum’’ and inserting ‘‘the United States Navy museum of

which the facility is a part’’;

(3) in subsection (c), by striking ‘‘the Naval Historical

Foundation’’ and inserting ‘‘a foundation described in subsection

(a)’’; and

(4) in subsection (d)—

(A) by striking ‘‘the United States Navy Museum’’ and

inserting ‘‘the applicable United States Navy museum’’;

and

(B) by striking ‘‘the Museum’’ and inserting ‘‘that

museum’’.

(b) U

NITED

TATES

AVY

USEUM

EFINED

.—Section 2852 of

the Military Construction Authorization Act for Fiscal Year 2006

(division B of Public Law 109–163; 119 Stat. 3530) is amended

by adding at the end the following new subsection:

‘‘(f) U

NITED

TATES

AVY

USEUM

.—In this section, the term

‘United States Navy museum’ means a museum under the jurisdic-

tion of the Secretary of Defense and operated through the Naval

History and Heritage Command.’’.

ONFORMING

LERICAL

MENDMENT

.—The heading of sec-

tion 2852 of the Military Construction Authorization Act for Fiscal

Year 2006 (division B of Public Law 109–163; 119 Stat. 3530)

is amended by striking ‘‘

AT WASHINGTON

NAVY YARD

DISTRICT

OF COLUMBIA

’’.

Subtitle D—Military Facilities Master Plan

Requirements

SEC. 2831. COOPERATION WITH STATE AND LOCAL GOVERNMENTS IN

DEVELOPMENT OF MASTER PLANS FOR MAJOR MILITARY

INSTALLATIONS.

Section 2864(a) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3)(A) The commander of a major military installation shall

develop and update the master plan for that major military installa-

tion in consultation with representatives of the government of the

State in which the installation is located and representatives of

local governments in the vicinity of the installation to improve

cooperation and consistency between the Department of Defense

and such governments in addressing each component of the master

plan described in paragraph (1).

‘‘(B) The consultation required by subparagraph (A) is in addi-

tion to the consultation specifically required by subsection (b)(1)

in connection with the transportation component of the master

plan for a major military installation.’’.

SEC. 2832. ADDITIONAL CHANGES TO REQUIREMENTS REGARDING

MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS.

(a) C

ONSIDERATION OF

ILITARY

NSTALLATION

ESILIENCE

.—

Section 2864(a)(2)(E) of title 10, United States Code, is amended

by inserting before the period at the end the following: ‘‘and military

installation resilience’’.

Update.

Consultation.

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135 STAT. 2199 PUBLIC LAW 117–81—DEC. 27, 2021

(b) C

OORDINATION

FFORTS

ELATED TO

ILITARY

NSTALLA

TION

ESILIENCE

OMPONENT

.—Section 2864(c) of title 10, United

States Code, is amended—

(1) by redesignating paragraph (7) as paragraph (8); and

(2) by inserting after paragraph (6) the following new para-

graph:

‘‘(7) Extent of current coordination efforts and plans for

additional coordination, as of the time of the development of

the plan, with public or private entities for the purpose of

maintaining or enhancing military installation resilience or

resilience of the community infrastructure and resources

described in paragraph (5).’’.

ROSS

EFERENCE TO

EFINITION OF

ILITARY

NSTALLA

TION

ESILIENCE

.—Section 2864(f) of title 10, United States Code,

is amended by adding at the end the following new paragraph:

‘‘(6) The term ‘military installation resilience’ has the

meaning given that term in section 101(e) of this title.’’.

SEC. 2833. PROMPT COMPLETION OF MILITARY INSTALLATION RESIL-

IENCE COMPONENT OF MASTER PLANS FOR AT-RISK

MAJOR MILITARY INSTALLATIONS.

(a) I

DENTIFICATION OF

-R

ISK

NSTALLATIONS

.—Not later than

30 days after the date of the enactment of this Act, each Secretary

of a military department shall—

(1) identify at least two major military installations under

the jurisdiction of that Secretary that the Secretary considers

at risk from extreme weather events; and

(2) notify the Committees on Armed Services of the Senate

and the House of Representatives of the major military installa-

tions identified under paragraph (1).

(b) C

OMPLETION

EADLINE

.—Not later than one year after the

date of the enactment of this Act, each Secretary of a military

department shall ensure that the military installation resilience

component of the master plan for each major military installation

identified by the Secretary under subsection (a) is completed.

RIEFINGS

.—Not later than 60 days after completion of

a master plan component as required by subsection (b) for a major

military installation, the Secretary of the military department con-

cerned shall brief the Committees on Armed Services of the Senate

and the House of Representatives regarding the results of the

master plan efforts for that major military installation.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘major military installation’’ has the meaning

given that term in section 2864(f) of title 10, United States

Code.

(2) The term ‘‘master plan’’ means the master plan required

by section 2864(a) of title 10, United States Code, for a major

military installation.

SEC. 2834. MASTER PLANS AND INVESTMENT STRATEGIES FOR ARMY

AMMUNITION PLANTS GUIDING FUTURE INFRASTRUC-

TURE, FACILITY, AND PRODUCTION EQUIPMENT

IMPROVEMENTS.

(a) S

UBMISSION OF

ASTER

LANS AND

NVESTMENT

TRATE

GIES

.—Not later than March 31, 2022, the Secretary of the Army

shall submit to the congressional defense committees a report con-

taining the following:

Reports.

Deadline.

Notification.

Deadline.

10 USC 2864

note.

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135 STAT. 2200 PUBLIC LAW 117–81—DEC. 27, 2021

(1) The master plan for each of the ammunition organic

industrial base production facilities under the jurisdiction of

the Secretary of the Army (in this section referred to as an

‘‘ammunition production facility’’) that was developed to guide

planning and budgeting for future infrastructure construction,

facility improvements, and production equipment needs at the

ammunition production facility.

(2) An investment strategy to address the facility, major

equipment, and infrastructure requirements at each ammuni-

tion production facility in order to support the readiness and

material availability goals of current and future weapons sys-

tems of the Department of Defense.

(b) E

LEMENTS OF

ASTER

LAN

.—To satisfy the requirements

of subsection (a)(1), the master plan for an ammunition production

facility must incorporate the results of a review of industrial proc-

esses, logistics streams, and workload distribution required to sup-

port production objectives and the facility requirements to support

optimized processes and include the following specific elements:

(1) A description of all infrastructure construction and

facility improvements planned or being considered for the

ammunition production facility and production equipment

planned or being considered for installation, modernization,

or replacement.

(2) An explanation of how the master plan for the ammuni-

tion production facility will promote efficient, effective, resilient,

secure, and cost-effective production of ammunition and

ammunition components for the Armed Forces.

(3) A description of how development of the master plan

for the ammunition production facility included input from

the contractor operating the ammunition production facility

and how implementation of that master plan will be coordinated

with the contractor.

(4) A review of current and projected workload require-

ments for the manufacturing of energetic materials, including

propellants, explosives, pyrotechnics, and the ingredients for

propellants, explosives, and pyrotechnics, to assess efficiencies

in the use of existing facilities, including consideration of new

weapons characteristics and requirements, obsolescence of

facilities, siting of facilities and equipment, and various con-

strained process flows.

(5) An analysis of life-cycle costs to repair and modernize

existing mission-essential facilities versus the cost to consoli-

date functions into modern, right-sized facilities at each location

to meet current and programmed future mission requirements.

(6) A review of the progress made in prioritizing and

funding projects that facilitate process efficiencies and consoli-

date and contribute to availability cost and schedule reductions.

(7) An accounting of the backlog of restoration and mod-

ernization projects at the ammunition production facility.

LEMENTS OF

NVESTMENT

TRATEGY

.—To satisfy the

requirements of subsection (a)(2), the investment strategy for an

ammunition production facility must include the following specific

elements:

(1) A description of the funding sources for such infrastruc-

ture construction, facility improvements, and production equip-

ment, including authorized military construction projects,

appropriations available for operation and maintenance, and

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135 STAT. 2201 PUBLIC LAW 117–81—DEC. 27, 2021

appropriations available for procurement of Army ammunition

in order to support the readiness and material availability

goals of current and future weapons systems of the Department

of Defense.

(2) A timeline to complete the investment strategy.

(3) A list of projects and a brief scope of work for each

such project.

(4) Cost estimates necessary to complete projects for mis-

sion essential facilities.

(d) A

NNUAL

PDATES

.—Not later than March 31, 2023, and

each March 31 thereafter through March 31, 2026, the Secretary

of the Army shall submit to the congressional defense committees

a report containing the following:

(1) A description of any revisions made during the previous

year to master plans and investment strategies submitted under

subsection (a).

(2) A description of any revisions to be made or being

considered to the master plans and investment strategies.

(3) An explanation of the reasons for each revision, whether

made, to be made, or being considered.

(4) A description of the progress made in improving infra-

structure, facility, and production equipment at each ammuni-

tion production facility consistent with the master plans and

investment strategies.

(e) D

ELEGATION

UTHORITY

.—The Secretary of the Army shall

carry out this section acting through the Assistant Secretary of

the Army for Acquisition, Logistics, and Technology.

Subtitle E—Matters Related to Unified Fa-

cilities Criteria and Military Construc-

tion Planning and Design

SEC. 2841. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO

REQUIRE INCLUSION OF PRIVATE NURSING AND LACTA-

TION SPACE IN CERTAIN MILITARY CONSTRUCTION

PROJECTS.

(a) A

MENDMENT

EQUIRED

.—The Secretary of Defense shall

amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified

Facilities Criteria/DoD Building Code (UFC 1–200–01) to require

that military construction planning and design for buildings likely

to be regularly frequented by nursing mothers who are members

of the uniformed services, civilian employees of the Department

of Defense, contractor personnel, or visitors include a private

nursing and lactation room or other private space suitable for

that purpose.

(b) D

EADLINE

.—The Secretary of Defense shall complete the

amendment process required by subsection (a) and implement the

amended UFC 1–4.2 not later than one year after the date of

the enactment of this Act.

SEC. 2842. REVISIONS TO UNIFIED FACILITIES CRITERIA REGARDING

USE OF VARIABLE REFRIGERANT FLOW SYSTEMS.

(a) P

UBLICATION AND

OMMENT

ERIOD

EQUIREMENTS

.—The

Under Secretary of Defense for Acquisition and Sustainment shall

publish any proposed revisions to the Unified Facilities Criteria

Federal Register,

publication.

10 USC 2802

note.

10 USC 2802

note.

Reports.

Time period.

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135 STAT. 2202 PUBLIC LAW 117–81—DEC. 27, 2021

regarding the use of variable refrigerant flow systems in the Federal

(b) N

OTICE AND

USTIFICATION

EQUIREMENTS

.—The Secretary

of Defense shall submit to the Committees on Armed Services

of the Senate and the House of Representatives a written notice

and justification for any proposed revisions to the Unified Facilities

Criteria regarding the use of variable refrigerant flow systems

not later than 30 days after the date of publication in the Federal

SEC. 2843. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PRO-

MOTE ENERGY EFFICIENT MILITARY INSTALLATIONS.

(a) U

NIFIED

ACILITIES

RITERIA

MENDMENT

EQUIRED

.—To

the extent practicable, the Secretary of Defense shall amend the

Unified Facilities Criteria relating to military construction planning

and design to ensure that building practices and standards of

the Department of Defense incorporate the latest consensus-based

codes and standards for energy efficiency and conservation,

including the 2021 International Energy Conservation Code and

the ASHRAE Standard 90.1-2019.

(b) I

MPLEMENTATION OF

MENDMENT

.—The Secretary of

Defense shall complete the amendment process required by sub-

section (a) in a timely manner so that any Department of Defense

Form 1391 submitted to Congress in connection with the budget

submission for fiscal year 2024 and thereafter complies with the

Unified Facilities Criteria, as amended pursuant to such subsection.

EPORTING

EQUIREMENT

.—Not later than February 1, 2024,

the Secretary of Defense shall submit to the Committees on Armed

Services of the House of Representatives and the Senate a report—

(1) describing the extent to which the Unified Facilities

Criteria, as amended pursuant to subsection (a), incorporate

the latest consensus-based codes and standards for energy effi-

ciency and conservation, including the 2021 International

Energy Conservation Code and the ASHRAE Standard 90.1-

2019, as required by such subsection; and

(2) in the case of any instance in which the Unified Facili-

ties Criteria continues to deviate from such consensus-based

codes and standards for energy efficiency and conservation,

identifying the deviation and explaining the reasons for the

deviation.

SEC. 2844. ADDITIONAL DEPARTMENT OF DEFENSE ACTIVITIES TO

IMPROVE ENERGY RESILIENCY OF MILITARY INSTALLA-

TIONS.

(a) C

ONSIDERATION OF

NCLUDING

NERGY

ICROGRID IN

ILI

TARY

ONSTRUCTION

ROJECTS

.—

(1) A

MENDMENT OF UNIFIED FACILITIES CRITERIA

REQUIRED

.—The Secretary of Defense shall amend the Unified

Facilities Criteria/DoD Building Code (UFC 1–200–01) to

require that planning and design for military construction

projects inside the United States include consideration of the

feasibility and cost-effectiveness of installing an energy

microgrid as part of the project, including intentional islanding

capability of at least seven consecutive days, for the purpose

of—

(A) promoting on-installation energy security and

energy resilience; and

10 USC 2802

note.

Compliance.

10 USC 2802

note.

Deadline.

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135 STAT. 2203 PUBLIC LAW 117–81—DEC. 27, 2021

(B) facilitating implementation and greater use of the

authority provided by subsection (h) of section 2911 of

title 10, United States Code, as added and amended by

section 2825 of the Military Construction Authorization

Act for Fiscal Year 2021 (division B of Public Law 116–

283).

(2) D

EADLINE

.—The Secretary of Defense shall complete

the amendment process required by paragraph (1) and imple-

ment the amendment not later than September 1, 2022.

(b) C

ONTRACTS FOR

MERGENCY

CCESS TO

XISTING

INSTALLATION

ENEWABLE

NERGY

OURCES

.—In the case of a cov-

ered renewable energy generating source located on a military

installation pursuant to a lease of non-excess defense property

under section 2667 of title 10, United States Code, the Secretary

of the military department concerned is encouraged to negotiate

with the owner and operator of the renewable energy generating

source to revise the lease contract to permit the military installation

to access the renewable energy generating source during an emer-

gency. The negotiations shall include consideration of the ease

of modifying the renewable energy generating source to include

an islanding capability, the necessity of additional infrastructure

to tie the renewable energy generating source into the installation

energy grid, and the cost of such modifications and infrastructure.

EFINITIONS

.—In this section:

(1) The term ‘‘covered renewable energy generating source’’

means a renewable energy generating source that, on the date

of the enactment of this Act—

(A) is located on a military installation inside the

United States; but

(B) cannot be used as a direct source of resilient energy

for the installation in the event of a power disruption.

(2) The term ‘‘islanding capability’’ refers to the ability

to remove an energy system, such as a microgrid, from the

local utility grid and to operate the energy system, at least

temporarily, as an integrated, stand-alone system, during an

emergency involving the loss of external electric power supply.

(3) The term ‘‘microgrid’’ means an integrated energy

system consisting of interconnected loads and energy resources

with an islanding capability to permit functioning separate

from the local utility grid.

Subtitle F—Land Conveyances

SEC. 2851. MODIFICATION OF RESTRICTIONS ON USE OF FORMER NAVY

PROPERTY CONVEYED TO UNIVERSITY OF CALIFORNIA,

SAN DIEGO, CALIFORNIA.

(a) M

ODIFICATION OF

RIGINAL

ESTRICTION

.—Section 3(a)

of Public Law 87–662 (76 Stat. 546) is amended by inserting after

‘‘educational purposes’’ the following: ‘‘, which may include tech-

nology innovation and entrepreneurship programs and establish-

ment of innovation incubators’’.

(b) E

XECUTION

.—If necessary to effectuate the amendment

made by subsection (a), the Secretary of the Navy shall execute

and file in the appropriate office an amended deed or other appro-

priate instrument reflecting the modification of restrictions on the

Record.

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135 STAT. 2204 PUBLIC LAW 117–81—DEC. 27, 2021

use of former Camp Matthews conveyed to the regents of the

University of California pursuant to Public Law 87–662.

SEC. 2852. LAND CONVEYANCE, JOINT BASE CAPE COD, BOURNE,

MASSACHUSETTS.

(a) C

ONVEYANCE

UTHORIZED

.—The Secretary of the Air Force

may convey to the Commonwealth of Massachusetts (in this section

referred to as the ‘‘Commonwealth’’) all right, title, and interest

of the United States in and to a parcel of real property, including

improvements thereon and related easements, consisting of approxi-

mately 10 acres located on Joint Base Cape Cod, Bourne, Massachu-

setts.

(b) C

ONDITIONS OF

ONVEYANCE

.—The conveyance under sub-

section (a) shall be subject to valid existing rights and the Common-

wealth shall accept the real property, and any improvements

thereon, in its condition at the time of the conveyance (commonly

known as a conveyance ‘‘as is’’).

ONSIDERATION

.—

(1) C

ONSIDERATION REQUIRED

.—As consideration for the

conveyance under subsection (a), the Commonwealth shall pay

to the United States an amount equal to the fair market value

of the right, title, and interest conveyed under subsection (a)

based on an appraisal approved by the Secretary.

(2) T

REATMENT OF CONSIDERATION RECEIVED

.—Consider-

ation received under paragraph (1) shall be deposited in the

special account in the Treasury established under subsection

(b) of section 572 of title 40, United States Code, and shall

be available in accordance with paragraph (5)(B) of such sub-

section.

(d) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Air Force

shall require the Commonwealth to cover all costs (except costs

for environmental remediation of the property) to be incurred

by the Secretary, or to reimburse the Secretary for costs

incurred by the Secretary, to carry out the conveyance under

subsection (a), including survey costs, costs for environmental

documentation, and any other administrative costs related to

the conveyance. If amounts are collected from the Common-

wealth in advance of the Secretary incurring the actual costs,

and the amount collected exceeds the costs actually incurred

by the Secretary to carry out the conveyance, the Secretary

shall refund the excess amount to the Commonwealth.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

as reimbursement under paragraph (1) shall be credited to

the fund or account that was used to cover the costs incurred

by the Secretary in carrying out the conveyance or, if the

period of availability for obligations for that appropriation has

expired, to an appropriate fund or account currently available

to the Secretary for the same purpose. Amounts so credited

shall be merged with amounts in such fund or account, and

shall be available for the same purposes, and subject to the

same conditions and limitations, as amounts in such fund or

account.

(e) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary of

the Air Force.

Determination.

Survey.

Refund.

Reimbursement.

Payment.

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135 STAT. 2205 PUBLIC LAW 117–81—DEC. 27, 2021

(f) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary of the

Air Force may require such additional terms and conditions in

connection with the conveyance under subsection (a) as the Sec-

retary considers appropriate to protect the interests of the United

States.

SEC. 2853. LAND CONVEYANCE, SAINT JOSEPH, MISSOURI.

(a) C

ONVEYANCE

UTHORIZED

.—At such time as the Missouri

Air National Guard vacates their existing location on the southern

end of the airfield at Rosecrans Memorial Airport in Saint Joseph,

Missouri, as determined by the Secretary of the Air Force, the

Secretary may convey to the City of Saint Joseph, Missouri (in

this section referred to as the ‘‘City’’), all right, title, and interest

of the United States in and to a parcel of real property, including

any improvements thereon, consisting of approximately 54 acres

at the Rosecrans Air National Guard Base in Saint Joseph, Mis-

souri, for the purpose of removing the property from the boundaries

of the Rosecrans Air National Guard Base and accommodating

the operations and maintenance needs of the Rosecrans Memorial

Airport as well as the development of the parcels and buildings

for economic purposes.

(b) C

ONDITION OF

ONVEYANCE

.—The conveyance under sub-

section (a) shall be subject to valid existing rights and the City

shall accept the real property (and any improvements thereon)

in its condition at the time of the conveyance (commonly known

as a conveyance ‘‘as is’’).

ONSIDERATION

.—

(1) R

EQUIREMENT

.—As consideration for the conveyance of

the property under subsection (a), the City shall provide the

United States an amount that is equivalent to the fair market

value of the right, title, and interest conveyed under subsection

(a) based on an appraisal approved by the Secretary of the

Air Force.

(2) T

YPES OF CONSIDERATION

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), the consideration required to be provided under para-

graph (1) may be provided by land exchange, in-kind consid-

eration described in subparagraph (D), or a combination

thereof.

(B) L

ESS THAN FAIR MARKET VALUE

.—If the value of

the land exchange or in-kind consideration provided under

subparagraph (A) is less than the fair market value of

the property interest to be conveyed under subsection (a),

the City shall pay to the United States an amount equal

to the difference between the fair market value of the

property interest and the value of the consideration pro-

vided under subparagraph (A).

ASH CONSIDERATION

.—Any cash consideration

received by the United States under this subsection shall

be deposited in the special account in the Treasury estab-

lished under section 572(b)(5) of title 40, United States

Code, and available in accordance with the provisions of

subparagraph (B)(ii) of such section.

(D) I

KIND CONSIDERATION

.—In-kind consideration

described in this subparagraph may include the construc-

tion, provision, improvement, alteration, protection,

Payment.

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135 STAT. 2206 PUBLIC LAW 117–81—DEC. 27, 2021

maintenance, repair, or restoration (including environ-

mental restoration), or a combination thereof, of any facili-

ties or infrastructure relating to the needs of the Missouri

Air National Guard at Rosecrans Air National Guard Base

that the Secretary considers appropriate.

(d) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Air Force

may require the City to cover all costs to be incurred by

the Secretary, or to reimburse the Secretary for costs incurred

by the Secretary, to carry out the conveyance under subsection

(a), including survey costs, costs related to environmental docu-

mentation, and any other administrative costs related to the

conveyance. If amounts paid by the City to the Secretary in

advance exceed the costs actually incurred by the Secretary

to carry out the conveyance, the Secretary shall refund the

excess amount to the City.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

under paragraph (1) as reimbursement for costs incurred by

the Secretary to carry out the conveyance under subsection

(a) shall be credited to the fund or account that was used

to cover the costs incurred by the Secretary in carrying out

the conveyance, or to an appropriate fund or account currently

available to the Secretary for the purposes for which the costs

were paid. Amounts so credited shall be merged with amounts

in such fund or account and shall be available for the same

purposes, and subject to the same conditions and limitations,

as amounts in such fund or account.

(e) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary of

the Air Force.

(f) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary of the

Air Force may require such additional terms and conditions in

connection with the conveyance under subsection (a) as the Sec-

retary considers appropriate to protect the interests of the United

States.

SEC. 2854. LAND CONVEYANCE, DEPARTMENT OF DEFENSE EXCESS

PROPERTY, ST. LOUIS, MISSOURI.

(a) C

ONVEYANCE TO

AND

LEARANCE FOR

EDEVELOPMENT

UTHORITY OF THE

ITY OF

. L

OUIS

.—

(1) C

ONVEYANCE AUTHORIZED

.—The Secretary of the Air

Force may convey to the Land Clearance for Redevelopment

Authority of the City of St. Louis (in this section referred

to as the ‘‘Authority’’) all right, title, and interest of the United

States in and to a parcel of real property, including all improve-

ments thereon, consisting of approximately 24 acres located

at 3200 S. 2nd Street, St. Louis, Missouri, for purpose of permit-

ting the Authority to redevelop the property.

(2) L

IMITATION

.—The Secretary may convey to the

Authority only that portion of the parcel of real property

described in paragraph (1) that is declared excess to the needs

of the Department of Defense.

(b) C

ONSIDERATION

.—

(1) C

ONSIDERATION REQUIRED

.—As consideration for the

conveyance under subsection (a), the Authority shall pay to

the Secretary of the Air Force an amount that is not less

Payment.

Determination.

Survey.

Refund.

Reimbursement.

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135 STAT. 2207 PUBLIC LAW 117–81—DEC. 27, 2021

than the fair market value of the property conveyed, as deter-

mined by the Secretary, whether by cash payment, in-kind

consideration as described under paragraph (2), or a combina-

tion thereof.

(2) I

KIND CONSIDERATION

.—In-kind consideration pro-

vided by the Authority under this subsection may include the

acquisition, construction, provision, improvement, maintenance,

repair, or restoration (including environmental restoration), or

combination thereof, of any facilities or infrastructure, or

delivery of services relating to the needs that the Secretary

considers acceptable.

ERMS OF

ONVEYANCE

.—

(1) I

NSTRUMENT OF CONVEYANCE

;

ACCEPTANCE

.—The

conveyance under subsection (a) shall be subject to valid

existing rights and shall be accomplished using a quitclaim

deed or other legal instrument.

(2) C

ONDITIONS

.—

(A) I

N GENERAL

.—Subject to paragraph (3), the

Authority shall accept the real property conveyed under

subsection (a), and any improvements thereon, in its condi-

tion at the time of the conveyance (commonly known as

a conveyance ‘‘as is’’).

(B) E

NVIRONMENTAL CONDITIONS

.—The conveyance

under subsection (a) may include conditions, restrictions,

or covenants related the environmental condition of the

conveyed property, which shall not adversely interfere with

the use of existing structures and the development of the

property for commercial or industrial uses.

ISTORICAL PROPERTY CONDITIONS

.—The convey-

ance under subsection (a) may include conditions, restric-

tions, or covenants to ensure preservation of historic prop-

erty, notwithstanding the effect such conditions, restric-

tions, or covenants may have on reuse of the property.

(3) C

ONDUCT OF REMEDIATION

.—

(A) I

N GENERAL

.—The Secretary of the Air Force shall

conduct all remediation at the real property conveyed under

subsection (a) pursuant to approved activities under the

Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and

the Defense Environmental Restoration Program under sec-

tion 2701 of title 10, United States Code.

(B) C

OMPLETION OF REMEDIATION

.—The Secretary shall

complete all remediation at the parcel of land conveyed

under subsection (a) in accordance with the requirements

selected in the Record of Decision, Scott Air Force Base

Environmental Restoration Program Site SS018, National

Imagery and Mapping Agency, Second Street, dated August

2019.

(d) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Air Force

shall require the Authority to cover costs to be incurred by

the Secretary, or to reimburse the Secretary for costs incurred

by the Secretary, to carry out the conveyance under subsection

(a), including costs related to environmental and real estate

due diligence, and any other administrative costs related to

the conveyance. If amounts are collected in advance of the

Secretary incurring the actual costs, and the amount collected

Refund.

Reimbursement.

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135 STAT. 2208 PUBLIC LAW 117–81—DEC. 27, 2021

exceeds the costs actually incurred by the Secretary to carry

out the conveyance, the Secretary shall refund the excess

amount to the Authority.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

as reimbursement under paragraph (1) shall be credited to

the fund or account that was used to cover those costs incurred

by the Secretary in carrying out the conveyance or, if the

period of availability for obligations for that appropriation has

expired, to the fund or account currently available to the Sec-

retary for the same purpose. Amounts so credited shall be

merged with amounts in such fund or account, and shall be

available for the same purposes, and subject to the same condi-

tions and limitations, as amounts in such fund or account.

(e) R

ELATION TO

THER

AWS

.—

(1) H

ISTORIC PRESERVATION

.—The conveyance under sub-

section (a) shall be carried out in compliance with division

A of subtitle III of title 54, United States Code (formerly known

as the National Historic Preservation Act).

(2) R

ULE OF CONSTRUCTION

.—Nothing in this section shall

be construed to affect or limit the application of, or any obliga-

tion to comply with, the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.).

(f) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the parcel of real property to be conveyed under

subsection (a) shall be determined by a survey satisfactory to the

Secretary of the Air Force.

(g) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary of the

Air Force may require such additional terms and conditions in

connection with the conveyance under subsection (a) as the Sec-

retary considers appropriate to protect the interests of the United

States.

SEC. 2855. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY

POINT, NORTH CAROLINA.

(a) C

ONVEYANCE

UTHORIZED

.—The Secretary of the Navy may

convey to the City of Havelock, North Carolina (in this section

referred to as the ‘‘City’’), all right, title, and interest of the United

States in and to a parcel of real property, including any improve-

ments thereon, consisting of approximately 30 acres, known as

the former Fort Macon Housing Area, located within the City limits.

(b) I

NTERIM

EASE

.—Until such time as the real property

described in subsection (a) is conveyed to the City, the Secretary

of the Navy may lease the property to the City for 20 years.

ONSIDERATION

.—

(1) I

N GENERAL

.—As consideration for the conveyance under

subsection (a) and interim lease under subsection (b), the City

shall pay to the Secretary of the Navy an amount that is

not less than the fair market value of the property conveyed,

as determined by the Secretary, whether by cash payment,

in-kind consideration as described under paragraph (2), or a

combination thereof.

(2) I

KIND CONSIDERATION

.—In-kind consideration pro-

vided by the City under this subsection may include the acquisi-

tion, construction, provision, improvement, maintenance, repair,

or restoration (including environmental restoration), or com-

bination thereof, of any facilities or infrastructure, or delivery

Payment.

Determination.

Time period.

Determination.

Survey.

Compliance.

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135 STAT. 2209 PUBLIC LAW 117–81—DEC. 27, 2021

of services relating to the needs of Marine Corps Air Station

Cherry Point, North Carolina, that the Secretary considers

acceptable.

(3) D

ISPOSITION OF AMOUNTS

.—

(A) C

ONVEYANCE

.—Amounts received by the Secretary

in exchange for the fee title of the real property described

in subsection (a) shall be deposited in the special account

in the Treasury established under section 572(b)(5) of title

40, United States Code, and shall be available in accord-

ance with subparagraph (B)(ii) of such section.

(B) I

NTERIM LEASE

.—Amounts received by the Sec-

retary for the interim lease of the real property described

in subsection (a) shall be deposited in the special account

in the Treasury established for the Secretary under sub-

section (e) of section 2667 of title 10, United States Code,

and shall be available for use in accordance with paragraph

(1)(D) of such subsection.

(d) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) I

N GENERAL

.—The Secretary of the Navy shall require

the City to cover costs (except costs for environmental remedi-

ation of the property) to be incurred by the Secretary, or to

reimburse the Secretary for such costs incurred by the Sec-

retary, to carry out the conveyance under subsection (a) and

interim lease under subsection (b), including costs for environ-

mental and real estate due diligence and any other administra-

tive costs related to the conveyance.

(2) R

EFUND OF EXCESS AMOUNTS

.—If amounts are collected

from the City under paragraph (1) in advance of the Secretary

incurring the actual costs, and the amount collected exceeds

the costs actually incurred by the Secretary to carry out the

conveyance under subsection (a) and interim lease under sub-

section (b), the Secretary shall refund the excess amount to

the City.

(e) C

ONDITION OF

ONVEYANCE

.—Conveyance of real property

shall be subject to all existing easements, restrictions, and cov-

enants of record and conditioned upon the following:

(1) Real property shall be used for municipal park and

recreational purposes, which may include ancillary uses such

as vending and restrooms.

(2) The City shall not use Federal funds to cover any

portion of the amounts required by subsections (c) and (d)

to be paid by the City.

(f) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary of

the Navy.

(g) E

XCLUSION OF

EQUIREMENTS FOR

RIOR

CREENING BY

ENERAL

ERVICES

DMINISTRATION FOR

DDITIONAL

EDERAL

.—Section 2696(b) of title 10, United States Code, does not

apply to the conveyance of real property authorized under sub-

section (a).

(h) A

DDITIONAL

ERMS

.—The Secretary of the Navy may require

such additional terms and conditions in connection with the convey-

ance under subsection (a) as the Secretary considers appropriate

to protect the interests of the United States.

Determination.

Survey.

Requirement.

Reimbursement.

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135 STAT. 2210 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 2856. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA

BEACH, VIRGINIA, TO CITY OF VIRGINIA BEACH, VIRGINIA.

(a) C

ONVEYANCE

UTHORIZED

.—

(1) I

N GENERAL

.—The Secretary of the Navy may convey

to the City of Virginia Beach, Virginia (in this section referred

to as the ‘‘City’’), all right, title, and interest of the United

States in and to a parcel of real property located at 4200

C Avenue, Virginia Beach, Virginia, including any improve-

ments thereon, consisting of approximately 8 acres.

(2) A

UTHORITY TO VOID LAND USE RESTRICTIONS

.—The Sec-

retary may void any land use restrictions associated with the

property to be conveyed under paragraph (1).

(b) C

ONSIDERATION

.—

(1) I

N GENERAL

.—As consideration for the conveyance under

subsection (a)(1), the City shall pay to the Secretary of the

Navy an amount that is not less than the fair market value

of the property conveyed, as determined by the Secretary,

whether by cash payment, in-kind consideration as described

in paragraph (2), or a combination thereof.

(2) I

KIND CONSIDERATION

.—In-kind consideration pro-

vided by the City under this subsection may include the acquisi-

tion, construction, provision, improvement, maintenance, repair,

or restoration (including environmental restoration), or com-

bination thereof, of any facilities or infrastructure, or delivery

of services relating to the needs of Naval Air Station Oceana,

Virginia, that the Secretary considers acceptable.

(3) D

ISPOSITION OF FUNDS

.—Cash received in exchange for

the fee title of the property conveyed under subsection (a)(1)

shall be deposited in the special account in the Treasury estab-

lished under subparagraph (A) of section 572(b)(5) of title 40,

United States Code, and shall be available for use in accordance

with subparagraph (B)(ii) of such section.

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Navy shall

require the City to cover costs to be incurred by the Secretary,

or to reimburse the Secretary for costs incurred by the Sec-

retary, to carry out the conveyance under subsection (a)(1),

including costs related to environmental and real estate due

diligence, and any other administrative costs related to the

conveyance.

(2) R

EFUND OF EXCESS AMOUNTS

.—If amounts are collected

under paragraph (1) in advance of the Secretary incurring

the actual costs, and the amount collected exceeds the costs

actually incurred by the Secretary to carry out the conveyance

under subsection (a)(1), the Secretary shall refund the excess

amount to the City.

(3) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

as reimbursement under paragraph (1) shall be credited to

the fund or account that was used to cover the costs incurred

by the Secretary in carrying out the conveyance under sub-

section (a)(1). Amounts so credited shall be merged with

amounts in such fund or account and shall be available for

the same purposes, and subject to the same conditions and

limitations, as amounts in such fund or account.

(d) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the parcel of real property to be conveyed under

Determination.

Survey.

Reimbursement.

Payment.

Determination.

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135 STAT. 2211 PUBLIC LAW 117–81—DEC. 27, 2021

subsection (a)(1) shall be determined by a survey satisfactory to

the Secretary of the Navy.

(e) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary of the

Navy may require such additional terms and conditions in connec-

tion with the conveyance under subsection (a)(1) as the Secretary

considers appropriate to protect the interests of the United States.

SEC. 2857. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA

BEACH, VIRGINIA, TO SCHOOL BOARD OF CITY OF VIR-

GINIA BEACH, VIRGINIA.

(a) C

ONVEYANCE

UTHORIZED

.—

(1) I

N GENERAL

.—The Secretary of the Navy may convey

to the School Board of the City of Virginia Beach, Virginia

(in this section referred to as ‘‘VBCPS’’) all right, title, and

interest of the United States in and to a parcel of real property,

including any improvements thereon, consisting of approxi-

mately 2.77 acres at Naval Air Station Oceana, Virginia Beach,

Virginia, located at 121 West Lane (GPIN: 2407-94-0772) for

the purpose of permitting VBCPS to use the property for edu-

cational purposes.

(2) C

ONTINUATION OF EXISTING EASEMENTS

RESTRICTIONS

AND COVENANTS

.—The conveyance of the property under para-

graph (1) shall be subject to any easement, restriction, or cov-

enant of record applicable to the property and in existence

on the date of the enactment of this Act.

(b) C

ONSIDERATION

.—

(1) C

ONSIDERATION REQUIRED

;

AMOUNT

.—As consideration

for the conveyance under subsection (a), VBCPS shall pay to

the Secretary of the Navy an amount that is not less than

the fair market value of the property to be conveyed, as deter-

mined by the Secretary. The Secretary’s determination of fair

market value shall be final of the property to be conveyed.

(2) F

ORM OF CONSIDERATION

.—The consideration required

by paragraph (1) may be in the form of a cash payment,

in-kind consideration as described in paragraph (3), or a com-

bination thereof, as acceptable to the Secretary. Cash consider-

ation shall be deposited in the special account in the Treasury

established under section 572 of title 40, United States Code,

and the entire amount deposited shall be available for use

in accordance with subsection (b)(5)(ii) of such section.

(3) I

KIND CONSIDERATION

.—The Secretary may accept as

in-kind consideration under this subsection the acquisition,

construction, provision, improvement, maintenance, repair, or

restoration (including environmental restoration), or combina-

tion thereof, of any facilities or infrastructure, or the delivery

of services, relating to the needs of Naval Air Station Oceana.

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Navy shall

require VBCPS to cover costs to be incurred by the Secretary,

or to reimburse the Secretary for costs incurred by the Sec-

retary, to carry out the conveyance under subsection (a),

including costs related to environmental and real estate due

diligence, and any other administrative costs related to the

conveyance. If amounts are collected in advance of the Secretary

incurring the actual costs, and the amount collected exceeds

the costs actually incurred by the Secretary to carry out the

Refunds.

Reimbursement.

Payment.

Determination.

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135 STAT. 2212 PUBLIC LAW 117–81—DEC. 27, 2021

conveyance, the Secretary shall refund the excess amount to

VBCPS.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

as reimbursement under paragraph (1) shall be credited to

the fund or account that was used to cover those costs incurred

by the Secretary in carrying out the conveyance or, if the

period of availability for obligations for that appropriation has

expired, to the fund or account currently available to the Sec-

retary for the same purpose. Amounts so credited shall be

merged with amounts in such fund or account, and shall be

available for the same purposes, and subject to the same condi-

tions and limitations, as amounts in such fund or account.

(d) L

IMITATION ON

OURCE OF

UNDS

.—VBCPS may not use

Federal funds to cover any portion of the costs required by sub-

sections (b) and (c) to be paid by VBCPS.

(e) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the parcel of real property to be conveyed under

subsection (a) shall be determined by a survey satisfactory to the

Secretary of the Navy.

(f) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary of the

Navy may require such additional terms and conditions in connec-

tion with the conveyance under subsection (a) as the Secretary

considers appropriate to protect the interests of the United States.

Subtitle G—Authorized Pilot Programs

SEC. 2861. PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE

BUILDING MATERIALS IN MILITARY CONSTRUCTION.

(a) P

ILOT

ROGRAM

EQUIRED

.—Each Secretary of a military

department shall conduct a pilot program to evaluate the effect

that the use of sustainable building materials as the primary

construction material in military construction may have on the

environmental sustainability, infrastructure resilience, cost

effectiveness, and construction timeliness of military construction.

(b) P

ROJECT

ELECTION AND

OCATIONS

.—

(1) M

INIMUM NUMBER OF PROJECTS

.—Each Secretary of a

military department shall carry out at least one military

construction project under the pilot program.

(2) P

ROJECT LOCATIONS

.—The pilot program shall be con-

ducted at military installations in the continental United

States—

(A) that are identified as vulnerable to extreme

weather events; and—

(B) for which a military construction project is author-

ized but a request for proposal has not been released.

NCLUSION OF

ILITARY

NACCOMPANIED

OUSING

ROJECT

.—The Secretaries of the military departments shall coordi-

nate the selection of military construction projects to be carried

out under the pilot program so that at least one of the military

construction projects involves construction of military unaccom-

panied housing.

(d) D

URATION OF

ROGRAM

.—The authority of the Secretary

of a military department to carry out a military construction project

under the pilot program shall expire on September 30, 2024. Any

construction commenced under the pilot program before the expira-

tion date may continue to completion.

Coordination.

Evaluation.

10 USC 2802

note.

Determination.

Survey.

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135 STAT. 2213 PUBLIC LAW 117–81—DEC. 27, 2021

(e) R

EPORTING

EQUIREMENT

.—

(1) R

EPORT REQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, and every 180 days thereafter

through December 31, 2024, the Secretaries of the military

departments shall submit to the congressional defense commit-

tees a report on the progress of the pilot program.

(2) R

EPORT ELEMENTS

.—The report shall include the fol-

lowing:

(A) A description of the status of the military construc-

tion projects selected to be conducted under the pilot pro-

gram.

(B) An explanation of the reasons why those military

construction projects were selected.

(i) The projected or actual carbon footprint over

the full life cycle of the various sustainable building

materials evaluated in the pilot program.

(ii) The life cycle costs of the various sustainable

building materials evaluated in the pilot program.

(iii) The resilience to extreme weather events of

the various sustainable building materials evaluated

in the pilot program.

(iv) Any impact on construction timeliness of using

the various sustainable building materials evaluated

in the pilot program.

(v) The cost effectiveness of the military construc-

tion projects conducted under the pilot program using

sustainable building materials as compared to other

materials historically used in military construction.

(D) Any updated guidance the Under Secretary of

Defense for Acquisition and Sustainment has released in

relation to the procurement policy for future military

construction projects based on comparable benefits realized

from use of sustainable building materials, including guid-

ance on prioritizing sustainable materials in establishing

evaluation criteria for military construction project con-

tracts when technically feasible.

(f) S

USTAINABLE

UILDING

ATERIALS

EFINED

.—In this sec-

tion, the term ‘‘sustainable building material’’ means any building

material the use of which will reduce carbon emissions over the

life cycle of the building. The term includes mass timber, concrete,

and other carbon-reducing materials.

SEC. 2862. PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT FOR

REIMBURSEMENT FOR USE OF TESTING FACILITIES AT

INSTALLATIONS OF THE DEPARTMENT OF THE AIR

FORCE.

(a) P

ILOT

ROGRAM

EQUIRED

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of the Air

Force shall establish a pilot program to authorize installations

of the Department of the Air Force to establish a reimbursable

account for the purpose of being reimbursed for the use of testing

facilities on such installation.

(b) I

NSTALLATIONS

ELECTED

.—The Secretary of the Air Force

shall select not more than two installations of the Department

of the Air Force to participate in the pilot program from among

any such installations that are part of the Air Force Flight Test

Deadline.

10 USC 9771

note prec.

Analysis.

Time period.

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135 STAT. 2214 PUBLIC LAW 117–81—DEC. 27, 2021

Center construct and are currently funded for Facility, Sustainment,

Restoration, and Modernization (FSRM) through the Research,

Development, Test, and Evaluation account of the Department of

the Air Force.

VERSIGHT OF

UNDS

.—

(1) I

NSTALLATION COMMANDER

.—The commander of an

installation selected for the pilot program shall have direct

oversight over 50 percent of the funds allocated to the installa-

tion for Facility, Sustainment, Restoration, and Modernization.

(2) A

IR FORCE CIVIL ENGINEER CENTER COMMANDER

.—The

Commander of the Air Force Civil Engineer Center shall have

direct oversight over the remaining 50 percent of Facility,

Sustainment, Restoration, and Modernization funds allocated

to an installation selected for the pilot program.

(d) B

RIEFING AND

EPORT

.—

(1) B

RIEFING

.—Not later than 30 days after establishing

the pilot program, the Secretary of the Air Force shall brief

the congressional defense committees on the pilot program.

(2) A

NNUAL REPORT

.—Not later than one year after estab-

lishing the pilot program under subsection (a), and annually

thereafter through the year following termination of the pilot

program, the Secretary of the Air Force shall submit to the

congressional defense committees a report on the pilot program.

(e) T

ERMINATION

.—The pilot program shall terminate on

December 1, 2026.

Subtitle H—Asia-Pacific and Indo-Pacific

Issues

SEC. 2871. IMPROVED OVERSIGHT OF CERTAIN INFRASTRUCTURE

SERVICES PROVIDED BY NAVAL FACILITIES

ENGINEERING SYSTEMS COMMAND PACIFIC.

The Secretary of the Navy shall designate an administrative

position within the Naval Facilities Engineering Systems Command

Pacific for the purpose of improving the continuity of management

and oversight of real property and infrastructure assets in the

Pacific Area of Responsibility related to the training needs of the

Armed Forces, particularly regarding leased property for which

the lease will expire within 10 years after the date of the enactment

of this Act.

SEC. 2872. ANNUAL CONGRESSIONAL BRIEFING ON RENEWAL OF

DEPARTMENT OF DEFENSE EASEMENTS AND LEASES OF

LAND IN HAWAI‘I.

(a) A

NNUAL

RIEFING

EQUIRED

.—Not later than February 1

of each year, the Secretary of Defense shall brief the congressional

defense committee on the progress being made by the Department

of Defense to renew each Department of Defense land lease and

easement in the State of Hawai‘i that—

(1) encompasses one acre or more; and

(2) will expire within 10 years after the date of the briefing.

(b) R

EQUIRED

LEMENTS OF

RIEFING

.—Each briefing provided

under subsection (a) shall include the following:

(1) The location, size, and expiration date of each lease

and easement described in such subsection.

Expiration date.

Time period.

Deadline.

10 USC 8013

note.

Deadline.

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135 STAT. 2215 PUBLIC LAW 117–81—DEC. 27, 2021

(2) Major milestones and expected timelines for

maintaining access to the land covered by such lease and ease-

ment.

(3) Actions completed over the preceding two years for

such lease and easement.

(4) Department-wide and service-specific authorities gov-

erning the extension of such lease and easement.

(5) A summary of coordination efforts between the Sec-

retary of Defense and the Secretaries of the military depart-

ments.

(6) The status of efforts to develop an inventory of military

land in Hawai‘i, including current and possible future uses

of the land, that would assist in land negotiations with the

State of Hawai‘i.

(7) The risks and potential solutions to ensure the renew-

ability of required and critical leases and easements.

SEC. 2873. HAWAI‘I MILITARY LAND USE MASTER PLAN.

(a) U

PDATE OF

ASTER

LAN

EQUIRED

.—Not later than

December 31, 2025, the Commander of the United States Indo-

Pacific Command shall update the Hawai‘i Military Land Use

Master Plan, which was first produced by the Department of

Defense in 1995 and last updated in 2021.

(b) E

LEMENTS

.—In updating the Hawai‘i Military Land Use

Master Plan as required by subsection (a), the Commander of

the United States Indo-Pacific Command shall consider, address,

and include the following:

(1) The priorities of each individual Armed Force and joint

priorities within the State of Hawai‘i.

(2) The historical background of Armed Forces and Depart-

ment of Defense use of lands in Hawai‘i and the cultural

significance of the historical land holdings.

(3) A summary of all leases and easements held by the

Department of Defense.

(4) An overview of Army, Navy, Marine Corps, Air Force,

Space Force, Coast Guard, Hawai‘i National Guard, and Hawai‘i

Air National Guard assets in the State, including the following

for each asset:

(A) The location and size of facilities.

(B) Any tenet commands.

(D) Purpose of the asset.

(E) Priorities for the asset for the next five years,

including any planned divestitures and expansions.

(5) A summary of encroachment planning efforts.

(6) A summary of efforts to synchronize the inter-service

use of training lands and ranges.

OOPERATION

.—The Commander of the United States Indo-

Pacific Command shall update the Hawai‘i Military Land Use

Master Plan under this section in conjunction with the Deputy

Assistant Secretary of Defense for Real Property.

(d) S

UBMISSION OF

PDATED

LAN

.—Not later than 30 days

after the date of the completion of the update to the Hawai‘i

Military Land Use Master Plan required by subsection (a), the

Commander of the United States Indo-Pacific Command shall

submit the updated master plan to the Committees on Armed

Services of the Senate and the House of Representatives.

Deadline.

Summary.

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135 STAT. 2216 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle I—One-Time Reports and Other

Matters

SEC. 2881. CLARIFICATION OF INSTALLATION AND MAINTENANCE

REQUIREMENTS REGARDING FIRE EXTINGUISHERS IN

DEPARTMENT OF DEFENSE FACILITIES.

Section 2861 of the Military Construction Authorization Act

for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C.

113 note; 133 Stat. 1899) is amended by striking ‘‘requirements

of national model fire codes developed by the National Fire Protec-

tion Association and the International Code Council’’ and inserting

‘‘NFPA 1, Fire Code of the National Fire Protection Association

and applicable requirements of the international building code and

international fire code of the International Code Council’’.

SEC. 2882. GAO REVIEW AND REPORT OF MILITARY CONSTRUCTION

CONTRACTING AT MILITARY INSTALLATIONS INSIDE THE

UNITED STATES.

(a) R

EVIEW

EQUIRED

.—The Comptroller General of the United

States shall perform a review to assess the contracting approaches

authorized pursuant to section 2802 of title 10, United States Code,

used to maintain and upgrade military installations inside the

United States.

(b) E

LEMENTS OF

EVIEW

.—In conducting the review required

by subsection (a), the Comptroller General should consider, to the

extent practicable, such issues as the following:

(1) The extent to which the Department of Defense uses

competitive procedures when awarding contracts to contractors

to maintain or upgrade military installations inside the United

States.

(2) The number of contractors awarded such a contract

that are considered a small business, and the percentage that

these contracts comprise of all such contracts.

(3) The extent to which the primary business location of

each contractor awarded such a contract is located within 60

miles of the military installation where the contract is to be

performed.

(4) The extent to which contractors awarded such a contract

in turn use subcontractors and suppliers whose primary busi-

ness location is located within 60 miles of the military installa-

tion where the contract is to be performed.

(5) The extent to which the source selection procedures

used by the responsible contracting organization considers

whether offerors are small businesses or are businesses that

are located within 60 miles of the military installation where

the contract is to be performed.

(6) Any other matters the Comptroller General determines

relevant to the review.

EPORT

EQUIRED

.—Not later than March 31, 2023, the

Comptroller General shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report

containing the results of the review required by subsection (a).

(d) S

MALL

USINESS

EFINED

.—In this section, the term ‘‘small

business’’ means a contractor that is a small-business concern as

such term is defined under section 3 of the Small Business Act

(15 U.S.C. 632).

Assessment.

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135 STAT. 2217 PUBLIC LAW 117–81—DEC. 27, 2021

DIVISION C—DEPARTMENT OF ENERGY

NATIONAL SECURITY AUTHORIZA-

TIONS 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 re-

lated 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 war-

heads.

Sec. 3121. Portfolio management framework for National Nuclear Security Admin-

istration.

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 nu-

clear 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 com-

ponents, 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 Nu-

clear 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 ura-

nium mining and nuclear testing.

Subtitle A—National Security Programs

and Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated to the Department of Energy for

fiscal year 2022 for the activities of the National Nuclear Security

Administration in carrying out programs as specified in the funding

table in section 4701.

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135 STAT. 2218 PUBLIC LAW 117–81—DEC. 27, 2021

(b) A

UTHORIZATION OF

LANT

ROJECTS

.—From funds

referred to in subsection (a) that are available for carrying out

plant projects, the Secretary of Energy may carry out new plant

projects for the National Nuclear Security Administration as follows:

Project 22–D–513, Power Sources Capability, Sandia

National Laboratories, Albuquerque, New Mexico, $13,827,000.

Project 22–D–514, Digital Infrastructure Capability Expan-

sion, Lawrence Livermore National Laboratory, Livermore,

California, $8,000,000.

Project 22–D–531, KL Chemistry and Radiological Health

Building, Knolls Atomic Power Laboratory, Schenectady, New

York, $41,620,000.

Project 22–D–532, KL Security Upgrades, Knolls Atomic

Power Laboratory, Schenectady, New York, $5,100,000.

Shipping & Receiving (Exterior), Los Alamos National Lab-

oratory, Los Alamos, New Mexico, $9,700,000.

TCAP Restoration Column A, Savannah River Site, Aiken,

South Carolina, $4,700,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated to the Department of Energy for

fiscal year 2022 for defense environmental cleanup activities in

carrying out programs as specified in the funding table in section

4701.

(b) A

UTHORIZATION OF

LANT

ROJECTS

.—From funds

referred to in subsection (a) that are available for carrying out

plant projects, the Secretary of Energy may carry out, for defense

environmental cleanup activities, the following new plant projects:

Project 22–D–401, 400 Area Fire Station, Hanford Site, Rich-

land, Washington, $15,200,000.

Project 22–D–402, 200 Area Water Treatment Facility, Hanford

Site, Richland, Washington, $12,800,000.

Project 22–D–403, Idaho Spent Nuclear Fuel Staging Facility,

Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000.

Project 22–D–404, Additional ICDF Landfill Disposal Cell and

Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls,

Idaho, $5,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Depart-

ment of Energy for fiscal year 2022 for other defense activities

in carrying out programs as specified in the funding table in section

4701.

SEC. 3104. NUCLEAR ENERGY.

Funds are hereby authorized to be appropriated to the Depart-

ment of Energy for fiscal year 2022 for nuclear energy as specified

in the funding table in section 4701.

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135 STAT. 2219 PUBLIC LAW 117–81—DEC. 27, 2021

Subtitle B—Program Authorizations,

Restrictions, and Limitations

SEC. 3111. PLUTONIUM PIT PRODUCTION CAPACITY.

(a) C

ERTIFICATIONS

.—Section 4219 of the Atomic Energy

Defense Act (50 U.S.C. 2538a) is amended by adding at the end

the following new subsections:

‘‘(d) C

ERTIFICATIONS ON

LUTONIUM

NTERPRISE

.—

‘‘(1) R

EQUIREMENT

.—Not later than 30 days after the date

on which a covered project achieves a critical decision milestone,

the Assistant Secretary for Environmental Management and

the Deputy Administrator for Defense Programs shall jointly

certify to the congressional defense committees that the oper-

ations, infrastructure, and workforce of such project are ade-

quate to carry out the delivery and disposal of planned waste

shipments relating to the plutonium enterprise, as outlined

in the critical decision memoranda of the Department of Energy

with respect to such project.

‘‘(2) F

AILURE TO CERTIFY

.—If the Assistant Secretary for

Environmental Management and the Deputy Administrator for

Defense Programs fail to make a certification under paragraph

(1) by the date specified in such paragraph with respect to

a covered project achieving a critical decision milestone, the

Assistant Secretary and the Deputy Administrator shall jointly

submit to the congressional defense committees, by not later

than 30 days after such date, a plan to ensure that the oper-

ations, infrastructure, and workforce of such project will be

adequate to carry out the delivery and disposal of planned

waste shipments described in such paragraph.

‘‘(e) R

EPORTS

.—

‘‘(1) R

EQUIREMENT

.—Not later than March 1 of each year

during the period beginning on the date on which the first

covered project achieves critical decision 2 in the acquisition

process and ending on the date on which the second project

achieves critical decision 4 and begins operations, the Adminis-

trator for Nuclear Security shall submit to the congressional

defense committees a report on the planned production goals

of both covered projects during the first 10 years of the oper-

ation of the projects.

‘‘(2) E

LEMENTS

.—Each report under paragraph (1) shall

include—

‘‘(A) the number of war reserve plutonium pits planned

to be produced during each year, including the associated

warhead type;

‘‘(B) a description of risks and challenges to meeting

the performance baseline for the covered projects, as

approved in critical decision 2 in the acquisition process;

‘‘(C) options available to the Administrator to balance

scope, costs, and production requirements at the projects

to decrease overall risk to the plutonium enterprise and

enduring plutonium pit requirements; and

‘‘(D) an explanation of any changes to the production

goals or requirements as compared to the report submitted

during the previous year.

‘‘(f) C

OVERED

ROJECT

EFINED

.—In this subsection, the term

‘covered project’ means—

Time period.

Deadline.

Plan.

Deadline.

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135 STAT. 2220 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(1) the Savannah River Plutonium Processing Facility,

Savannah River Site, Aiken, South Carolina (Project 21–D–

511); or

‘‘(2) the Plutonium Pit Production Project, Los Alamos

National Laboratory, Los Alamos, New Mexico (Project 21–

D–512).’’.

(b) B

RIEFING

.—Not later than May 1, 2022, the Administrator

for Nuclear Security and the Director for Cost Estimating and

Program Evaluation shall jointly provide to the congressional

defense committees a briefing on the ability of the National Nuclear

Security Administration to carry out the plutonium enterprise of

the Administration, including with respect to the adequacy of the

program management staff of the Administration to execute covered

projects (as defined in subsection (f) of section 4219 of the Atomic

Energy Defense Act (50 U.S.C. 2538a), as amended by subsection

(a)).

SEC. 3112. IMPROVEMENTS TO COST ESTIMATES INFORMING ANAL-

YSES OF ALTERNATIVES.

(a) I

ENERAL

.—Subtitle A of title XLVII of the Atomic Energy

Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 4718. IMPROVEMENTS TO COST ESTIMATES INFORMING ANAL-

YSES OF ALTERNATIVES.

‘‘(a) R

EQUIREMENT FOR

NALYSES OF

LTERNATIVES

.—The

Administrator shall ensure that any cost estimate used in an anal-

ysis of alternatives for a project carried out using funds authorized

by a DOE national security authorization is designed to fully satisfy

the requirements outlined in the mission needs statement approved

at critical decision 0 in the acquisition process, as set forth in

Department of Energy Order 413.3B (relating to program manage-

ment and project management for the acquisition of capital assets)

or a successor order.

‘‘(b) U

SE OF

ROJECT

NGINEERING AND

ESIGN

UNDS

.—In

the case of a project the total estimated cost of which exceeds

$500,000,000 and that has not reached critical decision 1 in the

acquisition process, the Administrator may use funds authorized

by a DOE national security authorization for project engineering

and design to begin the development of a conceptual design to

facilitate the development of a cost estimate for the project during

the analysis of alternatives for the project if—

‘‘(1) the Administrator—

‘‘(A) determines that such use of funds would improve

the quality of the cost estimate for the project; and

‘‘(B) notifies the congressional defense committees of

that determination; and

‘‘(2) a period of 15 days has elapsed after the date on

which such committees receive the notification.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents for the

Atomic Energy Defense Act is amended by inserting after the item

relating to section 4717 the following new item:

‘‘Sec. 4718. Improvements to cost estimates informing analyses of alternatives.’’.

50 USC 2758.

Deadline.

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135 STAT. 2221 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 3113. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY

COLLABORATION PROGRAM.

Title XLVIII of the Atomic Energy Defense Act (50 U.S.C.

2781 et seq.) is amended by adding at the end the following new

section (and conforming the table of contents accordingly):

‘‘SEC. 4853. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY

COLLABORATION PROGRAM.

‘‘(a) P

ROGRAM

.—The Administrator shall carry out a program

under which the Administrator establishes a policy research consor-

tium of institutions of higher education and nonprofit entities in

support of implementing and innovating the defense nuclear policy

programs of the Administration. The Administrator shall establish

and carry out such program in a manner similar to the program

established under section 4814.

‘‘(b) P

URPOSES

.—The purposes of the consortium under sub-

section (a) are as follows:

‘‘(1) To shape the formulation and application of policy

through the conduct of research and analysis regarding defense

nuclear policy programs.

‘‘(2) To maintain open-source databases on issues relevant

to understanding defense nuclear nonproliferation, arms con-

trol, nuclear deterrence, foreign nuclear programs, and nuclear

security.

‘‘(3) To facilitate the collaboration of research centers of

excellence relating to defense nuclear policy to better distribute

expertise to specific issues and scenarios regarding such

threats.

‘‘(c) D

UTIES

.—

‘‘(1) S

UPPORT

.—The Administrator shall ensure that the

consortium established under subsection (a) provides support

to individuals described in paragraph (2) through the use of

nongovernmental fellowships, scholarships, research intern-

ships, workshops, short courses, summer schools, and research

grants.

‘‘(2) I

NDIVIDUALS DESCRIBED

.—The individuals described in

this paragraph are graduate students, academics, and policy

specialists, who are focused on policy innovation related to—

‘‘(A) defense nuclear nonproliferation;

‘‘(B) arms control;

‘‘(C) nuclear deterrence;

‘‘(D) the study of foreign nuclear programs;

‘‘(E) nuclear security; or

‘‘(F) educating and training the next generation of

defense nuclear policy experts.’’.

SEC. 3114. DEFENSE ENVIRONMENTAL CLEANUP PROGRAMS.

(a) E

STABLISHMENT OF

ROGRAMS

.—Subtitle A of title XLIV

of the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is

amended by inserting after section 4406 the following new section

(and conforming the table of contents at the beginning of such

Act accordingly):

‘‘SEC. 4406A. OTHER PROGRAMS RELATING TO TECHNOLOGY

DEVELOPMENT.

‘‘(a) I

NCREMENTAL

ECHNOLOGY

EVELOPMENT

ROGRAM

.—

‘‘(1) E

STABLISHMENT

.—The Secretary may establish a pro-

gram, to be known as the ‘Incremental Technology Development

50 USC 2586a.

50 USC 2823.

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135 STAT. 2222 PUBLIC LAW 117–81—DEC. 27, 2021

Program’, to improve the efficiency and effectiveness of the

defense environmental cleanup processes of the Office.

‘‘(2) F

OCUS

.—

‘‘(A) I

MPROVEMENTS

.—In carrying out the Incremental

Technology Development Program, the Secretary shall

focus on the continuous improvement of new or available

technologies, including—

‘‘(i) decontamination chemicals and techniques;

‘‘(ii) remote sensing and wireless communication

to reduce manpower and laboratory efforts;

‘‘(iii) detection, assay, and certification

instrumentation; and

‘‘(iv) packaging materials, methods, and shipping

systems.

‘‘(B) O

THER AREAS

.—The Secretary may include in the

Incremental Technology Development Program mission-rel-

evant development, demonstration, and deployment activi-

ties unrelated to the focus areas described in subparagraph

(A).

‘‘(3) U

SE OF NEW AND EMERGING TECHNOLOGIES

.—

‘‘(A) D

EVELOPMENT AND DEMONSTRATION

.—In carrying

out the Incremental Technology Development Program, the

Secretary shall ensure that site offices of the Office conduct

technology development, demonstration, testing, permit-

ting, and deployment of new and emerging technologies

to establish a sound technical basis for the selection of

technologies for defense environmental cleanup or infra-

structure operations.

‘‘(B) C

OLLABORATION REQUIRED

.—The Secretary shall

collaborate, to the extent practicable, with the heads of

other departments and agencies of the Federal Govern-

ment, the National Laboratories, other Federal labora-

tories, appropriate State regulators and agencies, and the

Department of Labor in the development, demonstration,

testing, permitting, and deployment of new technologies

under the Incremental Technology Development Program.

‘‘(4) A

GREEMENTS TO CARRY OUT PROJECTS

.—

‘‘(A) A

UTHORITY

.—In carrying out the Incremental

Technology Development Program, the Secretary may enter

into agreements with nongovernmental entities for tech-

nology development, demonstration, testing, permitting,

and deployment projects to improve technologies in accord-

ance with paragraph (2).

‘‘(B) S

ELECTION

.—The Secretary shall select projects

under subparagraph (A) through a rigorous process that

involves—

‘‘(i) transparent and open competition; and

‘‘(ii) a review process that, if practicable, is con-

ducted in an independent manner consistent with

Department guidance on selecting and funding public-

private partnerships.

‘‘(C) C

OST

SHARING

.—The Federal share of the costs

of the development, demonstration, testing, permitting, and

deployment of new technologies carried out under this para-

graph shall be not more than 70 percent.

‘‘(D) B

RIEFING

.—Not later than 120 days before the

date on which the Secretary enters into the first agreement

Deadline.

Review.

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135 STAT. 2223 PUBLIC LAW 117–81—DEC. 27, 2021

under subparagraph (A), the Secretary shall provide to

the congressional defense committees a briefing on the

process of selecting and funding efforts within the Incre-

mental Technology Development Program, including with

respect to the plans of the Secretary to ensure a scientif-

ically rigorous process that minimizes potential conflicts

of interest.

‘‘(b) H

IGH

-I

MPACT

ECHNOLOGY

EVELOPMENT

ROGRAM

.—

‘‘(1) E

STABLISHMENT

.—The Secretary shall establish a pro-

gram, to be known as the ‘High-Impact Technology Develop-

ment Program’, under which the Secretary shall enter into

agreements with nongovernmental entities for projects that

pursue technologies that, with respect to the mission—

‘‘(A) holistically address difficult challenges;

‘‘(B) hold the promise of breakthrough improvements;

‘‘(C) align existing or in-use technologies with difficult

challenges.

‘‘(2) A

REAS OF FOCUS

.—The Secretary may include as areas

of focus for a project carried out under the High-Impact Tech-

nology Development Program the following:

‘‘(A) Developing and demonstrating improved methods

for source and plume characterization and monitoring, with

an emphasis on—

‘‘(i) real-time field acquisition; and

‘‘(ii) the use of indicator species analyses with

advanced contaminant transport models to enable

better understanding of contaminant migration.

‘‘(B) Developing and determining the limits of perform-

ance for remediation technologies and integrated remedial

systems that prevent migration of contaminants, including

by producing associated guidance and design manuals for

technologies that could be widely used across the complex.

‘‘(C) Demonstrating advanced monitoring approaches

that use multiple lines of evidence for monitoring long-

term performance of—

‘‘(i) remediation systems; and

‘‘(ii) noninvasive near-field monitoring techniques.

‘‘(D) Developing and demonstrating methods to charac-

terize the physical and chemical attributes of waste that

control behavior, with an emphasis on—

‘‘(i) rapid and nondestructive examination and

assay techniques; and

‘‘(ii) methods to determine radio-nuclide, heavy

metals, and organic constituents.

‘‘(E) Demonstrating the technical basis for determining

when enhanced or natural attenuation is an appropriate

approach for remediation of complex sites.

‘‘(F) Developing and demonstrating innovative methods

to achieve real-time and, if practicable, in situ characteriza-

tion data for tank waste and process streams that could

be useful for all phases of the waste management program,

including improving the accuracy and representativeness

of characterization data for residual waste in tanks and

ancillary equipment.

Contracts.

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135 STAT. 2224 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(G) Adapting existing waste treatment technologies

or demonstrating new waste treatment technologies at the

pilot plant scale using real wastes or realistic surrogates—

‘‘(i) to address engineering adaptations;

‘‘(ii) to ensure compliance with waste treatment

standards and other applicable requirements under

Federal and State law and any existing agreements

or consent decrees to which the Department is a party;

and

‘‘(iii) to enable successful deployment at full-scale

and in support of operations.

‘‘(H) Developing and demonstrating rapid testing proto-

cols that—

‘‘(i) are accepted by the Environmental Protection

Agency, the Nuclear Regulatory Commission, the

Department, and the scientific community;

‘‘(ii) can be used to measure long-term waste form

performance under realistic disposal environments;

‘‘(iii) can determine whether a stabilized waste

is suitable for disposal; and

‘‘(iv) reduce the need for extensive, time-con-

suming, and costly analyses on every batch of waste

prior to disposal.

‘‘(I) Developing and demonstrating direct stabilization

technologies to provide waste forms for disposing of ele-

mental mercury.

‘‘(J) Developing and demonstrating innovative and

effective retrieval methods for removal of waste residual

materials from tanks and ancillary equipment, including

mobile retrieval equipment or methods capable of imme-

diately removing waste from leaking tanks, and connecting

pipelines.

‘‘(3) P

ROJECT SELECTION

.—

‘‘(A) S

ELECTION

.—The Secretary shall select projects

to be carried out under the High-Impact Technology

Development Program through a rigorous process that

involves—

‘‘(i) transparent and open competition; and

‘‘(ii) a review process that, if practicable, is con-

ducted in an independent manner consistent with

Department guidance on selecting and funding public-

private partnerships.

‘‘(B) B

RIEFING

.—Not later than 120 days before the

date on which the Secretary enters into the first agreement

under paragraph (1), the Secretary shall provide to the

congressional defense committees a briefing on the process

of selecting and funding efforts within the High-Impact

Technology Development Program, including with respect

to the plans of the Secretary to ensure a scientifically

rigorous process that minimizes potential conflicts of

interest.

‘‘(c) E

NVIRONMENTAL

ANAGEMENT

NIVERSITY

ROGRAM

.—

‘‘(1) E

STABLISHMENT

.—The Secretary shall establish a pro-

gram, to be known as the ‘Environmental Management Univer-

sity Program’, to—

‘‘(A) engage faculty, post-doctoral fellows or

researchers, and graduate students of institutions of higher

Deadline.

Review.

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135 STAT. 2225 PUBLIC LAW 117–81—DEC. 27, 2021

education on subjects relating to the mission to show a

clear path for students for employment within the environ-

mental management enterprise;

‘‘(B) provide institutions of higher education and the

Department access to advances in engineering and science;

‘‘(C) clearly identify to institutions of higher education

the tools necessary to enter into the environmental manage-

ment field professionally; and

‘‘(D) encourage current employees of the Department

to pursue advanced degrees.

‘‘(2) A

REAS OF FOCUS

.—The Secretary may include as areas

of focus for a grant made under the Environmental Manage-

ment University Program the following:

‘‘(A) The atomic- and molecular-scale chemistries of

waste processing.

‘‘(B) Contaminant immobilization in engineered and

natural systems.

‘‘(C) Developing innovative materials, with an

emphasis on nanomaterials or biomaterials, that could

enable sequestration of challenging hazardous or radio-

active constituents such as technetium and iodine.

‘‘(D) Elucidating and exploiting complex speciation and

reactivity far from equilibrium.

‘‘(E) Understanding and controlling chemical and phys-

ical processes at interfaces.

‘‘(F) Harnessing physical and chemical processes to

revolutionize separations.

‘‘(G) Tailoring waste forms for contaminants in harsh

chemical environments.

‘‘(H) Predicting and understanding subsurface system

behavior and response to perturbations.

‘‘(3) I

NDIVIDUAL RESEARCH GRANTS

.—In carrying out the

Environmental Management University Program, the Secretary

may make individual research grants to faculty, post-doctoral

fellows or researchers, and graduate students of institutions

of higher education for three-year research projects, with an

option for an extension of one additional two-year period.

‘‘(4) G

RANTS FOR INTERDISCIPLINARY COLLABORATIONS

.—In

carrying out the Environmental Management University Pro-

gram, the Secretary may make research grants for strategic

partnerships among scientists, faculty, post-doctoral fellows or

researchers, and graduate students of institutions of higher

education for three-year research projects.

‘‘(5) H

IRING OF UNDERGRADUATES

.—In carrying out the

Environmental Management University Program, the Secretary

may establish a summer internship program for undergradu-

ates of institutions of higher education to work on projects

relating to environmental management.

‘‘(6) W

ORKSHOPS

.—In carrying out the Environmental

Management University Program, the Secretary may hold

workshops with the Office of Environmental Management, the

Office of Science, and members of academia and industry con-

cerning environmental management challenges and solutions.

‘‘(d) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘complex’ means all sites managed in whole

or in part by the Office.

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135 STAT. 2226 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(2) The term ‘Department’ means the Department of

Energy.

‘‘(3) The term ‘institution of higher education’ has the

meaning given the term in section 101(a) of the Higher Edu-

cation Act of 1965 (20 U.S.C. 1001(a)).

‘‘(4) The term ‘mission’ means the mission of the Office.

‘‘(5) The term ‘National Laboratory’ has the meaning given

the term in section 2 of the Energy Policy Act of 2005 (42

U.S.C. 15801).

‘‘(6) The term ‘Office’ means the Office of Environmental

Management of the Department.

‘‘(7) The term ‘Secretary’ means the Secretary of Energy,

acting through the Assistant Secretary for Environmental

Management.’’.

(b) I

NDEPENDENT

SSESSMENT OF

EFENSE

NVIRONMENTAL

LEANUP

ROGRAMS

.—

(1) I

NDEPENDENT ASSESSMENT

.—Not later than one year

after the date of the enactment of this Act, the Chief of Engi-

neers of the Army shall develop and transmit to the Secretary

of Energy and the congressional defense committees an inde-

pendent assessment of the lifecycle costs and schedules of the

defense environmental cleanup programs of the Office of

Environmental Management of the Department of Energy.

(2) F

OCUS OF ASSESSMENT

.—The Chief of Engineers shall

ensure that the assessment under paragraph (1) is focused

on—

(A) identifying key remaining technical risks and

uncertainties of the defense environmental cleanup pro-

grams; and

(B) providing recommendations to the Secretary and

to the congressional defense committees with respect to

the annual funding levels for the Incremental Technology

Development Program and the High-Impact Technology

Development Program established under section 4406A of

the Atomic Energy Defense Act, as added by subsection

(a), that will ensure maximum cost-savings over the life

of the defense environmental cleanup programs of the

Office.

(3) N

O EFFECT ON PROGRAM IMPLEMENTATION

.—Nothing

in this subsection affects the establishment, implementation,

or carrying out of any project or program under any other

provision of law, including under section 4406A of the Atomic

Energy Defense Act, as added by subsection (a), or under any

existing agreement or consent decree to which the Department

is a party, during the period in which the assessment under

paragraph (1) is carried out.

SEC. 3115. MODIFICATION OF REQUIREMENTS FOR CERTAIN

CONSTRUCTION PROJECTS.

(a) I

NCREASE IN

INOR

ONSTRUCTION

HRESHOLD FOR

LANT

ROJECTS

.—Section 4701(2) of the Atomic Energy Defense Act (50

U.S.C. 2741(2)) is amended by striking ‘‘$20,000,000’’ and inserting

‘‘$25,000,000’’.

(b) N

OTIFICATION

EQUIREMENT FOR

ERTAIN

INOR

ONSTRUCTION

ROJECTS

.—

(1) I

N GENERAL

.—Section 4703 of the Atomic Energy

Defense Act (50 U.S.C. 2743) is amended—

Deadline.

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135 STAT. 2227 PUBLIC LAW 117–81—DEC. 27, 2021

(A) by redesignating subsection (d) as subsection (e);

and

(B) by inserting after subsection (c) the following new

subsection (d):

‘‘(d) N

OTIFICATION

EQUIRED FOR

ERTAIN

ROJECTS

.—Notwith-

standing subsection (a), the Secretary may not start a minor

construction project with a total estimated cost of more than

$5,000,000 until—

‘‘(1) the Secretary notifies the congressional defense

committees of such project and total estimated cost; and

‘‘(2) a period of 15 days has elapsed after the date on

which such notification is received.’’.

(2) C

ONFORMING REPEAL

.—Section 3118(c) of the National

Defense Authorization Act for Fiscal Year 2010 (Public Law

111–84; 50 U.S.C. 2743 note) is repealed.

NCREASE IN

ONSTRUCTION

ESIGN

HRESHOLD

.—Section

4706(b) of the Atomic Energy Defense Act (50 U.S.C. 2746(b)) is

amended by striking ‘‘$2,000,000’’ each place it appears and

inserting ‘‘$5,000,000’’.

SEC. 3116. UPDATES TO INFRASTRUCTURE MODERNIZATION INITIA-

TIVE.

Section 3111(b) of the National Defense Authorization Act for

Fiscal Year 2018 (Public Law 115–91; 50 U.S.C. 2402 note) is

amended—

(1) in paragraph (1), by striking ‘‘reduce the deferred

maintenance and repair needs of the nuclear security enterprise

by not less than 30 percent by 2025’’ and inserting ‘‘reduce

the total deferred maintenance per replacement plant value

of the nuclear security enterprise by not less than 45 percent

by 2030’’;

(2) in paragraph (2)(A)(i)(II), by striking ‘‘$50,000,000’’ and

inserting ‘‘$75,000,000’’;

(3) in paragraph (3)—

(A) in the paragraph heading, by striking ‘‘I

NITIAL

PLAN

’’ and inserting ‘‘P

LAN REQUIRED

’’; and

(B) in the matter preceding subparagraph (A)—

(i) by striking ‘‘2018’’ and inserting ‘‘2022’’; and

(ii) by striking ‘‘an initial plan’’ and inserting ‘‘a

plan’’;

(4) in paragraph (4)—

(A) by striking ‘‘2024’’ and inserting ‘‘2023’’; and

(B) by striking ‘‘2025’’ and inserting ‘‘2030’’; and

(5) by adding at the end the following new paragraphs:

‘‘(5) A

NNUAL REPORTS

.—Not later than March 1, 2023, and

annually thereafter through 2030, the Administrator for

Nuclear Security shall submit to the congressional defense

committees a report with respect to whether the updated plan

under paragraph (3) is being implemented in a manner ade-

quate to achieve the goal specified in paragraph (1).’’.

SEC. 3117. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN

SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.

2701(c)(1)) is amended by striking ‘‘September 30, 2021’’ and

inserting ‘‘September 30, 2026’’.

Time period.

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135 STAT. 2228 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 3118. EXTENSION OF AUTHORITY FOR ACCEPTANCE OF CON-

TRIBUTIONS FOR ACCELERATION OF REMOVAL OR SECU-

RITY OF FISSILE MATERIALS, RADIOLOGICAL MATERIALS,

AND RELATED EQUIPMENT AT VULNERABLE SITES

WORLDWIDE.

(a) I

ENERAL

.—Section 3132 of the Ronald W. Reagan

National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C.

2569) is—

(1) transferred to title XLIII of the Atomic Energy Defense

Act (50 U.S.C. 2565 et seq.);

(2) redesignated as section 4306B;

(3) inserted after section 4306A; and

(4) amended, in subsection (f)(6), by striking ‘‘December

31, 2023’’ and inserting ‘‘December 31, 2028’’.

(b) C

LERICAL

MENDMENT

.—The table of contents for the

Atomic Energy Defense Act is amended by inserting after the item

relating to section 4306A the following new item:

‘‘Sec. 4306B. 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.

Section 4806(g) of the Atomic Energy Defense Act (50 U.S.C.

2786(g)) is amended by striking ‘‘June 30, 2023’’ and inserting

‘‘December 31, 2028’’.

SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT

OR RETIRE W76–2 WARHEADS.

(a) P

ROHIBITION

.—Except as provided in subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2022 for the National Nuclear Secu-

rity Administration may be obligated or expended to reconvert

or retire a W76–2 warhead.

(b) W

AIVER

.—The Administrator for Nuclear Security may

waive the prohibition in subsection (a) if the Administrator, in

consultation with the Secretary of Defense, the Director of National

Intelligence, and the Chairman of the Joint Chiefs of Staff, certifies

in writing to the congressional defense committees—

(1) that Russia and China do not possess naval capabilities

similar to the W76–2 warhead in the active stockpiles of the

respective country; or

(2) that the Department of Defense does not have a valid

military requirement for the W76–2 warhead.

SEC. 3121. PORTFOLIO MANAGEMENT FRAMEWORK FOR NATIONAL

NUCLEAR SECURITY ADMINISTRATION.

(a) I

ENERAL

.—Not later than one year after the date of

the enactment of this Act, the Administrator for Nuclear Security

shall—

(1) in consultation with the Nuclear Weapons Council

established under section 179 of title 10, United States Code,

develop and implement a portfolio management framework for

the nuclear security enterprise that—

(A) defines the National Nuclear Security Administra-

tion’s portfolio of nuclear weapons stockpile and infrastruc-

ture maintenance and modernization programs;

Consultation.

Deadline.

50 USC 2521

note.

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135 STAT. 2229 PUBLIC LAW 117–81—DEC. 27, 2021

(B) establishes a portfolio governance structure,

including portfolio-level selection criteria, prioritization cri-

teria, and performance metrics;

rity Administration to managing that portfolio; and

(D) incorporates the leading practices identified by the

Comptroller General of the United States in the report

titled ‘‘Nuclear Security Enterprise: NNSA Should Use

Portfolio Management Leading Practices to Support Mod-

ernization Efforts’’ (GAO–21–398) and dated June 2021;

and

(2) complete an integrated, comprehensive assessment of

the portfolio management capabilities required to execute the

weapons activities portfolio of the National Nuclear Security

Administration.

(b) B

RIEFING

EQUIREMENT

.—Not later than June 1, 2022, the

Administrator shall provide to the congressional defense committees

a briefing on—

(1) the progress of the Administrator in developing the

framework described in paragraph (1) of subsection (a) and

completing the assessment required by paragraph (2) of that

subsection; and

(2) the plans of the Administrator for implementing the

recommendations of the Comptroller General in the report

referred to in paragraph (1)(D) of that subsection.

UCLEAR

ECURITY

NTERPRISE

EFINED

.—In this section,

the term ‘‘nuclear security enterprise’’ has the meaning given that

term in section 4002 of the Atomic Energy Defense Act (50 U.S.C.

2501).

Subtitle C—Reports and Other Matters

SEC. 3131. MODIFICATIONS TO CERTAIN REPORTING REQUIREMENTS.

(a) N

OTIFICATION OF

MPLOYEE

RACTICES

FFECTING

ATIONAL

ECURITY

.—Section 3245 of the National Nuclear Secu-

rity Administration Act (50 U.S.C. 2443) is amended by striking

subsections (a) and (b) and inserting the following new subsections:

‘‘(a) A

NNUAL

OTIFICATION OF

ECURITY

LEARANCE

EVOCA

TIONS

.—At or about the time that the President’s budget is sub-

mitted to Congress under section 1105(a) of title 31, United States

Code, the Administrator shall notify the appropriate congressional

committees of—

‘‘(1) the number of covered employees whose security clear-

ance was revoked during the year prior to the year in which

the notification is made; and

‘‘(2) for each employee counted under paragraph (1), the

length of time such employee has been employed at the

Administration, as the case may be, since such revocation.

‘‘(b) A

NNUAL

OTIFICATION OF

ERMINATIONS AND

EMOVALS

.—

Not later than December 31 of each year, the Administrator shall

notify the appropriate congressional committees of each instance

in which the Administrator terminated the employment of a covered

employee or removed and reassigned a covered employee for cause

during that year.’’.

Deadline.

Assessment.

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135 STAT. 2230 PUBLIC LAW 117–81—DEC. 27, 2021

(b) R

EPORTS ON

ERTAIN

RANSFERS OF

IVIL

UCLEAR

ECH

NOLOGY

.—Section 3136(a) of the National Defense Authorization

Act for Fiscal Year 2016 (42 U.S.C. 2077a(a)) is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘Not

less frequently than every 90 days,’’ and inserting ‘‘At the

same time as the President submits to Congress the annual

budget request under section 1105 of title 31, United States

Code, for a fiscal year,’’;

(2) in paragraph (1), by striking ‘‘the preceding 90 days’’

and inserting ‘‘the preceding year’’; and

(3) in the heading, by striking ‘‘R

EPORT

’’ and inserting

‘‘A

NNUAL

EPORTS

’’.

ERTAIN

NNUAL

EVIEWS BY

UCLEAR

CIENCE

DVISORY

OMMITTEE

.—Section 3173(a)(4)(B) of the National Defense

Authorization Act for Fiscal Year 2013 (42 U.S.C. 2065(a)(4)(B))

is amended by striking ‘‘annual reviews’’ and inserting ‘‘triennial

reviews’’.

SEC. 3132. MODIFICATION TO TERMINOLOGY FOR REPORTS ON FINAN-

CIAL BALANCES FOR ATOMIC ENERGY DEFENSE ACTIVI-

TIES.

Section 4732 of the Atomic Energy Defense Act (50 U.S.C.

2772) is amended—

(1) in subsection (b)(2)—

(A) in subparagraph (G), by striking ‘‘committed’’ and

inserting ‘‘encumbered’’;

(B) in subparagraph (H), by striking ‘‘uncommitted’’

and inserting ‘‘unencumbered’’; and

inserting ‘‘unencumbered’’; and

(2) in subsection (c)—

(A) by striking paragraphs (1) and (3);

(B) by redesignating paragraphs (2) and (4) as para-

graphs (1) and (3), respectively;

(B), by striking ‘‘by the contractor’’ and inserting ‘‘from

the contractor’’;

(D) by inserting after paragraph (1), as so redesignated,

the following new paragraph (2):

‘‘(2) E

NCUMBERED

.—The term ‘encumbered’, with respect

to funds, means the funds have been obligated to a contract

and are being held for a specific known purpose by the con-

tractor.’’;

(E) in paragraph (3), as so redesignated, by striking

‘‘by the contractor’’ and inserting ‘‘from the contractor’’;

and

(F) by inserting after paragraph (3), as so redesignated,

the following new paragraph (4):

‘‘(4) U

NENCUMBERED

.—The term ‘unencumbered’, with

respect to funds, means the funds have been obligated to a

contract and are not being held for a specific known purpose

by the contractor.’’.

SEC. 3133. IMPROVEMENTS TO ANNUAL REPORTS ON CONDITION OF

THE UNITED STATES NUCLEAR WEAPONS STOCKPILE.

Section 4205(e)(3) of the Atomic Energy Defense Act (50 U.S.C.

2525(e)(3)) is amended—

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135 STAT. 2231 PUBLIC LAW 117–81—DEC. 27, 2021

(1) in subparagraph (A), by inserting ‘‘, including with

respect to cyber assurance,’’ after ‘‘methods’’; and

(2) in subparagraph (B), by inserting ‘‘, and the confidence

of the head in such tools and methods’’ after ‘‘the assessments’’.

SEC. 3134. REPORT ON PLANT-DIRECTED RESEARCH AND DEVELOP-

MENT.

Section 4812A of the Atomic Energy Defense Act (50 U.S.C.

2793) is amended—

(1) by redesignating subsections (b) and (c) as subsections

(2) by inserting after subsection (a) the following new sub-

section (b):

‘‘(b) P

LANT

DIRECTED

ESEARCH AND

EVELOPMENT

.—

‘‘(1) I

N GENERAL

.—The report required by subsection (a)

shall include, with respect to plant-directed research and

development, the following:

‘‘(A) A financial accounting of expenditures for such

research and development, disaggregated by nuclear

weapons production facility.

‘‘(B) A breakdown of the percentage of research and

development conducted by each such facility that is plant-

directed research and development.

‘‘(C) An explanation of how each such facility plans

to increase the availability and utilization of funds for

plant-directed research and development.

‘‘(2) P

LANT

DIRECTED RESEARCH AND DEVELOPMENT

DEFINED

.—In this subsection, the term ‘plant-directed research

and development’ means research and development selected

by the director of a nuclear weapons production facility.’’.

SEC. 3135. REPORTS ON RISKS TO AND GAPS IN INDUSTRIAL BASE

FOR NUCLEAR WEAPONS COMPONENTS, SUBSYSTEMS,

AND MATERIALS.

Section 3113 of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283; 50 U.S.C. 2512 note) is amended by adding at the end the

following new subsection:

‘‘(e) R

EPORTS

.—The Administrator, acting through the official

designated under subsection (a), shall submit to the Committees

on Armed Services of the Senate and the House of Representatives,

contemporaneously with each briefing required by subsection (d)(2),

a report—

‘‘(1) identifying actual or potential risks to or specific gaps

in any element of the industrial base that supports the nuclear

weapons components, subsystems, or materials of the National

Nuclear Security Administration;

‘‘(2) describing the actions the Administration is taking

to further assess, characterize, and prioritize such risks and

gaps;

‘‘(3) describing mitigating actions, if any, the Administra-

tion has underway or planned to mitigate any such risks or

gaps;

‘‘(4) setting forth the anticipated timelines and resources

needed for such mitigating actions; and

‘‘(5) describing the nature of any coordination with or bur-

den sharing by other departments or agencies of the Federal

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135 STAT. 2232 PUBLIC LAW 117–81—DEC. 27, 2021

Government or the private sector to address such risks and

gaps.’’.

SEC. 3136. TRANSFER OF BUILDING LOCATED AT 4170 ALLIUM COURT,

SPRINGFIELD, OHIO.

(a) I

ENERAL

.—The National Nuclear Security Administra-

tion shall release all of its reversionary rights without reimburse-

ment to the building located at 4170 Allium Court, Springfield,

Ohio, also known as the Advanced Technical Intelligence Center

for Human Capital Development, to the Community Improvement

Corporation of Clark County and the Chamber of Commerce.

(b) F

IMPLE

NTEREST

.—The fee simple interest in the prop-

erty, on which the building described in subsection (a) is located,

shall be transferred from the Advanced Technical Intelligence

Center for Human Capital Development to the Community Improve-

ment Corporation of Clark County prior to or concurrent with

the release of the reversionary rights of the National Nuclear Secu-

rity Administration under subsection (a).

SEC. 3137. COMPREHENSIVE STRATEGY FOR TREATING, STORING, AND

DISPOSING OF DEFENSE NUCLEAR WASTE RESULTING

FROM STOCKPILE MAINTENANCE AND MODERNIZATION

ACTIVITIES.

(a) I

ENERAL

.—Not later than one year after the date of

the enactment of the National Defense Authorization Act for Fiscal

Year 2022, the Administrator for Nuclear Security shall submit

to the congressional defense committees and the Comptroller Gen-

eral of the United States a comprehensive strategy for treating,

storing, and disposing of defense nuclear waste generated as a

result of stockpile maintenance and modernization activities.

(b) E

LEMENTS

.—The strategy required by subsection (a) shall

include the following:

(1) A projection of the location, type, and quantity of defense

nuclear waste the National Nuclear Security Administration

anticipates generating as a result of stockpile maintenance

and modernization activities during the periods of five and

10 fiscal years after the submission of the strategy, with a

long-term outlook for the period of 25 fiscal years after such

submission.

(2) Budgetary estimates associated with the projection

under paragraph (1) during the period of five fiscal years after

the submission of the strategy.

(3) A description of how the National Nuclear Security

Administration plans to coordinate with the Office of Environ-

mental Management of the Department of Energy to treat,

store, and dispose of the type and quantity of waste projected

to be generated under paragraph (1).

(4) An identification of—

(A) disposal facilities that could accept that waste;

(B) disposal facilities that could accept that waste with

modifications; and

(B), the modifications necessary for such facilities to accept

that waste.

OLLOW

TRATEGY

.—Concurrent with the submission of

the budget of the President to Congress under section 1105(a)

Deadline.

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135 STAT. 2233 PUBLIC LAW 117–81—DEC. 27, 2021

of title 31, United States Code, for fiscal year 2027, the Adminis-

trator shall submit to the congressional defense committees a follow-

on strategy to the strategy required by subsection (a) that includes—

(1) the elements set forth in subsection (b); and

(2) any other matters that the Administrator considers

appropriate.

SEC. 3138. ACQUISITION OF HIGH-PERFORMANCE COMPUTING

CAPABILITIES BY NATIONAL NUCLEAR SECURITY

ADMINISTRATION.

(a) R

OADMAP FOR

CQUISITION

.—

(1) I

N GENERAL

.—Not later than two years after the date

of the enactment of this Act, the Administrator for Nuclear

Security shall submit to the congressional defense committees

a roadmap for the acquisition by the Administration of high-

performance computing capabilities during the 10-year period

following submission of the roadmap.

(2) E

LEMENTS

.—The roadmap required by paragraph (1)

shall include the following:

(A) A description of the high-performance computing

capabilities required to support the mission of the Adminis-

tration as of the date on which the roadmap is submitted

under paragraph (1).

(B) An identification of any existing or anticipated

gaps in such capabilities.

capabilities anticipated to be required by the Administra-

tion during the 10-year period following submission of the

roadmap, including computational performance and other

requirements, as appropriate.

(D) A description of the strategy of the Administration

for acquiring such capabilities.

(E) An assessment of the ability of the industrial base

to support that strategy.

(F) Such other matters the Administrator considers

appropriate.

(3) C

ONSULTATION AND CONSIDERATIONS

.—In developing

the roadmap required by paragraph (1), the Administrator

shall—

(A) consult with the Secretary of Energy; and

(B) take into consideration the findings of the review

of the future of computing beyond exascale computing con-

ducted by the National Academy of Sciences under section

3172 of the William M. (Mac) Thornberry National Defense

Authorization Act for Fiscal Year 2021 (Public Law 116–

283).

(b) I

NDEPENDENT

SSESSMENT OF

IGH

PERFORMANCE

PUTING

CQUISITIONS

.—

(1) I

N GENERAL

.—The Administrator shall seek to enter

into an agreement with a federally funded research and

development center to assess the first acquisition of high-

performance computing capabilities by the Administration after

the date of the enactment of this Act.

(2) E

LEMENTS

.—The assessment required by paragraph (1)

of the acquisition of high-performance computing capabilities

described in that paragraph shall include an assessment of

the following:

Contracts.

Assessment.

Time period.

Deadline.

Time period.

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135 STAT. 2234 PUBLIC LAW 117–81—DEC. 27, 2021

(A) The mission needs of the Administration met by

the acquisition.

(B) The evidence used to support the acquisition deci-

sion, such as an analysis of alternatives or business case

analyses.

ulation and Computing Program related to the acquisition.

(3) R

EPORT REQUIRED

.—

(A) I

N GENERAL

.—Not later than 90 days after entering

into the arrangement under paragraph (1), the Adminis-

trator shall submit to the congressional defense committees

a report on the assessment conducted under paragraph

(1).

(B) F

ORM OF REPORT

.—The report required by subpara-

graph (A) shall be submitted in unclassified form but may

include a classified annex.

SEC. 3139. STUDY ON THE W80–4 NUCLEAR WARHEAD LIFE EXTENSION

PROGRAM.

(a) S

TUDY

.—Not later than 30 days after the date of the enact-

ment of this Act, the Director for Cost Estimation and Program

Evaluation shall initiate a study on the W80–4 nuclear warhead

life extension program.

(b) M

ATTERS

NCLUDED

.—The study under subsection (a) shall

include the following:

(1) An explanation of any increases in actual or projected

costs of the W80–4 nuclear warhead life extension program.

(2) An analysis of projections of total program costs and

planned program schedules.

(3) An analysis of the potential impacts on other programs

as a result of additional funding required to maintain the

planned program schedule for the W80–4 nuclear warhead

life extension program, including with respect to—

(A) other life-extension programs;

(B) infrastructure programs; and

grams.

(4) An analysis of the impacts that a delay of the program

will have on other programs due to—

(A) technical or management challenges; and

(B) changes in requirements for the program.

UBMISSION

.—Not later than 180 days after the date of

the enactment of this Act, the Director shall submit to the congres-

sional defense committees the study under subsection (a).

(d) F

ORM

.—The study under subsection (a) shall be in unclassi-

fied form, but may include a classified annex.

SEC. 3140. STUDY ON RUNIT DOME AND RELATED HAZARDS.

(a) S

TUDY

.—Not later than 60 days after the date of enactment

of this Act, the Secretary of Energy shall seek to enter into an

agreement with a federally funded research and development center

to conduct a study on the impacts of climate change on the ‘‘Runit

Dome’’ nuclear waste disposal site in Enewetak Atoll, Marshall

Islands, and on other environmental hazards due to nuclear

weapons testing in the vicinity thereof. The report shall include

a scientific analysis of threats to the environment and to the resi-

dents of Enewetak Atoll, including—

(1) the ‘‘Runit Dome’’ nuclear waste disposal site;

Threat analysis.

Deadline.

Contracts.

Deadline.

Analysis.

Deadline.

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135 STAT. 2235 PUBLIC LAW 117–81—DEC. 27, 2021

(2) crypts used to contain nuclear waste and other toxins

on Enewetak Atoll; and

(3) radionuclides and other toxins present in the lagoon

of Enewetak Atoll.

(b) P

UBLIC

OMMENTS

.—In conducting the study under sub-

section (a), the federally funded research and development center

shall solicit public comments.

EPORT

.—Not later than 18 months after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report containing the study conducted

under subsection (a).

SEC. 3141. SENSE OF CONGRESS REGARDING COMPENSATION OF

INDIVIDUALS RELATING TO URANIUM MINING AND

NUCLEAR TESTING.

(a) F

INDINGS

.—Congress makes the following findings:

(1) The Radiation Exposure Compensation Act (Public Law

101–426; 42 U.S.C. 2210 note) was enacted in 1990 to provide

monetary compensation to individuals who contracted certain

cancers and other serious diseases following their exposure

to radiation released during atmospheric nuclear weapons

testing during the Cold War or following exposure to radiation

as a result of employment in the uranium industry during

the Cold War.

(2) The Radiation Exposure Compensation Act expires on

July 9, 2022. Unless that Act is extended, individuals who

contract certain cancers and other serious diseases because

of events described in paragraph (1) may be unable to claim

compensation for such diseases.

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

the United States Government should continue to appropriately

compensate and recognize the individuals described in subsection

(a).

TITLE XXXII—DEFENSE NUCLEAR

FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Fa-

cilities Safety Board.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2022,

$31,000,000 for the operation of the Defense Nuclear Facilities

Safety Board under chapter 21 of the Atomic Energy Act of 1954

(42 U.S.C. 2286 et seq.).

SEC. 3202. REFERENCES TO CHAIRPERSON AND VICE CHAIRPERSON

OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286

et seq.) is amended—

(1) in section 311(c), in the subsection heading, by striking

‘‘C

HAIRMAN

, V

ICE

HAIRMAN

’’ and inserting ‘‘C

HAIRPERSON

ICE

HAIRPERSON

’’; and

(2) by striking ‘‘Chairman’’ each place it appears and

inserting ‘‘Chairperson’’.

42 USC 2286,

2286b.

42 USC 2286.

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135 STAT. 2236 PUBLIC LAW 117–81—DEC. 27, 2021

TITLE XXXIV—NAVAL PETROLEUM

RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) A

MOUNT

.—There are hereby authorized to be appropriated

to the Secretary of Energy $13,650,000 for fiscal year 2022 for

the purpose of carrying out activities under chapter 869 of title

10, United States Code, relating to the naval petroleum reserves.

(b) P

ERIOD OF

VAILABILITY

.—Funds appropriated pursuant to

the authorization of appropriations in subsection (a) shall remain

available until expended.

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 il-

legal, unreported, and unregulated fishing.

Sec. 3518. Authorization to purchase duplicate medals.

Subtitle A—Maritime Administration

SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

(a) I

ENERAL

.—There are authorized to be appropriated to

the Department of Transportation for fiscal year 2022 for programs

associated with maintaining the United States merchant marine,

the following amounts:

(1) For expenses necessary for operations of the United

States Merchant Marine Academy, $90,532,000, of which—

(A) $85,032,000 shall be for Academy operations, which

may be used to hire personnel pursuant to subsection (d)

and to implement any recommendations of the Merchant

Marine Academy Advisory Council established under sub-

section (c); and

(B) $5,500,000 shall remain available until expended

for capital asset management at the Academy.

(2) For expenses necessary to support the State maritime

academies, $50,780,000, of which—

(A) $2,400,000 is for the Student Incentive Program;

(B) $6,000,000 is for direct payments;

(D) $8,080,000 is for offsetting the costs of training

ship sharing; and

(E) $30,500,000 is for maintenance and repair of State

maritime academy training vessels.

(3) For expenses necessary to support the National Security

Multi-Mission Vessel Program, $315,600,000.

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135 STAT. 2237 PUBLIC LAW 117–81—DEC. 27, 2021

(4) For expenses necessary to support Maritime Adminis-

tration operations and programs, $60,853,000.

(5) For expenses necessary to dispose of vessels in the

National Defense Reserve Fleet, $10,000,000.

(6) For expenses necessary to maintain and preserve a

United States flag merchant marine to serve the national secu-

rity needs of the United States under chapter 531 of title

46, United States Code, $318,000,000.

(7) For expenses necessary for the loan guarantee program

authorized under chapter 537 of title 46, United States Code,

$33,000,000, of which—

(A) $30,000,000 may be used for the cost (as defined

in section 502(5) of the Federal Credit Reform Act of 1990

(2 U.S.C. 661a(5))) of loan guarantees under the program;

and

(B) $3,000,000 may be used for administrative expenses

relating to loan guarantee commitments under the pro-

gram.

(8) For expenses necessary to provide for the Tanker Secu-

rity Fleet, as authorized under chapter 534 of title 46, United

States Code, $60,000,000.

(9) For expenses necessary to support maritime environ-

mental and technical assistance activities authorized under

section 50307 of title 46, United States Code, $10,000,000.

(10) For expenses necessary to support marine highway

program activities authorized under chapter 556 of such title,

$11,000,000.

(11) For expenses necessary to provide assistance to small

shipyards and for the maritime training program authorized

under section 54101 of title 46, United States Code,

$40,000,000.

(12) For expenses necessary to implement the Port and

Intermodal Improvement Program, $750,000,000, to remain

available until expended, except that no such funds may be

used to provide a grant to purchase fully automated cargo

handling equipment that is remotely operated or remotely mon-

itored with or without the exercise of human intervention or

control, if the Secretary determines such equipment would

result in a net loss of jobs within a port of port terminal.

(b) A

VAILABILITY OF

MOUNTS

.—The amounts authorized to

be appropriated under subsection (a) shall remain available as

follows:

(1) The amounts authorized to be appropriated under para-

graphs (1)(A), (2)(A), and (4)(A) shall remain available until

September 30, 2022.

(2) The amounts authorized to be appropriated under para-

graphs (1)(B), (2)(B), (D), and (E), (3), (4)(B), (5), (6), (7)(A),

(8), and (9) shall remain available until expended without fiscal

year limitation.

NITED

TATES

ERCHANT

ARINE

CADEMY

DVISORY

OUNCIL

; U

NFILLED

ACANCIES

.—

(1) I

N GENERAL

.—Chapter 513 of title 46, United States

Code, is amended by adding at the end the following new

sections:

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135 STAT. 2238 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘§ 51323. United States Merchant Marine Academy Advisory

Council

‘‘(a) E

STABLISHMENT

.—The Secretary of Transportation shall

establish an advisory council, to be known as the ‘United States

Merchant Marine Academy Advisory Council’ (in this section

referred to as the ‘Council’).

‘‘(b) M

EMBERSHIP

.—

‘‘(1) I

N GENERAL

.—The Secretary shall select not fewer

than 8 and not more than 14 individuals to serve as members

of the Council. Such individuals shall have such expertise as

the Secretary determines necessary and appropriate for pro-

viding advice and guidance on improving the Academy.

‘‘(2) G

OVERNMENTAL EXPERTS

.—The number of members

of the Council who are employees of the Federal Government

may not exceed the number of members of the Council who

are not employees of the Federal Government.

‘‘(3) E

MPLOYEE STATUS

.—Members of the Council shall not

be considered employees of the United States Government by

reason of their membership on the Council for any purpose

and shall not receive compensation other than reimbursement

of travel expenses and per diem allowance in accordance with

section 5703 of title 5.

‘‘(c) R

ESPONSIBILITIES

.—The Council shall provide advice to the

Secretary at the time and in the manner requested by the Secretary.

‘‘(d) P

ERSONALLY

DENTIFIABLE

NFORMATION

.—In carrying out

its responsibilities under this subsection, the Council shall comply

with the obligations of the Department of Transportation to protect

personally identifiable information.

‘‘§ 51324. Unfilled vacancies

‘‘(a) I

ENERAL

.—In the event of an unfilled vacancy for any

critical position at the United States Merchant Marine Academy,

the Secretary of Transportation may appoint, without regard to

the provisions of subchapter I of chapter 33 of title 5, other than

sections 3303 and 3328 of that title, a qualified candidate for

the purposes of filling up to 20 of such positions.

‘‘(b) C

RITICAL

OSITION

EFINED

.—In this section, the term

‘critical position’ means a position that contributes to the improve-

ment of—

‘‘(1) the culture or infrastructure of the Academy;

‘‘(2) student health and well being;

‘‘(3) Academy governance; or

‘‘(4) any other priority areas identified by the Council.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new items:

‘‘51323. United States Merchant Marine Academy Advisory Council.

‘‘51324. Unfilled vacancies.’’.

Subtitle B—Other Matters

SEC. 3511. EFFECTIVE PERIOD FOR ISSUANCE OF DOCUMENTATION

FOR RECREATIONAL VESSELS.

Section 12105(e)(2) of title 46, United States Code, is

amended—

46 USC 51301

prec.

Compliance.

Determination.

46 USC 51323.

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135 STAT. 2239 PUBLIC LAW 117–81—DEC. 27, 2021

(1) by striking subparagraphs (A) and (B) and inserting

the following:

‘‘(A) I

N GENERAL

.—The owner or operator of a rec-

reational vessel may choose a period of effectiveness of

between 1 and 5 years for a certificate of documentation

for a recreational vessel or the renewal thereof.’’; and

(2) by redesignating subparagraph (C) as subparagraph

(B).

SEC. 3512. COMMITTEES ON MARITIME MATTERS.

(a) I

ENERAL

.—

(1) Chapter 555 of title 46, United States Code, is redesig-

nated as chapter 504 of such title and transferred to appear

after chapter 503 of such title.

(2) Chapter 504 of such title, as redesignated by paragraph

(1), is amended in the chapter heading by striking ‘‘MIS-

CELLANEOUS’’ and inserting ‘‘COMMITTEES’’.

(3) Sections 55501 and 55502 of such title are redesignated

as section 50401 and section 50402, respectively, of such title

and transferred to appear in chapter 504 of such title (as

redesignated by paragraph (1)).

(4) The section heading for section 50401 of such title,

as redesignated by paragraph (3), is amended to read as follows:

‘‘

UNITED STATES COMMITTEE ON THE MARINE TRANSPORTATION

SYSTEM

’’.

(b) C

ONFORMING

MENDMENT

.—Section 8332(b)(1) of the Elijah

E. Cummings Coast Guard Authorization Act of 2020 (division

G of the William M. (Mac) Thornberry National Defense Authoriza-

tion Act for Fiscal Year 2021 (Public Law 116–283)) is amended

by striking ‘‘section 55502’’ and inserting ‘‘section 50402’’.

LERICAL

MENDMENTS

.—

(1) The analysis for chapter 504 of title 46, United States

Code, as redesignated by subsection (a)(1), is amended to read

as follows:

‘‘C

HAPTER

504—C

OMMITTEES

‘‘Sec.

‘‘50401. United States Committee on the Marine Transportation System.

‘‘50402. Maritime Transportation System National Advisory Committee.’’.

(2) The table of chapters for subtitle V of title 46, United

States Code, is amended—

(A) by inserting after the item relating to chapter

503 the following:

‘‘504. Committees ................................................................................................50401’’; and

(B) by striking the item relating to chapter 555.

SEC. 3513. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.

(a) I

ENERAL

.—

(1) Part C of subtitle V of title 46, United States Code,

is amended by adding at the end the following:

‘‘CHAPTER 543—PORT INFRASTRUCTURE

DEVELOPMENT PROGRAM

‘‘Sec.

‘‘54301. Port infrastructure development program.

46 USC 54301

prec.

46 USC 50101

prec.

46 USC 50402

note.

46 USC 55502

note.

46 USC 50401

prec.

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135 STAT. 2240 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘§ 54301. Port infrastructure development program’’.

(2) Subsections (c), (d), and (e) of section 50302 of such

title are redesignated as subsections (a), (b), and (c) of section

54301 of such title, respectively, and transferred to appear

in chapter 543 of such title (as added by paragraph (1)).

(b) A

MENDMENTS TO

ECTION

54301.—Section 54301 of such

title, as redesignated by subsection (a)(2), is amended—

(1) in subsection (a)—

(A) in paragraph (2) by striking ‘‘or subsection (d)’’

and inserting ‘‘or subsection (b)’’;

(B) in paragraph (3)(A)(ii)—

(i) in subclause (II) by striking ‘‘; or’’ and inserting

a semicolon;

(ii) by striking subclause (III); and

(iii) by adding at the end the following:

‘‘(III) operational improvements, including

projects to improve port resilience; or

‘‘(IV) environmental and emission mitigation

measures; including projects for—

‘‘(aa) port electrification or electrification

master planning;

‘‘(bb) harbor craft or equipment replace-

ments or retrofits;

‘‘(cc) development of port or terminal

microgrids;

‘‘(dd) providing idling reduction infrastruc-

ture;

‘‘(ee) purchase of cargo handling equip-

ment and related infrastructure;

‘‘(ff) worker training to support electrifica-

tion technology;

‘‘(gg) installation of port bunkering facili-

ties from oceangoing vessels for fuels;

‘‘(hh) electric vehicle charge or hydrogen

refueling infrastructure for drayage and

medium or heavy duty trucks and locomotives

that service the port and related grid

upgrades; or

‘‘(ii) other related port activities, including

charging infrastructure, electric rubber-tired

gantry cranes, and anti-idling technologies.’’;

(i) in subparagraph (A) by striking ‘‘or subsection

(d)’’ and inserting ‘‘or subsection (b)’’; and

(ii) in subparagraph (B) by striking ‘‘subsection

(d)’’ and inserting ‘‘subsection (b)’’;

(D) in paragraph (6)(B)—

(i) in clause (i) by striking ‘‘; and’’ and inserting

a semicolon;

(ii) in clause (ii) by striking the period and

inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(iii) a port’s increased resilience as a result of

the project.’’;

(E) in paragraph (7)—

(i) in subparagraph (B)—

46 USC 54301.

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135 STAT. 2241 PUBLIC LAW 117–81—DEC. 27, 2021

(I) by striking ‘‘subsection (d)’’ in each place

it appears and inserting ‘‘subsection (b)’’; and

(II) by striking ‘‘18 percent’’ and inserting ‘‘25

percent’’;

(ii) in subparagraph (C) by striking ‘‘subsection

(d)(3)(A)(ii)(III)’’ and inserting ‘‘subsection

(b)(3)(A)(ii)(III)’’;

(F) in paragraph (8)—

(i) in subparagraph (A) by striking ‘‘or subsection

(d)’’ and inserting ‘‘or subsection (b)’’; and

(ii) in subparagraph (B)—

(I) in clause (i) by striking ‘‘subsection (d)’’

and inserting ‘‘subsection (b)’’; and

(II) in clause (ii) by striking ‘‘subsection (d)’’

and inserting ‘‘subsection (b)’’;

(G) in paragraph (9) by striking ‘‘subsection (d)’’ and

inserting ‘‘subsection (b)’’;

(H) in paragraph (10)—

(i) in subparagraph (A), by striking ‘‘subsection

(d)’’ and inserting ‘‘subsection (b)’’;

(ii) by redesignating subparagraphs (B) and (C)

as subparagraphs (C) and (D), respectively; and

(iii) by inserting after subparagraph (A) the fol-

lowing new subparagraph (B):

‘‘(B) E

FFICIENT USE OF NON

FEDERAL FUNDS

.—

‘‘(i) I

N GENERAL

.—Notwithstanding any other

provision of law ans subject to approval by the Sec-

retary, in the case of any grant for a project under

this section, during the period beginning on the date

on which the grant recipient is selected and ending

on the date on which the grant agreement is signed—

‘‘(I) the grant recipient may obligate and

expend non-Federal funds with respect to the

project for which the grant is provided; and

‘‘(II) any non-Federal funds obligated or

expended in accordance with subclause (I) shall

be credited toward the non-Federal cost share for

the project for which the grant is provided.

‘‘(ii) R

EQUIREMENTS

.—

‘‘(I) A

PPLICATION

.—In order to obligate and

expend non-Federal funds under clause (i), the

grant recipient shall submit to the Secretary a

request to obligate and expend non- Federal funds

under that clause, including—

‘‘(aa) a description of the activities the

grant recipient intends to fund;

‘‘(bb) a justification for advancing the

activities described in item (aa), including an

assessment of the effects to the project scope,

schedule, and budget if the request is not

approved; and

‘‘(cc) the level of risk of the activities

described in item (aa).

‘‘(II) A

PPROVAL

.—The Secretary shall approve

or disapprove each request submitted under sub-

clause (I).

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135 STAT. 2242 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(III) C

OMPLIANCE WITH APPLICABLE REQUIRE

MENTS

.—Any obligation or expenditure of non-Fed-

eral funds under clause (i) shall be in compliance

with all applicable requirements, including any

requirements included in the grant agreement.

‘‘(iii) E

FFECT

.—The obligation or expenditure of

any non-Federal funds in accordance with this subpara-

graph shall not—

‘‘(I) affect the signing of a grant agreement

or other applicable grant procedures with respect

to the applicable grant;

‘‘(II) create an obligation on the part of the

Federal Government to repay any non-Federal

funds if the grant agreement is not signed; or

‘‘(III) affect the ability of the recipient of the

grant to obligate or expend non-Federal funds to

meet the non-Federal cost share for the project

for which the grant is provided after the period

described in clause (i).’’; and

(I) in paragraph (12)—

(i) by striking ‘‘subsection (d)’’ and inserting ‘‘sub-

section (b)’’; and

(ii) by adding at the end the following:

‘‘(D) R

ESILIENCE

.—The term ‘resilience’ means the

ability to anticipate, prepare for, adapt to, withstand,

respond to, and recover from operational disruptions and

sustain critical operations at ports, including disruptions

caused by natural or manmade hazards, such as sea level

rise, flooding, earthquakes, hurricanes, tsunami inundation

or other extreme weather events.’’;

(2) in subsection (b)—

(A) in the subsection heading by striking ‘‘I

NLAND

’’

and inserting ‘‘I

NLAND

IVER

’’;

(B) in paragraph (1) by striking ‘‘subsection (c)(7)(B)’’

and inserting ‘‘subsection (a)(7)(B)’’;

(c)(3)(B)’’ and inserting ‘‘subsection (a)(3)(B)’’; and

(D) in paragraph (5)(A) by striking ‘‘subsection

(c)(8)(B)’’ and inserting ‘‘subsection (a)(8)(B)’’; and

(3) in subsection (c)—

(A) by striking ‘‘subsection (c) or subsection (d)’’ and

inserting ‘‘subsection (a) or subsection (b)’’; and

(B) by striking ‘‘subsection (c)(2)’’ and inserting ‘‘sub-

section (a)(2)’’.

RANTS FOR

MISSION

ITIGATION

EASURES

.—For fiscal

year 2022, the Secretary may make grants under section 54301(a)

of title 46, United States Code, as redesignated by subsection (a)(2)

and amended by subsection (b), to provide for emission mitigation

measures that provide for the use of shore power for vessels to

which sections 3507 and 3508 of such title apply, if such grants

meet the other requirements set out in such section 54301(a).

(d) C

LERICAL

MENDMENTS

.—The table of chapters for subtitle

V of title 46, United States Code, as amended by this title, is

further amended by inserting after the item relating to chapter

541 the following:

‘‘543. Port Infrastructure Development Program ......................................54301’’.

46 USC 50101

prec.

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135 STAT. 2243 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 3514. USES OF EMERGING MARINE TECHNOLOGIES AND PRAC-

TICES.

Section 50307 of title 46, United States Code, is amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new sub-

section (e):

‘‘(e) U

SES

.—The results of activities conducted under subsection

(b)(1) shall be used to inform—

‘‘(1) the policy decisions of the United States related to

domestic regulations; and

‘‘(2) the position of the United States on matters before

the International Maritime Organization.’’.

SEC. 3515. PROHIBITION ON PARTICIPATION OF LONG TERM CHAR-

TERS IN TANKER SECURITY FLEET.

(a) D

EFINITION OF

ONG

ERM

HARTER

.—Section 53401 of

title 46, United States Code, is amended by adding at the end

the following new paragraph:

‘‘(8) L

ONG TERM CHARTER

.—The term ‘long term charter’

means any time charter of a product tank vessel to the United

States Government that, together with options, occurs for a

continuous period of more than 180 days.’’.

(b) P

ARTICIPATION OF

ONG

ERM

HARTERS IN

ANKER

ECU

RITY

LEET

.—Section 53404(b) of such title is amended—

(1) by striking ‘‘The program participant of a’’ and inserting

‘‘Any’’;

(2) by inserting ‘‘long term’’ before ‘‘charter’’;

(3) by inserting ‘‘not’’ before ‘‘eligible’’; and

(4) by striking ‘‘receive payments pursuant to any operating

agreement that covers such vessel’’ and inserting ‘‘participate

in the Fleet’’.

SEC. 3516. COASTWISE ENDORSEMENT.

Notwithstanding section 12112 of title 46, United States Code,

the Secretary of the department in which the Coast Guard is

operating may issue a certificate of documentation with a coastwise

endorsement for the vessel WIDGEON (United States official

number 1299656).

SEC. 3517. REPORT ON EFFORTS OF COMBATANT COMMANDS TO COM-

BAT THREATS POSED BY ILLEGAL, UNREPORTED, AND

UNREGULATED FISHING.

(a) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of the Navy, in consulta-

tion with the Director of the Office of Naval Research, the co-

chairs of the collaborative interagency working group on maritime

security and IUU fishing established under section 3551 of the

Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8031),

and the heads of other relevant agencies, as determined by the

Secretary, shall submit to the appropriate congressional committees

a report on the combatant commands’ maritime domain awareness

efforts to combat the threats posed by illegal, unreported, and

unregulated fishing.

(b) C

ONTENTS OF

EPORT

.—The report required by subsection

(a) shall include a detailed summary of each of the following for

each combatant command:

(1) The activities undertaken to date to combat the threats

posed by illegal, unreported, and unregulated fishing in the

Summary.

Consultation.

Determination.

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135 STAT. 2244 PUBLIC LAW 117–81—DEC. 27, 2021

geographic area of the combatant command, including the steps

taken to build partner capacity to combat such threats.

(2) Coordination with the Armed Forces of the United

States, partner nations, and public-private partnerships to com-

bat such threats.

(3) Efforts undertaken to support unclassified data integra-

tion, analysis, and delivery with regional partners to combat

such threats.

(4) Information sharing and coordination with efforts of

the collaborative interagency working group on maritime secu-

rity and IUU fishing established under section 3551 of the

Maritime Security and Fisheries Enforcement Act (16 U.S.C.

8031).

(5) Best practices and lessons learned from existing and

previous efforts relating to such threats, including strategies

for coordination and success in public-private partnerships.

(6) Limitations related to affordability, resource con-

straints, or other gaps or factors that affect the success or

expansion of efforts related to such threats.

(7) Any new authorities needed to support efforts to combat

such threats.

ORM OF

EPORT

.—The report required by subsection (a)

shall be submitted in unclassified form, but may include a classified

annex.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—In this section,

the term ‘‘appropriate congressional committees’’ means—

(1) the Committee on Armed Services, the Committee on

Commerce, Science, and Transportation, the Committee on For-

eign Relations, and the Committee on Appropriations of the

Senate; and

(2) the Committee on Armed Services, the Committee on

Natural Resources, the Committee on Transportation and Infra-

structure, the Committee on Foreign Affairs, and the Com-

mittee on Appropriations of the House of Representatives.

SEC. 3518. AUTHORIZATION TO PURCHASE DUPLICATE MEDALS.

(a) I

ENERAL

.—The Secretary of Transportation, acting

through the Administrator of the Maritime Administration, may

use funds appropriated for the fiscal year in which the date of

the enactment of this Act occurs, or funds appropriated for any

prior fiscal year, for the Maritime Administration to purchase dupli-

cate medals authorized under the Merchant Mariners of World

War II Congressional Gold Medal Act of 2020 (Public Law 116–

125) and provide such medals to eligible individuals who engaged

in qualified service who submit an application under subsection

(b) and were United States merchant mariners of World War II.

(b) A

PPLICATION

.—To be eligible to receive a medal described

in subsection (a), an eligible individual who engaged in qualified

service shall submit to the Administrator an application containing

such information and assurances as the Administrator may require.

LIGIBLE

NDIVIDUAL

NGAGED IN

UALIFIED

ERVICE

.—In this section, the term ‘‘eligible individual who engaged

in qualified service’’ means an individual who, between December

7, 1941, and December 31, 1946—

(1) was a member of the United States merchant marine,

including the Army Transport Service and the Navy Transport

Service, serving as a crewmember of a vessel that was—

Definition.

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135 STAT. 2245 PUBLIC LAW 117–81—DEC. 27, 2021

(A) operated by the War Shipping Administration, the

Office of Defense Transportation, or an agent of such

departments;

(B) operated in waters other than inland waters, the

Great Lakes, and other lakes, bays, or harbors of the United

States;

Government of the United States; and

(D) serving in the Armed Forces; and

(2) while so serving, was licensed or otherwise documented

for service as a crewmember of such a vessel by an officer

or employee of the United States authorized to license or docu-

ment the person for such service.

DIVISION D—FUNDING TABLES

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.

(a) I

ENERAL

.—Whenever a funding table in this division

specifies a dollar amount authorized for a project, program, or

activity, the obligation and expenditure of the specified dollar

amount for the project, program, or activity is hereby authorized,

subject to the availability of appropriations.

(b) M

ERIT

BASED

ECISIONS

.—

(1) I

N GENERAL

.—A decision to commit, obligate, or expend

funds with or to a specific entity on the basis of a dollar

amount authorized pursuant to subsection (a) shall—

(A) except as provided in paragraph (2), be based on

merit-based selection procedures in accordance with the

requirements of sections 2304(k) and 2374 of title 10,

United States Code, or on competitive procedures; and

(B) comply with other applicable provisions of law.

(2) E

XCEPTION

.—Paragraph (1)(A) does not apply to a deci-

sion to commit, obligate, or expend funds on the basis of a

dollar amount authorized pursuant to subsection (a) if the

project, program, or activity involved—

(A) is listed in section 4201; and

(B) is identified as Community Project Funding

through the inclusion of the abbreviation ‘‘CPF’’ imme-

diately before the name of the project, program, or activity.

ELATIONSHIP TO

RANSFER AND

ROGRAMMING

UTHORITY

.—An amount specified in the funding tables in this

division may be transferred or reprogrammed under a transfer

or reprogramming authority provided by another provision of this

Act or by other law. The transfer or reprogramming of an amount

specified in such funding tables shall not count against a ceiling

on such transfers or reprogrammings under section 1001 of this

Act or any other provision of law, unless such transfer or reprogram-

ming would move funds between appropriation accounts.

(d) A

PPLICABILITY TO

LASSIFIED

NNEX

.—This section applies

to any classified annex that accompanies this Act.

(e) O

RAL AND

RITTEN

OMMUNICATIONS

.—No oral or written

communication concerning any amount specified in the funding

tables in this division shall supersede the requirements of this

section.

Compliance.

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135 STAT. 2246 PUBLIC LAW 117–81—DEC. 27, 2021

TITLE XLI—PROCUREMENT

SEC. 4101. PROCUREMENT.

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

AIRCRAFT PROCUREMENT, ARMY

FIXED WING

001 UTILITY F/W AIRCRAFT ................................................................. 20,000

Program increase—fixed wing avionics upgrade ............................. [20,000 ]

004 SMALL UNMANNED AIRCRAFT SYSTEM ................................... 16,005 16,005

ROTARY

007 AH–64 APACHE BLOCK IIIA REMAN ........................................... 504,136 494,136

Unit cost growth ................................................................................. [–10,000 ]

008 AH–64 APACHE BLOCK IIIA REMAN ........................................... 192,230 192,230

010 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 630,263 841,763

UH–60 Black Hawk for Army Guard ................................................ [211,500 ]

011 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 146,068 146,068

012 UH–60 BLACK HAWK L AND V MODELS .................................... 166,205 166,205

013 CH–47 HELICOPTER ........................................................................ 145,218 397,218

Army UFR—Support minimum sustainment rate ........................... [252,000 ]

014 CH–47 HELICOPTER AP .................................................................. 18,559 47,559

Program increase—F Block II ........................................................... [29,000 ]

MODIFICATION OF AIRCRAFT

017 GRAY EAGLE MODS2 ...................................................................... 3,143 33,143

Program increase—recapitalization of legacy MQ–1C to extended

range MDO configuration.

[30,000 ]

018 MULTI SENSOR ABN RECON ........................................................ 127,665 122,910

Unjustified cost—spares ..................................................................... [–4,755 ]

019 AH–64 MODS ..................................................................................... 118,560 118,560

020 CH–47 CARGO HELICOPTER MODS (MYP) ................................. 9,918 11,918

Program increase—improved vibration control ................................ [2,000 ]

021 GRCS SEMA MODS ........................................................................... 2,762 2,762

022 ARL SEMA MODS ............................................................................. 9,437 9,437

023 EMARSS SEMA MODS ..................................................................... 1,568 1,568

024 UTILITY/CARGO AIRPLANE MODS .............................................. 8,530 8,530

025 UTILITY HELICOPTER MODS ....................................................... 15,826 40,826

UH–72 modernization ........................................................................ [25,000 ]

026 NETWORK AND MISSION PLAN ................................................... 29,206 29,206

027 COMMS, NAV SURVEILLANCE ...................................................... 58,117 58,117

029 AVIATION ASSURED PNT .............................................................. 47,028 45,862

Excess to need ..................................................................................... [–1,166 ]

030 GATM ROLLUP .................................................................................. 16,776 16,776

032 UAS MODS ......................................................................................... 3,840 3,840

GROUND SUPPORT AVIONICS

033 AIRCRAFT SURVIVABILITY EQUIPMENT .................................. 64,561 64,561

034 SURVIVABILITY CM ........................................................................ 5,104 5,104

035 CMWS .................................................................................................. 148,570 148,570

036 COMMON INFRARED COUNTERMEASURES (CIRCM) ............. 240,412 238,012

Training support cost growth ............................................................ [–2,400 ]

OTHER SUPPORT

038 COMMON GROUND EQUIPMENT ................................................. 13,561 13,561

039 AIRCREW INTEGRATED SYSTEMS .............................................. 41,425 41,425

040 AIR TRAFFIC CONTROL ................................................................. 21,759 21,759

TOTAL AIRCRAFT PROCUREMENT, ARMY ........................... 2,806,452 3,357,631

MISSILE PROCUREMENT, ARMY

SURFACE-TO-AIR MISSILE SYSTEM

002 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN .......... 35,473 35,473

003 M-SHORAD—PROCUREMENT ....................................................... 331,575 331,575

004 MSE MISSILE .................................................................................... 776,696 776,696

005 PRECISION STRIKE MISSILE (PRSM) .......................................... 166,130 166,130

006 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ............... 25,253 20,253

Maintain level of effort ....................................................................... [–5,000 ]

AIR-TO-SURFACE MISSILE SYSTEM

007 HELLFIRE SYS SUMMARY ............................................................. 118,800 115,800

Unit cost growth ................................................................................. [–3,000 ]

008 JOINT AIR-TO-GROUND MSLS (JAGM) ........................................ 152,177 214,177

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135 STAT. 2247 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

Army UFR—Additional JAGM procurement ................................... [67,000 ]

Unit cost growth ................................................................................. [–5,000 ]

009 LONG RANGE PRECISION MUNITION ........................................ 44,744 44,744

ANTI-TANK/ASSAULT MISSILE SYS

010 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 120,842 125,842

Army UFR—Light Weight Command Launch Units ....................... [5,000 ]

011 TOW 2 SYSTEM SUMMARY ............................................................ 104,412 102,412

Excess to need ..................................................................................... [–2,000 ]

012 GUIDED MLRS ROCKET (GMLRS) ................................................ 935,917 968,262

Army UFR—Restores GMLRS procurement .................................... [50,000 ]

Tooling request previously funded .................................................... [–17,655 ]

013 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......... 29,574 29,574

014 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ..... 128,438 128,438

016 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ..... 68,278 68,278

MODIFICATIONS

017 PATRIOT MODS ................................................................................ 205,469 205,469

021 AVENGER MODS .............................................................................. 11,227 11,227

022 ITAS/TOW MODS ............................................................................... 4,561 4,561

023 MLRS MODS ...................................................................................... 273,856 273,856

024 HIMARS MODIFICATIONS .............................................................. 7,192 7,192

SPARES AND REPAIR PARTS

025 SPARES AND REPAIR PARTS ........................................................ 5,019 5,019

SUPPORT EQUIPMENT & FACILITIES

026 AIR DEFENSE TARGETS ................................................................. 10,618 10,618

TOTAL MISSILE PROCUREMENT, ARMY ............................... 3,556,251 3,645,596

PROCUREMENT OF W&TCV, ARMY

TRACKED COMBAT VEHICLES

001 ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................ 104,727 104,727

002 ASSAULT BREACHER VEHICLE (ABV) ........................................ 16,454 16,454

003 MOBILE PROTECTED FIREPOWER .............................................. 286,977 286,977

MODIFICATION OF TRACKED COMBAT VEHICLES

005 STRYKER UPGRADE ........................................................................ 1,005,028 1,120,028

Excess growth ..................................................................................... [–24,000 ]

Program increase ................................................................................ [139,000 ]

006 BRADLEY PROGRAM (MOD) .......................................................... 461,385 538,354

Army UFR—Improved Bradley Acquisition System upgrade ......... [56,969 ]

Program increase ................................................................................ [20,000 ]

007 M109 FOV MODIFICATIONS ........................................................... 2,534 2,534

008 PALADIN INTEGRATED MANAGEMENT (PIM) .......................... 446,430 673,430

Army UFR—PIM increase ................................................................. [227,000 ]

009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........... 52,059 52,059

010 ASSAULT BRIDGE (MOD) ............................................................... 2,136 2,136

013 JOINT ASSAULT BRIDGE ............................................................... 110,773 110,773

015 ABRAMS UPGRADE PROGRAM ..................................................... 981,337 1,350,337

Army UFR—Abrams ARNG M1A2SEPv3 fielding .......................... [369,000 ]

016 VEHICLE PROTECTION SYSTEMS (VPS) .................................... 80,286 80,286

WEAPONS & OTHER COMBAT VEHICLES

018 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ... 31,623 31,623

019 MORTAR SYSTEMS .......................................................................... 37,485 50,338

Army UFR—120mm mortar cannon ................................................. [12,853 ]

020 XM320 GRENADE LAUNCHER MODULE (GLM) ........................ 8,666 8,666

021 PRECISION SNIPER RIFLE ............................................................ 11,040 10,040

Unit cost growth ................................................................................. [–1,000 ]

023 CARBINE ............................................................................................ 4,434 4,434

024 NEXT GENERATION SQUAD WEAPON ....................................... 97,087 97,087

026 HANDGUN .......................................................................................... 4,930 4,930

MOD OF WEAPONS AND OTHER COMBAT VEH

027 MK–19 GRENADE MACHINE GUN MODS ................................... 13,027 13,027

028 M777 MODS ........................................................................................ 21,976 23,771

Army UFR—Software Defined Radio-Hardware Integration Kits [1,795 ]

030 M2 50 CAL MACHINE GUN MODS ................................................ 3,612 21,527

Army UFR—Additional M2A1s for MATVs ..................................... [17,915 ]

SUPPORT EQUIPMENT & FACILITIES

036 ITEMS LESS THAN $5.0M (WOCV-WTCV) ................................... 1,068 1,068

037 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................... 90,819 90,819

TOTAL PROCUREMENT OF W&TCV, ARMY .......................... 3,875,893 4,695,425

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135 STAT. 2248 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

PROCUREMENT OF AMMUNITION, ARMY

SMALL/MEDIUM CAL AMMUNITION

001 CTG, 5.56MM, ALL TYPES ............................................................... 47,490 79,890

Army UFR—Enhanced Performance Round and Tracer ................. [32,400 ]

002 CTG, 7.62MM, ALL TYPES ............................................................... 74,870 101,926

Program increase ................................................................................ [28,473 ]

Unit cost growth ................................................................................. [–1,417 ]

003 NEXT GENERATION SQUAD WEAPON AMMUNITION ............ 76,794 76,794

004 CTG, HANDGUN, ALL TYPES ......................................................... 7,812 7,812

005 CTG, .50 CAL, ALL TYPES ............................................................... 29,716 58,116

Program increase ................................................................................ [28,400 ]

006 CTG, 20MM, ALL TYPES .................................................................. 4,371 4,371

008 CTG, 30MM, ALL TYPES .................................................................. 34,511 34,511

009 CTG, 40MM, ALL TYPES .................................................................. 35,231 46,731

Army UFR—MK19 training and war reserves ................................ [14,000 ]

BA54 and BA55 uncertainty .............................................................. [–2,500 ]

MORTAR AMMUNITION

010 60MM MORTAR, ALL TYPES .......................................................... 23,219 23,219

011 81MM MORTAR, ALL TYPES .......................................................... 52,135 52,135

012 120MM MORTAR, ALL TYPES ........................................................ 104,144 98,944

Unit cost growth ................................................................................. [–5,200 ]

TANK AMMUNITION

013 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 224,503 217,603

Unit cost growth ................................................................................. [–6,900 ]

ARTILLERY AMMUNITION

014 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........ 26,709 57,553

Army UPL ........................................................................................... [30,844 ]

015 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 174,015 174,715

Army UFR—Additional inventory ..................................................... [5,000 ]

Unit cost growth ................................................................................. [–4,300 ]

016 PROJ 155MM EXTENDED RANGE M982 ...................................... 73,498 61,498

Unit cost growth ................................................................................. [–12,000 ]

017 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 150,873 143,373

Unit cost growth ................................................................................. [–7,500 ]

MINES

018 MINES & CLEARING CHARGES, ALL TYPES ............................. 25,980 20,980

Excess to need ..................................................................................... [–5,000 ]

019 CLOSE TERRAIN SHAPING OBSTACLE ...................................... 34,761 34,761

ROCKETS

020 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 24,408 22,408

Excess to need ..................................................................................... [–2,000 ]

021 ROCKET, HYDRA 70, ALL TYPES .................................................. 109,536 117,536

Program increase ................................................................................ [8,000 ]

OTHER AMMUNITION

022 CAD/PAD, ALL TYPES ...................................................................... 6,549 6,549

023 DEMOLITION MUNITIONS, ALL TYPES ...................................... 27,904 27,904

024 GRENADES, ALL TYPES ................................................................. 37,437 37,437

025 SIGNALS, ALL TYPES ...................................................................... 7,530 7,530

026 SIMULATORS, ALL TYPES ............................................................. 8,350 8,350

027 REACTIVE ARMOR TILES ............................................................... 17,755 17,755

MISCELLANEOUS

028 AMMO COMPONENTS, ALL TYPES .............................................. 2,784 2,784

029 ITEMS LESS THAN $5 MILLION (AMMO) ................................... 17,797 17,797

030 AMMUNITION PECULIAR EQUIPMENT ...................................... 12,290 12,290

031 FIRST DESTINATION TRANSPORTATION (AMMO) .................. 4,331 4,331

032 CLOSEOUT LIABILITIES ................................................................ 99 99

PRODUCTION BASE SUPPORT

034 INDUSTRIAL FACILITIES ............................................................... 538,120 642,620

Army UFR—Demolition of Legacy Nitrate Esters (Nitroglycerin)

NG1 Facility, Radford Army Ammunition Plant (RFAAP), Vir-

ginia.

[40,000 ]

Army UFR—Environmental, Safety, Construction, Maintenance

and Repair of GOCO Facilities in VA, TN, MO, PA, & IA.

[40,000 ]

Army UFR—Pyrotechnics Energetic Capability (PEC) construc-

tion at Lake City Army Ammunition Plant (LCAAP), Missouri.

[12,000 ]

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135 STAT. 2249 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

Army UFR—Solvent Propellant Facility, Preliminary Design,

Radford Army Ammunition Plant, Virginia.

[12,500 ]

035 CONVENTIONAL MUNITIONS DEMILITARIZATION ................ 139,410 232,410

Program increase ................................................................................ [93,000 ]

036 ARMS INITIATIVE ............................................................................ 3,178 3,178

TOTAL PROCUREMENT OF AMMUNITION, ARMY ............. 2,158,110 2,455,910

OTHER PROCUREMENT, ARMY

TACTICAL VEHICLES

002 SEMITRAILERS, FLATBED: ............................................................ 12,539 18,931

Army UFR—M872 semitrailer .......................................................... [6,392 ]

003 SEMITRAILERS, TANKERS ............................................................ 17,985 17,985

004 HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................ 60,706 60,706

005 GROUND MOBILITY VEHICLES (GMV) ....................................... 29,807 37,307

Program increase—infantry squad vehicle ....................................... [7,500 ]

008 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL ........ 574,562 605,562

Army UFR—Additional JLTV fielding .............................................. [120,000 ]

Early to need ....................................................................................... [–89,000 ]

009 TRUCK, DUMP, 20T (CCE) .............................................................. 9,882 19,632

Program increase ................................................................................ [9,750 ]

010 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 36,885 61,885

Program increase ................................................................................ [25,000 ]

011 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE ........... 16,450 16,450

012 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............ 26,256 26,256

013 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 64,282 64,282

014 PLS ESP .............................................................................................. 16,943 16,943

015 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 109,000

Program increase ................................................................................ [109,000 ]

017 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 17,957 17,957

018 MODIFICATION OF IN SVC EQUIP .............................................. 29,349 212,650

HMMWV modifications ...................................................................... [183,301 ]

NON-TACTICAL VEHICLES

020 PASSENGER CARRYING VEHICLES ............................................ 1,232 1,232

021 NONTACTICAL VEHICLES, OTHER ............................................. 24,246 19,246

Excess carryover ................................................................................. [–5,000 ]

COMM—JOINT COMMUNICATIONS

022 SIGNAL MODERNIZATION PROGRAM ........................................ 140,036 142,536

Army UFR—Multi-Domain Task Force All-Domain Operations

Center cloud pilot.

[2,500 ]

023 TACTICAL NETWORK TECHNOLOGY MOD IN SVC ................. 436,524 429,024

Excess to need ..................................................................................... [–7,500 ]

025 DISASTER INCIDENT RESPONSE COMMS TERMINAL ........... 3,863 3,863

026 JCSE EQUIPMENT (USRDECOM) .................................................. 4,845 4,845

COMM—SATELLITE COMMUNICATIONS

029 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....... 97,369 97,369

030 TRANSPORTABLE TACTICAL COMMAND COMMUNICA-

TIONS.

120,550 120,550

031 SHF TERM .......................................................................................... 38,129 38,129

032 ASSURED POSITIONING, NAVIGATION AND TIMING ............. 115,291 112,791

Excess to need ..................................................................................... [–2,500 ]

033 SMART-T (SPACE) ............................................................................. 15,407 15,407

034 GLOBAL BRDCST SVC—GBS .......................................................... 2,763 2,763

COMM—C3 SYSTEM

037 COE TACTICAL SERVER INFRASTRUCTURE (TSI) ................... 99,858 99,858

COMM—COMBAT COMMUNICATIONS

038 HANDHELD MANPACK SMALL FORM FIT (HMS) .................... 775,069 730,069

Cost deviation ..................................................................................... [–5,000 ]

Single channel data radio program decrease ................................... [–35,000 ]

Support cost excess to need ............................................................... [–5,000 ]

040 ARMY LINK 16 SYSTEMS ............................................................... 17,749 17,749

042 UNIFIED COMMAND SUITE .......................................................... 17,984 17,984

043 COTS COMMUNICATIONS EQUIPMENT ..................................... 191,702 185,702

Unit cost growth ................................................................................. [–6,000 ]

044 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ..... 15,957 15,957

045 ARMY COMMUNICATIONS & ELECTRONICS ............................ 89,441 79,441

Insufficient justification ..................................................................... [–10,000 ]

COMM—INTELLIGENCE COMM

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135 STAT. 2250 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

047 CI AUTOMATION ARCHITECTURE-INTEL ................................. 13,317 13,317

048 DEFENSE MILITARY DECEPTION INITIATIVE ......................... 5,207 5,207

049 MULTI-DOMAIN INTELLIGENCE ................................................. 20,095 20,095

INFORMATION SECURITY

051 INFORMATION SYSTEM SECURITY PROGRAM-ISSP .............. 987 987

052 COMMUNICATIONS SECURITY (COMSEC) ................................ 126,273 126,273

053 DEFENSIVE CYBER OPERATIONS ............................................... 27,389 31,489

Army UFR—Cybersecurity / IT Network Mapping ......................... [4,100 ]

056 SIO CAPABILITY ............................................................................... 21,303 21,303

057 BIOMETRIC ENABLING CAPABILITY (BEC) .............................. 914 914

COMM—LONG HAUL COMMUNICATIONS

059 BASE SUPPORT COMMUNICATIONS ........................................... 9,209 24,209

Land mobile radios ............................................................................. [15,000 ]

COMM—BASE COMMUNICATIONS

060 INFORMATION SYSTEMS ............................................................... 219,026 219,026

061 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,875 4,875

064 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ... 223,001 225,041

EUCOM UFR—Mission Partner Environment ................................ [2,040 ]

ELECT EQUIP—TACT INT REL ACT (TIARA)

067 JTT/CIBS-M ........................................................................................ 5,463 5,463

068 TERRESTRIAL LAYER SYSTEMS (TLS) ....................................... 39,240 39,240

070 DCGS-A-INTEL .................................................................................. 92,613 119,563

Army UFR—Additional fixed node cloud servers ............................ [26,950 ]

071 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL ............. 8,088 8,088

072 TROJAN .............................................................................................. 30,828 30,828

073 MOD OF IN-SVC EQUIP (INTEL SPT) ........................................... 39,039 39,039

074 BIOMETRIC TACTICAL COLLECTION DEVICES ....................... 11,097 11,097

ELECT EQUIP—ELECTRONIC WARFARE (EW)

076 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................ 783 783

077 AIR VIGILANCE (AV) ....................................................................... 13,486 13,486

079 FAMILY OF PERSISTENT SURVEILLANCE CAP. ...................... 14,414 14,414

080 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 19,111 19,111

081 CI MODERNIZATION ....................................................................... 421 421

ELECT EQUIP—TACTICAL SURV. (TAC SURV)

082 SENTINEL MODS ............................................................................. 47,642 47,642

083 NIGHT VISION DEVICES ................................................................ 1,092,341 828,875

IVAS ahead of need ............................................................................ [–213,466 ]

Transfer to RDTE, Army line 98 ....................................................... [–50,000 ]

084 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 21,103 21,103

085 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 6,153 6,153

086 FAMILY OF WEAPON SIGHTS (FWS) ........................................... 184,145 184,145

087 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ... 2,371 2,371

088 FORWARD LOOKING INFRARED (IFLIR) .................................... 11,929 11,929

089 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) .. 60,058 60,058

090 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 263,661 259,661

Unit cost growth ................................................................................. [–4,000 ]

091 JOINT EFFECTS TARGETING SYSTEM (JETS) .......................... 62,082 62,082

093 COMPUTER BALLISTICS: LHMBC XM32 ..................................... 2,811 2,811

094 MORTAR FIRE CONTROL SYSTEM .............................................. 17,236 17,236

095 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS ............ 2,830 2,830

096 COUNTERFIRE RADARS ................................................................. 31,694 26,694

Excess to need ..................................................................................... [–5,000 ]

ELECT EQUIP—TACTICAL C2 SYSTEMS

097 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ... 49,410 49,410

098 FIRE SUPPORT C2 FAMILY ............................................................ 9,853 9,853

099 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 67,193 67,193

100 IAMD BATTLE COMMAND SYSTEM ............................................. 301,872 291,872

Excess costs previously funded .......................................................... [–10,000 ]

101 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................ 5,182 5,182

102 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 31,349 31,349

104 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ........... 11,271 11,271

105 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-

A).

16,077 16,077

107 MOD OF IN-SVC EQUIPMENT (ENFIRE) ..................................... 3,160 9,160

Program increase—land surveying systems ..................................... [6,000 ]

ELECT EQUIP—AUTOMATION

108 ARMY TRAINING MODERNIZATION ............................................ 9,833 9,833

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135 STAT. 2251 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

109 AUTOMATED DATA PROCESSING EQUIP .................................. 130,924 133,924

Army UFR—ATRRS unlimited data rights ...................................... [3,000 ]

110 ACCESSIONS INFORMATION ENVIRONMENT (AIE) ............... 44,635 39,635

Program decrease ............................................................................... [–5,000 ]

111 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM .... 1,452 1,452

112 HIGH PERF COMPUTING MOD PGM (HPCMP) .......................... 69,943 69,943

113 CONTRACT WRITING SYSTEM ...................................................... 16,957 16,957

114 CSS COMMUNICATIONS ................................................................. 73,110 73,110

115 RESERVE COMPONENT AUTOMATION SYS (RCAS) ................ 12,905 12,905

ELECT EQUIP—SUPPORT

117 BCT EMERGING TECHNOLOGIES ................................................ 13,835 13,835

CLASSIFIED PROGRAMS

9999 CLASSIFIED PROGRAMS ................................................................ 18,304 18,304

CHEMICAL DEFENSIVE EQUIPMENT

119 BASE DEFENSE SYSTEMS (BDS) .................................................. 62,295 62,295

120 CBRN DEFENSE ............................................................................... 55,632 55,632

BRIDGING EQUIPMENT

122 TACTICAL BRIDGING ...................................................................... 9,625 9,625

123 TACTICAL BRIDGE, FLOAT-RIBBON ........................................... 76,082 76,082

124 BRIDGE SUPPLEMENTAL SET ...................................................... 19,867 19,867

125 COMMON BRIDGE TRANSPORTER (CBT) RECAP ..................... 109,796 109,796

ENGINEER (NON-CONSTRUCTION) EQUIPMENT

126 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 5,628 5,628

128 HUSKY MOUNTED DETECTION SYSTEM (HMDS) ................... 26,823 75,123

Army UFR—Additional HMDS ......................................................... [48,300 ]

131 ROBOTICS AND APPLIQUE SYSTEMS ......................................... 124,233 134,233

Army UFR—Common Robotic System-Individual (CRS-I) ............. [10,000 ]

132 RENDER SAFE SETS KITS OUTFITS ............................................ 84,000 87,158

Army UFR—Additional render safe equipment ............................... [3,158 ]

COMBAT SERVICE SUPPORT EQUIPMENT

134 HEATERS AND ECU’S ...................................................................... 7,116 5,116

Contract delay ..................................................................................... [–2,000 ]

135 SOLDIER ENHANCEMENT ............................................................. 1,286 7,786

Program increase ................................................................................ [6,500 ]

136 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 9,741 9,741

137 GROUND SOLDIER SYSTEM .......................................................... 150,244 150,244

138 MOBILE SOLDIER POWER ............................................................. 17,815 17,815

139 FORCE PROVIDER ........................................................................... 28,860 28,860

140 FIELD FEEDING EQUIPMENT ...................................................... 2,321 2,321

141 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 40,240 40,240

142 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 36,163 36,163

PETROLEUM EQUIPMENT

144 QUALITY SURVEILLANCE EQUIPMENT .................................... 744 744

145 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 72,296 76,716

Army UFR—Modular Fuel System (MFS) ....................................... [4,420 ]

MEDICAL EQUIPMENT

146 COMBAT SUPPORT MEDICAL ....................................................... 122,145 122,145

MAINTENANCE EQUIPMENT

147 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 14,756 12,856

Excess carryover ................................................................................. [–1,900 ]

CONSTRUCTION EQUIPMENT

154 ALL TERRAIN CRANES ................................................................... 112,784 107,784

Cost savings ........................................................................................ [–5,000 ]

156 CONST EQUIP ESP ........................................................................... 8,694 8,694

RAIL FLOAT CONTAINERIZATION EQUIPMENT

158 ARMY WATERCRAFT ESP .............................................................. 44,409 58,009

Army UFR—Landing Craft Utility modernization .......................... [13,600 ]

159 MANEUVER SUPPORT VESSEL (MSV) ........................................ 76,660 76,660

GENERATORS

161 GENERATORS AND ASSOCIATED EQUIP ................................... 47,606 47,606

162 TACTICAL ELECTRIC POWER RECAPITALIZATION ................ 10,500 10,500

MATERIAL HANDLING EQUIPMENT

163 FAMILY OF FORKLIFTS .................................................................. 13,325 13,325

TRAINING EQUIPMENT

164 COMBAT TRAINING CENTERS SUPPORT ................................... 79,565 79,565

165 TRAINING DEVICES, NONSYSTEM .............................................. 174,644 174,644

166 SYNTHETIC TRAINING ENVIRONMENT (STE) .......................... 122,104 92,266

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135 STAT. 2252 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

RVCT ahead of need ........................................................................... [–29,838 ]

168 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .. 11,642 10,642

Excess carryover ................................................................................. [–1,000 ]

TEST MEASURE AND DIG EQUIPMENT (TMD)

170 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 42,934 42,934

172 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................... 24,304 24,304

OTHER SUPPORT EQUIPMENT

174 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 86,930 86,930

175 BASE LEVEL COMMON EQUIPMENT .......................................... 27,823 27,823

176 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................... 32,392 32,392

177 BUILDING, PRE-FAB, RELOCATABLE ......................................... 32,227 32,227

179 SPECIAL EQUIPMENT FOR TEST AND EVALUATION ............. 76,917 76,917

OPA2

180 INITIAL SPARES—C&E ................................................................... 9,272 9,272

TOTAL OTHER PROCUREMENT, ARMY ................................. 8,873,558 8,987,865

AIRCRAFT PROCUREMENT, NAVY

COMBAT AIRCRAFT

001 F/A–18E/F (FIGHTER) HORNET ..................................................... 87,832 977,161

Production line shutdown .................................................................. [–10,671 ]

Program increase—12 additional aircraft ......................................... [900,000 ]

003 JOINT STRIKE FIGHTER CV .......................................................... 2,111,009 2,060,757

Unit cost savings ................................................................................ [–50,252 ]

004 JOINT STRIKE FIGHTER CV .......................................................... 246,781 246,781

005 JSF STOVL ......................................................................................... 2,256,829 2,317,929

F–35 B PGSE & depot support—USMC UPL .................................. [128,800 ]

Target cost savings ............................................................................. [–67,700 ]

006 JSF STOVL ......................................................................................... 216,720 216,720

007 CH–53K (HEAVY LIFT) .................................................................... 1,286,296 1,503,126

Excess to need—pub/tech data .......................................................... [–14,782 ]

GFE electronics excess growth .......................................................... [–3,388 ]

Program increase—two additional aircraft ....................................... [250,000 ]

Unjustified growth—NRE production capacity ................................ [–15,000 ]

008 CH–53K (HEAVY LIFT) .................................................................... 182,871 182,871

009 V–22 (MEDIUM LIFT) ....................................................................... 751,716 1,500,516

Program increase—five additional MV–22 ....................................... [414,400 ]

Program increase—four additional CMV–22 .................................... [334,400 ]

011 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 939 939

013 P–8A POSEIDON ............................................................................... 44,595 384,595

Additional aircraft .............................................................................. [340,000 ]

014 E–2D ADV HAWKEYE ...................................................................... 766,788 957,788

Navy UFR—Additional E–2D ............................................................ [191,000 ]

015 E–2D ADV HAWKEYE ...................................................................... 118,095 118,095

TRAINER AIRCRAFT

016 ADVANCED HELICOPTER TRAINING SYSTEM ......................... 163,490 163,490

OTHER AIRCRAFT

017 KC–130J .............................................................................................. 520,787 947,187

Marine Corps UFR—KC–130J weapons system trainer ................. [31,500 ]

Marine Corps UFR—Replace KC–130J aircraft .............................. [197,900 ]

Two additional C–130J aircraft—Navy UPL .................................... [197,000 ]

018 KC–130J .............................................................................................. 68,088 68,088

021 MQ–4 TRITON .................................................................................... 160,151 483,151

Additional aircraft .............................................................................. [323,000 ]

023 MQ–8 UAV .......................................................................................... 49,249 49,249

024 STUASL0 UAV ................................................................................... 13,151 13,151

025 MQ–25 ................................................................................................. 47,468 47,468

027 MARINE GROUP 5 UAS ................................................................... 233,686 273,686

Marine Corps UFR—Additional aircraft .......................................... [40,000 ]

MODIFICATION OF AIRCRAFT

030 F–18 A-D UNIQUE ............................................................................ 163,095 244,595

F/A–18 aircraft structural life management (OSIP 11–99) inner

wing installation excess cost growth.

[–1,000 ]

Marine Corps UFR—F–18 ALR–67(V)5 radar warning receiver .... [55,000 ]

Marine Corps UFR—F–18C/D AESA radar upgrade ...................... [27,500 ]

031 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM ..... 482,899 482,899

032 MARINE GROUP 5 UAS SERIES .................................................... 1,982 1,982

033 AEA SYSTEMS ................................................................................... 23,296 20,221

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135 STAT. 2253 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

Excess support costs ........................................................................... [–3,075 ]

034 AV–8 SERIES ..................................................................................... 17,882 17,882

035 INFRARED SEARCH AND TRACK (IRST) ..................................... 138,827 120,377

Limit production growth .................................................................... [–18,450 ]

036 ADVERSARY ...................................................................................... 143,571 143,571

037 F–18 SERIES ...................................................................................... 327,571 327,571

038 H–53 SERIES ...................................................................................... 112,436 109,136

Excess to need ..................................................................................... [–3,300 ]

039 MH–60 SERIES .................................................................................. 94,794 94,794

040 H–1 SERIES ........................................................................................ 124,194 118,857

Excess to need ..................................................................................... [–5,337 ]

041 EP–3 SERIES ...................................................................................... 28,848 28,848

042 E–2 SERIES ........................................................................................ 204,826 199,991

Electronic support measures (OSIP 007–21) excess installation

costs.

[–1,800 ]

Electronic support measures (OSIP 007–21) previously funded ..... [–1,785 ]

NAVWAR A-kit installation (OSIP 011–19) previously funded ...... [–1,250 ]

043 TRAINER A/C SERIES ...................................................................... 7,849 7,849

044 C–2A .................................................................................................... 2,843 2,843

045 C–130 SERIES .................................................................................... 145,610 143,106

A and B kits (OSIP 019–14) unit cost growth .................................. [–2,504 ]

046 FEWSG ................................................................................................ 734 734

047 CARGO/TRANSPORT A/C SERIES .................................................. 10,682 10,682

048 E–6 SERIES ........................................................................................ 128,029 128,029

049 EXECUTIVE HELICOPTERS SERIES ............................................ 45,326 45,326

051 T–45 SERIES ...................................................................................... 158,772 158,772

052 POWER PLANT CHANGES .............................................................. 24,915 24,915

053 JPATS SERIES ................................................................................... 22,955 22,955

054 AVIATION LIFE SUPPORT MODS ................................................. 2,477 2,477

055 COMMON ECM EQUIPMENT ......................................................... 119,574 119,574

056 COMMON AVIONICS CHANGES .................................................... 118,839 118,839

057 COMMON DEFENSIVE WEAPON SYSTEM ................................. 5,476 5,476

058 ID SYSTEMS ...................................................................................... 13,154 13,154

059 P–8 SERIES ........................................................................................ 131,298 115,998

Program delays ................................................................................... [–15,300 ]

060 MAGTF EW FOR AVIATION ............................................................ 29,151 29,151

061 MQ–8 SERIES .................................................................................... 31,624 31,624

062 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 312,835 312,835

063 NEXT GENERATION JAMMER (NGJ) ........................................... 266,676 266,676

064 F–35 STOVL SERIES ........................................................................ 177,054 168,154

Block 4 B kits early to need ............................................................... [–8,900 ]

065 F–35 CV SERIES ................................................................................ 138,269 131,369

TR–3/B4 delay ..................................................................................... [–6,900 ]

066 QRC ..................................................................................................... 98,563 98,563

067 MQ–4 SERIES .................................................................................... 7,100 7,100

068 RQ–21 SERIES ................................................................................... 14,123 14,123

AIRCRAFT SPARES AND REPAIR PARTS

072 SPARES AND REPAIR PARTS ........................................................ 2,339,077 2,466,977

Marine Corps UFR—F–35B engine spares ...................................... [117,800 ]

Marine Corps UFR—KC–130J initial spares ................................... [7,000 ]

Marine Corps UFR—KC–130J weapons system trainer initial

spares.

[3,100 ]

AIRCRAFT SUPPORT EQUIP & FACILITIES

073 COMMON GROUND EQUIPMENT ................................................. 517,267 517,267

074 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 80,500 80,500

075 WAR CONSUMABLES ...................................................................... 42,496 42,496

076 OTHER PRODUCTION CHARGES .................................................. 21,374 21,374

077 SPECIAL SUPPORT EQUIPMENT ................................................. 271,774 271,774

TOTAL AIRCRAFT PROCUREMENT, NAVY ........................... 16,477,178 19,804,184

WEAPONS PROCUREMENT, NAVY

MODIFICATION OF MISSILES

001 TRIDENT II MODS ............................................................................ 1,144,446 1,144,446

SUPPORT EQUIPMENT & FACILITIES

002 MISSILE INDUSTRIAL FACILITIES .............................................. 7,319 7,319

STRATEGIC MISSILES

003 TOMAHAWK ...................................................................................... 124,513 138,140

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135 STAT. 2254 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

MK14 canisters previously funded .................................................... [–3,743 ]

Program increase—ten additional tomahawks ................................ [17,370 ]

TACTICAL MISSILES

005 SIDEWINDER .................................................................................... 86,366 82,788

Unit cost adjustment—AUR Block II ................................................ [–2,624 ]

Unit cost adjustment—CATM Block II ............................................. [–954 ]

006 STANDARD MISSILE ....................................................................... 521,814 521,814

007 STANDARD MISSILE ....................................................................... 45,357 45,357

008 JASSM ................................................................................................. 37,039 37,039

009 SMALL DIAMETER BOMB II .......................................................... 40,877 40,877

010 RAM ..................................................................................................... 92,981 73,015

Contract award delay ......................................................................... [–19,966 ]

011 JOINT AIR GROUND MISSILE (JAGM) ......................................... 49,702 49,702

012 HELLFIRE .......................................................................................... 7,557 7,557

013 AERIAL TARGETS ............................................................................ 150,339 150,339

014 DRONES AND DECOYS ................................................................... 30,321 30,321

015 OTHER MISSILE SUPPORT ............................................................ 3,474 3,474

016 LRASM ................................................................................................ 161,212 161,212

017 NAVAL STRIKE MISSILE (NSM) .................................................... 59,331 52,377

Program decrease ............................................................................... [–6,954 ]

MODIFICATION OF MISSILES

018 TOMAHAWK MODS .......................................................................... 206,233 206,233

019 ESSM ................................................................................................... 248,619 161,519

ESSM block 2 contract award delays ................................................ [–87,100 ]

021 AARGM ................................................................................................ 116,345 116,345

022 STANDARD MISSILES MODS ......................................................... 148,834 148,834

SUPPORT EQUIPMENT & FACILITIES

023 WEAPONS INDUSTRIAL FACILITIES .......................................... 1,819 1,819

ORDNANCE SUPPORT EQUIPMENT

026 ORDNANCE SUPPORT EQUIPMENT ............................................ 191,905 191,905

TORPEDOES AND RELATED EQUIP

027 SSTD .................................................................................................... 4,545 4,545

028 MK–48 TORPEDO .............................................................................. 159,107 172,477

Contract award delay ......................................................................... [–34,000 ]

Navy UFR—Heavyweight Torpedo (HWT) quantity increase ........ [50,000 ]

Program decrease ............................................................................... [–2,630 ]

029 ASW TARGETS .................................................................................. 13,630 13,630

MOD OF TORPEDOES AND RELATED EQUIP

030 MK–54 TORPEDO MODS ................................................................. 106,112 106,112

031 MK–48 TORPEDO ADCAP MODS ................................................... 35,680 35,680

032 MARITIME MINES ............................................................................ 8,567 8,567

SUPPORT EQUIPMENT

033 TORPEDO SUPPORT EQUIPMENT ............................................... 93,400 93,400

034 ASW RANGE SUPPORT ................................................................... 3,997 3,997

DESTINATION TRANSPORTATION

035 FIRST DESTINATION TRANSPORTATION .................................. 4,023 4,023

GUNS AND GUN MOUNTS

036 SMALL ARMS AND WEAPONS ....................................................... 14,909 14,909

MODIFICATION OF GUNS AND GUN MOUNTS

037 CIWS MODS ....................................................................................... 6,274 6,274

038 COAST GUARD WEAPONS .............................................................. 45,958 45,958

039 GUN MOUNT MODS ......................................................................... 68,775 68,775

040 LCS MODULE WEAPONS ................................................................ 2,121 2,121

041 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................... 14,822 14,822

SPARES AND REPAIR PARTS

043 SPARES AND REPAIR PARTS ........................................................ 162,382 166,682

Navy UFR—Maritime outfitting and interim spares ...................... [4,300 ]

TOTAL WEAPONS PROCUREMENT, NAVY ............................ 4,220,705 4,134,404

PROCUREMENT OF AMMO, NAVY & MC

NAVY AMMUNITION

001 GENERAL PURPOSE BOMBS ......................................................... 48,635 43,424

Excess to need—BLU–137 ................................................................. [–5,211 ]

002 JDAM ................................................................................................... 74,140 48,526

Contract award delay ......................................................................... [–25,614 ]

003 AIRBORNE ROCKETS, ALL TYPES ............................................... 75,383 75,383

004 MACHINE GUN AMMUNITION ...................................................... 11,215 11,215

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135 STAT. 2255 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

005 PRACTICE BOMBS ........................................................................... 52,225 52,225

006 CARTRIDGES & CART ACTUATED DEVICES ............................. 70,876 70,492

MK122 parachute deploy rocket unit cost overestimation .............. [–384 ]

007 AIR EXPENDABLE COUNTERMEASURES .................................. 61,600 57,069

IR decoys previously funded .............................................................. [–4,531 ]

008 JATOS ................................................................................................. 6,620 6,620

009 5 INCH/54 GUN AMMUNITION ...................................................... 28,922 27,923

Unit cost growth—5″/54 prop charge, full DA65 .............................. [–999 ]

010 INTERMEDIATE CALIBER GUN AMMUNITION ........................ 36,038 31,537

ALaMO contract award delay ............................................................ [–4,501 ]

011 OTHER SHIP GUN AMMUNITION ................................................ 39,070 39,070

012 SMALL ARMS & LANDING PARTY AMMO .................................. 45,493 44,195

NSW SMCA previously funded .......................................................... [–1,298 ]

013 PYROTECHNIC AND DEMOLITION .............................................. 9,163 9,163

015 AMMUNITION LESS THAN $5 MILLION ..................................... 1,575 1,575

MARINE CORPS AMMUNITION

016 MORTARS ........................................................................................... 50,707 50,707

017 DIRECT SUPPORT MUNITIONS .................................................... 120,037 118,157

Excess to need—20mm Carl Gustaf trainer system ........................ [–1,880 ]

018 INFANTRY WEAPONS AMMUNITION .......................................... 94,001 63,259

Excess to need—BA54 & BA55 termination .................................... [–30,742 ]

019 COMBAT SUPPORT MUNITIONS .................................................. 35,247 35,247

020 AMMO MODERNIZATION ............................................................... 16,267 16,267

021 ARTILLERY MUNITIONS ................................................................ 105,669 95,169

Contract delay ..................................................................................... [–10,500 ]

022 ITEMS LESS THAN $5 MILLION ................................................... 5,135 5,135

TOTAL PROCUREMENT OF AMMO, NAVY & MC ................. 988,018 902,358

SHIPBUILDING AND CONVERSION, NAVY

FLEET BALLISTIC MISSILE SHIPS

001 OHIO REPLACEMENT SUBMARINE ............................................. 3,003,000 3,003,000

002 OHIO REPLACEMENT SUBMARINE AP ...................................... 1,643,980 1,773,980

Program increase—submarine supplier development ..................... [130,000 ]

OTHER WARSHIPS

003 CARRIER REPLACEMENT PROGRAM .......................................... 1,068,705 1,062,205

Program decrease ............................................................................... [–6,500 ]

004 CVN–81 ............................................................................................... 1,299,764 1,287,719

Program decrease ............................................................................... [–12,045 ]

005 VIRGINIA CLASS SUBMARINE ...................................................... 4,249,240 4,449,240

Industrial base expansion .................................................................. [200,000 ]

006 VIRGINIA CLASS SUBMARINE AP ............................................... 2,120,407 2,105,407

Program adjustment ........................................................................... [–15,000 ]

007 CVN REFUELING OVERHAULS .................................................... 2,456,018 2,436,018

Excess growth ..................................................................................... [–20,000 ]

008 CVN REFUELING OVERHAULS .................................................... 66,262 66,262

009 DDG 1000 ............................................................................................ 56,597 56,597

010 DDG–51 ............................................................................................... 2,016,787 4,929,073

Change order excessive cost growth .................................................. [–11,651 ]

Electronics excessive cost growth ...................................................... [–35,500 ]

Plans cost excessive cost growth ....................................................... [–47,000 ]

Program decrease ............................................................................... [–20,463 ]

Termination liability not required .................................................... [–33,000 ]

Two additional ships .......................................................................... [3,059,900 ]

011 DDG–51 AP ......................................................................................... 120,000

Program increase—Advance procurement for DDG–51 .................. [120,000 ]

013 FFG-FRIGATE .................................................................................... 1,087,900 1,087,900

014 FFG-FRIGATE .................................................................................... 69,100 69,100

AMPHIBIOUS SHIPS

015 LPD FLIGHT II .................................................................................. 60,636 60,636

016 LPD FLIGHT II AP ............................................................................ 250,000

Program increase ................................................................................ [250,000 ]

019 LHA REPLACEMENT ....................................................................... 68,637 168,637

Program increase ................................................................................ [100,000 ]

020 EXPEDITIONARY FAST TRANSPORT (EPF) ................................ 540,000

Two additional ships .......................................................................... [540,000 ]

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST

021 TAO FLEET OILER ........................................................................... 668,184 1,336,384

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135 STAT. 2256 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

One additional ship ............................................................................ [668,200 ]

022 TAO FLEET OILER AP ..................................................................... 76,012 0

Unjustified request ............................................................................. [–76,012 ]

023 TAGOS SURTASS SHIPS .................................................................. 434,384 434,384

024 TOWING, SALVAGE, AND RESCUE SHIP (ATS) ......................... 183,800 183,800

025 LCU 1700 ............................................................................................ 67,928 67,928

026 OUTFITTING ...................................................................................... 655,707 622,926

Outfitting early to need ...................................................................... [–32,781 ]

027 SHIP TO SHORE CONNECTOR ...................................................... 156,738 286,738

Ship to shore connector ...................................................................... [130,000 ]

028 SERVICE CRAFT ............................................................................... 67,866 67,866

029 LCAC SLEP ........................................................................................ 32,712 32,712

030 AUXILIARY VESSELS (USED SEALIFT) ....................................... 299,900 120,000

Program reduction .............................................................................. [–179,900 ]

031 COMPLETION OF PY SHIPBUILDING PROGRAMS ................... 660,795 660,795

TOTAL SHIPBUILDING AND CONVERSION, NAVY ............. 22,571,059 27,279,307

OTHER PROCUREMENT, NAVY

SHIP PROPULSION EQUIPMENT

001 SURFACE POWER EQUIPMENT .................................................... 41,414 41,414

GENERATORS

002 SURFACE COMBATANT HM&E ..................................................... 83,746 83,746

NAVIGATION EQUIPMENT

003 OTHER NAVIGATION EQUIPMENT .............................................. 72,300 72,300

OTHER SHIPBOARD EQUIPMENT

004 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ............. 234,932 234,932

005 DDG MOD ........................................................................................... 583,136 583,136

006 FIREFIGHTING EQUIPMENT ........................................................ 15,040 15,040

007 COMMAND AND CONTROL SWITCHBOARD .............................. 2,194 2,194

008 LHA/LHD MIDLIFE ........................................................................... 133,627 120,854

Program decrease ............................................................................... [–12,773 ]

009 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM ..................... 4,387 4,387

010 POLLUTION CONTROL EQUIPMENT ........................................... 18,159 18,159

011 SUBMARINE SUPPORT EQUIPMENT .......................................... 88,284 98,284

Spare Seawolf-class bow dome .......................................................... [10,000 ]

012 VIRGINIA CLASS SUPPORT EQUIPMENT ................................... 22,669 22,669

013 LCS CLASS SUPPORT EQUIPMENT ............................................. 9,640 9,640

014 SUBMARINE BATTERIES ............................................................... 21,834 21,834

015 LPD CLASS SUPPORT EQUIPMENT ............................................. 34,292 29,478

Program decrease ............................................................................... [–4,814 ]

016 DDG 1000 CLASS SUPPORT EQUIPMENT ................................... 126,107 111,761

Program decrease ............................................................................... [–14,346 ]

017 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 12,256 12,256

018 DSSP EQUIPMENT ........................................................................... 10,682 10,682

019 CG MODERNIZATION ...................................................................... 156,951 156,951

020 LCAC ................................................................................................... 21,314 21,314

021 UNDERWATER EOD EQUIPMENT ................................................ 24,146 24,146

022 ITEMS LESS THAN $5 MILLION ................................................... 84,789 84,789

023 CHEMICAL WARFARE DETECTORS ............................................ 2,997 2,997

REACTOR PLANT EQUIPMENT

025 SHIP MAINTENANCE, REPAIR AND MODERNIZATION .......... 1,307,651 1,475,051

Navy UFR—A–120 availability ......................................................... [167,400 ]

026 REACTOR POWER UNITS ............................................................... 3,270 3,270

027 REACTOR COMPONENTS ............................................................... 438,729 438,729

OCEAN ENGINEERING

028 DIVING AND SALVAGE EQUIPMENT .......................................... 10,772 10,772

SMALL BOATS

029 STANDARD BOATS ........................................................................... 58,770 58,770

PRODUCTION FACILITIES EQUIPMENT

030 OPERATING FORCES IPE ............................................................... 168,822 150,822

Program decrease ............................................................................... [–18,000 ]

OTHER SHIP SUPPORT

031 LCS COMMON MISSION MODULES EQUIPMENT .................... 74,231 74,231

032 LCS MCM MISSION MODULES ..................................................... 40,630 30,119

Program decrease ............................................................................... [–10,511 ]

033 LCS ASW MISSION MODULES ...................................................... 1,565 1,565

034 LCS SUW MISSION MODULES ...................................................... 3,395 3,395

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135 STAT. 2257 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

035 LCS IN-SERVICE MODERNIZATION ............................................. 122,591 122,591

036 SMALL & MEDIUM UUV ................................................................. 32,534 32,534

SHIP SONARS

038 SPQ–9B RADAR ................................................................................. 15,927 15,927

039 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................. 131,829 126,871

Program decrease ............................................................................... [–4,958 ]

040 SSN ACOUSTIC EQUIPMENT ........................................................ 379,850 360,898

Virginia class technical insertion kits previously funded ............... [–18,952 ]

041 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................ 13,965 13,965

ASW ELECTRONIC EQUIPMENT

042 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................ 24,578 24,578

043 SSTD .................................................................................................... 11,010 11,010

044 FIXED SURVEILLANCE SYSTEM .................................................. 363,651 363,651

045 SURTASS ............................................................................................ 67,500 67,500

ELECTRONIC WARFARE EQUIPMENT

046 AN/SLQ–32 .......................................................................................... 370,559 370,559

RECONNAISSANCE EQUIPMENT

047 SHIPBOARD IW EXPLOIT ............................................................... 261,735 261,735

048 AUTOMATED IDENTIFICATION SYSTEM (AIS) ......................... 3,777 3,777

OTHER SHIP ELECTRONIC EQUIPMENT

049 COOPERATIVE ENGAGEMENT CAPABILITY ............................. 24,641 46,924

Navy UFR—Accelerate Naval Tactical Grid Development for

Joint All-Domain Command and Control (JADC2).

[8,983 ]

Navy UFR—Maritime outfitting and interim spares ...................... [13,300 ]

050 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ... 14,439 14,439

051 ATDLS ................................................................................................. 101,595 101,595

052 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ................. 3,535 3,535

053 MINESWEEPING SYSTEM REPLACEMENT ................................ 15,640 15,640

054 SHALLOW WATER MCM ................................................................. 5,610 5,610

055 NAVSTAR GPS RECEIVERS (SPACE) ............................................ 33,097 33,097

056 AMERICAN FORCES RADIO AND TV SERVICE ......................... 2,513 2,513

057 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 4,823 4,823

AVIATION ELECTRONIC EQUIPMENT

058 ASHORE ATC EQUIPMENT ............................................................ 83,464 83,464

059 AFLOAT ATC EQUIPMENT ............................................................. 67,055 67,055

060 ID SYSTEMS ...................................................................................... 46,918 46,918

061 JOINT PRECISION APPROACH AND LANDING SYSTEM ( ...... 35,386 35,386

062 NAVAL MISSION PLANNING SYSTEMS ...................................... 17,951 17,951

OTHER SHORE ELECTRONIC EQUIPMENT

063 MARITIME INTEGRATED BROADCAST SYSTEM ...................... 2,360 2,360

064 TACTICAL/MOBILE C4I SYSTEMS ................................................ 18,919 18,919

065 DCGS-N ............................................................................................... 16,691 16,691

066 CANES ................................................................................................. 412,002 441,002

Navy UFR—Resilient Communications PNT for Combat Logistics

Fleet (CLF).

[29,000 ]

067 RADIAC ............................................................................................... 9,074 9,074

068 CANES-INTELL ................................................................................. 51,593 51,593

069 GPETE ................................................................................................. 23,930 23,930

070 MASF ................................................................................................... 8,795 8,795

071 INTEG COMBAT SYSTEM TEST FACILITY ................................. 5,829 5,829

072 EMI CONTROL INSTRUMENTATION ........................................... 3,925 3,925

073 ITEMS LESS THAN $5 MILLION ................................................... 156,042 156,042

SHIPBOARD COMMUNICATIONS

074 SHIPBOARD TACTICAL COMMUNICATIONS ............................. 43,212 43,212

075 SHIP COMMUNICATIONS AUTOMATION ................................... 90,724 90,724

076 COMMUNICATIONS ITEMS UNDER $5M .................................... 44,447 44,447

SUBMARINE COMMUNICATIONS

077 SUBMARINE BROADCAST SUPPORT ........................................... 47,579 47,579

078 SUBMARINE COMMUNICATION EQUIPMENT .......................... 64,642 64,642

SATELLITE COMMUNICATIONS

079 SATELLITE COMMUNICATIONS SYSTEMS ................................ 38,636 38,636

080 NAVY MULTIBAND TERMINAL (NMT) ........................................ 34,723 34,723

SHORE COMMUNICATIONS

081 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 2,651 2,651

CRYPTOGRAPHIC EQUIPMENT

082 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................ 146,879 146,879

083 MIO INTEL EXPLOITATION TEAM ............................................... 977 977

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135 STAT. 2258 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

CRYPTOLOGIC EQUIPMENT

084 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 17,809 17,809

OTHER ELECTRONIC SUPPORT

092 COAST GUARD EQUIPMENT ......................................................... 63,214 63,214

SONOBUOYS

094 SONOBUOYS—ALL TYPES ............................................................. 249,121 303,521

Navy UFR—Additional sonobuoys .................................................... [54,400 ]

AIRCRAFT SUPPORT EQUIPMENT

095 MINOTAUR ........................................................................................ 4,963 4,963

096 WEAPONS RANGE SUPPORT EQUIPMENT ................................ 98,898 98,898

097 AIRCRAFT SUPPORT EQUIPMENT ............................................... 178,647 178,647

098 ADVANCED ARRESTING GEAR (AAG) ......................................... 22,265 22,265

099 METEOROLOGICAL EQUIPMENT ................................................. 13,687 13,687

100 LEGACY AIRBORNE MCM .............................................................. 4,446 4,446

101 LAMPS EQUIPMENT ........................................................................ 1,470 1,470

102 AVIATION SUPPORT EQUIPMENT ............................................... 70,665 70,665

103 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL ... 86,584 86,584

SHIP GUN SYSTEM EQUIPMENT

104 SHIP GUN SYSTEMS EQUIPMENT ............................................... 5,536 5,536

SHIP MISSILE SYSTEMS EQUIPMENT

105 HARPOON SUPPORT EQUIPMENT ............................................... 204 204

106 SHIP MISSILE SUPPORT EQUIPMENT ........................................ 237,987 237,987

107 TOMAHAWK SUPPORT EQUIPMENT ........................................... 88,726 88,726

FBM SUPPORT EQUIPMENT

108 STRATEGIC MISSILE SYSTEMS EQUIP ...................................... 281,259 281,259

ASW SUPPORT EQUIPMENT

109 SSN COMBAT CONTROL SYSTEMS .............................................. 143,289 143,289

110 ASW SUPPORT EQUIPMENT ......................................................... 30,595 30,595

OTHER ORDNANCE SUPPORT EQUIPMENT

111 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 1,721 1,721

112 ITEMS LESS THAN $5 MILLION ................................................... 8,746 8,746

OTHER EXPENDABLE ORDNANCE

113 ANTI-SHIP MISSILE DECOY SYSTEM .......................................... 76,994 76,994

114 SUBMARINE TRAINING DEVICE MODS ..................................... 75,813 75,813

115 SURFACE TRAINING EQUIPMENT .............................................. 127,814 127,814

CIVIL ENGINEERING SUPPORT EQUIPMENT

116 PASSENGER CARRYING VEHICLES ............................................ 4,140 4,140

117 GENERAL PURPOSE TRUCKS ....................................................... 2,805 2,805

118 CONSTRUCTION & MAINTENANCE EQUIP ............................... 48,403 46,403

Excess carryover ................................................................................. [–2,000 ]

119 FIRE FIGHTING EQUIPMENT ....................................................... 15,084 15,084

120 TACTICAL VEHICLES ...................................................................... 27,400 27,400

121 POLLUTION CONTROL EQUIPMENT ........................................... 2,607 2,607

122 ITEMS LESS THAN $5 MILLION ................................................... 51,963 51,963

123 PHYSICAL SECURITY VEHICLES ................................................. 1,165 1,165

SUPPLY SUPPORT EQUIPMENT

124 SUPPLY EQUIPMENT ...................................................................... 24,698 24,698

125 FIRST DESTINATION TRANSPORTATION .................................. 5,385 5,385

126 SPECIAL PURPOSE SUPPLY SYSTEMS ....................................... 660,750 660,750

TRAINING DEVICES

127 TRAINING SUPPORT EQUIPMENT ............................................... 3,465 3,465

128 TRAINING AND EDUCATION EQUIPMENT ................................ 60,114 60,114

COMMAND SUPPORT EQUIPMENT

129 COMMAND SUPPORT EQUIPMENT ............................................. 31,007 31,007

130 MEDICAL SUPPORT EQUIPMENT ................................................ 7,346 14,346

Navy UFR—Expeditionary medical readiness ................................. [7,000 ]

132 NAVAL MIP SUPPORT EQUIPMENT ............................................ 2,887 2,887

133 OPERATING FORCES SUPPORT EQUIPMENT ........................... 12,815 12,815

134 C4ISR EQUIPMENT .......................................................................... 6,324 6,324

135 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 25,098 25,098

136 PHYSICAL SECURITY EQUIPMENT ............................................. 110,647 107,471

Program decrease ............................................................................... [–3,176 ]

137 ENTERPRISE INFORMATION TECHNOLOGY ............................ 31,709 31,709

OTHER

141 NEXT GENERATION ENTERPRISE SERVICE ............................. 41 41

142 CYBERSPACE ACTIVITIES ............................................................. 12,859 12,859

CLASSIFIED PROGRAMS

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135 STAT. 2259 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

9999 CLASSIFIED PROGRAMS ................................................................ 19,808 19,808

SPARES AND REPAIR PARTS

143 SPARES AND REPAIR PARTS ........................................................ 424,405 517,105

Navy UFR—Maritime outfitting and interim spares ...................... [92,700 ]

TOTAL OTHER PROCUREMENT, NAVY .................................. 10,875,912 11,169,165

PROCUREMENT, MARINE CORPS

TRACKED COMBAT VEHICLES

001 AAV7A1 PIP ........................................................................................ 36,836 36,836

002 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES ..... 532,355 532,355

003 LAV PIP .............................................................................................. 23,476 23,476

ARTILLERY AND OTHER WEAPONS

004 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 32 32

005 ARTILLERY WEAPONS SYSTEM ................................................... 67,548 221,347

Marine Corps UFR—Ground-launched anti-ship missiles .............. [57,799 ]

Marine Corps UFR—Ground-launched long range fires ................. [96,000 ]

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 35,402 35,402

GUIDED MISSILES

008 GROUND BASED AIR DEFENSE ................................................... 9,349 9,349

009 ANTI-ARMOR MISSILE-JAVELIN .................................................. 937 937

010 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ............ 20,481 20,481

011 ANTI-ARMOR MISSILE-TOW .......................................................... 14,359 12,359

Unit cost growth ................................................................................. [–2,000 ]

012 GUIDED MLRS ROCKET (GMLRS) ................................................ 98,299 98,299

COMMAND AND CONTROL SYSTEMS

013 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 18,247 18,247

REPAIR AND TEST EQUIPMENT

014 REPAIR AND TEST EQUIPMENT .................................................. 33,554 33,554

OTHER SUPPORT (TEL)

015 MODIFICATION KITS ...................................................................... 167 167

COMMAND AND CONTROL SYSTEM (NON-TEL)

016 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 64,879 130,779

Marine Corps UFR—Fly-Away Broadcast System .......................... [9,000 ]

Marine Corps UFR—INOD Block III long-range sight ................... [16,900 ]

Marine Corps UFR—Squad binocular night vision goggle ............. [40,000 ]

017 AIR OPERATIONS C2 SYSTEMS .................................................... 1,291 1,291

RADAR + EQUIPMENT (NON-TEL)

019 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .................... 297,369 645,369

Marine Corps UFR—Additional G/ATOR units ............................... [304,000 ]

Marine Corps UFR—Additional radar retrofit kits and FRP sys-

tems.

[44,000 ]

INTELL/COMM EQUIPMENT (NON-TEL)

020 GCSS-MC ............................................................................................ 604 604

021 FIRE SUPPORT SYSTEM ................................................................. 39,810 39,810

022 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 67,309 72,860

Marine Corps UFR—SCINet equipment .......................................... [5,551 ]

024 UNMANNED AIR SYSTEMS (INTEL) ............................................ 24,299 24,299

025 DCGS-MC ............................................................................................ 28,633 28,633

026 UAS PAYLOADS ................................................................................ 3,730 3,730

OTHER SUPPORT (NON-TEL)

029 NEXT GENERATION ENTERPRISE NETWORK (NGEN) ........... 97,060 97,060

030 COMMON COMPUTER RESOURCES ............................................ 83,606 79,606

Training and education headquarters support unjustified request [–2,000 ]

Wargaming hardware early to need .................................................. [–2,000 ]

031 COMMAND POST SYSTEMS ........................................................... 53,708 39,708

NOTM refresh early to need .............................................................. [–14,000 ]

032 RADIO SYSTEMS .............................................................................. 468,678 444,678

TCM ground radios sparing previously funded ................................ [–10,000 ]

Unjustified request ............................................................................. [–14,000 ]

033 COMM SWITCHING & CONTROL SYSTEMS ............................... 49,600 43,600

Excess growth ..................................................................................... [–6,000 ]

034 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 110,835 116,635

Excess growth ..................................................................................... [–10,000 ]

Marine Corps UFR—Base telecommunications equipment up-

grades.

[15,800 ]

035 CYBERSPACE ACTIVITIES ............................................................. 25,377 46,577

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135 STAT. 2260 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

Marine Corps UFR—Defensive Cyber Ops-Internal Defensive

Measures suites.

[21,200 ]

CLASSIFIED PROGRAMS

9999 CLASSIFIED PROGRAMS ................................................................ 4,034 4,034

ADMINISTRATIVE VEHICLES

038 COMMERCIAL CARGO VEHICLES ................................................ 17,848 17,848

TACTICAL VEHICLES

039 MOTOR TRANSPORT MODIFICATIONS ....................................... 23,363 21,924

Excess growth ..................................................................................... [–1,439 ]

040 JOINT LIGHT TACTICAL VEHICLE .............................................. 322,013 322,013

042 TRAILERS ........................................................................................... 9,876 9,876

ENGINEER AND OTHER EQUIPMENT

044 TACTICAL FUEL SYSTEMS ............................................................ 2,161 2,161

045 POWER EQUIPMENT ASSORTED ................................................. 26,625 18,955

Intelligent power distribution previously funded ............................. [–7,670 ]

046 AMPHIBIOUS SUPPORT EQUIPMENT ......................................... 17,119 15,909

Excess carryover ................................................................................. [–1,210 ]

047 EOD SYSTEMS .................................................................................. 94,472 107,672

Marine Corps UFR—BCWD/UnSAT/Explosive Hazard Defeat

Systems.

[7,800 ]

Marine Corps UFR—ENFIRE/Explosive Hazard Defeat Systems [5,400 ]

MATERIALS HANDLING EQUIPMENT

048 PHYSICAL SECURITY EQUIPMENT ............................................. 84,513 84,513

GENERAL PROPERTY

049 FIELD MEDICAL EQUIPMENT ...................................................... 8,105 8,105

050 TRAINING DEVICES ........................................................................ 37,814 35,211

CACCTUS lap equipment previously funded ................................... [–2,603 ]

051 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 34,658 50,458

Marine Corps UFR—All-terrain crane .............................................. [10,800 ]

Marine Corps UFR—Rough terrain container handler ................... [5,000 ]

052 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) ............................... 15,439 15,439

OTHER SUPPORT

053 ITEMS LESS THAN $5 MILLION ................................................... 4,402 15,002

Marine Corps UFR—Lightweight water purification system ......... [10,600 ]

SPARES AND REPAIR PARTS

054 SPARES AND REPAIR PARTS ........................................................ 32,819 32,819

TOTAL PROCUREMENT, MARINE CORPS ............................. 3,043,091 3,620,019

AIRCRAFT PROCUREMENT, AIR FORCE

STRATEGIC OFFENSIVE

001 B–21 RAIDER ..................................................................................... 108,027 108,027

TACTICAL FORCES

002 F–35 ..................................................................................................... 4,167,604 4,392,604

Air Force UFR—F–35 power modules .............................................. [175,000 ]

USG depot acceleration ...................................................................... [50,000 ]

003 F–35 ..................................................................................................... 352,632 352,632

005 F–15EX ................................................................................................ 1,186,903 1,762,903

Air Force UFR—Additional aircraft, spares, support equipment ... [576,000 ]

006 F–15EX ................................................................................................ 147,919 147,919

TACTICAL AIRLIFT

007 KC–46A MDAP ................................................................................... 2,380,315 2,315,315

Excess growth ..................................................................................... [–65,000 ]

OTHER AIRLIFT

008 C–130J ................................................................................................. 128,896 128,896

009 MC–130J ............................................................................................. 220,049 220,049

UPT TRAINERS

011 ADVANCED TRAINER REPLACEMENT T-X ................................ 10,397 0

Procurement funds ahead of need ..................................................... [–10,397 ]

HELICOPTERS

012 MH–139A ............................................................................................. 75,000

Program increase ................................................................................ [75,000 ]

013 COMBAT RESCUE HELICOPTER .................................................. 792,221 792,221

MISSION SUPPORT AIRCRAFT

016 CIVIL AIR PATROL A/C ................................................................... 2,813 11,400

Program increase ................................................................................ [8,587 ]

OTHER AIRCRAFT

017 TARGET DRONES ............................................................................. 116,169 116,169

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135 STAT. 2261 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

019 E–11 BACN/HAG ................................................................................ 124,435 124,435

021 MQ–9 ................................................................................................... 3,288 78,567

Program increase—four aircraft ........................................................ [75,279 ]

STRATEGIC AIRCRAFT

023 B–2A .................................................................................................... 29,944 29,944

024 B–1B .................................................................................................... 30,518 27,406

Radio crypto mod ahead of need ........................................................ [–3,112 ]

025 B–52 ..................................................................................................... 82,820 82,820

026 COMBAT RESCUE HELICOPTER .................................................. 61,191 45,891

Early to need—contract delay ........................................................... [–15,300 ]

027 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 57,001 57,001

TACTICAL AIRCRAFT

028 A–10 ..................................................................................................... 83,621 83,621

029 E–11 BACN/HAG ................................................................................ 68,955 68,955

030 F–15 ..................................................................................................... 234,340 232,457

F–15E MIDS-JTRS installs excess to need ...................................... [–1,883 ]

031 F–16 ..................................................................................................... 613,166 733,166

F–16 AESAs ........................................................................................ [100,000 ]

Program increase—HUD upgrade ..................................................... [20,000 ]

032 F–22A .................................................................................................. 424,722 384,722

Program decrease ............................................................................... [–40,000 ]

033 F–35 MODIFICATIONS ..................................................................... 304,135 1,388,935

F–35 upgrades to Block 4 ................................................................... [1,100,000 ]

TR–3/B4 delay ..................................................................................... [–15,200 ]

034 F–15 EPAW ......................................................................................... 149,797 149,797

036 KC–46A MDAP ................................................................................... 1,984 1,984

AIRLIFT AIRCRAFT

037 C–5 ....................................................................................................... 25,431 25,431

038 C–17A .................................................................................................. 59,570 59,570

040 C–32A .................................................................................................. 1,949 1,949

041 C–37A .................................................................................................. 5,984 5,984

TRAINER AIRCRAFT

042 GLIDER MODS .................................................................................. 142 142

043 T–6 ....................................................................................................... 8,735 8,735

044 T–1 ....................................................................................................... 3,872 872

Excess to need ..................................................................................... [–3,000 ]

045 T–38 ..................................................................................................... 49,851 49,851

OTHER AIRCRAFT

046 U–2 MODS .......................................................................................... 126,809 126,809

047 KC–10A (ATCA) .................................................................................. 1,902 1,902

049 VC–25A MOD ...................................................................................... 96 96

050 C–40 ..................................................................................................... 262 262

051 C–130 ................................................................................................... 29,071 169,771

Program increase—eight blade propeller upgrade ........................... [75,700 ]

Program increase—engine enhancement program .......................... [50,000 ]

Program increase—modular airborne firefighting system .............. [15,000 ]

052 C–130J MODS .................................................................................... 110,784 110,784

053 C–135 ................................................................................................... 61,376 61,376

054 COMPASS CALL ................................................................................ 195,098 270,098

Air Force UFR—Additional spare engines ....................................... [75,000 ]

056 RC–135 ................................................................................................ 207,596 207,596

057 E–3 ....................................................................................................... 109,855 109,855

058 E–4 ....................................................................................................... 19,081 19,081

059 E–8 ....................................................................................................... 16,312 43,312

Program increase—CDL ..................................................................... [27,000 ]

060 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 .......... 30,327 26,627

Block 40/45 carryover ......................................................................... [–3,700 ]

062 H–1 ....................................................................................................... 1,533 1,533

063 H–60 ..................................................................................................... 13,709 32,709

OLR mod early to need ...................................................................... [–1,000 ]

Restore degraded visual environment ............................................... [20,000 ]

064 RQ–4 MODS ........................................................................................ 3,205 3,205

065 HC/MC–130 MODIFICATIONS ........................................................ 150,263 148,815

Communications modernization phase 1 NRE ahead of need ........ [–1,448 ]

066 OTHER AIRCRAFT ............................................................................ 54,828 54,828

067 MQ–9 MODS ....................................................................................... 144,287 144,287

068 MQ–9 UAS PAYLOADS ..................................................................... 40,800 40,800

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135 STAT. 2262 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

069 SENIOR LEADER C3, SYSTEM—AIRCRAFT ................................ 23,554 23,554

070 CV–22 MODS ...................................................................................... 158,162 240,562

SOCOM UFR—CV–22 reliability acceleration ................................. [82,400 ]

AIRCRAFT SPARES AND REPAIR PARTS

071 INITIAL SPARES/REPAIR PARTS .................................................. 915,710 915,710

COMMON SUPPORT EQUIPMENT

072 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 138,761 138,761

POST PRODUCTION SUPPORT

073 B–2A .................................................................................................... 1,651 1,651

074 B–2B .................................................................................................... 38,811 38,811

075 B–52 ..................................................................................................... 5,602 5,602

078 F–15 ..................................................................................................... 2,324 2,324

079 F–16 ..................................................................................................... 10,456 10,456

081 RQ–4 POST PRODUCTION CHARGES .......................................... 24,592 24,592

INDUSTRIAL PREPAREDNESS

082 INDUSTRIAL RESPONSIVENESS .................................................. 18,110 18,110

WAR CONSUMABLES

083 WAR CONSUMABLES ...................................................................... 35,866 35,866

OTHER PRODUCTION CHARGES

084 OTHER PRODUCTION CHARGES .................................................. 979,388 1,019,388

Classified modifications—program increase ..................................... [40,000 ]

CLASSIFIED PROGRAMS

9999 CLASSIFIED PROGRAMS ................................................................ 18,092 18,092

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ................ 15,727,669 18,132,595

MISSILE PROCUREMENT, AIR FORCE

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC

001 MISSILE REPLACEMENT EQ-BALLISTIC ................................... 57,793 57,793

BALLISTIC MISSILES

002 GROUND BASED STRATEGIC DETERRENT ............................... 8,895 8,895

TACTICAL

003 REPLAC EQUIP & WAR CONSUMABLES .................................... 7,681 7,681

004 AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON ...... 160,850 116,850

Procurement early to need ................................................................. [–44,000 ]

006 JOINT AIR-SURFACE STANDOFF MISSILE ................................ 710,550 660,550

Program decrease ............................................................................... [–50,000 ]

008 SIDEWINDER (AIM–9X) ................................................................... 107,587 107,587

009 AMRAAM ............................................................................................ 214,002 214,002

010 PREDATOR HELLFIRE MISSILE ................................................... 103,684 103,684

011 SMALL DIAMETER BOMB .............................................................. 82,819 82,819

012 SMALL DIAMETER BOMB II .......................................................... 294,649 294,649

INDUSTRIAL FACILITIES

013 INDUSTR’L PREPAREDNS/POL PREVENTION ........................... 757 757

CLASS IV

015 ICBM FUZE MOD .............................................................................. 53,013 65,263

Realignment of funds ......................................................................... [12,250 ]

016 ICBM FUZE MOD AP ........................................................................ 47,757 35,507

Realignment of funds ......................................................................... [–12,250 ]

017 MM III MODIFICATIONS ................................................................. 88,579 88,579

019 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................... 46,799 46,799

MISSILE SPARES AND REPAIR PARTS

020 MSL SPRS/REPAIR PARTS (INITIAL) ............................................ 16,212 16,212

021 MSL SPRS/REPAIR PARTS (REPLEN) ........................................... 63,547 63,547

022 INITIAL SPARES/REPAIR PARTS .................................................. 4,045 4,045

SPECIAL PROGRAMS

027 SPECIAL UPDATE PROGRAMS ...................................................... 30,352 30,352

CLASSIFIED PROGRAMS

9999 CLASSIFIED PROGRAMS ................................................................ 570,240 570,240

TOTAL MISSILE PROCUREMENT, AIR FORCE .................... 2,669,811 2,575,811

PROCUREMENT, SPACE FORCE

SPACE PROCUREMENT, SF

002 AF SATELLITE COMM SYSTEM .................................................... 43,655 39,655

Unjustified cost growth ...................................................................... [–4,000 ]

003 COUNTERSPACE SYSTEMS ........................................................... 64,804 64,804

004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................. 39,444 39,444

005 GENERAL INFORMATION TECH—SPACE .................................. 3,316 5,116

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135 STAT. 2263 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

Space Force UFR—Modernize space aggressor equipment ............. [1,800 ]

006 GPSIII FOLLOW ON ......................................................................... 601,418 601,418

007 GPS III SPACE SEGMENT ............................................................... 84,452 84,452

008 GLOBAL POSTIONING (SPACE) .................................................... 2,274 2,274

009 HERITAGE TRANSITION ................................................................ 13,529 13,529

010 SPACEBORNE EQUIP (COMSEC) .................................................. 26,245 48,945

Space Force UFR—Space-rated crypto devices to support launch [22,700 ]

011 MILSATCOM ...................................................................................... 24,333 24,333

012 SBIR HIGH (SPACE) ......................................................................... 154,526 154,526

013 SPECIAL SPACE ACTIVITIES ........................................................ 142,188 142,188

014 MOBILE USER OBJECTIVE SYSTEM ........................................... 45,371 45,371

015 NATIONAL SECURITY SPACE LAUNCH ..................................... 1,337,347 1,337,347

016 NUDET DETECTION SYSTEM ....................................................... 6,690 6,690

017 PTES HUB .......................................................................................... 7,406 7,406

018 ROCKET SYSTEMS LAUNCH PROGRAM ..................................... 10,429 10,429

020 SPACE MODS ..................................................................................... 64,371 64,371

021 SPACELIFT RANGE SYSTEM SPACE ........................................... 93,774 93,774

SPARES

022 SPARES AND REPAIR PARTS ........................................................ 1,282 1,282

TOTAL PROCUREMENT, SPACE FORCE ................................ 2,766,854 2,787,354

PROCUREMENT OF AMMUNITION, AIR FORCE

ROCKETS

001 ROCKETS ........................................................................................... 36,597 36,597

CARTRIDGES

002 CARTRIDGES ..................................................................................... 169,163 164,163

Excess to need ..................................................................................... [–5,000 ]

BOMBS

003 PRACTICE BOMBS ........................................................................... 48,745 48,745

004 GENERAL PURPOSE BOMBS ......................................................... 176,565 176,565

005 MASSIVE ORDNANCE PENETRATOR (MOP) .............................. 15,500 15,500

006 JOINT DIRECT ATTACK MUNITION ............................................ 124,102 48,584

Program carryover .............................................................................. [–75,518 ]

007 B–61 ..................................................................................................... 2,709 2,709

OTHER ITEMS

008 CAD/PAD ............................................................................................. 47,210 47,210

009 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 6,151 6,151

010 SPARES AND REPAIR PARTS ........................................................ 535 535

011 MODIFICATIONS .............................................................................. 292 292

012 ITEMS LESS THAN $5,000,000 ....................................................... 9,164 9,164

FLARES

013 FLARES ............................................................................................... 95,297 95,297

FUZES

014 FUZES ................................................................................................. 50,795 50,795

SMALL ARMS

015 SMALL ARMS .................................................................................... 12,343 12,343

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ... 795,168 714,650

OTHER PROCUREMENT, AIR FORCE

PASSENGER CARRYING VEHICLES

001 PASSENGER CARRYING VEHICLES ............................................ 8,448 8,448

CARGO AND UTILITY VEHICLES

002 MEDIUM TACTICAL VEHICLE ...................................................... 5,804 5,804

003 CAP VEHICLES ................................................................................. 1,066 1,800

Program increase—Civil Air Patrol .................................................. [734 ]

004 CARGO AND UTILITY VEHICLES ................................................. 57,459 57,459

SPECIAL PURPOSE VEHICLES

005 JOINT LIGHT TACTICAL VEHICLE .............................................. 97,326 92,326

Excess carryover ................................................................................. [–5,000 ]

006 SECURITY AND TACTICAL VEHICLES ........................................ 488 488

007 SPECIAL PURPOSE VEHICLES ..................................................... 75,694 77,694

CNGB UFR—Temperature control trailers ...................................... [2,000 ]

FIRE FIGHTING EQUIPMENT

008 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 12,525 12,525

MATERIALS HANDLING EQUIPMENT

009 MATERIALS HANDLING VEHICLES ............................................ 34,933 34,933

BASE MAINTENANCE SUPPORT

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135 STAT. 2264 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

010 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 9,134 9,134

011 BASE MAINTENANCE SUPPORT VEHICLES ............................. 111,820 103,728

Program decrease ............................................................................... [–8,092 ]

COMM SECURITY EQUIPMENT(COMSEC)

013 COMSEC EQUIPMENT ..................................................................... 66,022 66,022

014 STRATEGIC MICROELECTRONIC SUPPLY SYSTEM ................ 885,051 885,051

INTELLIGENCE PROGRAMS

015 INTERNATIONAL INTEL TECH & ARCHITECTURES ............... 5,809 5,809

016 INTELLIGENCE TRAINING EQUIPMENT ................................... 5,719 5,719

017 INTELLIGENCE COMM EQUIPMENT .......................................... 25,844 25,844

ELECTRONICS PROGRAMS

018 AIR TRAFFIC CONTROL & LANDING SYS .................................. 44,516 44,516

019 BATTLE CONTROL SYSTEM—FIXED ........................................... 2,940 2,940

020 THEATER AIR CONTROL SYS IMPROVEMEN ........................... 43,442 47,842

EUCOM UFR—Air base air defens ops center ................................ [4,400 ]

021 3D EXPEDITIONARY LONG-RANGE RADAR ............................... 96,186 248,186

Air Force UFR—Build command and control framework ............... [152,000 ]

022 WEATHER OBSERVATION FORECAST ........................................ 32,376 32,376

023 STRATEGIC COMMAND AND CONTROL ..................................... 37,950 37,950

024 CHEYENNE MOUNTAIN COMPLEX ............................................. 8,258 8,258

025 MISSION PLANNING SYSTEMS .................................................... 14,717 14,717

SPCL COMM-ELECTRONICS PROJECTS

027 GENERAL INFORMATION TECHNOLOGY .................................. 43,917 88,247

EUCOM UFR—Mission Partner Environment ................................ [13,800 ]

INDOPACOM UFR—Mission Partner Environment ....................... [30,530 ]

028 AF GLOBAL COMMAND & CONTROL SYS .................................. 414 414

030 MOBILITY COMMAND AND CONTROL ....................................... 10,619 10,619

031 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 101,896 116,797

EUCOM UFR—Counter-UAS for UASFE installations .................. [1,241 ]

EUCOM UFR—Sensors for air base air defense ............................. [11,660 ]

Space Force UFR—Maui Optical Site security system ................... [2,000 ]

032 COMBAT TRAINING RANGES ........................................................ 222,598 222,598

033 COMBAT TRAINING RANGES ........................................................ 14,730 14,730

034 MINIMUM ESSENTIAL EMERGENCY COMM N ........................ 77,119 77,119

035 WIDE AREA SURVEILLANCE (WAS) ............................................ 38,794 38,794

036 C3 COUNTERMEASURES ................................................................ 131,238 131,238

037 INTEGRATED PERSONNEL AND PAY SYSTEM ......................... 15,240 15,240

038 GCSS-AF FOS ..................................................................................... 3,959 3,959

040 MAINTENANCE REPAIR & OVERHAUL INITIATIVE ................ 4,387 4,387

041 THEATER BATTLE MGT C2 SYSTEM ........................................... 4,052 4,052

042 AIR & SPACE OPERATIONS CENTER (AOC) .............................. 2,224 2,224

AIR FORCE COMMUNICATIONS

043 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ........ 58,499 58,499

044 AFNET ................................................................................................. 65,354 65,354

045 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 4,377 4,377

046 USCENTCOM ..................................................................................... 18,101 18,101

047 USSTRATCOM ................................................................................... 4,226 4,226

ORGANIZATION AND BASE

048 TACTICAL C-E EQUIPMENT .......................................................... 162,955 157,817

Program decrease ............................................................................... [–5,138 ]

049 RADIO EQUIPMENT ......................................................................... 14,232 15,732

Space Force UFR—radio equipment ................................................. [1,500 ]

051 BASE COMM INFRASTRUCTURE .................................................. 200,797 262,797

EUCOM UFR—Modernize IT infrastructure ................................... [55,000 ]

Space Force UFR—Lifecycle SIPR/NIP replacement ....................... [7,000 ]

MODIFICATIONS

052 COMM ELECT MODS ....................................................................... 18,607 18,607

PERSONAL SAFETY & RESCUE EQUIP

053 PERSONAL SAFETY AND RESCUE EQUIPMENT ...................... 106,449 106,449

DEPOT PLANT+MTRLS HANDLING EQ

054 POWER CONDITIONING EQUIPMENT ........................................ 11,274 11,274

055 MECHANIZED MATERIAL HANDLING EQUIP ........................... 8,594 8,594

BASE SUPPORT EQUIPMENT

056 BASE PROCURED EQUIPMENT .................................................... 1 33,251

CNGB UFR—Modular small arms ranges ....................................... [25,000 ]

EUCOM UFR—Tactical decoy devices .............................................. [8,250 ]

057 ENGINEERING AND EOD EQUIPMENT ...................................... 32,139 32,139

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135 STAT. 2265 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

058 MOBILITY EQUIPMENT .................................................................. 63,814 63,814

059 FUELS SUPPORT EQUIPMENT (FSE) .......................................... 17,928 17,928

060 BASE MAINTENANCE AND SUPPORT EQUIPMENT ................ 48,534 48,534

SPECIAL SUPPORT PROJECTS

062 DARP RC135 ....................................................................................... 27,359 27,359

063 DCGS-AF ............................................................................................. 261,070 261,070

065 SPECIAL UPDATE PROGRAM ........................................................ 777,652 777,652

CLASSIFIED PROGRAMS

9999 CLASSIFIED PROGRAMS ................................................................ 20,983,908 21,183,908

Program increase ................................................................................ [200,000 ]

SPARES AND REPAIR PARTS

066 SPARES AND REPAIR PARTS (CYBER) ........................................ 978 978

067 SPARES AND REPAIR PARTS ........................................................ 9,575 9,575

TOTAL OTHER PROCUREMENT, AIR FORCE ....................... 25,251,137 25,748,022

PROCUREMENT, DEFENSE-WIDE

MAJOR EQUIPMENT, OSD

081 AGILE PROCUREMENT TRANSITION PILOT ............................. 100,000

Program increase ................................................................................ [100,000 ]

MAJOR EQUIPMENT, SDA

024 MAJOR EQUIPMENT, DPAA ........................................................... 494 494

047 MAJOR EQUIPMENT, OSD ............................................................. 31,420 31,420

048 JOINT CAPABILITY TECH DEMONSTRATION (JCTD) ............. 74,060 74,060

MAJOR EQUIPMENT, NSA

046 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......... 315 315

MAJOR EQUIPMENT, DISA

010 INFORMATION SYSTEMS SECURITY .......................................... 18,923 18,923

011 TELEPORT PROGRAM ..................................................................... 34,908 34,908

012 JOINT FORCES HEADQUARTERS—DODIN ................................ 1,968 1,968

013 ITEMS LESS THAN $5 MILLION ................................................... 42,270 42,270

014 DEFENSE INFORMATION SYSTEM NETWORK ......................... 18,025 18,025

015 WHITE HOUSE COMMUNICATION AGENCY ............................. 44,522 44,522

016 SENIOR LEADERSHIP ENTERPRISE ........................................... 54,592 54,592

017 JOINT REGIONAL SECURITY STACKS (JRSS) ........................... 62,657 62,657

018 JOINT SERVICE PROVIDER ........................................................... 102,039 102,039

019 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) ............. 80,645 80,645

MAJOR EQUIPMENT, DLA

021 MAJOR EQUIPMENT ....................................................................... 530,896 510,896

Excess growth ..................................................................................... [–20,000 ]

MAJOR EQUIPMENT, DCSA

002 MAJOR EQUIPMENT ....................................................................... 3,014 3,014

MAJOR EQUIPMENT, TJS

049 MAJOR EQUIPMENT, TJS ............................................................... 7,830 7,830

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY

029 THAAD ................................................................................................ 251,543 361,122

MDA UFR—Additional interceptors ................................................. [109,579 ]

031 AEGIS BMD ........................................................................................ 334,621 334,621

032 AEGIS BMD ........................................................................................ 17,493 17,493

033 BMDS AN/TPY–2 RADARS ............................................................... 2,738 2,738

034 SM–3 IIAS ........................................................................................... 295,322 336,822

MDA UFR—Additional AURs ........................................................... [41,500 ]

035 ARROW 3 UPPER TIER SYSTEMS ................................................. 62,000 62,000

036 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) ....... 30,000 30,000

037 DEFENSE OF GUAM PROCUREMENT ......................................... 40,000 80,000

INDOPACOM UFR—Guam Defense System ................................... [40,000 ]

038 AEGIS ASHORE PHASE III ............................................................. 25,866 25,866

039 IRON DOME ....................................................................................... 108,000 108,000

040 AEGIS BMD HARDWARE AND SOFTWARE ................................ 81,791 81,791

MAJOR EQUIPMENT, DHRA

004 PERSONNEL ADMINISTRATION ................................................... 4,042 4,042

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION

AGENCY

026 VEHICLES .......................................................................................... 118 118

027 OTHER MAJOR EQUIPMENT ......................................................... 12,681 12,681

MAJOR EQUIPMENT, DODEA

023 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ......... 2,963 2,963

MAJOR EQUIPMENT, DMACT

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135 STAT. 2266 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

022 MAJOR EQUIPMENT ....................................................................... 8,498 8,498

CLASSIFIED PROGRAMS

9999 CLASSIFIED PROGRAMS ................................................................ 635,338 635,338

AVIATION PROGRAMS

052 ARMED OVERWATCH/TARGETING .............................................. 170,000 166,000

Unit cost growth ................................................................................. [–4,000 ]

053 MANNED ISR ..................................................................................... 2,500 2,500

054 MC–12 .................................................................................................. 2,250 2,250

055 MH–60 BLACKHAWK ....................................................................... 29,900 29,900

056 ROTARY WING UPGRADES AND SUSTAINMENT ..................... 202,278 202,278

057 UNMANNED ISR ............................................................................... 55,951 55,951

058 NON-STANDARD AVIATION ........................................................... 3,282 3,282

059 U–28 ..................................................................................................... 4,176 4,176

060 MH–47 CHINOOK .............................................................................. 130,485 130,485

061 CV–22 MODIFICATION .................................................................... 41,762 47,572

SOCOM UFR—CV–22 reliability acceleration ................................. [5,810 ]

062 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 8,020 8,020

063 PRECISION STRIKE PACKAGE ..................................................... 165,224 165,224

064 AC/MC–130J ....................................................................................... 205,216 205,216

065 C–130 MODIFICATIONS .................................................................. 13,373 13,373

SHIPBUILDING

066 UNDERWATER SYSTEMS ............................................................... 17,227 23,327

SOCOM UFR—Combat diving advanced equipment acceleration [5,200 ]

SOCOM UFR—Modernized forward look sonar ............................... [900 ]

AMMUNITION PROGRAMS

067 ORDNANCE ITEMS <$5M ................................................................ 168,072 168,072

OTHER PROCUREMENT PROGRAMS

068 INTELLIGENCE SYSTEMS ............................................................. 131,889 131,889

069 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 5,991 5,991

070 OTHER ITEMS <$5M ........................................................................ 62,722 62,722

071 COMBATANT CRAFT SYSTEMS .................................................... 17,080 17,080

072 SPECIAL PROGRAMS ....................................................................... 44,351 75,531

SOCOM UFR—Medium fixed wing mobility modifications ............ [31,180 ]

073 TACTICAL VEHICLES ...................................................................... 26,806 26,806

074 WARRIOR SYSTEMS <$5M .............................................................. 284,548 294,548

Radio integration system program upgrade ..................................... [10,000 ]

075 COMBAT MISSION REQUIREMENTS ........................................... 27,513 27,513

077 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 20,252 20,252

078 OPERATIONAL ENHANCEMENTS ................................................ 328,569 389,872

SOCOM UFR—Armored ground mobility systems acceleration ..... [33,303 ]

SOCOM UFR—Fused panoramic night vision goggles acceleration [28,000 ]

CBDP

079 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ........... 167,918 167,918

080 CB PROTECTION & HAZARD MITIGATION ................................ 189,265 183,884

TATPE excess growth ......................................................................... [–5,381 ]

TOTAL PROCUREMENT, DEFENSE-WIDE ............................. 5,548,212 5,924,303

NATIONAL GUARD AND RESERVE EQUIPMENT

UNDISTRIBUTED

001 MISCELLANEOUS EQUIPMENT .................................................... 950,000

Program increase ................................................................................ [950,000 ]

TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT 950,000

TOTAL PROCUREMENT ............................................................... 132,205,078 146,884,599

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135 STAT. 2267 PUBLIC LAW 117–81—DEC. 27, 2021

TITLE XLII—RESEARCH, DEVELOP-

MENT, TEST, AND EVALUATION

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL,

ARMY

BASIC RESEARCH

001 0601102A DEFENSE RESEARCH SCIENCES ........................... 297,241 328,788

Program increase .......................................................... [22,047 ]

Program increase—digital thread for advanced man-

ufacturing.

[5,000 ]

Program increase—lightweight high entropy metallic

alloy discovery.

[3,000 ]

Program increase—unmanned aerial systems hybrid

propulsion.

[1,500 ]

002 0601103A UNIVERSITY RESEARCH INITIATIVES ................. 66,981 96,981

Program increase—defense university research in-

strumentation program.

[30,000 ]

003 0601104A UNIVERSITY AND INDUSTRY RESEARCH CEN-

TERS.

94,003 103,003

Program increase—biotechnology advancements ....... [4,000 ]

SMART and cognitive research for RF/radar ............. [5,000 ]

004 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,067 5,067

005 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE

LEARNING BASIC RESEARCH.

10,183 15,183

Program increase—extreme events in structurally

evolving materials.

[5,000 ]

SUBTOTAL BASIC RESEARCH ............................. 473,475 549,022

APPLIED RESEARCH

006 0602115A BIOMEDICAL TECHNOLOGY ................................... 11,925 11,925

007 0602134A COUNTER IMPROVISED-THREAT ADVANCED

STUDIES.

1,976 1,976

008 0602141A LETHALITY TECHNOLOGY ...................................... 64,126 65,126

CPF—research and development of next generation

explosives and propellants.

[1,000 ]

009 0602142A ARMY APPLIED RESEARCH ..................................... 28,654 28,654

010 0602143A SOLDIER LETHALITY TECHNOLOGY .................... 105,168 115,168

Program increase—Pathfinder air assault .................. [10,000 ]

011 0602144A GROUND TECHNOLOGY ........................................... 56,400 105,400

Additive manufacturing materials ............................... [8,000 ]

CPF—Army Research Lab (ARL) Additive Manufac-

turing/Machine Learning (AM/ML) Initiative.

[5,000 ]

Military footwear research ........................................... [2,500 ]

Modeling enabled multifunctional materials develop-

ment (MEMMD).

[6,000 ]

Program increase—advanced manufacturing mate-

rials processes initiative.

[10,000 ]

Program increase—advanced polymers for force pro-

tection.

[8,000 ]

Program increase—ceramic materials for extreme

environments.

[2,500 ]

Program increase—earthen structures soil enhance-

ment.

[3,000 ]

Program increase—polar proving ground and train-

ing program.

[2,000 ]

Program increase—verified inherent control .............. [2,000 ]

012 0602145A NEXT GENERATION COMBAT VEHICLE TECH-

NOLOGY.

172,166 192,666

CPF—high-efficiency truck users forum (HTUF) ....... [2,500 ]

CPF—structural thermoplastics large-scale low-cost

tooling solutions.

[4,500 ]

Light detection and ranging (LiDAR) technology ....... [2,500 ]

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135 STAT. 2268 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

Program increase—prototyping energy smart auton-

omous ground systems.

[8,000 ]

Tactical behaviors for autonomous maneuver ............ [3,000 ]

013 0602146A NETWORK C3I TECHNOLOGY ................................. 84,606 120,406

Alternative PNT ............................................................ [8,000 ]

CPF—future nano- and micro-fabrication - Advanced

Materials Engineering Research Institute.

[6,800 ]

CPF—multiple drone, multiple sensor ISR capabili-

ties.

[5,000 ]

Distributed radio frequency sensor/effector tech-

nology for strategic defense.

[8,000 ]

Intelligent electronic protection technologies ............. [6,000 ]

UAS sensor research ..................................................... [2,000 ]

014 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 64,285 67,285

Program increase—novel printed armaments compo-

nents.

[3,000 ]

015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY .............. 91,411 91,411

016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY ....... 19,316 72,566

Advancement of critical HEL technologies ................. [10,000 ]

Counter-UAS applied research .................................... [5,000 ]

Cyber electromagnetic (CEMA) missile defender ....... [15,000 ]

High energy laser integration ...................................... [10,000 ]

Program increase—kill chain automation ................... [8,000 ]

Program increase—precision long range integrated

strike.

[5,250 ]

017 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE

LEARNING TECHNOLOGIES.

15,034 15,034

018 0602181A ALL DOMAIN CONVERGENCE APPLIED RE-

SEARCH.

25,967 25,967

019 0602182A C3I APPLIED RESEARCH .......................................... 12,406 12,406

020 0602183A AIR PLATFORM APPLIED RESEARCH ................... 6,597 16,597

High density eVTOL power source .............................. [10,000 ]

021 0602184A SOLDIER APPLIED RESEARCH ............................... 11,064 11,064

022 0602213A C3I APPLIED CYBER .................................................. 12,123 12,123

023 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED

RESEARCH.

20,643 20,643

024 0602785A MANPOWER/PERSONNEL/TRAINING TECH-

NOLOGY.

18,701 18,701

025 0602787A MEDICAL TECHNOLOGY .......................................... 91,720 95,720

CPF—human performance optimization (HPO) cen-

ter.

[2,000 ]

CPF—suicide prevention with focus on rural, re-

mote, isolated, and OCONUS locations.

[2,000 ]

SUBTOTAL APPLIED RESEARCH ....................... 914,288 1,100,838

ADVANCED TECHNOLOGY DEVELOPMENT

026 0603002A MEDICAL ADVANCED TECHNOLOGY ................... 43,804 43,804

027 0603007A MANPOWER, PERSONNEL AND TRAINING AD-

VANCED TECHNOLOGY.

14,273 14,273

028 0603025A ARMY AGILE INNOVATION AND DEMONSTRA-

TION.

22,231 22,231

029 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE

LEARNING ADVANCED TECHNOLOGIES.

909 909

030 0603041A ALL DOMAIN CONVERGENCE ADVANCED

TECHNOLOGY.

17,743 17,743

031 0603042A C3I ADVANCED TECHNOLOGY ............................... 3,151 3,151

032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY ........ 754 754

033 0603044A SOLDIER ADVANCED TECHNOLOGY .................... 890 890

034 0603115A MEDICAL DEVELOPMENT ....................................... 26,521 26,521

035 0603116A LETHALITY ADVANCED TECHNOLOGY ............... 8,066 8,066

036 0603117A ARMY ADVANCED TECHNOLOGY DEVELOP-

MENT.

76,815 76,815

037 0603118A SOLDIER LETHALITY ADVANCED TECH-

NOLOGY.

107,966 115,966

Program increase .......................................................... [8,000 ]

038 0603119A GROUND ADVANCED TECHNOLOGY .................... 23,403 68,403

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135 STAT. 2269 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

Additive manufacturing capabilities for austere oper-

ating environments.

[14,000 ]

CPF—military operations in a permafrost environ-

ment.

[3,000 ]

Ground advanced technology—3D printed structures [2,000 ]

Polar research and testing ........................................... [4,000 ]

Program increase—3D printing of infrastructure ...... [5,000 ]

Program increase—cold weather research .................. [2,000 ]

Program increase—entry control points at installa-

tions.

[5,000 ]

Program increase—graphene applications for mili-

tary engineering.

[2,000 ]

Program increase—rapid entry and sustainment for

the arctic.

[8,000 ]

039 0603134A COUNTER IMPROVISED-THREAT SIMULATION 24,747 24,747

040 0603386A BIOTECHNOLOGY FOR MATERIALS—AD-

VANCED RESEARCH.

53,736 53,736

041 0603457A C3I CYBER ADVANCED DEVELOPMENT .............. 31,426 31,426

042 0603461A HIGH PERFORMANCE COMPUTING MOD-

ERNIZATION PROGRAM.

189,123 229,123

Program increase .......................................................... [40,000 ]

043 0603462A NEXT GENERATION COMBAT VEHICLE AD-

VANCED TECHNOLOGY.

164,951 179,951

Cyber and connected vehicle integration research ..... [3,500 ]

Program increase—combat vehicle lithium 6T bat-

tery development.

[1,500 ]

Robotics development .................................................... [5,000 ]

Vehicle cyber security research .................................... [5,000 ]

044 0603463A NETWORK C3I ADVANCED TECHNOLOGY .......... 155,867 161,867

C3I assured position, navigation, and timing tech-

nology.

[4,000 ]

Command post modernization ..................................... [2,000 ]

045 0603464A LONG RANGE PRECISION FIRES ADVANCED

TECHNOLOGY.

93,909 113,909

Missile effects planning tool development .................. [10,000 ]

Project AG5 .................................................................... [10,000 ]

046 0603465A FUTURE VERTICAL LIFT ADVANCED TECH-

NOLOGY.

179,677 187,677

Program increase—20mm chaingun development for

FLARA.

[8,000 ]

047 0603466A AIR AND MISSILE DEFENSE ADVANCED TECH-

NOLOGY.

48,826 68,826

Program increase—armored combat vehicle HEL in-

tegration.

[10,000 ]

Program increase—missile MENTOR ......................... [10,000 ]

048 0603920A HUMANITARIAN DEMINING ................................... 8,649 8,649

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

1,297,437 1,459,437

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

049 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRA-

TION.

11,702 25,702

Electro-magnetic denial and protect ............................ [6,000 ]

PNT resiliency lab ......................................................... [8,000 ]

050 0603308A ARMY SPACE SYSTEMS INTEGRATION ................ 18,755 20,755

Program increase—multi-function and multi-mission

payload.

[2,000 ]

051 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGI-

NEERING.

5,000

Program increase—machine learning for integrated

fires.

[5,000 ]

052 0603619A LANDMINE WARFARE AND BARRIER—ADV

DEV.

50,314 48,814

Test and evaluation excess ........................................... [–1,500 ]

053 0603639A TANK AND MEDIUM CALIBER AMMUNITION .... 79,873 77,373

Testing excess ................................................................ [–2,500 ]

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135 STAT. 2270 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

054 0603645A ARMORED SYSTEM MODERNIZATION—ADV

DEV.

170,590 166,590

Excess to need ............................................................... [–4,000 ]

055 0603747A SOLDIER SUPPORT AND SURVIVABILITY ........... 2,897 2,897

056 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYS-

TEM—ADV DEV.

113,365 113,365

057 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOP-

MENT.

18,000 21,804

Soldier maneuver sensors adv dev lethality smart

system—Army UPL.

[3,804 ]

058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—

DEM/VAL.

11,921 11,921

059 0603790A NATO RESEARCH AND DEVELOPMENT ............... 3,777 3,777

060 0603801A AVIATION—ADV DEV ................................................ 1,125,641 1,134,141

Excess to need ............................................................... [–24,500 ]

Program increase—FLRAA .......................................... [33,000 ]

061 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV

DEV.

7,055 7,055

062 0603807A MEDICAL SYSTEMS—ADV DEV .............................. 22,071 22,071

063 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOP-

MENT.

17,459 17,459

064 0604017A ROBOTICS DEVELOPMENT ...................................... 87,198 75,048

Excess carryover ............................................................ [–7,150 ]

Unjustified growth—other support costs ..................... [–5,000 ]

065 0604019A EXPANDED MISSION AREA MISSILE (EMAM) ..... 50,674 43,674

IFPC-HEL late contract award .................................... [–7,000 ]

067 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPA-

BILITY.

19,638 19,638

068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV

DEV.

50,548 50,548

069 0604037A TACTICAL INTEL TARGETING ACCESS NODE

(TITAN) ADV DEV.

28,347 28,347

070 0604100A ANALYSIS OF ALTERNATIVES ................................ 10,091 10,091

071 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV)

(6.4).

926 926

072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT

SYSTEM (FTUAS).

69,697 75,697

Army UFR—Acceleration of FTUAS ........................... [6,000 ]

073 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD)

SENSOR.

327,690 307,567

Long term power and support costs ahead of need .... [–20,123 ]

074 0604115A TECHNOLOGY MATURATION INITIATIVES ......... 270,124 180,324

Insufficient justification ................................................ [–80,000 ]

Program decrease .......................................................... [–9,800 ]

075 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-

SHORAD).

39,376 39,376

076 0604119A ARMY ADVANCED COMPONENT DEVELOP-

MENT & PROTOTYPING.

189,483 189,483

077 0604120A ASSURED POSITIONING, NAVIGATION AND

TIMING (PNT).

96,679 96,679

078 0604121A SYNTHETIC TRAINING ENVIRONMENT RE-

FINEMENT & PROTOTYPING.

194,195 196,795

Prior-year carryover ...................................................... [–2,000 ]

Program increase—multi-sensor terrain data capture

and processing.

[4,600 ]

079 0604134A COUNTER IMPROVISED-THREAT DEMONSTRA-

TION, PROTOTYPE DEVELOPMENT, AND

TESTING.

13,379 13,379

080 0604182A HYPERSONICS ............................................................ 300,928 300,928

081 0604403A FUTURE INTERCEPTOR ........................................... 7,895 7,895

082 0604531A COUNTER—SMALL UNMANNED AIRCRAFT

SYSTEMS ADVANCED DEVELOPMENT.

19,148 19,148

083 0604541A UNIFIED NETWORK TRANSPORT .......................... 35,409 35,409

084 0604644A MOBILE MEDIUM RANGE MISSILE ....................... 286,457 286,457

085 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIV-

ITY 4).

2,040 2,040

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135 STAT. 2271 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

086 0305251A CYBERSPACE OPERATIONS FORCES AND

FORCE SUPPORT.

52,988 52,988

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

3,806,330 3,711,161

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

089 0604201A AIRCRAFT AVIONICS ................................................. 6,654 6,654

090 0604270A ELECTRONIC WARFARE DEVELOPMENT ............ 30,840 26,440

Early to need ................................................................. [–4,400 ]

091 0604601A INFANTRY SUPPORT WEAPONS ............................. 67,873 72,873

Program increase—turret gunner survivability and

simulation environment.

[5,000 ]

092 0604604A MEDIUM TACTICAL VEHICLES .............................. 11,374 11,374

093 0604611A JAVELIN ....................................................................... 7,094 7,094

094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ........... 31,602 30,077

Leader/follower test support ahead of need ................ [–1,525 ]

095 0604633A AIR TRAFFIC CONTROL ............................................ 4,405 4,405

096 0604642A LIGHT TACTICAL WHEELED VEHICLES .............. 2,055 7,655

Army UFR—Electric light reconnaissance vehicle ..... [5,600 ]

097 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—

ENG DEV.

137,256 135,506

Government support excess .......................................... [–1,750 ]

098 0604710A NIGHT VISION SYSTEMS—ENG DEV ..................... 62,690 112,690

Transfer from Other Procurement, Army line 83 ...... [50,000 ]

099 0604713A COMBAT FEEDING, CLOTHING, AND EQUIP-

MENT.

1,658 1,658

100 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ... 26,540 26,540

101 0604741A AIR DEFENSE COMMAND, CONTROL AND IN-

TELLIGENCE—ENG DEV.

59,518 59,518

102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DE-

VELOPMENT.

22,331 22,331

103 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 8,807 8,807

104 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS

(DIS)—ENG DEV.

7,453 7,453

107 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVAL-

UATION.

21,534 21,534

108 0604802A WEAPONS AND MUNITIONS—ENG DEV .............. 309,778 306,722

C-DAEM overestimation ............................................... [–3,056 ]

109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG

DEV.

59,261 52,261

Excess carryover ............................................................ [–7,000 ]

110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYS-

TEMS—ENG DEV.

20,121 20,121

111 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL

DEFENSE EQUIPMENT—ENG DEV.

44,424 44,424

112 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ........ 14,137 9,137

Insufficient justification ................................................ [–5,000 ]

113 0604818A ARMY TACTICAL COMMAND & CONTROL

HARDWARE & SOFTWARE.

162,704 162,704

114 0604820A RADAR DEVELOPMENT ............................................ 127,919 127,919

115 0604822A GENERAL FUND ENTERPRISE BUSINESS SYS-

TEM (GFEBS).

17,623 17,623

117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ............ 6,454 6,454

118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT

SYSTEMS—EMD.

106,354 127,354

Army UFR—Active protection systems for Bradley

and Stryker.

[21,000 ]

120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 120,168

GFIM unjustified growth .............................................. [–2,000 ]

121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-

ARMY (IPPS-A).

76,936 58,736

Program decrease .......................................................... [–18,200 ]

122 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ... 35,560 35,560

124 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ..... 16,364 16,364

125 0605031A JOINT TACTICAL NETWORK (JTN) ........................ 28,954 28,954

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135 STAT. 2272 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

128 0605035A COMMON INFRARED COUNTERMEASURES

(CIRCM).

16,630 16,630

130 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECON-

NAISSANCE VEHICLE (NBCRV) SENSOR

SUITE.

7,618 7,618

131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ......... 18,892 13,892

Cyber situational understanding reduction ................ [–5,000 ]

132 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-

TIER).

28,849 28,849

133 0605047A CONTRACT WRITING SYSTEM ................................ 22,960 20,960

Program reduction ........................................................ [–2,000 ]

135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ....... 65,603 65,603

136 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC

2—BLOCK 1.

233,512 233,512

137 0605053A GROUND ROBOTICS .................................................. 18,241 18,241

138 0605054A EMERGING TECHNOLOGY INITIATIVES .............. 254,945 254,945

139 0605143A BIOMETRICS ENABLING CAPABILITY (BEC) ....... 4,326 4,326

140 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM ... 15,616 15,616

141 0605145A MEDICAL PRODUCTS AND SUPPORT SYSTEMS

DEVELOPMENT.

962 962

142 0605148A TACTICAL INTEL TARGETING ACCESS NODE

(TITAN) EMD.

54,972 54,972

143 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRA-

TION.

122,175 122,175

144 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV)

(6.5).

2,275 2,275

145 0605224A MULTI-DOMAIN INTELLIGENCE ............................ 9,313 9,313

146 0605225A SIO CAPABILITY DEVELOPMENT .......................... 22,713 22,713

147 0605231A PRECISION STRIKE MISSILE (PRSM) .................... 188,452 188,452

148 0605232A HYPERSONICS EMD .................................................. 111,473 111,473

149 0605233A ACCESSIONS INFORMATION ENVIRONMENT

(AIE).

18,790 18,790

150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ............. 2,134 2,134

151 0605457A ARMY INTEGRATED AIR AND MISSILE DE-

FENSE (AIAMD).

157,873 157,873

152 0605531A COUNTER—SMALL UNMANNED AIRCRAFT

SYSTEMS SYS DEV & DEMONSTRATION.

33,386 33,386

153 0605625A MANNED GROUND VEHICLE .................................. 225,106 203,106

Excess carryover ............................................................ [–10,000 ]

Unjustified growth—other support costs ..................... [–7,000 ]

Unjustified growth—program management ................ [–5,000 ]

154 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 14,454 14,454

155 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-

NEERING AND MANUFACTURING DEVELOP-

MENT PH.

2,564 2,564

156 0605830A AVIATION GROUND SUPPORT EQUIPMENT ....... 1,201 1,201

157 0303032A TROJAN—RH12 ........................................................... 3,362 3,362

161 0304270A ELECTRONIC WARFARE DEVELOPMENT ............ 75,520 75,520

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

3,392,358 3,402,027

MANAGEMENT SUPPORT

162 0604256A THREAT SIMULATOR DEVELOPMENT .................. 18,439 18,439

163 0604258A TARGET SYSTEMS DEVELOPMENT ....................... 17,404 17,404

164 0604759A MAJOR T&E INVESTMENT ....................................... 68,139 68,139

165 0605103A RAND ARROYO CENTER ........................................... 33,126 33,126

166 0605301A ARMY KWAJALEIN ATOLL ....................................... 240,877 240,877

167 0605326A CONCEPTS EXPERIMENTATION PROGRAM ........ 79,710 79,710

169 0605601A ARMY TEST RANGES AND FACILITIES ................. 354,227 354,227

170 0605602A ARMY TECHNICAL TEST INSTRUMENTATION

AND TARGETS.

49,253 49,253

171 0605604A SURVIVABILITY/LETHALITY ANALYSIS ............... 36,389 36,389

172 0605606A AIRCRAFT CERTIFICATION ..................................... 2,489 2,489

173 0605702A METEOROLOGICAL SUPPORT TO RDT&E AC-

TIVITIES.

6,689 6,689

174 0605706A MATERIEL SYSTEMS ANALYSIS ............................. 21,558 21,558

175 0605709A EXPLOITATION OF FOREIGN ITEMS ..................... 13,631 13,631

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135 STAT. 2273 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

176 0605712A SUPPORT OF OPERATIONAL TESTING ................. 55,122 55,122

177 0605716A ARMY EVALUATION CENTER ................................. 65,854 65,854

178 0605718A ARMY MODELING & SIM X-CMD COLLABORA-

TION & INTEG.

2,633 2,633

179 0605801A PROGRAMWIDE ACTIVITIES ................................... 96,589 96,589

180 0605803A TECHNICAL INFORMATION ACTIVITIES ............. 26,808 26,808

181 0605805A MUNITIONS STANDARDIZATION, EFFECTIVE-

NESS AND SAFETY.

43,042 48,042

Program increase—polymer case ammunition ........... [5,000 ]

182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY

MGMT SUPPORT.

1,789 1,789

183 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D

- MHA.

52,108 52,108

185 0606002A RONALD REAGAN BALLISTIC MISSILE DE-

FENSE TEST SITE.

80,952 80,952

186 0606003A COUNTERINTEL AND HUMAN INTEL MOD-

ERNIZATION.

5,363 5,363

187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES ............... 39,041 39,041

188 0606942A ASSESSMENTS AND EVALUATIONS CYBER

VULNERABILITIES.

5,466 5,466

SUBTOTAL MANAGEMENT SUPPORT ............... 1,416,698 1,421,698

OPERATIONAL SYSTEMS DEVELOPMENT

UNDISTRIBUTED

190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ....... 12,314 12,314

191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT .............. 8,868 8,868

192 0607131A WEAPONS AND MUNITIONS PRODUCT IM-

PROVEMENT PROGRAMS.

22,828 30,828

Agile manufacturing for advanced armament sys-

tems.

[8,000 ]

194 0607136A BLACKHAWK PRODUCT IMPROVEMENT PRO-

GRAM.

4,773 4,773

195 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 52,372 70,372

CH–47 Chinook cargo on/off loading system .............. [8,000 ]

Program increase—T55–714C acceleration ................. [10,000 ]

196 0607139A IMPROVED TURBINE ENGINE PROGRAM ............ 275,024 315,024

Army improved turbine engine program ..................... [40,000 ]

197 0607142A AVIATION ROCKET SYSTEM PRODUCT IM-

PROVEMENT AND DEVELOPMENT.

12,417 12,417

198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL

PRODUCTS.

4,594 4,594

199 0607145A APACHE FUTURE DEVELOPMENT ........................ 10,067 25,067

Program increase .......................................................... [15,000 ]

200 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISI-

TION RADAR SYSTEM.

56,681 56,681

201 0607150A INTEL CYBER DEVELOPMENT ............................... 3,611 12,471

Army UFR—Cyber-Info Dominance Center ................ [8,860 ]

202 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 28,029 28,029

203 0607313A ELECTRONIC WARFARE DEVELOPMENT ............ 5,673 5,673

204 0607665A FAMILY OF BIOMETRICS ......................................... 1,178 1,178

205 0607865A PATRIOT PRODUCT IMPROVEMENT ..................... 125,932 125,932

206 0203728A JOINT AUTOMATED DEEP OPERATION CO-

ORDINATION SYSTEM (JADOCS).

25,547 25,547

207 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 211,523 276,523

Program increase—Abrams modernization ................ [65,000 ]

208 0203743A 155MM SELF-PROPELLED HOWITZER IM-

PROVEMENTS.

213,281 208,136

Excess carryover ............................................................ [–5,145 ]

210 0203752A AIRCRAFT ENGINE COMPONENT IMPROVE-

MENT PROGRAM.

132 132

211 0203758A DIGITIZATION ............................................................. 3,936 3,936

212 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVE-

MENT PROGRAM.

127 127

213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT

PROGRAMS.

10,265 10,265

214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—

OPERATIONAL SYSTEM DEV.

262 262

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135 STAT. 2274 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

215 0205456A LOWER TIER AIR AND MISSILE DEFENSE

(AMD) SYSTEM.

182 182

216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM

(GMLRS).

63,937 63,937

217 0208053A JOINT TACTICAL GROUND SYSTEM ..................... 13,379 13,379

219 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ...... 24,531 24,531

220 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,720 11,720

Carryover ....................................................................... [–4,000 ]

221 0303141A GLOBAL COMBAT SUPPORT SYSTEM ................... 52,739 61,739

Army UFR—ERP convergence/modernization ............ [9,000 ]

222 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ....... 15,247 15,247

226 0305179A INTEGRATED BROADCAST SERVICE (IBS) .......... 5,430 5,430

227 0305204A TACTICAL UNMANNED AERIAL VEHICLES ........ 8,410 8,410

228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS ............ 24,460 24,460

233 0307665A BIOMETRICS ENABLED INTELLIGENCE .............. 2,066 2,066

234 0708045A END ITEM INDUSTRIAL PREPAREDNESS AC-

TIVITIES.

61,720 76,720

Digital night vision cameras ........................................ [15,000 ]

SUBTOTAL UNDISTRIBUTED ............................... 169,715

999 9999999999 CLASSIFIED PROGRAMS .......................................... 2,993 2,993

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

1,380,248 1,549,963

SOFTWARE AND DIGITAL TECHNOLOGY

PILOT PROGRAMS

237 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE

DEVELOPMENT.

118,811 118,811

SUBTOTAL SOFTWARE AND DIGITAL TECH-

NOLOGY PILOT PROGRAMS.

118,811 118,811

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, ARMY.

12,799,645 13,312,957

RESEARCH, DEVELOPMENT, TEST & EVAL,

NAVY

BASIC RESEARCH

001 0601103N UNIVERSITY RESEARCH INITIATIVES ................. 117,448 167,448

Defense university research instrumentation pro-

gram.

[20,000 ]

University research programs ...................................... [30,000 ]

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RE-

SEARCH.

23,399

Program increase .......................................................... [23,399 ]

003 0601153N DEFENSE RESEARCH SCIENCES ........................... 484,421 489,406

CPF—Digital twins for Navy maintenance ................ [1,985 ]

Program increase .......................................................... [3,000 ]

SUBTOTAL BASIC RESEARCH ............................. 601,869 680,253

APPLIED RESEARCH

004 0602114N POWER PROJECTION APPLIED RESEARCH ........ 23,013 31,013

Program increase—multi-mission UAV-borne elec-

tronic attack.

[8,000 ]

005 0602123N FORCE PROTECTION APPLIED RESEARCH ......... 122,888 138,388

Relative positioning of autonomous platforms ............ [3,000 ]

Resilient Innovative Sustainable Economies via Uni-

versity Partnerships (RISE-UP).

[2,000 ]

Talent and technology for Navy power and energy

systems.

[10,500 ]

006 0602131M MARINE CORPS LANDING FORCE TECH-

NOLOGY.

51,112 58,612

Program increase—unmanned logistics solutions ...... [7,500 ]

007 0602235N COMMON PICTURE APPLIED RESEARCH ............ 51,477 51,477

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RE-

SEARCH.

70,547 78,547

Anti-corrosion nanotechnologies .................................. [3,000 ]

High mobility ground robots to assist dismounted in-

fantry in urban operations.

[5,000 ]

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135 STAT. 2275 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RE-

SEARCH.

85,157 85,157

010 0602435N OCEAN WARFIGHTING ENVIRONMENT AP-

PLIED RESEARCH.

70,086 70,086

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RE-

SEARCH.

6,405 6,405

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ....... 57,484 98,984

Academic partnerships for undersea vehicle research

and manufacturing.

[16,500 ]

Continuous distributed sensing systems ..................... [4,000 ]

CPF—connected AI for autonomous UUV systems .... [5,000 ]

CPF—persistent maritime surveillance ...................... [5,000 ]

Program increase—undersea warfare applied re-

search ocean aero.

[11,000 ]

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RE-

SEARCH.

173,356 193,356

Program increase—long endurance, autonomous mo-

bile acoustic detection systems.

[20,000 ]

014 0602782N MINE AND EXPEDITIONARY WARFARE AP-

PLIED RESEARCH.

32,160 32,160

015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) AP-

PLIED RESEARCH.

152,976 152,976

016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—

ONR FIELD ACITIVITIES.

79,254 79,254

SUBTOTAL APPLIED RESEARCH ....................... 975,915 1,076,415

ADVANCED TECHNOLOGY DEVELOPMENT

017 0603123N FORCE PROTECTION ADVANCED TECH-

NOLOGY.

21,661 21,661

018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED

TECHNOLOGY.

8,146 8,146

019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRA-

TION (ATD).

224,155 274,055

Marine Corps UFR—Maritime Targeting Cell-Expe-

ditionary.

[5,300 ]

Marine Corps UFR—Unmanned adversary tech-

nology investment.

[10,000 ]

Next generation logistics—autonomous littoral con-

nector.

[9,600 ]

Program increase—low-cost atrittable aircraft tech-

nology.

[25,000 ]

020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY

DEVELOPMENT.

13,429 13,429

021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED

TECHNOLOGY DEVELOPMENT.

265,299 265,299

022 0603680N MANUFACTURING TECHNOLOGY PROGRAM ..... 57,236 57,236

023 0603729N WARFIGHTER PROTECTION ADVANCED TECH-

NOLOGY.

4,935 4,935

024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEM-

ONSTRATIONS.

47,167 47,167

025 0603782N MINE AND EXPEDITIONARY WARFARE AD-

VANCED TECHNOLOGY.

1,981 1,981

026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) AD-

VANCED TECHNOLOGY DEVELOPMENT.

133,779 153,779

Attritable group III ultra-long endurance unmanned

aircraft for persistent ISR.

[10,000 ]

Program increase—railgun ........................................... [10,000 ]

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

777,788 847,688

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

027 0603128N UNMANNED AERIAL SYSTEM ................................. 16,879 16,879

028 0603178N MEDIUM AND LARGE UNMANNED SURFACE

VEHICLES (USVS).

144,846 102,846

LUSV integrated combat system early to need .......... [–42,000 ]

029 0603207N AIR/OCEAN TACTICAL APPLICATIONS ................. 27,849 27,849

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135 STAT. 2276 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

030 0603216N AVIATION SURVIVABILITY ...................................... 16,815 16,815

031 0603239N NAVAL CONSTRUCTION FORCES .......................... 5,290 5,290

033 0603254N ASW SYSTEMS DEVELOPMENT .............................. 17,612 17,612

034 0603261N TACTICAL AIRBORNE RECONNAISSANCE ........... 3,111 3,111

035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY .. 32,310 32,310

036 0603502N SURFACE AND SHALLOW WATER MINE COUN-

TERMEASURES.

58,013 58,013

037 0603506N SURFACE SHIP TORPEDO DEFENSE ..................... 1,862 1,862

038 0603512N CARRIER SYSTEMS DEVELOPMENT ..................... 7,182 7,182

039 0603525N PILOT FISH .................................................................. 408,087 408,087

040 0603527N RETRACT LARCH ........................................................ 44,197 44,197

041 0603536N RETRACT JUNIPER .................................................... 144,541 144,541

042 0603542N RADIOLOGICAL CONTROL ....................................... 761 761

043 0603553N SURFACE ASW ............................................................ 1,144 1,144

044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOP-

MENT.

99,782 99,782

045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ..... 14,059 14,059

046 0603563N SHIP CONCEPT ADVANCED DESIGN .................... 111,590 111,590

047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY

STUDIES.

106,957 106,957

048 0603570N ADVANCED NUCLEAR POWER SYSTEMS ............ 203,572 203,572

049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ... 78,122 78,122

050 0603576N CHALK EAGLE ............................................................ 80,270 80,270

051 0603581N LITTORAL COMBAT SHIP (LCS) .............................. 84,924 84,924

052 0603582N COMBAT SYSTEM INTEGRATION ........................... 17,322 17,322

053 0603595N OHIO REPLACEMENT ................................................ 296,231 303,731

Program increase—composites development .............. [7,500 ]

054 0603596N LCS MISSION MODULES .......................................... 75,995 75,995

055 0603597N AUTOMATED TEST AND RE-TEST (ATRT) ............ 7,805 7,805

056 0603599N FRIGATE DEVELOPMENT ........................................ 109,459 109,459

057 0603609N CONVENTIONAL MUNITIONS ................................. 7,296 7,296

058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT

SYSTEM.

77,065 67,707

Armored reconnaissance vehicle GFE excess to need [–4,400 ]

Armored reconnaissance vehicle testing early to

need.

[–4,958 ]

059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DE-

VELOPMENT.

34,785 34,785

060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVEL-

OPMENT.

8,774 8,774

061 0603721N ENVIRONMENTAL PROTECTION ........................... 20,677 20,677

062 0603724N NAVY ENERGY PROGRAM ........................................ 33,824 43,824

AR3P auto refueling system ......................................... [10,000 ]

063 0603725N FACILITIES IMPROVEMENT .................................... 6,327 6,327

064 0603734N CHALK CORAL ............................................................ 579,389 579,389

065 0603739N NAVY LOGISTIC PRODUCTIVITY ............................ 669 669

066 0603746N RETRACT MAPLE ........................................................ 295,295 295,295

067 0603748N LINK PLUMERIA ......................................................... 692,280 692,280

068 0603751N RETRACT ELM ............................................................. 83,904 83,904

069 0603764M LINK EVERGREEN ..................................................... 221,253 264,453

Marine Corps UFR—Additional development ............ [43,200 ]

071 0603790N NATO RESEARCH AND DEVELOPMENT ............... 5,805 5,805

072 0603795N LAND ATTACK TECHNOLOGY ................................. 4,017 4,017

073 0603851M JOINT NON-LETHAL WEAPONS TESTING ........... 29,589 29,589

074 0603860N JOINT PRECISION APPROACH AND LANDING

SYSTEMS—DEM/VAL.

24,450 24,450

075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON

SYSTEMS.

81,803 81,803

076 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 48,793 48,793

077 0604027N DIGITAL WARFARE OFFICE .................................... 46,769 55,752

Navy UFR—Accelerate Naval Tactical Grid Develop-

ment for Joint All-Domain Command and Control

(JADC2).

[8,983 ]

078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA

VEHICLES.

84,676 84,676

079 0604029N UNMANNED UNDERSEA VEHICLE CORE TECH-

NOLOGIES.

59,299 59,299

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135 STAT. 2277 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

081 0604031N LARGE UNMANNED UNDERSEA VEHICLES ....... 88,063 81,407

Contract award excess to need ..................................... [–6,656 ]

082 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT

CARRIER (CVN 78—80).

121,509 121,509

083 0604126N LITTORAL AIRBORNE MCM ..................................... 18,669 15,187

COBRA Block II early to need ..................................... [–3,482 ]

084 0604127N SURFACE MINE COUNTERMEASURES ................. 13,655 13,655

085 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUN-

TERMEASURES (TADIRCM).

33,246 33,246

086 0604289M NEXT GENERATION LOGISTICS ............................. 1,071 1,071

087 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) ... 9,825 9,825

088 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 6,555 6,555

089 0604454N LX (R) ............................................................................. 3,344 3,344

090 0604536N ADVANCED UNDERSEA PROTOTYPING ............... 58,473 51,283

Test and evaluation excess to need ............................. [–7,190 ]

091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-

UAS).

5,529 5,529

092 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT

PROGRAM.

97,944 97,944

093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) AR-

CHITECTURE/ENGINEERING SUPPORT.

9,340 9,340

094 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAP-

ON DEVELOPMENT.

127,756 104,756

Project 3343 lack of program justification .................. [–23,000 ]

095 0605512N MEDIUM UNMANNED SURFACE VEHICLES

(MUSVS)).

60,028 60,028

096 0605513N UNMANNED SURFACE VEHICLE ENABLING

CAPABILITIES.

170,838 123,838

USV machinery qualification insufficient justifica-

tion.

[–47,000 ]

097 0605514M GROUND BASED ANTI-SHIP MISSILE

(MARFORRES).

102,716 102,716

098 0605516M LONG RANGE FIRES (MARFORRES) ...................... 88,479 88,479

099 0605518N CONVENTIONAL PROMPT STRIKE (CPS) ............. 1,372,340 1,498,340

Navy UFR—Additional CPS development .................. [126,000 ]

100 0303354N ASW SYSTEMS DEVELOPMENT—MIP ................... 8,571 8,571

101 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT

SYSTEM.

16,204 23,204

Program increase—K-max unmanned logistics sys-

tem.

[7,000 ]

102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 506 506

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

7,077,987 7,141,984

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

103 0603208N TRAINING SYSTEM AIRCRAFT ................................ 5,864 5,864

104 0604212N OTHER HELO DEVELOPMENT ................................ 56,444 49,312

Attack and utility replacement aircraft excess stud-

ies and analysis.

[–7,132 ]

105 0604214M AV–8B AIRCRAFT—ENG DEV ................................... 10,146 10,146

106 0604215N STANDARDS DEVELOPMENT .................................. 4,082 4,082

107 0604216N MULTI-MISSION HELICOPTER UPGRADE DE-

VELOPMENT.

46,418 54,418

Program increase—MH–60 modernization ................. [8,000 ]

108 0604221N P–3 MODERNIZATION PROGRAM ........................... 579 579

109 0604230N WARFARE SUPPORT SYSTEM ................................. 10,167 10,167

110 0604231N COMMAND AND CONTROL SYSTEMS ................... 122,913 122,913

111 0604234N ADVANCED HAWKEYE .............................................. 386,860 386,860

112 0604245M H–1 UPGRADES ........................................................... 50,158 50,158

113 0604261N ACOUSTIC SEARCH SENSORS ................................ 46,066 46,066

114 0604262N V–22A ............................................................................. 107,984 107,984

115 0604264N AIR CREW SYSTEMS DEVELOPMENT ................... 22,746 22,746

116 0604269N EA–18 ............................................................................. 68,425 68,425

117 0604270N ELECTRONIC WARFARE DEVELOPMENT ............ 139,535 136,593

Dual band decoy previously funded ............................. [–2,942 ]

118 0604273M EXECUTIVE HELO DEVELOPMENT ....................... 45,932 45,932

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135 STAT. 2278 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

119 0604274N NEXT GENERATION JAMMER (NGJ) ..................... 243,923 235,423

Test and evaluation delays ........................................... [–8,500 ]

120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-

NAVY).

234,434 243,417

Navy tactical grid development for JADC2 ................ [8,983 ]

121 0604282N NEXT GENERATION JAMMER (NGJ) INCRE-

MENT II.

248,096 230,100

Contract delays .............................................................. [–17,996 ]

122 0604307N SURFACE COMBATANT COMBAT SYSTEM EN-

GINEERING.

371,575 371,575

123 0604311N LPD–17 CLASS SYSTEMS INTEGRATION .............. 904 904

124 0604329N SMALL DIAMETER BOMB (SDB) ............................. 46,769 46,769

125 0604366N STANDARD MISSILE IMPROVEMENTS ................. 343,511 343,511

126 0604373N AIRBORNE MCM ......................................................... 10,881 10,881

127 0604378N NAVAL INTEGRATED FIRE CONTROL—

COUNTER AIR SYSTEMS ENGINEERING.

46,121 52,621

Program increase—stratospheric balloons .................. [6,500 ]

128 0604419N ADVANCED SENSORS APPLICATION PROGRAM

(ASAP).

15,000

Program increase .......................................................... [15,000 ]

129 0604501N ADVANCED ABOVE WATER SENSORS .................. 77,852 77,852

130 0604503N SSN–688 AND TRIDENT MODERNIZATION .......... 95,693 95,693

131 0604504N AIR CONTROL .............................................................. 27,499 27,499

132 0604512N SHIPBOARD AVIATION SYSTEMS .......................... 8,924 8,924

133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,631 11,631

134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR)

SYSTEM.

96,556 96,556

135 0604530N ADVANCED ARRESTING GEAR (AAG) .................... 147 147

136 0604558N NEW DESIGN SSN ...................................................... 503,252 603,252

SSN Block VI design and advanced capabilities ........ [100,000 ]

137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ........ 62,115 62,115

138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E .......... 54,829 54,829

139 0604574N NAVY TACTICAL COMPUTER RESOURCES .......... 4,290 4,290

140 0604601N MINE DEVELOPMENT ............................................... 76,027 65,646

Encapsulated effector contract delays ......................... [–10,381 ]

141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT .......... 94,386 94,386

142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DE-

VELOPMENT.

8,348 8,348

143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS

SYSTEMS—ENG DEV.

42,144 42,144

144 0604703N PERSONNEL, TRAINING, SIMULATION, AND

HUMAN FACTORS.

7,375 7,375

146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ...... 149,433 149,433

147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ..... 87,862 84,488

Project 0173 MK9 CWTI replacement delay ............... [–3,374 ]

148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 69,006 69,006

149 0604761N INTELLIGENCE ENGINEERING .............................. 20,684 20,684

150 0604771N MEDICAL DEVELOPMENT ....................................... 3,967 11,467

Program increase—autonomous aerial technology for

distributed logistics.

[7,500 ]

151 0604777N NAVIGATION/ID SYSTEM ......................................... 48,837 48,837

152 0604800M JOINT STRIKE FIGHTER (JSF)—EMD .................... 577 577

153 0604800N JOINT STRIKE FIGHTER (JSF)—EMD .................... 262 262

154 0604850N SSN(X) ............................................................................ 29,829 29,829

155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277

156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 239,892

Contract writing systems reduction ............................ [–3,936 ]

157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT .............. 8,426 8,426

158 0605180N TACAMO MODERNIZATION ..................................... 150,592 90,472

Unjustified air vehicle acquisition strategy ................ [–60,120 ]

159 0605212M CH–53K RDTE .............................................................. 256,903 256,903

160 0605215N MISSION PLANNING .................................................. 88,128 88,128

161 0605217N COMMON AVIONICS .................................................. 60,117 92,017

Marine Corps UFR—MANGL Digital Interoper-

ability.

[31,900 ]

162 0605220N SHIP TO SHORE CONNECTOR (SSC) ...................... 6,320 6,320

163 0605327N T-AO 205 CLASS .......................................................... 4,336 4,336

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135 STAT. 2279 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

164 0605414N UNMANNED CARRIER AVIATION (UCA) ............... 268,937 268,937

165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) ............. 356 356

166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ... 27,279 27,279

167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT

III.

173,784 173,784

168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM

DEVELOPMENT & DEMONSTRATION.

80,709 80,709

169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYS-

TEM DEVELOPMENT & DEMONSTRATION.

2,005 2,005

170 0204202N DDG–1000 ...................................................................... 112,576 112,576

174 0304785N ISR & INFO OPERATIONS ......................................... 136,140 133,781

Program decrease .......................................................... [–2,359 ]

175 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOP-

MENT.

26,318 26,318

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

5,910,089 5,971,232

MANAGEMENT SUPPORT

176 0604256N THREAT SIMULATOR DEVELOPMENT .................. 20,862 20,862

177 0604258N TARGET SYSTEMS DEVELOPMENT ....................... 12,113 12,113

178 0604759N MAJOR T&E INVESTMENT ....................................... 84,617 84,617

179 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ........ 3,108 3,108

180 0605154N CENTER FOR NAVAL ANALYSES ........................... 38,590 38,590

183 0605804N TECHNICAL INFORMATION SERVICES ................ 934 934

184 0605853N MANAGEMENT, TECHNICAL & INTER-

NATIONAL SUPPORT.

93,966 93,966

185 0605856N STRATEGIC TECHNICAL SUPPORT ....................... 3,538 3,538

186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ............... 135,149 135,149

187 0605864N TEST AND EVALUATION SUPPORT ....................... 429,277 429,277

188 0605865N OPERATIONAL TEST AND EVALUATION CAPA-

BILITY.

24,872 24,872

189 0605866N NAVY SPACE AND ELECTRONIC WARFARE

(SEW) SUPPORT.

17,653 17,653

190 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUP-

PORT.

8,065 8,065

191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ....... 47,042 44,042

Wargaming capability project restructured ................ [–3,000 ]

192 0605898N MANAGEMENT HQ—R&D ......................................... 35,614 35,614

193 0606355N WARFARE INNOVATION MANAGEMENT ............. 38,958 38,958

194 0305327N INSIDER THREAT ....................................................... 2,581 2,581

195 0902498N MANAGEMENT HEADQUARTERS (DEPART-

MENTAL SUPPORT ACTIVITIES).

1,747 1,747

SUBTOTAL MANAGEMENT SUPPORT ............... 998,686 995,686

OPERATIONAL SYSTEMS DEVELOPMENT

199 0604840M F–35 C2D2 ..................................................................... 515,746 515,746

200 0604840N F–35 C2D2 ..................................................................... 481,962 481,962

201 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYS-

TEMS (MARFORRES).

65,381 65,381

202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY

(CEC).

176,486 176,486

203 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUP-

PORT.

177,098 198,998

D5LE2 integration and test early to need .................. [–2,100 ]

Next generation strategic inertial measurement unit [9,000 ]

Strategic weapons system shipboard navigation mod-

ernization.

[15,000 ]

204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ......... 45,775 45,775

205 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOP-

MENT.

64,752 64,752

206 0101402N NAVY STRATEGIC COMMUNICATIONS ................. 35,451 35,451

207 0204136N F/A–18 SQUADRONS ................................................... 189,224 196,224

Program increase—neural network algorithms on

advanced processors.

[3,000 ]

Program increase—noise reduction research .............. [4,000 ]

208 0204228N SURFACE SUPPORT ................................................... 13,733 13,733

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135 STAT. 2280 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

209 0204229N TOMAHAWK AND TOMAHAWK MISSION PLAN-

NING CENTER (TMPC).

132,181 132,181

210 0204311N INTEGRATED SURVEILLANCE SYSTEM ............... 84,276 84,276

211 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 6,261 6,261

212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DIS-

PLACEMENT CRAFT).

1,657 1,657

213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 21,367 68,367

Marine Corps UFR—Air traffic control Block IV de-

velopment.

[23,000 ]

Marine Corps UFR—Radar signal processor refresh [12,000 ]

Marine Corps UFR—Software mods to implement

NIFC.

[12,000 ]

214 0204571N CONSOLIDATED TRAINING SYSTEMS DEVEL-

OPMENT.

56,741 56,741

215 0204575N ELECTRONIC WARFARE (EW) READINESS SUP-

PORT.

62,006 62,006

216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT ........ 133,520 125,823

Program decrease .......................................................... [–7,697 ]

217 0205620N SURFACE ASW COMBAT SYSTEM INTEGRA-

TION.

28,804 28,804

218 0205632N MK–48 ADCAP .............................................................. 114,492 114,492

219 0205633N AVIATION IMPROVEMENTS .................................... 132,486 132,486

220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ...... 113,760 113,760

221 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .. 89,897 92,697

Compact solid state antenna—USMC UPL ................ [2,800 ]

222 0206335M COMMON AVIATION COMMAND AND CONTROL

SYSTEM (CAC2S).

9,324 12,824

Marine Corps UFR—Software development for NIFC

integration.

[3,500 ]

223 0206623M MARINE CORPS GROUND COMBAT/SUP-

PORTING ARMS SYSTEMS.

108,235 108,235

224 0206624M MARINE CORPS COMBAT SERVICES SUPPORT .. 13,185 13,185

225 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE

SYSTEMS (MIP).

37,695 44,295

Marine Corps UFR—G-BOSS High Definition mod-

ernization.

[3,700 ]

Marine Corps UFR—SCINet transition ...................... [2,900 ]

226 0206629M AMPHIBIOUS ASSAULT VEHICLE .......................... 7,551 7,551

227 0207161N TACTICAL AIM MISSILES ......................................... 23,881 23,881

228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MIS-

SILE (AMRAAM).

32,564 32,564

229 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,101 3,101

234 0303138N AFLOAT NETWORKS .................................................. 30,890 35,690

Navy UFR—Accelerate Naval Tactical Grid Develop-

ment for Joint All-Domain Command and Control

(JADC2).

[4,800 ]

235 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,311 33,311

236 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) AC-

TIVITIES.

7,514 7,514

237 0305204N TACTICAL UNMANNED AERIAL VEHICLES ........ 9,837 9,837

238 0305205N UAS INTEGRATION AND INTEROPERABILITY ... 9,797 9,797

239 0305208M DISTRIBUTED COMMON GROUND/SURFACE

SYSTEMS.

38,800 38,800

240 0305220N MQ–4C TRITON ........................................................... 13,029 13,029

241 0305231N MQ–8 UAV .................................................................... 26,543 26,543

242 0305232M RQ–11 UAV ................................................................... 533 533

243 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...... 1,772 1,772

245 0305241N MULTI-INTELLIGENCE SENSOR DEVELOP-

MENT.

59,252 59,252

246 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAY-

LOADS (MIP).

9,274 9,274

247 0305251N CYBERSPACE OPERATIONS FORCES AND

FORCE SUPPORT.

36,378 36,378

248 0305421N RQ–4 MODERNIZATION ............................................ 134,323 134,323

249 0307577N INTELLIGENCE MISSION DATA (IMD) .................. 907 907

250 0308601N MODELING AND SIMULATION SUPPORT ............ 9,772 9,772

251 0702207N DEPOT MAINTENANCE (NON-IF) ........................... 36,880 41,880

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135 STAT. 2281 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

CPF—defense industrial skills and technology train-

ing.

[5,000 ]

252 0708730N MARITIME TECHNOLOGY (MARITECH) ................ 3,329 3,329

999 9999999999 CLASSIFIED PROGRAMS .......................................... 1,872,586 1,872,586

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

5,313,319 5,404,222

SOFTWARE AND DIGITAL TECHNOLOGY

PILOT PROGRAMS

UNDISTRIBUTED

254 0608013N RISK MANAGEMENT INFORMATION—SOFT-

WARE PILOT PROGRAM.

13,703 13,703

255 0608113N NAVY NEXT GENERATION ENTERPRISE NET-

WORK (NGEN)—SOFTWARE PILOT PROGRAM.

955,151 955,151

256 0608231N MARITIME TACTICAL COMMAND AND CON-

TROL (MTC2)—SOFTWARE PILOT PROGRAM.

14,855 14,855

SUBTOTAL SOFTWARE AND DIGITAL TECH-

NOLOGY PILOT PROGRAMS.

983,709 983,709

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, NAVY.

22,639,362 23,101,189

RESEARCH, DEVELOPMENT, TEST & EVAL,

BASIC RESEARCH

001 0601102F DEFENSE RESEARCH SCIENCES ........................... 328,303 347,823

Program increase—basic research ............................... [19,520 ]

002 0601103F UNIVERSITY RESEARCH INITIATIVES ................. 162,403 193,903

CPF—neural-enabled prosthetics ................................ [1,500 ]

University research programs ...................................... [30,000 ]

SUBTOTAL BASIC RESEARCH ............................. 490,706 541,726

APPLIED RESEARCH

004 0602020F FUTURE AF CAPABILITIES APPLIED RE-

SEARCH.

79,901 79,901

005 0602102F MATERIALS .................................................................. 113,460 145,460

Continuous composites 3D printing ............................. [7,000 ]

CPF—affordable multifunctional aerospace compos-

ites.

[10,000 ]

Digital maintenance advisor ........................................ [5,000 ]

High energy synchrotron x-ray research ..................... [5,000 ]

Maturation of carbon/carbon thermal protection sys-

tems.

[5,000 ]

006 0602201F AEROSPACE VEHICLE TECHNOLOGIES ............... 163,032 170,532

Ground test and development of hypersonic engines [5,000 ]

Nano-UAS for the military warfighter ........................ [2,500 ]

007 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 136,273 136,273

008 0602203F AEROSPACE PROPULSION ....................................... 174,683 181,683

Low-cost small turbine engine research ...................... [7,000 ]

009 0602204F AEROSPACE SENSORS .............................................. 198,918 461,918

Chip-locking microelectronics security ........................ [6,000 ]

Cyber assurance and assessment of electronic hard-

ware systems.

[7,000 ]

Microelectronics research network .............................. [250,000 ]

011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT—

MAJOR HEADQUARTERS ACTIVITIES.

8,891 8,891

012 0602602F CONVENTIONAL MUNITIONS ................................. 151,757 151,757

013 0602605F DIRECTED ENERGY TECHNOLOGY ....................... 111,052 113,552

CPF—directed energy research and education for

workforce development.

[2,500 ]

014 0602788F DOMINANT INFORMATION SCIENCES AND

METHODS.

169,110 181,110

CPF—assessment of a national laboratory for trans-

formational computing.

[2,000 ]

Program increase—quantum network testbed ........... [10,000 ]

SUBTOTAL APPLIED RESEARCH ....................... 1,307,077 1,631,077

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135 STAT. 2282 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

ADVANCED TECHNOLOGY DEVELOPMENT

017 0603032F FUTURE AF INTEGRATED TECHNOLOGY

DEMOS.

131,643 187,643

Procure Valkyrie aircraft .............................................. [75,000 ]

Program reduction ........................................................ [–19,000 ]

018 0603112F ADVANCED MATERIALS FOR WEAPON SYS-

TEMS.

31,905 41,905

Metals affordability research ....................................... [10,000 ]

019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY

(S&T).

21,057 21,057

020 0603203F ADVANCED AEROSPACE SENSORS ....................... 45,464 54,764

Authorization software for autonomous sensors ........ [9,300 ]

021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ............... 70,486 85,486

Enhanced capability hypersonic airbreathing testbed [15,000 ]

022 0603216F AEROSPACE PROPULSION AND POWER TECH-

NOLOGY.

75,273 159,773

CPF—development of advanced propulsion tech-

nologies for hypersonic systems.

[5,000 ]

Ground testing of reusable high mach turbine en-

gines.

[20,000 ]

Next generation UAS propulsion development ........... [30,000 ]

Reusable high mach turbine engine ............................ [29,500 ]

023 0603270F ELECTRONIC COMBAT TECHNOLOGY ................. 46,591 46,591

026 0603456F HUMAN EFFECTIVENESS ADVANCED TECH-

NOLOGY DEVELOPMENT.

24,589 24,589

027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ........ 157,423 157,423

028 0603605F ADVANCED WEAPONS TECHNOLOGY .................. 28,258 33,258

Program increase—LIDAR CUAS automated target

recognition.

[5,000 ]

029 0603680F MANUFACTURING TECHNOLOGY PROGRAM ..... 45,259 157,259

Aerospace and defense supply ecosystem ................... [6,000 ]

CPF—additive manufacturing and ultra-high per-

formance concrete.

[5,000 ]

Program increase .......................................................... [70,000 ]

Smart manufacturing digital thread initiative ........... [10,000 ]

Sustainment and modernization research and devel-

opment program.

[7,000 ]

Universal robotic controller .......................................... [6,000 ]

Virtual, augmented, and mixed reality readiness ...... [8,000 ]

030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT

AND DEMONSTRATION.

56,772 56,772

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

734,720 1,026,520

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ..... 5,795 5,795

032 0603742F COMBAT IDENTIFICATION TECHNOLOGY .......... 21,939 21,939

033 0603790F NATO RESEARCH AND DEVELOPMENT ............... 4,114 4,114

034 0603851F INTERCONTINENTAL BALLISTIC MISSILE—

DEM/VAL.

49,621 49,621

036 0604001F NC3 ADVANCED CONCEPTS .................................... 6,900 6,900

037 0604002F AIR FORCE WEATHER SERVICES RESEARCH .... 986 986

038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM

(ABMS).

203,849 203,849

039 0604004F ADVANCED ENGINE DEVELOPMENT ................... 123,712 380,712

Program increase—AETP ............................................. [257,000 ]

040 0604006F ARCHITECTURE INITIATIVES ................................. 82,438 128,438

Acceleration of tactical datalink waveform ................. [80,000 ]

Program decrease .......................................................... [–34,000 ]

041 0604015F LONG RANGE STRIKE—BOMBER ........................... 2,872,624 2,872,624

042 0604032F DIRECTED ENERGY PROTOTYPING ...................... 10,820 10,820

043 0604033F HYPERSONICS PROTOTYPING ................................ 438,378 438,378

044 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 39,742 39,742

045 0604257F ADVANCED TECHNOLOGY AND SENSORS .......... 23,745 23,745

046 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER 95,788 95,788

047 0604317F TECHNOLOGY TRANSFER ....................................... 15,768 23,268

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135 STAT. 2283 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

Program increase—academic partnership inter-

mediary agreement tech transfer.

[7,500 ]

048 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT

SYSTEM (HDBTDS) PROGRAM.

15,886 15,886

049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 71,229 71,229

050 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE

R&D.

40,103 40,103

051 0604858F TECH TRANSITION PROGRAM ................................ 343,545 442,545

Blended wing body prototype phase 1 ......................... [15,000 ]

C–17 active winglets phase 1 ....................................... [2,000 ]

KC–135 winglets ........................................................... [2,000 ]

NORTHCOM UFR—Proliferated low earth orbit Arc-

tic communications.

[80,000 ]

052 0605230F GROUND BASED STRATEGIC DETERRENT ......... 2,553,541 2,553,541

054 0207110F NEXT GENERATION AIR DOMINANCE ................. 1,524,667 1,524,667

055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR

(3DELRR).

50,000

Build command and control framework ...................... [50,000 ]

056 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) ......... 10,905 10,905

057 0208030F WAR RESERVE MATERIEL—AMMUNITION ......... 3,943 3,943

059 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL

EA).

43,881 43,881

061 0305601F MISSION PARTNER ENVIRONMENTS ................... 16,420 16,420

062 0306250F CYBER OPERATIONS TECHNOLOGY SUPPORT .. 242,499 282,499

Coordination with private sector to protect against

foreign malicious cyber actors.

[15,000 ]

CYBERCOM UFR enhanced attribution transition ... [25,000 ]

063 0306415F ENABLED CYBER ACTIVITIES ................................ 16,578 16,578

066 0901410F CONTRACTING INFORMATION TECHNOLOGY

SYSTEM.

20,343 20,343

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

8,899,759 9,399,259

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

078 0604200F FUTURE ADVANCED WEAPON ANALYSIS &

PROGRAMS.

23,499 23,499

079 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 167,520 167,520

080 0604222F NUCLEAR WEAPONS SUPPORT .............................. 30,050 30,050

081 0604270F ELECTRONIC WARFARE DEVELOPMENT ............ 2,110 2,110

082 0604281F TACTICAL DATA NETWORKS ENTERPRISE ........ 169,836 169,836

083 0604287F PHYSICAL SECURITY EQUIPMENT ....................... 8,469 8,469

085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ............ 9,047 9,047

086 0604604F SUBMUNITIONS .......................................................... 2,954 2,954

087 0604617F AGILE COMBAT SUPPORT ....................................... 16,603 16,603

089 0604706F LIFE SUPPORT SYSTEMS ......................................... 25,437 25,437

090 0604735F COMBAT TRAINING RANGES .................................. 23,980 34,180

Air Force combat training ranges ................................ [7,200 ]

Gulf test range improvement ....................................... [3,000 ]

092 0604932F LONG RANGE STANDOFF WEAPON ...................... 609,042 609,042

093 0604933F ICBM FUZE MODERNIZATION ................................ 129,709 129,709

095 0605056F OPEN ARCHITECTURE MANAGEMENT ................ 37,109 37,109

096 0605221F KC–46 ............................................................................. 1 1

097 0605223F ADVANCED PILOT TRAINING ................................. 188,898 188,898

098 0605229F HH–60W ........................................................................ 66,355 30,506

Early to need—capability upgrades and moderniza-

tion.

[–35,849 ]

101 0207171F F–15 EPAWSS ............................................................... 112,012 112,012

102 0207328F STAND IN ATTACK WEAPON ................................... 166,570 166,570

103 0207701F FULL COMBAT MISSION TRAINING ...................... 7,064 12,064

Program increase—airborne augmented reality for

pilot training.

[5,000 ]

105 0401221F KC–46A TANKER SQUADRONS ................................ 73,459 67,459

Underexecution ............................................................. [–6,000 ]

107 0401319F VC–25B .......................................................................... 680,665 655,665

Early to need ................................................................. [–25,000 ]

108 0701212F AUTOMATED TEST SYSTEMS .................................. 15,445 15,445

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135 STAT. 2284 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

109 0804772F TRAINING DEVELOPMENTS .................................... 4,482 4,482

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

2,570,316 2,518,667

MANAGEMENT SUPPORT

124 0604256F THREAT SIMULATOR DEVELOPMENT .................. 41,909 41,909

125 0604759F MAJOR T&E INVESTMENT ....................................... 130,766 130,766

126 0605101F RAND PROJECT AIR FORCE .................................... 36,017 36,017

128 0605712F INITIAL OPERATIONAL TEST & EVALUATION ... 12,582 12,582

129 0605807F TEST AND EVALUATION SUPPORT ....................... 811,032 811,032

131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT

SYS.

243,796 243,796

132 0605828F ACQ WORKFORCE- GLOBAL REACH ..................... 435,930 435,930

133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS

SYS.

435,274 435,274

135 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,806 243,806

136 0605832F ACQ WORKFORCE- ADVANCED PRGM TECH-

NOLOGY.

103,041 103,041

137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS .............. 226,055 226,055

138 0605898F MANAGEMENT HQ—R&D ......................................... 4,079 4,079

139 0605976F FACILITIES RESTORATION AND MODERNIZA-

TION—TEST AND EVALUATION SUPPORT.

70,788 70,788

140 0605978F FACILITIES SUSTAINMENT—TEST AND EVAL-

UATION SUPPORT.

30,057 30,057

141 0606017F REQUIREMENTS ANALYSIS AND MATURATION 85,799 80,799

Program decrease .......................................................... [–5,000 ]

142 0606398F MANAGEMENT HQ—T&E ......................................... 6,163 6,163

143 0303166F SUPPORT TO INFORMATION OPERATIONS (IO)

CAPABILITIES.

537 537

144 0303255F COMMAND, CONTROL, COMMUNICATION, AND

COMPUTERS (C4)—STRATCOM.

25,340 35,340

Program increase—NC3 rapid engineering architec-

ture collaboration hub.

[10,000 ]

145 0308602F ENTERPRISE INFORMATION SERVICES (EIS) .... 28,720 28,720

146 0702806F ACQUISITION AND MANAGEMENT SUPPORT .... 37,211 37,211

147 0804731F GENERAL SKILL TRAINING .................................... 1,506 1,506

148 0804772F TRAINING DEVELOPMENTS .................................... 2,957 2,957

150 1001004F INTERNATIONAL ACTIVITIES ................................. 2,420 2,420

156 1206864F SPACE TEST PROGRAM (STP) .................................. 3 3

SUBTOTAL MANAGEMENT SUPPORT ............... 3,015,788 3,020,788

OPERATIONAL SYSTEMS DEVELOPMENT

157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT

TRAINING.

5,509 5,509

158 0604445F WIDE AREA SURVEILLANCE ................................... 2,760 2,760

160 0604840F F–35 C2D2 ..................................................................... 985,404 985,404

161 0605018F AF INTEGRATED PERSONNEL AND PAY SYS-

TEM (AF-IPPS).

22,010 22,010

162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE

AGENCY.

51,492 51,492

163 0605117F FOREIGN MATERIEL ACQUISITION AND EX-

PLOITATION.

71,391 71,391

164 0605278F HC/MC–130 RECAP RDT&E ....................................... 46,796 46,796

165 0606018F NC3 INTEGRATION .................................................... 26,532 26,532

167 0101113F B–52 SQUADRONS ...................................................... 715,811 660,811

CERP rapid prototyping materiel contract delay ....... [–55,000 ]

168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ........... 453 453

169 0101126F B–1B SQUADRONS ...................................................... 29,127 29,127

170 0101127F B–2 SQUADRONS ........................................................ 144,047 144,047

171 0101213F MINUTEMAN SQUADRONS ...................................... 113,622 113,622

172 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICA-

TIONS.

15,202 15,202

174 0101328F ICBM REENTRY VEHICLES ...................................... 96,313 96,313

176 0102110F UH–1N REPLACEMENT PROGRAM ........................ 16,132 16,132

177 0102326F REGION/SECTOR OPERATION CONTROL CEN-

TER MODERNIZATION PROGRAM.

771 771

178 0102412F NORTH WARNING SYSTEM (NWS) ......................... 99 25,199

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135 STAT. 2285 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

NORTHCOM UFR—Over the horizon radar .............. [25,100 ]

179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR ...... 42,300 42,300

180 0202834F VEHICLES AND SUPPORT EQUIPMENT—GEN-

ERAL.

5,889 5,889

181 0205219F MQ–9 UAV .................................................................... 85,135 84,121

Early to need—program protection technology inser-

tion.

[–1,014 ]

182 0205671F JOINT COUNTER RCIED ELECTRONIC WAR-

FARE.

3,111 3,111

183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE

EQUIPMENT.

36,607 36,607

184 0207131F A–10 SQUADRONS ...................................................... 39,224 39,224

185 0207133F F–16 SQUADRONS ...................................................... 224,573 224,573

186 0207134F F–15E SQUADRONS .................................................... 239,616 239,616

187 0207136F MANNED DESTRUCTIVE SUPPRESSION .............. 15,855 15,855

188 0207138F F–22A SQUADRONS .................................................... 647,296 647,296

189 0207142F F–35 SQUADRONS ...................................................... 69,365 69,365

190 0207146F F–15EX .......................................................................... 118,126 118,126

191 0207161F TACTICAL AIM MISSILES ......................................... 32,974 32,974

192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MIS-

SILE (AMRAAM).

51,288 51,288

193 0207227F COMBAT RESCUE—PARARESCUE ......................... 852 852

194 0207247F AF TENCAP .................................................................. 23,685 23,685

195 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 12,083 12,083

196 0207253F COMPASS CALL .......................................................... 91,266 91,266

197 0207268F AIRCRAFT ENGINE COMPONENT IMPROVE-

MENT PROGRAM.

103,715 103,715

198 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE

(JASSM).

117,325 117,325

199 0207327F SMALL DIAMETER BOMB (SDB) ............................. 27,109 27,109

200 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ......... 3 3

201 0207412F CONTROL AND REPORTING CENTER (CRC) ........ 9,875 9,875

202 0207417F AIRBORNE WARNING AND CONTROL SYSTEM

(AWACS).

171,014 171,014

203 0207418F AFSPECWAR—TACP ................................................... 4,598 4,598

205 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVI-

TIES.

21,863 21,863

206 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ..... 7,905 7,905

207 0207439F ELECTRONIC WARFARE INTEGRATED RE-

PROGRAMMING (EWIR).

15,000 15,000

208 0207444F TACTICAL AIR CONTROL PARTY-MOD ................. 13,081 13,081

209 0207452F DCAPES ......................................................................... 4,305 4,305

210 0207521F AIR FORCE CALIBRATION PROGRAMS ................. 1,984 1,984

211 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) ......... 7,392 7,392

212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 1,971 1,971

213 0207590F SEEK EAGLE ............................................................... 30,539 30,539

214 0207601F USAF MODELING AND SIMULATION .................... 17,110 17,110

215 0207605F WARGAMING AND SIMULATION CENTERS ......... 7,535 7,535

216 0207610F BATTLEFIELD ABN COMM NODE (BACN) ............ 32,008 32,008

217 0207697F DISTRIBUTED TRAINING AND EXERCISES ......... 4,007 4,007

218 0208006F MISSION PLANNING SYSTEMS ............................... 92,557 92,557

219 0208007F TACTICAL DECEPTION ............................................. 489 489

220 0208064F OPERATIONAL HQ—CYBER ..................................... 2,115 2,115

221 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 72,487 72,487

222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ....... 18,449 18,449

223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 79,079 79,079

224 0208099F UNIFIED PLATFORM (UP) ........................................ 101,893 101,893

228 0208288F INTEL DATA APPLICATIONS ................................... 493 493

229 0301025F GEOBASE ...................................................................... 2,782 2,782

231 0301113F CYBER SECURITY INTELLIGENCE SUPPORT ..... 5,224 5,224

238 0301401F AIR FORCE SPACE AND CYBER NON-TRADI-

TIONAL ISR FOR BATTLESPACE AWARENESS.

2,463 2,463

239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CEN-

TER (NAOC).

26,331 26,331

240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMU-

NICATIONS NETWORK (MEECN).

58,165 58,165

242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 8,032 8,032

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135 STAT. 2286 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIA-

TIVE.

452 452

244 0303248F ALL DOMAIN COMMON PLATFORM ...................... 64,000 64,000

246 0304260F AIRBORNE SIGINT ENTERPRISE ............................ 97,546 93,546

Excess carryover—special projects .............................. [–4,000 ]

247 0304310F COMMERCIAL ECONOMIC ANALYSIS ................... 3,770 8,770

CPF—mobilizing civilian expertise for national secu-

rity education on geo-economics, and innovation in

the era of great power competition.

[5,000 ]

251 0305020F CCMD INTELLIGENCE INFORMATION TECH-

NOLOGY.

1,663 1,663

252 0305022F ISR MODERNIZATION & AUTOMATION DVMT

(IMAD).

18,888 15,888

Excess to need ............................................................... [–3,000 ]

253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ... 4,672 4,672

254 0305103F CYBER SECURITY INITIATIVE ................................ 290 290

255 0305111F WEATHER SERVICE ................................................... 26,228 36,228

Program increase—commercial weather data pilot .... [10,000 ]

256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND

LANDING SYSTEM (ATCALS).

8,749 8,749

257 0305116F AERIAL TARGETS ....................................................... 1,528 126,528

Unmanned adversary air platforms ............................ [125,000 ]

260 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ..... 223 223

262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE AC-

TIVITIES.

8,733 8,733

264 0305179F INTEGRATED BROADCAST SERVICE (IBS) .......... 21,335 21,335

265 0305202F DRAGON U–2 ............................................................... 17,146 35,846

Air Force UFR—Antenna replacement ....................... [18,700 ]

267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ............ 71,791 151,291

Air Force UFR—ASARS processor and antenna de-

velopment.

[67,000 ]

Program increase—wide area motion imagery ........... [12,500 ]

268 0305207F MANNED RECONNAISSANCE SYSTEMS ............... 14,799 14,799

269 0305208F DISTRIBUTED COMMON GROUND/SURFACE

SYSTEMS.

24,568 24,568

270 0305220F RQ–4 UAV ..................................................................... 83,124 83,124

271 0305221F NETWORK-CENTRIC COLLABORATIVE TAR-

GETING.

17,224 17,224

272 0305238F NATO AGS .................................................................... 19,473 19,473

273 0305240F SUPPORT TO DCGS ENTERPRISE .......................... 40,421 40,421

274 0305600F INTERNATIONAL INTELLIGENCE TECH-

NOLOGY AND ARCHITECTURES.

14,473 14,473

275 0305881F RAPID CYBER ACQUISITION ................................... 4,326 4,326

276 0305984F PERSONNEL RECOVERY COMMAND & CTRL

(PRC2).

2,567 2,567

277 0307577F INTELLIGENCE MISSION DATA (IMD) .................. 6,169 6,169

278 0401115F C–130 AIRLIFT SQUADRON ...................................... 9,752 9,752

279 0401119F C–5 AIRLIFT SQUADRONS (IF) ................................ 17,507 17,507

280 0401130F C–17 AIRCRAFT (IF) ................................................... 16,360 16,360

281 0401132F C–130J PROGRAM ....................................................... 14,112 14,112

282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES

(LAIRCM).

5,540 5,540

283 0401218F KC–135S ........................................................................ 3,564 3,564

285 0401318F CV–22 ............................................................................. 17,189 17,189

286 0408011F SPECIAL TACTICS / COMBAT CONTROL ............... 6,640 6,640

288 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 26,921 26,921

289 0708610F LOGISTICS INFORMATION TECHNOLOGY

(LOGIT).

7,071 7,071

291 0804743F OTHER FLIGHT TRAINING ...................................... 1,999 1,999

293 0901202F JOINT PERSONNEL RECOVERY AGENCY ............ 1,841 1,841

294 0901218F CIVILIAN COMPENSATION PROGRAM .................. 3,560 3,560

295 0901220F PERSONNEL ADMINISTRATION ............................. 3,368 3,368

296 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY .. 1,248 1,248

297 0901538F FINANCIAL MANAGEMENT INFORMATION SYS-

TEMS DEVELOPMENT.

4,852 4,852

301 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 6,737 6,737

999 9999999999 CLASSIFIED PROGRAMS .......................................... 15,868,973 15,868,973

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135 STAT. 2287 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

21,743,006 21,943,292

SOFTWARE AND DIGITAL TECHNOLOGY

PILOT PROGRAMS

317 0608158F STRATEGIC MISSION PLANNING AND EXECU-

TION SYSTEM—SOFTWARE PILOT PROGRAM.

96,100 96,100

318 0608410F AIR & SPACE OPERATIONS CENTER (AOC)—

SOFTWARE PILOT PROGRAM.

186,918 186,918

319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND

MANAGEMENT SYSTEM (DEAMS)—SOFT-

WARE PILOT PRO.

135,263 135,263

SUBTOTAL SOFTWARE AND DIGITAL TECH-

NOLOGY PILOT PROGRAMS.

418,281 418,281

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, AF.

39,179,653 40,499,610

RDTE, SPACE FORCE

APPLIED RESEARCH

001 1206601SF SPACE TECHNOLOGY ............................................... 181,209 201,709

Battery cycle life improvements .................................. [3,000 ]

Program increase—hybrid space architecture ............ [5,000 ]

Program increase—radiation hardened micro-

processor.

[5,000 ]

Program increase—university consortia for space

technology.

[7,500 ]

SUBTOTAL APPLIED RESEARCH ....................... 181,209 201,709

ADVANCED TECHNOLOGY DEVELOPMENT

002 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOP-

MENT/DEMO.

75,919 136,919

Space Force UFR—accelerate cislunar flight experi-

ment.

[61,000 ]

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

75,919 136,919

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM

(USER EQUIPMENT) (SPACE).

434,194 434,194

004 1203710SF EO/IR WEATHER SYSTEMS ...................................... 162,274 162,274

005 1203905SF SPACE SYSTEM SUPPORT ........................................ 37,000 37,000

006 1206422SF WEATHER SYSTEM FOLLOW-ON ........................... 61,521 61,521

007 1206425SF SPACE SITUATION AWARENESS SYSTEMS ......... 123,262 130,262

Space Force UFR—Maui optical site ........................... [7,000 ]

008 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS

(SSPT).

101,851 129,851

Space Force UFR—Expand Blackjack radio fre-

quency payloads.

[28,000 ]

009 1206438SF SPACE CONTROL TECHNOLOGY ............................ 32,931 32,931

010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM ...... 56,546 71,546

Program increase .......................................................... [15,000 ]

011 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE

(PTES).

100,320 100,320

012 1206761SF PROTECTED TACTICAL SERVICE (PTS) ................ 243,285 243,285

013 1206855SF EVOLVED STRATEGIC SATCOM (ESS) ................... 160,056 160,056

014 1206857SF SPACE RAPID CAPABILITIES OFFICE ................... 66,193 66,193

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

1,579,433 1,629,433

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

015 1203269SF GPS III FOLLOW-ON (GPS IIIF) ............................... 264,265 264,265

016 1203940SF SPACE SITUATION AWARENESS OPERATIONS .. 56,279 56,279

017 1206421SF COUNTERSPACE SYSTEMS ...................................... 38,063 38,063

018 1206422SF WEATHER SYSTEM FOLLOW-ON ........................... 1,438 1,438

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135 STAT. 2288 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

019 1206425SF SPACE SITUATION AWARENESS SYSTEMS ......... 127,026 136,026

Space Force UFR—Add space domain rapid innova-

tion pathfinders.

[9,000 ]

020 1206431SF ADVANCED EHF MILSATCOM (SPACE) ................. 28,218 28,218

021 1206432SF POLAR MILSATCOM (SPACE) ................................... 127,870 127,870

022 1206442SF NEXT GENERATION OPIR ........................................ 2,451,256 2,451,256

023 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTE-

GRATION.

23,400 23,400

024 1206853SF NATIONAL SECURITY SPACE LAUNCH PRO-

GRAM (SPACE)—EMD.

221,510 280,710

Maintain competition for Ph3—DOD unique require-

ments.

[50,000 ]

Space Force UFR—Liquid oxygen explosive tests ...... [9,200 ]

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

3,339,325 3,407,525

MANAGEMENT SUPPORT

025 1206116SF SPACE TEST AND TRAINING RANGE DEVELOP-

MENT.

19,319 52,619

Space Force UFR—signal emulation generation sub-

system.

[33,300 ]

026 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYS-

TEMS.

214,051 214,051

027 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA ...... 12,119 12,119

028 1206759SF MAJOR T&E INVESTMENT—SPACE ....................... 71,503 71,503

029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 17,769 21,769

CPF—small rocket program ......................................... [4,000 ]

030 1206862SF TACTICALLY RESPONSIVE LAUNCH ..................... 50,000

Program increase .......................................................... [50,000 ]

031 1206864SF SPACE TEST PROGRAM (STP) .................................. 20,881 20,881

SUBTOTAL MANAGEMENT SUPPORT ............... 355,642 442,942

OPERATIONAL SYSTEM DEVELOPMENT

033 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK

(GSIN).

4,731 4,731

034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS

(FAB-T).

156,788 156,788

035 1203040SF DCO-SPACE .................................................................. 2,150 2,150

036 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 112,012 112,012

037 1203110SF SATELLITE CONTROL NETWORK (SPACE) .......... 36,810 36,810

038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM

(SPACE AND CONTROL SEGMENTS).

1,966 1,966

039 1203173SF SPACE AND MISSILE TEST AND EVALUATION

CENTER.

1,699 5,699

Space Force UFR—Improve operations of payload

adapter.

[4,000 ]

040 1203174SF SPACE INNOVATION, INTEGRATION AND

RAPID TECHNOLOGY DEVELOPMENT.

18,054 33,354

Space Force UFR—Digitial core services for distrib-

uted space test and training.

[15,300 ]

041 1203182SF SPACELIFT RANGE SYSTEM (SPACE) ................... 11,115 23,115

CPF—tactically responsive launch/deployable space-

port.

[7,000 ]

Program increase .......................................................... [5,000 ]

042 1203265SF GPS III SPACE SEGMENT ......................................... 7,207 7,207

043 1203330SF SPACE SUPERIORITY ISR ......................................... 18,109 18,109

044 1203620SF NATIONAL SPACE DEFENSE CENTER .................. 1,280 1,280

045 1203873SF BALLISTIC MISSILE DEFENSE RADARS ............... 12,292 12,292

046 1203906SF NCMC—TW/AA SYSTEM ............................................ 9,858 9,858

047 1203913SF NUDET DETECTION SYSTEM (SPACE) .................. 45,887 45,887

048 1203940SF SPACE SITUATION AWARENESS OPERATIONS .. 64,763 64,763

049 1206423SF GLOBAL POSITIONING SYSTEM III—OPER-

ATIONAL CONTROL SEGMENT.

413,766 413,766

053 1206770SF ENTERPRISE GROUND SERVICES ......................... 191,713 191,713

999 9999999999 CLASSIFIED PROGRAMS .......................................... 4,474,809 4,680,009

Space Force UFR—classified ........................................ [205,200 ]

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135 STAT. 2289 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

SUBTOTAL OPERATIONAL SYSTEM DEVEL-

OPMENT.

5,585,009 5,821,509

SOFTWARE & DIGITAL TECHNOLOGY PILOT

PROGRAMS

UNDISTRIBUTED

054 1203614SF JSPOC MISSION SYSTEM ......................................... 154,529 154,529

SUBTOTAL SOFTWARE & DIGITAL TECH-

NOLOGY PILOT PROGRAMS.

154,529 154,529

TOTAL RDTE, SPACE FORCE ............................... 11,271,066 11,794,566

RESEARCH, DEVELOPMENT, TEST & EVAL,

BASIC RESEARCH

001 0601000BR DTRA BASIC RESEARCH ........................................... 11,828 12,705

Program increase .......................................................... [877 ]

002 0601101E DEFENSE RESEARCH SCIENCES ........................... 395,781 454,281

Adversary Influence Operations (IO)—detection,

modeling, mitigation.

[5,000 ]

Artificial Intelligence (AI)—trustworthy, human in-

tegrated, robust.

[5,000 ]

Biotechnology for challenging environments .............. [7,000 ]

CPF—novel analytical and empirical approaches to

the prediction and monitoring of disease trans-

mission.

[1,500 ]

High assurance software systems—resilient, adapt-

able, trustworthy.

[5,000 ]

Increase for DARPA-funded university research ac-

tivities.

[15,000 ]

Program increase—ERI 2.0 .......................................... [20,000 ]

003 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 15,390 15,390

004 0601110D8Z BASIC RESEARCH INITIATIVES ............................. 39,828 77,061

Consortium to study irregular warfare ....................... [8,000 ]

CPF—Florida Memorial University Department of

Natural Sciences STEM equipment.

[400 ]

CPF—SOUTHCOM Enhanced Domain Awareness

(EDA) initiative.

[1,300 ]

DEPSCoR ....................................................................... [10,000 ]

Minerva management and social science research .... [13,000 ]

Program increase .......................................................... [4,533 ]

005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH

SCIENCE.

76,018 86,018

Assessing immune memory .......................................... [5,000 ]

Traumatic brain injury research ................................. [5,000 ]

006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM .... 112,195 132,195

Civics education ............................................................ [2,000 ]

CPF—Florida Memorial Avionics Smart Scholars ..... [1,000 ]

SMART scholarships for AI related education ........... [13,000 ]

SMART scholarships program increase ...................... [4,000 ]

007 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNI-

VERSITIES/MINORITY INSTITUTIONS.

31,136 73,247

CPF—augmenting quantum sensing research, edu-

cation, and training in DOD COE at DSU.

[1,111 ]

CPF—HBCU training for the future of aerospace ..... [1,000 ]

Program increase .......................................................... [40,000 ]

008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM.

34,708 37,208

Program increase—chemically resistant, high-per-

formance military cordage, rope, and webbing.

[2,500 ]

SUBTOTAL BASIC RESEARCH ............................. 716,884 888,105

APPLIED RESEARCH

009 0602000D8Z JOINT MUNITIONS TECHNOLOGY ........................ 19,591 19,591

010 0602115E BIOMEDICAL TECHNOLOGY ................................... 108,698 118,698

Bridging the gap after spinal cord injury ................... [5,000 ]

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135 STAT. 2290 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

Non-invasive neurotechnology rehabilitation take

home trials.

[5,000 ]

012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION ................ 22,918 82,918

6G and beyond experimentation efforts ...................... [50,000 ]

Artificial intelligence (AI)—trustworthy, human inte-

grated, robust.

[10,000 ]

013 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 55,692 55,692

014 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT

OF S&T PRIORITIES.

65,015 115,015

AI research and development ....................................... [50,000 ]

015 0602303E INFORMATION & COMMUNICATIONS TECH-

NOLOGY.

430,363 745,363

National Security Commission on Artificial Intel-

ligence implementation.

[200,000 ]

Program increase—AI, cyber, and data analytics ...... [15,000 ]

Quantum computing acceleration ................................ [100,000 ]

016 0602383E BIOLOGICAL WARFARE DEFENSE ........................ 31,421 31,421

017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM.

206,956 213,456

Biodetection system for joint force infrastructure

protection.

[6,500 ]

018 0602668D8Z CYBER SECURITY RESEARCH ................................ 15,380 35,380

AI-enabled cyber defense acceleration study .............. [10,000 ]

Program increase .......................................................... [10,000 ]

019 0602702E TACTICAL TECHNOLOGY ......................................... 202,515 249,515

MADFIRES .................................................................... [30,000 ]

Program increase—AI, cyber and data analytics ....... [17,000 ]

020 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ... 317,024 378,624

Adaptive immunomodulation-based therapeutics

(ElectRx).

[4,600 ]

Agile chemical manufacturing technologies (ACMT) [20,000 ]

Bioengineered electronics and electromagnetic de-

vices (Bio-INC).

[6,000 ]

Bioremediation of battlefields ...................................... [7,000 ]

Maritime materials technologies (M2T) ...................... [5,000 ]

Materiel protection through biologics .......................... [5,000 ]

Neuroprotection from brain injury .............................. [9,000 ]

Regenerative engineering for complex tissue regen-

eration & limb reconstruction.

[5,000 ]

021 0602716E ELECTRONICS TECHNOLOGY ................................. 357,384 393,384

Program increase—ERI 2.0 .......................................... [36,000 ]

022 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION

APPLIED RESEARCH.

197,011 197,011

023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) AP-

PLIED RESEARCH.

9,601 9,601

024 0602890D8Z HIGH ENERGY LASER RESEARCH ......................... 45,997 115,997

Directed energy innovation—improved beam control [50,000 ]

Joint Directed Energy Transition Office ..................... [20,000 ]

025 1160401BB SOF TECHNOLOGY DEVELOPMENT ...................... 44,829 48,829

Program increase—sustained human performance

and resilience.

[4,000 ]

SUBTOTAL APPLIED RESEARCH ....................... 2,130,395 2,810,495

ADVANCED TECHNOLOGY DEVELOPMENT

026 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .. 23,213 23,213

027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ...................... 4,665 4,665

028 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUP-

PORT.

69,376 69,376

029 0603133D8Z FOREIGN COMPARATIVE TESTING ....................... 25,432 25,432

031 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION

ADVANCED TECHNOLOGY DEVELOPMENT.

399,362 404,362

Reduced order models ................................................... [5,000 ]

032 0603176C ADVANCED CONCEPTS AND PERFORMANCE

ASSESSMENT.

15,800 29,700

BATMAA BMDS advanced technology ........................ [8,700 ]

MDA UFR—Cybersecurity improvements .................. [5,200 ]

033 0603180C ADVANCED RESEARCH ............................................ 21,466 26,466

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135 STAT. 2291 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

Program increase—high speed flight experiment

testing.

[5,000 ]

034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOP-

MENT &TRANSITION.

51,340 51,340

035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY

DEVELOPMENT.

19,063 19,063

036 0603286E ADVANCED AEROSPACE SYSTEMS ....................... 174,043 256,043

Glide breaker ................................................................. [20,000 ]

Hypersonic Air-Breathing Weapon Concept (HAWC) [37,000 ]

OpFires .......................................................................... [10,000 ]

Tactical Boost Glide (TBG) ........................................... [15,000 ]

037 0603287E SPACE PROGRAMS AND TECHNOLOGY ............... 101,524 186,524

Blackjack critical risk reduction .................................. [25,000 ]

Blackjack schedule assurance ...................................... [30,000 ]

Robotic Servicing of Geosynchronous Satellites

(RSGS).

[30,000 ]

038 0603288D8Z ANALYTIC ASSESSMENTS ....................................... 24,012 24,012

039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CON-

CEPTS.

51,513 51,513

042 0603338D8Z DEFENSE MODERNIZATION AND PROTO-

TYPING.

115,443 193,443

Defense critical supply chain documentation and

monitoring.

[3,000 ]

Rapid Innovation Program ........................................... [75,000 ]

043 0603342D8Z DEFENSE INNOVATION UNIT (DIU) ...................... 31,873 31,873

044 0603375D8Z TECHNOLOGY INNOVATION ................................... 54,433 54,433

045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—ADVANCED DEVELOPMENT.

197,824 197,824

046 0603527D8Z RETRACT LARCH ........................................................ 99,175 99,175

047 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 18,221 18,221

048 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEM-

ONSTRATIONS.

102,669 102,669

049 0603662D8Z NETWORKED COMMUNICATIONS CAPABILI-

TIES.

2,984 2,984

050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE

AND TECHNOLOGY PROGRAM.

134,022 380,322

Additive manufacturing training ................................. [5,000 ]

Biotechnology innovation—enabling modular and

scalable bioindustrial and resuable assets.

[200,000 ]

Certification-based workforce training programs for

manufacturing.

[3,000 ]

CPF—cold spray and rapid deposition lab .................. [1,300 ]

Cybersecurity for industrial control systems .............. [3,000 ]

Data analytics and visual system ................................ [3,000 ]

HPC-enabled advanced manufacturing ....................... [8,000 ]

Hypersonics advanced manufacturing ......................... [10,000 ]

Integrated silicon-based lasers ..................................... [10,000 ]

Virtual reality-enabled smart installation experi-

mentation.

[3,000 ]

051 0603680S MANUFACTURING TECHNOLOGY PROGRAM ..... 37,543 47,543

Program increase—steel performance initiative ........ [10,000 ]

053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEM-

ONSTRATIONS.

12,418 12,418

054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PRO-

GRAM.

51,863 81,863

Program increase—AFFF replacement, disposal, and

cleanup technology.

[15,000 ]

Program increase—PFAS remediation and disposal

technology.

[15,000 ]

055 0603720S MICROELECTRONICS TECHNOLOGY DEVELOP-

MENT AND SUPPORT.

160,821 160,821

056 0603727D8Z JOINT WARFIGHTING PROGRAM ........................... 2,169 2,169

057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ...... 116,716 140,716

Program increase—ERI 2.0 .......................................... [24,000 ]

058 0603760E COMMAND, CONTROL AND COMMUNICATIONS

SYSTEMS.

251,794 295,394

Classified increase ......................................................... [21,000 ]

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135 STAT. 2292 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

Deep water active sonar ............................................... [15,000 ]

Network UP ................................................................... [5,000 ]

SHARE alignment with OTNK research .................... [1,100 ]

SHARE ICN performance enhancements for oper-

ational use.

[1,500 ]

059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .. 584,771 779,246

Air combat evolution (ACE) ......................................... [8,200 ]

Artificial intelligence research activities ..................... [100,000 ]

Assault breaker II ......................................................... [50,000 ]

Classified increase ......................................................... [20,400 ]

Ocean of things .............................................................. [875 ]

Ocean of things phase 3 demonstration ...................... [10,000 ]

Timely information for maritime engagements

(TIMEly).

[5,000 ]

060 0603767E SENSOR TECHNOLOGY ............................................ 294,792 367,392

Classified increase ......................................................... [27,800 ]

SECTRE munitions digital twin for in theater/flight

target additions and performance improvements.

[4,400 ]

Systems of systems-enhanced small units (SESU) .... [4,400 ]

Thermal imaging technology experiment-recon

(TITE-R).

[36,000 ]

061 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECH-

NOLOGY DEVELOPMENT.

6,398 9,198

Systems of systems-enhanced small units (SESU) .... [2,800 ]

062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ................ 14,677 14,977

CODE enhancements for SESU ................................... [300 ]

065 0603924D8Z HIGH ENERGY LASER ADVANCED TECH-

NOLOGY PROGRAM.

107,397 107,397

066 0603941D8Z TEST & EVALUATION SCIENCE & TECH-

NOLOGY.

267,161 267,161

067 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,270 31,270

Program increase .......................................................... [10,000 ]

068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVE-

MENT.

74,300 74,300

070 0303310D8Z CWMD SYSTEMS ......................................................... 5,000

Data storage capabilities for special operations

forces.

[5,000 ]

074 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 93,415 98,415

SOF platform agnostic data storage capability .......... [5,000 ]

075 1206310SDA SPACE SCIENCE AND TECHNOLOGY RE-

SEARCH AND DEVELOPMENT.

172,638 172,638

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

4,007,596 4,920,571

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SE-

CURITY EQUIPMENT RDT&E ADC&P.

28,687 28,687

077 0603600D8Z WALKOFF ..................................................................... 108,652 108,652

078 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMA-

TION SERVICES.

5,000

CDO for ADA ................................................................. [5,000 ]

079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CER-

TIFICATION PROGRAM.

71,429 89,429

Military energy resilience catalyst .............................. [3,000 ]

Program increase—AFFF replacement, disposal, and

cleanup technology.

[5,000 ]

Program increase—PFAS remediation and disposal

technology.

[10,000 ]

080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DE-

FENSE SEGMENT.

277,949 213,382

Unjustified request, lacking acquisition strategy—

LHD.

[–64,567 ]

081 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DE-

FENSE SEGMENT.

745,144 740,144

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135 STAT. 2293 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

Unjustified growth—ground support and fire control

LHD lack of validated requirement and acquisition

strategy.

[–5,000 ]

082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—DEM/VAL.

129,445 129,445

083 0603884C BALLISTIC MISSILE DEFENSE SENSORS ............ 224,750 227,762

MDA UFR—Cybersecurity improvements .................. [3,012 ]

084 0603890C BMD ENABLING PROGRAMS ................................... 595,301 631,881

MDA UFR—Cybersecurity improvements .................. [44,830 ]

Unjustified growth—LHD lack of validated require-

ment and acquisition strategy.

[–8,250 ]

085 0603891C SPECIAL PROGRAMS—MDA ..................................... 413,374 413,374

086 0603892C AEGIS BMD .................................................................. 732,512 694,418

Layered homeland defense lack of requirement ......... [–86,494 ]

MDA UFR—Radar upgrades ........................................ [48,400 ]

087 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND

CONTROL, BATTLE MANAGEMENT AND

COMMUNICATI.

603,448 587,424

MDA UFR—Cybersecurity improvements .................. [2,000 ]

MDA UFR—JADC2 integration ................................... [4,476 ]

Unjustified growth—LHD lack of validated require-

ment and acquisition strategy.

[–22,500 ]

088 0603898C BALLISTIC MISSILE DEFENSE JOINT

WARFIGHTER SUPPORT.

50,594 50,594

089 0603904C MISSILE DEFENSE INTEGRATION & OPER-

ATIONS CENTER (MDIOC).

52,403 52,403

090 0603906C REGARDING TRENCH ............................................... 11,952 11,952

091 0603907C SEA BASED X-BAND RADAR (SBX) ......................... 147,241 147,241

092 0603913C ISRAELI COOPERATIVE PROGRAMS ..................... 300,000 300,000

093 0603914C BALLISTIC MISSILE DEFENSE TEST .................... 362,906 362,906

094 0603915C BALLISTIC MISSILE DEFENSE TARGETS ............ 553,334 568,784

Advanced target front end configuration 3 tech mat-

uration.

[5,000 ]

Architecture RTS development .................................... [10,000 ]

MDS architecture IAC prototype ................................. [5,000 ]

Unjustified growth—LHD lack of validated require-

ment and acquisition strategy.

[–4,550 ]

096 0603923D8Z COALITION WARFARE .............................................. 5,103 5,103

097 0604011D8Z NEXT GENERATION INFORMATION COMMU-

NICATIONS TECHNOLOGY (5G).

374,665 474,665

5G acceleration activities ............................................. [100,000 ]

098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PRO-

GRAM.

3,259 3,259

099 0604102C GUAM DEFENSE DEVELOPMENT .......................... 78,300 138,300

INDOPACOM UFR—Guam Defense System ............. [60,000 ]

100 0604115C TECHNOLOGY MATURATION INITIATIVES ......... 34,000

Program increase—diode pumped alkali laser ........... [14,000 ]

Short pulse laser directed energy demonstration ....... [20,000 ]

103 0604181C HYPERSONIC DEFENSE ........................................... 247,931 309,796

MDA UFR—Accelerate hypersonic defensive systems [61,865 ]

104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ......... 716,456 831,456

Mission-based acquisition ............................................. [100,000 ]

Program increase—mobile nuclear microreactor ........ [15,000 ]

105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS ..... 509,195 548,995

Advanced analog & mixed signal microelectronics

design and manufacturing.

[6,800 ]

Radiation-hardened application specific integrated

circuits.

[18,000 ]

Trusted and assured GaN and GaAs RFIC tech-

nology.

[15,000 ]

106 0604331D8Z RAPID PROTOTYPING PROGRAM ........................... 103,575 182,575

ADA network resiliency/cloud ...................................... [79,000 ]

107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTO-

TYPING.

11,213 26,213

National security innovation capital program in-

crease.

[15,000

]

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135 STAT. 2294 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED

SYSTEM COMMON DEVELOPMENT.

2,778 2,778

109 0604551BR CATAPULT .................................................................... 7,166 7,166

110 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVE-

MENT—NON S&T.

23,200 23,200

111 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDR-

H).

75,000

INDOPACOM UFR—Restoration of HDR-H .............. [75,000 ]

113 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC

ANALYSIS (SSA).

3,519 3,519

114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTE-

GRATION AND INTEROPERABILITY ASSESS-

MENTS.

17,439 17,439

115 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 133,335 133,335

116 0604874C IMPROVED HOMELAND DEFENSE INTERCEP-

TORS.

926,125 926,125

117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DE-

FENSE SEGMENT TEST.

32,697 32,697

118 0604878C AEGIS BMD TEST ....................................................... 117,055 111,255

Unjustified growth—AEGIS LHD test funding early

to need.

[–5,800 ]

119 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST .... 77,428 77,428

120 0604880C LAND-BASED SM–3 (LBSM3) .................................... 43,158 43,158

121 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE

SEGMENT TEST.

61,424 61,424

122 0202057C SAFETY PROGRAM MANAGEMENT ....................... 2,323 2,323

123 0300206R ENTERPRISE INFORMATION TECHNOLOGY

SYSTEMS.

2,568 2,568

125 0305103C CYBER SECURITY INITIATIVE ................................ 1,142 1,142

126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND

PROTOTYPING.

636,179 648,179

Laser communication terminal technologies .............. [6,000 ]

Space laser communications ........................................ [6,000 ]

127 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM .. 15,176 15,176

128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE

PROGRAMS.

292,811 292,811

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

9,854,341 10,394,563

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SE-

CURITY EQUIPMENT RDT&E SDD.

5,682 5,682

131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—EMD.

299,848 299,848

132 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBU-

TION SYSTEM (JTIDS).

9,345 9,345

133 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION

SYSTEMS DEVELOPMENT.

14,063 14,063

134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265

135 0605021SE HOMELAND PERSONNEL SECURITY INITIA-

TIVE.

7,205 7,205

136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ................. 5,447 5,447

137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ........... 16,892 34,892

ADVANA for ADA ......................................................... [18,000 ]

138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT

AND DEMONSTRATION.

679 679

140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINAN-

CIAL SYSTEM.

32,254 32,254

142 0605141BR MISSION ASSURANCE RISK MANAGEMENT

SYSTEM (MARMS).

5,500 5,500

143 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT

CAPABILITIES.

7,148 7,148

144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS ..... 113,895 113,895

146 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMU-

NICATIONS.

3,991 3,991

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135 STAT. 2295 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION

MANAGEMENT (EEIM).

2,227 2,227

150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND

DEMONSTRATION.

20,246 20,246

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

548,687 566,687

MANAGEMENT SUPPORT

151 0603829J JOINT CAPABILITY EXPERIMENTATION ............. 8,444 8,444

152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM

(DRRS).

7,508 7,508

153 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOP-

MENT.

7,859 7,859

154 0604940D8Z CENTRAL TEST AND EVALUATION INVEST-

MENT DEVELOPMENT (CTEIP).

550,140 550,140

155 0604942D8Z ASSESSMENTS AND EVALUATIONS ...................... 17,980 17,980

156 0605001E MISSION SUPPORT .................................................... 73,145 73,145

157 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPA-

BILITY (JMETC).

71,410 71,410

159 0605126J JOINT INTEGRATED AIR AND MISSILE DE-

FENSE ORGANIZATION (JIAMDO).

52,671 52,671

161 0605142D8Z SYSTEMS ENGINEERING ......................................... 40,030 40,030

162 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ........... 4,612 4,612

163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ......... 14,429 14,429

164 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION

INTEGRATION.

4,759 4,759

165 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) .. 1,952 1,952

166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM.

110,503 110,503

172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH

(SBIR)/ SMALL BUSINESS TECHNOLOGY

TRANSFER.

3,639 3,639

173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE ........ 25,889 63,889

Regional secure computing enclave pilot .................... [38,000 ]

174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ..................... 39,774 257,774

ISR & information operations ...................................... [10,000 ]

PNT modernization—signals of opportunity ............... [140,000 ]

Spectrum innovation—low SWaP-C directional

sources.

[68,000 ]

175 0605801KA DEFENSE TECHNICAL INFORMATION CENTER

(DTIC).

61,453 61,453

176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TEST-

ING AND EVALUATION.

18,762 18,762

177 0605804D8Z DEVELOPMENT TEST AND EVALUATION ........... 27,366 27,366

178 0605898E MANAGEMENT HQ—R&D ......................................... 12,740 12,740

179 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL IN-

FORMATION CENTER (DTIC).

3,549 3,549

180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ............. 15,438 15,438

181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANAL-

YSIS.

2,897 2,897

182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOP-

MENT SUPPORT.

918 918

183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY

POLICY.

31,638 31,638

184 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE

(DOSI).

2,925 2,925

185 0204571J JOINT STAFF ANALYTICAL SUPPORT .................. 977 977

186 0208045K C4I INTEROPERABILITY ........................................... 55,361 60,361

Joint warfighting network architecture ...................... [5,000 ]

189 0303140SE INFORMATION SYSTEMS SECURITY PROGRAM 853 853

191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM

OFFICE (DMDPO).

969 969

192 0305172K COMBINED ADVANCED APPLICATIONS .............. 15,696 15,696

194 0305208K DISTRIBUTED COMMON GROUND/SURFACE

SYSTEMS.

3,073 3,073

197 0804768J COCOM EXERCISE ENGAGEMENT AND TRAIN-

ING TRANSFORMATION (CE2T2)—NON-MHA.

29,530 29,530

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135 STAT. 2296 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

198 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGE-

MENT INSTITUTE (DEOMI).

689 689

199 0901598C MANAGEMENT HQ—MDA ........................................ 24,102 24,102

200 0903235K JOINT SERVICE PROVIDER (JSP) ........................... 2,645 2,645

999 9999999999 CLASSIFIED PROGRAMS .......................................... 37,520 37,520

SUBTOTAL MANAGEMENT SUPPORT ............... 1,383,845 1,644,845

OPERATIONAL SYSTEMS DEVELOPMENT

202 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ............... 5,355 5,355

203 0604532K JOINT ARTIFICIAL INTELLIGENCE ....................... 10,033 67,833

JAIC for ADA ................................................................ [57,800 ]

206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND

SUSTAINMENT SUPPORT.

58,189 149,689

Accelerated training in defense manufacturing

(ATDM) pilot.

[10,000 ]

Carbon/carbon industrial base enhancement .............. [6,000 ]

Demonstration program on domestic production of

rare earth elements from coal byproducts.

[3,000 ]

Digital manufacturing .................................................. [1,500 ]

Directed energy supply chain assurance ..................... [2,000 ]

Industrial skills training .............................................. [2,500 ]

Machine and advanced manufacturing—IACMI ........ [20,000 ]

Program increase .......................................................... [20,000 ]

Radar resiliency ............................................................ [2,500 ]

Rare earth element separation technologies ............... [4,000 ]

Submarine construction workforce training pipeline [20,000 ]

207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DE-

VELOPMENT.

18,721 18,721

208 0607327T GLOBAL THEATER SECURITY COOPERATION

MANAGEMENT INFORMATION SYSTEMS (G-

TSCMIS).

7,398 7,398

209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPER-

ATIONAL SYSTEMS DEVELOPMENT).

58,261 58,261

215 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEER-

ING AND INTEGRATION.

16,233 16,233

216 0303126K LONG-HAUL COMMUNICATIONS—DCS ................ 10,275 10,275

217 0303131K MINIMUM ESSENTIAL EMERGENCY COMMU-

NICATIONS NETWORK (MEECN).

4,892 4,892

218 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ... 83,751 83,751

219 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 49,191 69,191

Workforce transformation cyber initiative pilot pro-

gram.

[20,000 ]

220 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 423,745 535,845

Additional cybersecurity support for the defense in-

dustrial base.

[25,000 ]

Hardening DOD networks ............................................ [12,100 ]

JFHQ DODIN staffing and tools ................................. [50,000 ]

Pilot program on public-private partnership with

internet ecosystem companies.

[25,000 ]

221 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 5,707 5,707

222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ..... 4,150 4,150

223 0303153K DEFENSE SPECTRUM ORGANIZATION ................. 19,302 19,302

224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) ..... 9,342 9,342

226 0303430V FEDERAL INVESTIGATIVE SERVICES INFOR-

MATION TECHNOLOGY.

15,326 15,326

232 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES ..... 8,800 8,800

235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE AC-

TIVITIES.

3,820 3,820

237 0305186D8Z POLICY R&D PROGRAMS .......................................... 4,843 4,843

238 0305199D8Z NET CENTRICITY ....................................................... 13,471 13,471

240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE

SYSTEMS.

5,994 5,994

247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANS-

FER PROGRAM.

1,273 1,273

255 0708012K LOGISTICS SUPPORT ACTIVITIES ......................... 1,690 1,690

256 0708012S PACIFIC DISASTER CENTERS ................................. 1,799 1,799

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135 STAT. 2297 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2022

Request

Conference

Authorized

257 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYS-

TEM.

6,390 6,390

259 1105219BB MQ–9 UAV .................................................................... 19,065 19,065

261 1160403BB AVIATION SYSTEMS .................................................. 173,537 173,537

262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ......... 32,766 32,766

263 1160408BB OPERATIONAL ENHANCEMENTS .......................... 145,830 167,230

Program increase—AISUM .......................................... [21,400 ]

264 1160431BB WARRIOR SYSTEMS ................................................... 78,592 82,803

SOCOM UFR—Maritime scalable effects accelera-

tion.

[4,211 ]

265 1160432BB SPECIAL PROGRAMS ................................................. 6,486 6,486

266 1160434BB UNMANNED ISR ......................................................... 18,006 18,006

267 1160480BB SOF TACTICAL VEHICLES ....................................... 7,703 7,703

268 1160483BB MARITIME SYSTEMS ................................................. 58,430 58,430

270 1160490BB OPERATIONAL ENHANCEMENTS INTEL-

LIGENCE.

10,990 10,990

999 9999999999 CLASSIFIED PROGRAMS .......................................... 5,208,029 5,208,029

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

6,607,385 6,914,396

SOFTWARE AND DIGITAL TECHNOLOGY

PILOT PROGRAMS

UNDISTRIBUTED

272 0604532K JOINT ARTIFICIAL INTELLIGENCE ....................... 186,639 186,639

273 0608197V NATIONAL BACKGROUND INVESTIGATION

SERVICES—SOFTWARE PILOT PROGRAM.

123,570 123,570

274 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT

PROGRAM.

18,307 18,307

275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ..... 32,774 32,774

276 0308588D8Z ALGORITHMIC WARFARE CROSS FUNCTIONAL

TEAMS—SOFTWARE PILOT PROGRAM.

247,452 283,452

MAVEN for ADA ........................................................... [36,000 ]

SUBTOTAL SOFTWARE AND DIGITAL TECH-

NOLOGY PILOT PROGRAMS.

608,742 644,742

SUBTOTAL UNDISTRIBUTED ............................... 36,000

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, DW.

25,857,875 28,784,404

OPERATIONAL TEST & EVAL, DEFENSE

MANAGEMENT SUPPORT

001 0605118OTE OPERATIONAL TEST AND EVALUATION ............. 105,394 105,394

002 0605131OTE LIVE FIRE TEST AND EVALUATION ...................... 68,549 68,549

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANAL-

YSES.

42,648 62,648

Joint Test and Evaluation restoration ........................ [20,000 ]

SUBTOTAL MANAGEMENT SUPPORT ............... 216,591 236,591

TOTAL OPERATIONAL TEST & EVAL, DE-

FENSE.

216,591 236,591

TOTAL RDT&E ........................................................... 111,964,192 117,729,317

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135 STAT. 2298 PUBLIC LAW 117–81—DEC. 27, 2021

TITLE XLIII—OPERATION AND

MAINTENANCE

SEC. 4301. OPERATION AND MAINTENANCE.

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

OPERATION & MAINTENANCE, ARMY

OPERATING FORCES

010 MANEUVER UNITS ....................................................... 3,563,856 3,528,856

Unjustified growth .......................................................... [–35,000 ]

020 MODULAR SUPPORT BRIGADES ............................... 142,082 142,082

030 ECHELONS ABOVE BRIGADE .................................... 758,174 758,174

040 THEATER LEVEL ASSETS .......................................... 2,753,783 2,653,783

Unjustified growth .......................................................... [–100,000 ]

050 LAND FORCES OPERATIONS SUPPORT .................. 1,110,156 1,110,156

060 AVIATION ASSETS ........................................................ 1,795,522 1,775,522

Unjustified growth .......................................................... [–20,000 ]

070 FORCE READINESS OPERATIONS SUPPORT ......... 7,442,976 7,652,631

Advanced bomb suit ........................................................ [12,940 ]

Army UFR—Arctic cold weather gloves ........................ [13,867 ]

Army UFR—Arctic OCIE ............................................... [65,050 ]

Army UFR—ECWCS procurement ................................ [8,999 ]

Army UFR—Female/small stature body armor ............ [81,750 ]

Army UFR—Garrison Installation Facilities-Related

Control Systems (FRCS) ............................................. [13,071 ]

Army UFR—Heavylift transportation for OIR ............. [33,854 ]

Army UFR—Industrial base special installation con-

trol systems .................................................................. [14,824 ]

CENTCOM UFR—Heavylift logistics ............................ [40,300 ]

Unjustified growth .......................................................... [–75,000 ]

080 LAND FORCES SYSTEMS READINESS ..................... 580,921 594,921

CENTCOM UFR—COMSAT air time ........................... [34,000 ]

Unjustified growth .......................................................... [–20,000 ]

090 LAND FORCES DEPOT MAINTENANCE .................. 1,257,959 1,346,976

Army UFR—Tactical Combat Vehicle Repair Cycle

Float .............................................................................. [89,017 ]

100 MEDICAL READINESS ................................................. 1,102,964 1,102,964

110 BASE OPERATIONS SUPPORT ................................... 8,878,603 8,868,603

Program decrease ............................................................ [–10,000 ]

120 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 4,051,869 4,534,869

Program increase—FSRM .............................................. [483,000 ]

130 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS .................................................................. 289,891 289,891

140 ADDITIONAL ACTIVITIES ........................................... 526,517 526,517

160 RESET .............................................................................. 397,196 392,196

Unjustified growth .......................................................... [–5,000 ]

170 US AFRICA COMMAND ................................................ 384,791 518,337

AFRICOM UFR—Commercial SATCOM ...................... [16,500 ]

AFRICOM UFR—ISR improvements ............................ [67,000 ]

Army UFR—MQ–9 COCO Support to AFRICOM ........ [50,046 ]

180 US EUROPEAN COMMAND ........................................ 293,932 335,910

EUCOM UFR—Information Operations ....................... [26,765 ]

EUCOM UFR—Mission Partner Environment ............. [15,213 ]

190 US SOUTHERN COMMAND ........................................ 196,726 196,726

200 US FORCES KOREA ...................................................... 67,052 67,052

210 CYBERSPACE ACTIVITIES—CYBERSPACE OPER-

ATIONS ........................................................................ 621,836 654,751

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135 STAT. 2299 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

Army UFR—Critical infrastructure risk management

cyber resiliency mitigations ........................................ [13,630 ]

Army UFR—MRCT / Cyber I&W / Ops Cell ................. [4,655 ]

Army UFR—Security Operations Center as a Service

(SOCaaS) ...................................................................... [14,630 ]

220 CYBERSPACE ACTIVITIES—CYBERSECURITY ...... 629,437 726,176

Army UFR—C-SCRM supplier vetting and equipment

inspection ..................................................................... [1,200 ]

Army UFR—Cybersecurity control systems assess-

ments ............................................................................ [89,889 ]

Army UFR—Cyber-Supply Chain Risk Mgmt (C-

SCRM) program ........................................................... [2,750 ]

Army UFR—Defensive cyber sensors ............................ [2,900 ]

SUBTOTAL OPERATING FORCES ......................... 36,846,243 37,777,093

MOBILIZATION

230 STRATEGIC MOBILITY ................................................ 353,967 353,967

240 ARMY PREPOSITIONED STOCKS .............................. 381,192 381,192

250 INDUSTRIAL PREPAREDNESS .................................. 3,810 3,810

SUBTOTAL MOBILIZATION ..................................... 738,969 738,969

TRAINING AND RECRUITING

260 OFFICER ACQUISITION .............................................. 163,568 163,568

270 RECRUIT TRAINING .................................................... 75,140 75,140

280 ONE STATION UNIT TRAINING ................................ 81,274 81,274

290 SENIOR RESERVE OFFICERS TRAINING CORPS .. 520,973 520,973

300 SPECIALIZED SKILL TRAINING ................................ 998,869 998,869

310 FLIGHT TRAINING ....................................................... 1,309,556 1,309,556

320 PROFESSIONAL DEVELOPMENT EDUCATION ..... 218,651 218,651

330 TRAINING SUPPORT .................................................... 616,380 629,480

Army UFR—ATRRS Modernization .............................. [18,100 ]

Unjustified growth .......................................................... [–5,000 ]

340 RECRUITING AND ADVERTISING ............................ 683,569 684,963

Army UFR—Enterprise Technology Integration, Gov-

ernance, and Engineering Requirements (ETIGER) [1,394 ]

350 EXAMINING ................................................................... 169,442 169,442

360 OFF-DUTY AND VOLUNTARY EDUCATION ............ 214,923 231,078

Army UFR—Tuition assistance ..................................... [16,155 ]

370 CIVILIAN EDUCATION AND TRAINING .................. 220,589 220,589

380 JUNIOR RESERVE OFFICER TRAINING CORPS .... 187,569 187,569

SUBTOTAL TRAINING AND RECRUITING ......... 5,460,503 5,491,152

ADMIN & SRVWIDE ACTIVITIES

400 SERVICEWIDE TRANSPORTATION ........................... 684,562 672,562

Unjustified growth .......................................................... [–12,000 ]

410 CENTRAL SUPPLY ACTIVITIES ................................. 808,895 808,895

420 LOGISTIC SUPPORT ACTIVITIES .............................. 767,053 796,157

Army UFR—AMC LITeS ................................................ [29,104 ]

430 AMMUNITION MANAGEMENT .................................. 469,038 469,038

440 ADMINISTRATION ........................................................ 488,535 484,535

Unjustified growth .......................................................... [–4,000 ]

450 SERVICEWIDE COMMUNICATIONS ......................... 1,952,742 2,007,462

Army UFR—CHRA IT Cloud ......................................... [5,300 ]

Army UFR—ERP convergence/modernization .............. [49,420 ]

460 MANPOWER MANAGEMENT ...................................... 323,273 323,273

470 OTHER PERSONNEL SUPPORT ................................. 663,602 694,670

Army UFR—Enterprise Technology Integration, Gov-

ernance, and Engineering Requirements (ETIGER) [1,393 ]

Army UFR—HR cloud and IT modernization ............... [29,675 ]

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135 STAT. 2300 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

480 OTHER SERVICE SUPPORT ........................................ 2,004,981 2,031,364

Program increase—DFAS unfunded requirement ........ [49,983 ]

Unjustified growth .......................................................... [–23,600 ]

490 ARMY CLAIMS ACTIVITIES ........................................ 180,178 180,178

500 REAL ESTATE MANAGEMENT .................................. 269,009 272,509

Program increase—real estate inventory tool ............... [3,500 ]

510 FINANCIAL MANAGEMENT AND AUDIT READI-

NESS ............................................................................ 437,940 437,940

520 INTERNATIONAL MILITARY HEADQUARTERS ..... 482,571 482,571

530 MISC. SUPPORT OF OTHER NATIONS ..................... 29,670 29,670

9999 CLASSIFIED PROGRAMS ............................................. 2,008,633 2,026,633

SOUTHCOM UFR—Additional traditional ISR oper-

ations ............................................................................ [18,000 ]

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .... 11,570,682 11,717,457

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... –125,000

Historical unobligated balances ..................................... [–125,000 ]

SUBTOTAL UNDISTRIBUTED ................................. –125,000

TOTAL OPERATION & MAINTENANCE, ARMY 54,616,397 55,599,671

OPERATION & MAINTENANCE, ARMY RES

OPERATING FORCES

010 MODULAR SUPPORT BRIGADES ............................... 10,465 10,465

020 ECHELONS ABOVE BRIGADE .................................... 554,992 554,992

030 THEATER LEVEL ASSETS .......................................... 120,892 120,892

040 LAND FORCES OPERATIONS SUPPORT .................. 597,718 597,718

050 AVIATION ASSETS ........................................................ 111,095 111,095

060 FORCE READINESS OPERATIONS SUPPORT ......... 385,506 385,506

070 LAND FORCES SYSTEMS READINESS ..................... 98,021 98,021

080 LAND FORCES DEPOT MAINTENANCE .................. 34,368 34,368

090 BASE OPERATIONS SUPPORT ................................... 584,513 584,513

100 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 342,433 342,433

110 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS .................................................................. 22,472 22,472

120 CYBERSPACE ACTIVITIES—CYBERSPACE OPER-

ATIONS ........................................................................ 2,764 2,764

130 CYBERSPACE ACTIVITIES—CYBERSECURITY ...... 7,476 7,476

SUBTOTAL OPERATING FORCES ......................... 2,872,715 2,872,715

ADMIN & SRVWD ACTIVITIES

140 SERVICEWIDE TRANSPORTATION ........................... 15,400 15,400

150 ADMINISTRATION ........................................................ 19,611 19,611

160 SERVICEWIDE COMMUNICATIONS ......................... 37,458 37,458

170 MANPOWER MANAGEMENT ...................................... 7,162 7,162

180 RECRUITING AND ADVERTISING ............................ 48,289 48,289

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 127,920 127,920

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... –10,000

Historical unobligated balances ..................................... [–10,000 ]

SUBTOTAL UNDISTRIBUTED ................................. –10,000

TOTAL OPERATION & MAINTENANCE, ARMY

RES .............................................................................. 3,000,635 2,990,635

OPERATION & MAINTENANCE, ARNG

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135 STAT. 2301 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

OPERATING FORCES

010 MANEUVER UNITS ....................................................... 799,854 799,854

020 MODULAR SUPPORT BRIGADES ............................... 211,561 211,561

030 ECHELONS ABOVE BRIGADE .................................... 835,709 835,709

040 THEATER LEVEL ASSETS .......................................... 101,179 101,179

050 LAND FORCES OPERATIONS SUPPORT .................. 34,436 34,436

060 AVIATION ASSETS ........................................................ 1,110,416 1,100,416

Unjustified growth .......................................................... [–10,000 ]

070 FORCE READINESS OPERATIONS SUPPORT ......... 704,827 709,927

CNGB UFR—Weapons of Mass Destruction Civil Sup-

port Teams Equipment Sustainment ......................... [5,100 ]

080 LAND FORCES SYSTEMS READINESS ..................... 47,886 47,886

090 LAND FORCES DEPOT MAINTENANCE .................. 244,439 244,439

100 BASE OPERATIONS SUPPORT ................................... 1,097,960 1,097,960

110 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 956,988 956,988

120 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS .................................................................. 1,047,870 1,047,870

130 CYBERSPACE ACTIVITIES—CYBERSPACE OPER-

ATIONS ........................................................................ 8,071 8,071

140 CYBERSPACE ACTIVITIES—CYBERSECURITY ...... 7,828 7,828

SUBTOTAL OPERATING FORCES ......................... 7,209,024 7,204,124

ADMIN & SRVWD ACTIVITIES

150 SERVICEWIDE TRANSPORTATION ........................... 8,017 8,017

160 ADMINISTRATION ........................................................ 76,993 81,993

Program increase—State Partnership Program ........... [5,000 ]

170 SERVICEWIDE COMMUNICATIONS ......................... 101,113 101,113

180 MANPOWER MANAGEMENT ...................................... 8,920 8,920

190 OTHER PERSONNEL SUPPORT ................................. 240,292 240,292

200 REAL ESTATE MANAGEMENT .................................. 2,850 2,850

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 438,185 443,185

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... –40,000

Historical unobligated balances ..................................... [–40,000 ]

SUBTOTAL UNDISTRIBUTED ................................. –40,000

TOTAL OPERATION & MAINTENANCE, ARNG 7,647,209 7,607,309

AFGHANISTAN SECURITY FORCES FUND

AFGHAN NATIONAL ARMY

010 SUSTAINMENT .............................................................. 1,053,668 0

Program reduction ........................................................... [–1,053,668 ]

020 INFRASTRUCTURE ....................................................... 1,818 0

Program reduction ........................................................... [–1,818 ]

030 EQUIPMENT AND TRANSPORTATION ..................... 22,911 0

Program reduction ........................................................... [–22,911 ]

040 TRAINING AND OPERATIONS ................................... 31,837 0

Program reduction ........................................................... [–31,837 ]

SUBTOTAL AFGHAN NATIONAL ARMY ............... 1,110,234 0

AFGHAN NATIONAL POLICE

050 SUSTAINMENT .............................................................. 440,628 0

Program reduction ........................................................... [–440,628 ]

070 EQUIPMENT AND TRANSPORTATION ..................... 38,551 0

Program reduction ........................................................... [–38,551 ]

080 TRAINING AND OPERATIONS ................................... 38,152 0

Program reduction ........................................................... [–38,152 ]

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135 STAT. 2302 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

SUBTOTAL AFGHAN NATIONAL POLICE ........... 517,331 0

AFGHAN AIR FORCE

090 SUSTAINMENT .............................................................. 562,056 0

Program reduction ........................................................... [–562,056 ]

110 EQUIPMENT AND TRANSPORTATION ..................... 26,600 0

Program reduction ........................................................... [–26,600 ]

120 TRAINING AND OPERATIONS ................................... 169,684 0

Program reduction ........................................................... [–169,684 ]

SUBTOTAL AFGHAN AIR FORCE .......................... 758,340 0

AFGHAN SPECIAL SECURITY FORCES

130 SUSTAINMENT .............................................................. 685,176 0

Program reduction ........................................................... [–685,176 ]

150 EQUIPMENT AND TRANSPORTATION ..................... 78,962 0

Program reduction ........................................................... [–78,962 ]

160 TRAINING AND OPERATIONS ................................... 177,767 0

Program reduction ........................................................... [–177,767 ]

SUBTOTAL AFGHAN SPECIAL SECURITY

FORCES ...................................................................... 941,905 0

TOTAL AFGHANISTAN SECURITY FORCES

FUND ........................................................................... 3,327,810 0

COUNTER ISIS TRAIN AND EQUIP FUND

(CTEF)

COUNTER ISIS TRAIN AND EQUIP FUND

(CTEF)

010 IRAQ ................................................................................. 345,000 345,000

020 SYRIA ............................................................................... 177,000 177,000

SUBTOTAL COUNTER ISIS TRAIN AND EQUIP

FUND (CTEF) ............................................................ 522,000 522,000

TOTAL COUNTER ISIS TRAIN AND EQUIP

FUND (CTEF) ............................................................ 522,000 522,000

OPERATION & MAINTENANCE, NAVY

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 6,264,654 6,545,054

Navy UFR—Flying hour program - fleet operations .... [280,400 ]

020 FLEET AIR TRAINING ................................................. 2,465,007 2,465,007

030 AVIATION TECHNICAL DATA & ENGINEERING

SERVICES ................................................................... 55,140 55,140

040 AIR OPERATIONS AND SAFETY SUPPORT ............. 197,904 197,904

050 AIR SYSTEMS SUPPORT ............................................. 1,005,932 1,005,932

060 AIRCRAFT DEPOT MAINTENANCE .......................... 1,675,356 1,897,556

Navy UFR—Additional aircraft depot maintenance

events ............................................................................ [222,200 ]

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 65,518 65,518

080 AVIATION LOGISTICS .................................................. 1,460,546 1,460,546

090 MISSION AND OTHER SHIP OPERATIONS ............. 5,858,028 5,893,028

Navy UFR—Resilient Communications and PNT for

Combat Logistics Fleet (CLF) ..................................... [29,000 ]

Navy UFR—Submarine Tender Overhaul .................... [42,000 ]

Unjustified growth .......................................................... [–36,000 ]

100 SHIP OPERATIONS SUPPORT & TRAINING ........... 1,154,696 1,154,696

110 SHIP DEPOT MAINTENANCE .................................... 10,300,078 10,514,878

Navy UFR—A–120 availability ...................................... [39,800 ]

Retained cruisers ............................................................. [135,000 ]

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135 STAT. 2303 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

USS Connecticut emergent repairs ............................... [40,000 ]

120 SHIP DEPOT OPERATIONS SUPPORT ...................... 2,188,454 2,188,454

130 COMBAT COMMUNICATIONS AND ELECTRONIC

WARFARE ................................................................... 1,551,846 1,551,846

140 SPACE SYSTEMS AND SURVEILLANCE .................. 327,251 327,251

150 WARFARE TACTICS ...................................................... 798,082 798,082

160 OPERATIONAL METEOROLOGY AND OCEANOG-

RAPHY ......................................................................... 447,486 447,486

170 COMBAT SUPPORT FORCES ...................................... 2,250,756 2,282,856

CENTCOM UFR—Naval patrol craft support .............. [47,100 ]

Unjustified growth .......................................................... [–15,000 ]

180 EQUIPMENT MAINTENANCE AND DEPOT OPER-

ATIONS SUPPORT ..................................................... 192,968 192,968

190 COMBATANT COMMANDERS CORE OPERATIONS 61,614 61,614

200 COMBATANT COMMANDERS DIRECT MISSION

SUPPORT ..................................................................... 198,596 445,596

INDOPACOM UFR—Critical HQ manpower positions [4,620 ]

INDOPACOM UFR—ISR augmentation ....................... [41,000 ]

INDOPACOM UFR—Multi-Domain Training and Ex-

perimentation Capability ............................................ [59,410 ]

Program increase—INDOPACOM Future fusion cen-

ters ................................................................................ [3,300 ]

Program increase—INDOPACOM Mission Partner

Environment ................................................................ [50,170 ]

Program increase—INDOPACOM Pacific Movement

Coordination Center .................................................... [500 ]

Program increase—INDOPACOM Wargaming analyt-

ical tools ........................................................................ [88,000 ]

210 MILITARY INFORMATION SUPPORT OPER-

ATIONS ........................................................................ 8,984 36,984

Program increase—INDOPACOM Military Informa-

tion Support Operations .............................................. [28,000 ]

220 CYBERSPACE ACTIVITIES .......................................... 565,926 560,926

Identity, credentialing, and access management re-

duction .......................................................................... [–5,000 ]

230 FLEET BALLISTIC MISSILE ....................................... 1,476,247 1,476,247

240 WEAPONS MAINTENANCE ......................................... 1,538,743 1,513,743

Historical underexecution ............................................... [–25,000 ]

250 OTHER WEAPON SYSTEMS SUPPORT ..................... 592,357 592,357

260 ENTERPRISE INFORMATION ..................................... 734,970 690,970

Unjustified growth .......................................................... [–44,000 ]

270 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 2,961,937 3,511,937

Program increase—FSRM .............................................. [550,000 ]

280 BASE OPERATING SUPPORT ..................................... 4,826,314 4,816,314

Program decrease ............................................................ [–10,000 ]

SUBTOTAL OPERATING FORCES ......................... 51,225,390 52,750,890

MOBILIZATION

290 SHIP PREPOSITIONING AND SURGE ...................... 457,015 457,015

300 READY RESERVE FORCE ............................................ 645,522 645,522

310 SHIP ACTIVATIONS/INACTIVATIONS ...................... 353,530 349,030

Historical underexecution ............................................... [–4,500 ]

320 EXPEDITIONARY HEALTH SERVICES SYSTEMS .. 149,384 149,384

330 COAST GUARD SUPPORT ........................................... 20,639 20,639

SUBTOTAL MOBILIZATION ..................................... 1,626,090 1,621,590

TRAINING AND RECRUITING

340 OFFICER ACQUISITION .............................................. 172,913 172,913

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135 STAT. 2304 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

350 RECRUIT TRAINING .................................................... 13,813 13,813

360 RESERVE OFFICERS TRAINING CORPS .................. 167,152 167,152

370 SPECIALIZED SKILL TRAINING ................................ 1,053,104 1,053,104

380 PROFESSIONAL DEVELOPMENT EDUCATION ..... 311,209 311,209

390 TRAINING SUPPORT .................................................... 306,302 306,302

400 RECRUITING AND ADVERTISING ............................ 205,219 205,219

410 OFF-DUTY AND VOLUNTARY EDUCATION ............ 79,053 79,053

420 CIVILIAN EDUCATION AND TRAINING .................. 109,754 109,754

430 JUNIOR ROTC ................................................................ 57,323 57,323

SUBTOTAL TRAINING AND RECRUITING ......... 2,475,842 2,475,842

ADMIN & SRVWD ACTIVITIES

440 ADMINISTRATION ........................................................ 1,268,961 1,290,961

Program increase—Naval Audit Service ....................... [25,000 ]

Unjustified growth .......................................................... [–3,000 ]

450 CIVILIAN MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 212,952 212,952

460 MILITARY MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 562,546 562,546

470 MEDICAL ACTIVITIES ................................................. 285,436 285,436

480 SERVICEWIDE TRANSPORTATION ........................... 217,782 217,782

500 PLANNING, ENGINEERING, AND PROGRAM SUP-

PORT ............................................................................ 479,480 479,480

510 ACQUISITION, LOGISTICS, AND OVERSIGHT ....... 741,045 741,045

520 INVESTIGATIVE AND SECURITY SERVICES .......... 738,187 736,687

Unjustified growth .......................................................... [–1,500 ]

9999 CLASSIFIED PROGRAMS ............................................. 607,517 603,477

Classified adjustment ..................................................... [–4,040 ]

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 5,113,906 5,130,366

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... –58,000

Historical unobligated balances ..................................... [–58,000 ]

SUBTOTAL UNDISTRIBUTED ................................. –58,000

TOTAL OPERATION & MAINTENANCE, NAVY .. 60,441,228 61,920,688

OPERATION & MAINTENANCE, MARINE

CORPS

OPERATING FORCES

010 OPERATIONAL FORCES .............................................. 1,587,456 1,632,756

Marine Corps UFR—Plate Carrier Gen III .................. [45,300 ]

020 FIELD LOGISTICS ......................................................... 1,532,630 1,527,630

Unjustified growth .......................................................... [–5,000 ]

030 DEPOT MAINTENANCE ............................................... 215,949 215,949

040 MARITIME PREPOSITIONING .................................... 107,969 107,969

050 CYBERSPACE ACTIVITIES .......................................... 233,486 233,486

060 SUSTAINMENT, RESTORATION & MODERNIZA-

TION ............................................................................. 1,221,117 1,354,117

Program increase—FSRM .............................................. [133,000 ]

070 BASE OPERATING SUPPORT ..................................... 2,563,278 2,560,278

Unjustified growth .......................................................... [–3,000 ]

SUBTOTAL OPERATING FORCES ......................... 7,461,885 7,632,185

TRAINING AND RECRUITING

080 RECRUIT TRAINING .................................................... 24,729 24,729

090 OFFICER ACQUISITION .............................................. 1,208 1,208

100 SPECIALIZED SKILL TRAINING ................................ 110,752 110,752

110 PROFESSIONAL DEVELOPMENT EDUCATION ..... 61,539 61,539

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135 STAT. 2305 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

120 TRAINING SUPPORT .................................................... 490,975 490,975

130 RECRUITING AND ADVERTISING ............................ 223,643 223,643

140 OFF-DUTY AND VOLUNTARY EDUCATION ............ 49,369 49,369

150 JUNIOR ROTC ................................................................ 26,065 26,065

SUBTOTAL TRAINING AND RECRUITING ......... 988,280 988,280

ADMIN & SRVWD ACTIVITIES

160 SERVICEWIDE TRANSPORTATION ........................... 100,475 100,475

170 ADMINISTRATION ........................................................ 410,729 410,729

9999 CLASSIFIED PROGRAMS ............................................. 63,422 63,422

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 574,626 574,626

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... –10,000

Historical unobligated balances ..................................... [–10,000 ]

SUBTOTAL UNDISTRIBUTED ................................. –10,000

TOTAL OPERATION & MAINTENANCE, MA-

RINE CORPS ............................................................. 9,024,791 9,185,091

OPERATION & MAINTENANCE, NAVY RES

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 628,522 628,522

020 INTERMEDIATE MAINTENANCE .............................. 9,593 9,593

030 AIRCRAFT DEPOT MAINTENANCE .......................... 135,280 135,280

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 497 497

050 AVIATION LOGISTICS .................................................. 29,435 29,435

070 COMBAT COMMUNICATIONS .................................... 18,469 18,469

080 COMBAT SUPPORT FORCES ...................................... 136,710 136,710

090 CYBERSPACE ACTIVITIES .......................................... 440 440

100 ENTERPRISE INFORMATION ..................................... 26,628 26,628

110 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 42,311 42,311

120 BASE OPERATING SUPPORT ..................................... 103,606 103,606

SUBTOTAL OPERATING FORCES ......................... 1,131,491 1,131,491

ADMIN & SRVWD ACTIVITIES

130 ADMINISTRATION ........................................................ 1,943 1,943

140 MILITARY MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 12,191 12,191

150 ACQUISITION AND PROGRAM MANAGEMENT ..... 3,073 3,073

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 17,207 17,207

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... –2,500

Historical unobligated balances ..................................... [–2,500 ]

SUBTOTAL UNDISTRIBUTED ................................. –2,500

TOTAL OPERATION & MAINTENANCE, NAVY

RES .............................................................................. 1,148,698 1,146,198

OPERATION & MAINTENANCE, MC RESERVE

OPERATING FORCES

010 OPERATING FORCES ................................................... 102,271 148,171

Marine Corps UFR—Individual combat clothing and

equipment ..................................................................... [45,900 ]

020 DEPOT MAINTENANCE ............................................... 16,811 16,811

030 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 42,702 42,702

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135 STAT. 2306 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

040 BASE OPERATING SUPPORT ..................................... 109,210 109,210

SUBTOTAL OPERATING FORCES ......................... 270,994 316,894

ADMIN & SRVWD ACTIVITIES

050 ADMINISTRATION ........................................................ 14,056 14,056

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 14,056 14,056

TOTAL OPERATION & MAINTENANCE, MC RE-

SERVE ......................................................................... 285,050 330,950

OPERATION & MAINTENANCE, AIR FORCE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ...................................... 706,860 680,530

A–10 aircraft retention ................................................... [1,670 ]

Unjustified growth .......................................................... [–28,000 ]

020 COMBAT ENHANCEMENT FORCES ......................... 2,382,448 2,346,948

CENTCOM—MQ–9 combat lines ................................... [53,000 ]

EUCOM UFR—Air base air defense operations center [1,500 ]

Unjustified growth .......................................................... [–90,000 ]

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN

SKILLS) ........................................................................ 1,555,320 1,542,750

A–10 aircraft retention ................................................... [12,430 ]

Contract adversary air .................................................... [5,000 ]

Unjustified growth .......................................................... [–30,000 ]

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,661,762 3,707,337

A–10 aircraft retention ................................................... [65,575 ]

Unjustified growth .......................................................... [–20,000 ]

050 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 3,867,114 4,342,114

Program increase—FSRM .............................................. [475,000 ]

060 CYBERSPACE SUSTAINMENT ................................... 179,568 179,568

070 CONTRACTOR LOGISTICS SUPPORT AND SYS-

TEM SUPPORT ........................................................... 8,457,653 8,784,538

A–10 aircraft retention ................................................... [15,885 ]

A–10/F–35 contract maintenance ................................... [156,000 ]

Program increase—F–35 sustainment .......................... [185,000 ]

Unjustified growth .......................................................... [–30,000 ]

080 FLYING HOUR PROGRAM ........................................... 5,646,730 5,699,590

A–10 aircraft retention ................................................... [52,860 ]

090 BASE SUPPORT ............................................................. 9,846,037 9,776,037

Unjustified growth .......................................................... [–70,000 ]

100 GLOBAL C3I AND EARLY WARNING ........................ 979,705 988,905

EUCOM—MPE air component battle network ............. [9,200 ]

110 OTHER COMBAT OPS SPT PROGRAMS ................... 1,418,515 1,399,625

EUCOM UFR—Air base air defense ............................. [110 ]

Unjustified growth .......................................................... [–19,000 ]

120 CYBERSPACE ACTIVITIES .......................................... 864,761 864,761

150 SPACE CONTROL SYSTEMS ....................................... 13,223 13,223

160 US NORTHCOM/NORAD .............................................. 196,774 196,774

170 US STRATCOM ............................................................... 475,015 475,015

180 US CYBERCOM .............................................................. 389,663 416,163

CYBERCOM UFR—Acceleration of cyber intelligence [3,200 ]

Program increase—cyber training ................................. [23,300 ]

190 US CENTCOM ................................................................ 372,354 386,354

CENTCOM UFR—MISO program ................................. [24,000 ]

Unjustified growth—OSC-I ............................................ [–10,000 ]

200 US SOCOM ...................................................................... 28,733 28,733

220 CENTCOM CYBERSPACE SUSTAINMENT ............... 1,289 1,289

230 USSPACECOM ................................................................ 272,601 282,601

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135 STAT. 2307 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

SPACECOM UFR—Bridging space protection gaps .... [10,000 ]

9999 CLASSIFIED PROGRAMS ............................................. 1,454,383 1,454,383

SUBTOTAL OPERATING FORCES ......................... 42,770,508 43,567,238

MOBILIZATION

240 AIRLIFT OPERATIONS ................................................. 2,422,784 2,397,784

Unjustified growth .......................................................... [–25,000 ]

250 MOBILIZATION PREPAREDNESS .............................. 667,851 667,851

SUBTOTAL MOBILIZATION ..................................... 3,090,635 3,065,635

TRAINING AND RECRUITING

260 OFFICER ACQUISITION .............................................. 156,193 156,193

270 RECRUIT TRAINING .................................................... 26,072 26,072

280 RESERVE OFFICERS TRAINING CORPS (ROTC) .... 127,693 127,693

290 SPECIALIZED SKILL TRAINING ................................ 491,286 481,286

Unjustified growth .......................................................... [–10,000 ]

300 FLIGHT TRAINING ....................................................... 718,742 718,742

310 PROFESSIONAL DEVELOPMENT EDUCATION ..... 302,092 302,092

320 TRAINING SUPPORT .................................................... 162,165 162,165

330 RECRUITING AND ADVERTISING ............................ 171,339 171,339

340 EXAMINING ................................................................... 8,178 8,178

350 OFF-DUTY AND VOLUNTARY EDUCATION ............ 236,760 236,760

360 CIVILIAN EDUCATION AND TRAINING .................. 306,602 306,602

370 JUNIOR ROTC ................................................................ 65,940 65,940

SUBTOTAL TRAINING AND RECRUITING ......... 2,773,062 2,763,062

ADMIN & SRVWD ACTIVITIES

380 LOGISTICS OPERATIONS ............................................ 1,062,709 1,062,709

390 TECHNICAL SUPPORT ACTIVITIES ......................... 169,957 169,957

400 ADMINISTRATION ........................................................ 1,005,827 987,327

Unjustified growth .......................................................... [–18,500 ]

410 SERVICEWIDE COMMUNICATIONS ......................... 31,054 31,054

420 OTHER SERVICEWIDE ACTIVITIES ......................... 1,470,757 1,470,757

430 CIVIL AIR PATROL ....................................................... 29,128 47,300

Program increase ............................................................. [18,172 ]

450 INTERNATIONAL SUPPORT ....................................... 81,118 81,118

9999 CLASSIFIED PROGRAMS ............................................. 1,391,720 1,391,428

Classified adjustment ..................................................... [–292 ]

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 5,242,270 5,241,650

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... –150,000

Historical unobligated balances ..................................... [–150,000 ]

SUBTOTAL UNDISTRIBUTED ................................. –150,000

TOTAL OPERATION & MAINTENANCE, AIR

FORCE ........................................................................ 53,876,475 54,487,585

OPERATION & MAINTENANCE, SPACE FORCE

OPERATING FORCES

010 GLOBAL C3I & EARLY WARNING ............................. 495,615 495,615

020 SPACE LAUNCH OPERATIONS .................................. 185,700 185,700

030 SPACE OPERATIONS .................................................... 611,269 611,269

040 EDUCATION & TRAINING .......................................... 22,887 22,887

060 DEPOT MAINTENANCE ............................................... 280,165 306,165

Program increase—weapon system sustainment ......... [26,000 ]

070 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 213,347 279,647

Space Force UFR—FSRM Cheyenne Mountain Com-

plex ............................................................................... [66,300 ]

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135 STAT. 2308 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

080 CONTRACTOR LOGISTICS AND SYSTEM SUP-

PORT ............................................................................ 1,158,707 1,246,707

Program increase—weapon system sustainment ......... [94,000 ]

Unjustified growth .......................................................... [–6,000 ]

090 SPACE OPERATIONS -BOS ......................................... 143,520 143,520

9999 CLASSIFIED PROGRAMS ............................................. 172,755 172,755

SUBTOTAL OPERATING FORCES ......................... 3,283,965 3,464,265

ADMINISTRATION AND SERVICE WIDE AC-

TIVITIES

100 ADMINISTRATION ........................................................ 156,747 146,747

Unjustified growth .......................................................... [–10,000 ]

SUBTOTAL ADMINISTRATION AND SERVICE

WIDE ACTIVITIES ................................................... 156,747 146,747

TOTAL OPERATION & MAINTENANCE, SPACE

FORCE ........................................................................ 3,440,712 3,611,012

OPERATION & MAINTENANCE, AF RESERVE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ...................................... 1,665,015 1,636,015

Unjustified growth .......................................................... [–29,000 ]

020 MISSION SUPPORT OPERATIONS ............................ 179,486 179,486

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 530,540 530,540

040 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 114,987 123,987

Program increase—FSRM .............................................. [9,000 ]

050 CONTRACTOR LOGISTICS SUPPORT AND SYS-

TEM SUPPORT ........................................................... 254,831 254,831

060 BASE SUPPORT ............................................................. 470,801 470,801

070 CYBERSPACE ACTIVITIES .......................................... 1,372 1,372

SUBTOTAL OPERATING FORCES ......................... 3,217,032 3,197,032

ADMINISTRATION AND SERVICEWIDE AC-

TIVITIES

080 ADMINISTRATION ........................................................ 91,289 91,289

090 RECRUITING AND ADVERTISING ............................ 23,181 23,181

100 MILITARY MANPOWER AND PERS MGMT (ARPC) 13,966 13,966

110 OTHER PERS SUPPORT (DISABILITY COMP) ......... 6,196 6,196

120 AUDIOVISUAL ............................................................... 442 442

SUBTOTAL ADMINISTRATION AND

SERVICEWIDE ACTIVITIES ................................. 135,074 135,074

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... –18,000

Historical unobligated balances ..................................... [–18,000 ]

SUBTOTAL UNDISTRIBUTED ................................. –18,000

TOTAL OPERATION & MAINTENANCE, AF RE-

SERVE ......................................................................... 3,352,106 3,314,106

OPERATION & MAINTENANCE, ANG

OPERATING FORCES

010 AIRCRAFT OPERATIONS ............................................. 2,281,432 2,281,432

020 MISSION SUPPORT OPERATIONS ............................ 582,848 588,748

CNGB UFR—HRF/CERFP sustainment ....................... [5,900 ]

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,241,318 1,226,318

Unjustified growth .......................................................... [–15,000 ]

040 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 353,193 379,193

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135 STAT. 2309 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

Program increase—FSRM .............................................. [26,000 ]

050 CONTRACTOR LOGISTICS SUPPORT AND SYS-

TEM SUPPORT ........................................................... 1,077,654 1,067,654

Unjustified growth .......................................................... [–10,000 ]

060 BASE SUPPORT ............................................................. 908,198 908,198

070 CYBERSPACE SUSTAINMENT ................................... 23,895 23,895

080 CYBERSPACE ACTIVITIES .......................................... 17,263 17,263

SUBTOTAL OPERATING FORCES ......................... 6,485,801 6,492,701

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

090 ADMINISTRATION ........................................................ 46,455 46,455

100 RECRUITING AND ADVERTISING ............................ 41,764 41,764

SUBTOTAL ADMINISTRATION AND SERVICE-

WIDE ACTIVITIES ................................................... 88,219 88,219

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... –15,000

Historical unobligated balances ..................................... [–15,000 ]

SUBTOTAL UNDISTRIBUTED ................................. –15,000

TOTAL OPERATION & MAINTENANCE, ANG .... 6,574,020 6,565,920

OPERATION AND MAINTENANCE, DEFENSE-

WIDE

OPERATING FORCES

010 JOINT CHIEFS OF STAFF ........................................... 407,240 402,240

Unjustified growth .......................................................... [–5,000 ]

020 JOINT CHIEFS OF STAFF—CE2T2 ............................ 554,634 607,734

AFRICOM UFR—Joint Exercise Program .................... [18,000 ]

INDOPACOM UFR—Joint Exercise Program .............. [35,100 ]

030 JOINT CHIEFS OF STAFF—CYBER ........................... 8,098 8,098

050 SPECIAL OPERATIONS COMMAND COMBAT DE-

VELOPMENT ACTIVITIES ....................................... 2,044,479 2,047,789

SOCOM—Armored ground mobility systems (AGMS)

acceleration .................................................................. [3,310 ]

060 SPECIAL OPERATIONS COMMAND CYBERSPACE

ACTIVITIES ................................................................. 45,851 45,851

070 SPECIAL OPERATIONS COMMAND INTEL-

LIGENCE ..................................................................... 1,614,757 1,614,757

080 SPECIAL OPERATIONS COMMAND MAINTE-

NANCE ......................................................................... 1,081,869 1,088,210

SOCOM UFR—Modernized forward look sonar ........... [900 ]

SOCOM UFR—Personal signature management accel-

eration .......................................................................... [5,441 ]

090 SPECIAL OPERATIONS COMMAND MANAGE-

MENT/OPERATIONAL HEADQUARTERS .............. 180,042 180,042

100 SPECIAL OPERATIONS COMMAND OPER-

ATIONAL SUPPORT .................................................. 1,202,060 1,202,060

110 SPECIAL OPERATIONS COMMAND THEATER

FORCES ....................................................................... 3,175,789 3,175,789

SUBTOTAL OPERATING FORCES ......................... 10,314,819 10,372,570

TRAINING AND RECRUITING

130 DEFENSE ACQUISITION UNIVERSITY .................... 171,607 171,607

140 JOINT CHIEFS OF STAFF ........................................... 92,905 92,905

150 PROFESSIONAL DEVELOPMENT EDUCATION ..... 31,669 31,669

SUBTOTAL TRAINING AND RECRUITING ......... 296,181 296,181

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135 STAT. 2310 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

ADMIN & SRVWIDE ACTIVITIES

170 CIVIL MILITARY PROGRAMS ..................................... 137,311 264,592

Program increase—National Guard Youth Challenge [85,281 ]

Program increase—STARBASE ..................................... [42,000 ]

190 DEFENSE CONTRACT AUDIT AGENCY ................... 618,526 606,526

Unjustified growth .......................................................... [–12,000 ]

200 DEFENSE CONTRACT AUDIT AGENCY—CYBER ... 3,984 3,984

220 DEFENSE CONTRACT MANAGEMENT AGENCY ... 1,438,296 1,435,796

Unjustified growth .......................................................... [–2,500 ]

230 DEFENSE CONTRACT MANAGEMENT AGENCY—

CYBER .......................................................................... 11,999 11,999

240 DEFENSE COUNTERINTELLIGENCE AND SECU-

RITY AGENCY ............................................................ 941,488 931,488

Unjustified growth .......................................................... [–10,000 ]

260 DEFENSE COUNTERINTELLIGENCE AND SECU-

RITY AGENCY—CYBER ............................................ 9,859 9,859

270 DEFENSE HUMAN RESOURCES ACTIVITY ............ 816,168 881,168

DHRA/DSPO—support FY2021 congressional in-

creases .......................................................................... [5,000 ]

DHRA/SAPRO—FY2021 baseline restoral .................... [60,000 ]

280 DEFENSE HUMAN RESOURCES ACTIVITY—

CYBER ......................................................................... 17,655 17,655

290 DEFENSE INFORMATION SYSTEMS AGENCY ....... 1,913,734 1,934,769

milCloud 2.0 migration ................................................... [21,035 ]

310 DEFENSE INFORMATION SYSTEMS AGENCY—

CYBER .......................................................................... 530,278 612,378

Program increase—hardening DOD networks .............. [62,100 ]

Program increase—securing the Department of De-

fense Information Network ......................................... [20,000 ]

350 DEFENSE LEGAL SERVICES AGENCY .................... 229,498 229,498

360 DEFENSE LOGISTICS AGENCY ................................. 402,864 407,664

Program increase—Procurement Technical Assistance

Program ........................................................................ [4,800 ]

370 DEFENSE MEDIA ACTIVITY ....................................... 222,655 222,655

380 DEFENSE PERSONNEL ACCOUNTING AGENCY ... 130,174 155,174

DPAA (POW/MIA)—support FY2021 congressional in-

creases .......................................................................... [25,000 ]

390 DEFENSE SECURITY COOPERATION AGENCY ..... 2,067,446 1,922,157

Program increase ............................................................. [104,711 ]

Transfer to Ukraine Security Assistance ...................... [–250,000 ]

420 DEFENSE TECHNOLOGY SECURITY ADMINIS-

TRATION ..................................................................... 39,305 39,305

440 DEFENSE THREAT REDUCTION AGENCY ............. 885,749 885,749

460 DEFENSE THREAT REDUCTION AGENCY—

CYBER .......................................................................... 36,736 36,736

470 DEPARTMENT OF DEFENSE EDUCATION ACTIV-

ITY ................................................................................ 3,138,345 3,208,345

Program increase—Impact Aid ...................................... [50,000 ]

Program increase—Impact Aid for children with se-

vere disabilities ............................................................ [20,000 ]

490 MISSILE DEFENSE AGENCY ...................................... 502,450 502,450

530 OFFICE OF THE LOCAL DEFENSE COMMUNITY

COOPERATION—OSD ............................................... 89,686 104,686

Program increase—Defense Community Infrastruc-

ture Program ................................................................ [15,000 ]

540 OFFICE OF THE SECRETARY OF DEFENSE .......... 1,766,614 1,844,114

Bien Hoa dioxin cleanup ................................................. [15,000 ]

Cost Assessment Data Enterprise ................................. [3,500 ]

Military working dog pilot program .............................. [10,000 ]

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135 STAT. 2311 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

National Commission on Synthetic Biology .................. [10,000 ]

Office of the Secretary of Defense civilian workforce ... [9,000 ]

Personnel in the Office of Assistant Secretary of De-

fense Sustainment and Environment, Safety, and

Occupational Health .................................................... [3,000 ]

Program increase—Afghanistan War Commission ....... [5,000 ]

Program increase—CDC water contamination study

and assessment ............................................................ [15,000 ]

Program increase—Commission on Planning, Pro-

gramming, Budgeting, and Execution Reform .......... [5,000 ]

Program increase—Commission on the National De-

fense Strategy .............................................................. [5,000 ]

Program increase—Commission on the Strategic Pos-

ture of the U.S. ............................................................ [7,000 ]

Unjustified growth—non-pay ......................................... [–10,000 ]

550 OFFICE OF THE SECRETARY OF DEFENSE—

CYBER .......................................................................... 32,851 32,851

560 SPACE DEVELOPMENT AGENCY .............................. 53,851 53,851

570 WASHINGTON HEADQUARTERS SERVICES .......... 369,698 364,698

Unjustified growth .......................................................... [–5,000 ]

999 CLASSIFIED PROGRAMS ............................................. 17,900,146 17,833,213

Classified adjustment ..................................................... [–66,933 ]

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .... 34,307,366 34,553,360

UNDISTRIBUTED

998 UNDISTRIBUTED .......................................................... 490,304

Depot capital investment ................................................ [500,000 ]

Program reduction—SOCOM unjustified increase in

management and headquarters expenses .................. [–9,696 ]

SUBTOTAL UNDISTRIBUTED ................................. 490,304

TOTAL OPERATION AND MAINTENANCE, DE-

FENSE-WIDE ............................................................. 44,918,366 45,712,415

MISCELLANEOUS APPROPRIATIONS

US COURT OF APPEALS FOR THE ARMED

FORCES, DEF

010 US COURT OF APPEALS FOR THE ARMED

FORCES, DEFENSE ................................................... 15,589 15,589

SUBTOTAL US COURT OF APPEALS FOR THE

ARMED FORCES, DEF ........................................... 15,589 15,589

TOTAL MISCELLANEOUS APPROPRIATIONS .. 15,589 15,589

MISCELLANEOUS APPROPRIATIONS

OVERSEAS HUMANITARIAN, DISASTER, AND

CIVIC AID

010 OVERSEAS HUMANITARIAN, DISASTER AND

CIVIC AID .................................................................... 110,051 150,051

Program increase ............................................................. [40,000 ]

SUBTOTAL OVERSEAS HUMANITARIAN, DIS-

ASTER, AND CIVIC AID ......................................... 110,051 150,051

TOTAL MISCELLANEOUS APPROPRIATIONS .. 110,051 150,051

MISCELLANEOUS APPROPRIATIONS

COOPERATIVE THREAT REDUCTION AC-

COUNT

010 COOPERATIVE THREAT REDUCTION ..................... 239,849 344,849

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135 STAT. 2312 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

Program increase—Biological Threat Reduction Pro-

gram .............................................................................. [105,000 ]

SUBTOTAL COOPERATIVE THREAT REDUC-

TION ACCOUNT ....................................................... 239,849 344,849

TOTAL MISCELLANEOUS APPROPRIATIONS .. 239,849 344,849

MISCELLANEOUS APPROPRIATIONS

ACQUISITION WORKFORCE DEVELOPMENT

010 ACQ WORKFORCE DEV FD ......................................... 54,679 54,679

SUBTOTAL ACQUISITION WORKFORCE DE-

VELOPMENT ............................................................. 54,679 54,679

TOTAL MISCELLANEOUS APPROPRIATIONS .. 54,679 54,679

MISCELLANEOUS APPROPRIATIONS

ENVIRONMENTAL RESTORATION, ARMY

050 ENVIRONMENTAL RESTORATION, ARMY .............. 200,806 299,606

Program increase for PFAS ............................................ [98,800 ]

SUBTOTAL ENVIRONMENTAL RESTORATION,

ARMY ........................................................................... 200,806 299,606

TOTAL MISCELLANEOUS APPROPRIATIONS .. 200,806 299,606

MISCELLANEOUS APPROPRIATIONS

ENVIRONMENTAL RESTORATION, NAVY

060 ENVIRONMENTAL RESTORATION, NAVY .............. 298,250 465,550

Program increase for PFAS ............................................ [167,300 ]

SUBTOTAL ENVIRONMENTAL RESTORATION,

NAVY ........................................................................... 298,250 465,550

TOTAL MISCELLANEOUS APPROPRIATIONS .. 298,250 465,550

MISCELLANEOUS APPROPRIATIONS

ENVIRONMENTAL RESTORATION, AIR FORCE

070 ENVIRONMENTAL RESTORATION, AIR FORCE .... 301,768 476,768

Program increase for PFAS ............................................ [175,000 ]

SUBTOTAL ENVIRONMENTAL RESTORATION,

AIR FORCE ................................................................ 301,768 476,768

TOTAL MISCELLANEOUS APPROPRIATIONS .. 301,768 476,768

MISCELLANEOUS APPROPRIATIONS

ENVIRONMENTAL RESTORATION, DEFENSE

080 ENVIRONMENTAL RESTORATION, DEFENSE ....... 8,783 10,979

Program increase ............................................................. [2,196 ]

SUBTOTAL ENVIRONMENTAL RESTORATION,

DEFENSE ................................................................... 8,783 10,979

TOTAL MISCELLANEOUS APPROPRIATIONS .. 8,783 10,979

MISCELLANEOUS APPROPRIATIONS

ENVIRONMENTAL RESTORATION FORMERLY

USED SITES

090 ENVIRONMENTAL RESTORATION FORMERLY

USED SITES ................................................................ 218,580 292,580

Program increase for PFAS ............................................ [74,000 ]

SUBTOTAL ENVIRONMENTAL RESTORATION

FORMERLY USED SITES ...................................... 218,580 292,580

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135 STAT. 2313 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2022

Request

Conference

Authorized

TOTAL MISCELLANEOUS APPROPRIATIONS .. 218,580 292,580

UKRAINE SECURITY ASSISTANCE

010 UKRAINE SECURITY ASSISTANCE .......................... 300,000

Program increase ............................................................. [50,000 ]

Transfer from Defense Security Cooperation Agency .. [250,000 ]

TOTAL UKRAINE SECURITY ASSISTANCE ........ 300,000

TOTAL OPERATION & MAINTENANCE ............... 253,623,852 255,404,231

TITLE XLIV—MILITARY PERSONNEL

SEC. 4401. MILITARY PERSONNEL.

SEC. 4401. MILITARY PERSONNEL

(In Thousands of Dollars)

Item

FY 2022

Request

Conference

Authorized

Military Personnel Appropriations ............................................... 157,947,920 157,567,460

ARNG CBRN Response Forces Readiness ................................... [9,200 ]

Manpower costs associated with retaining two cruisers ............ [45,000 ]

A–10/F–35 Active duty maintainers ............................................ [93,000 ]

Military personnel historical underexecution ............................. [–527,660 ]

Medicare-Eligible Retiree Health Care Fund Contributions ..... 9,337,175 9,337,175

TOTAL, Military Personnel .............................................. 167,285,095 166,904,635

TITLE XLV—OTHER AUTHORIZATIONS

SEC. 4501. OTHER AUTHORIZATIONS.

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2022

Request

Conference

Authorized

WORKING CAPITAL FUND, ARMY

ARMY ARSENALS INITIATIVE ................................................. 26,935 26,935

ARMY SUPPLY MANAGEMENT ................................................ 357,776 357,776

TOTAL WORKING CAPITAL FUND, ARMY ................ 384,711 384,711

WORKING CAPITAL FUND, NAVY

SUPPLY MANAGEMENT—NAVY .............................................. 150,000 150,000

TOTAL WORKING CAPITAL FUND, NAVY ................ 150,000 150,000

WORKING CAPITAL FUND, AIR FORCE

SUPPLY MANAGEMENT ............................................................ 77,453 77,453

TOTAL WORKING CAPITAL FUND, AIR FORCE ..... 77,453 77,453

WORKING CAPITAL FUND, DEFENSE-WIDE

ENERGY MANAGEMENT—DEFENSE ..................................... 40,000 40,000

SUPPLY CHAIN MANAGEMENT—DEFENSE ........................ 87,765 87,765

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135 STAT. 2314 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2022

Request

Conference

Authorized

TOTAL WORKING CAPITAL FUND, DEFENSE-

WIDE ................................................................................... 127,765 127,765

WORKING CAPITAL FUND, DECA

COMMISSARY OPERATIONS .................................................... 1,162,071 1,162,071

TOTAL WORKING CAPITAL FUND, DECA ................ 1,162,071 1,162,071

CHEM AGENTS & MUNITIONS DESTRUCTION

CHEM DEMILITARIZATION—O&M ......................................... 93,121 93,121

CHEM DEMILITARIZATION—RDT&E ..................................... 1,001,231 1,001,231

TOTAL CHEM AGENTS & MUNITIONS DESTRUC-

TION ................................................................................... 1,094,352 1,094,352

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF

COUNTER-NARCOTICS SUPPORT ........................................... 593,250 593,250

DRUG DEMAND REDUCTION PROGRAM .............................. 126,024 126,024

NATIONAL GUARD COUNTER-DRUG PROGRAM ................. 96,970 96,970

NATIONAL GUARD COUNTER-DRUG SCHOOLS .................. 5,664 5,664

TOTAL DRUG INTERDICTION & CTR-DRUG AC-

TIVITIES, DEF ................................................................. 821,908 821,908

OFFICE OF THE INSPECTOR GENERAL

OFFICE OF THE INSPECTOR GENERAL ................................ 434,700 434,700

OFFICE OF THE INSPECTOR GENERAL—CYBER ............... 1,218 1,218

OFFICE OF THE INSPECTOR GENERAL—RDTE .................. 2,365 2,365

OFFICE OF THE INSPECTOR GENERAL—PROCURE-

MENT ......................................................................................... 80 80

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 438,363 438,363

DEFENSE HEALTH PROGRAM

IN-HOUSE CARE .......................................................................... 9,720,004 9,587,742

Assumptions for care ..................................................... [–27,800 ]

Excess funding for capability replacement .................. [–104,462 ]

PRIVATE SECTOR CARE ............................................................ 18,092,679 18,068,879

Unjustified support services growth ............................. [–23,800 ]

CONSOLIDATED HEALTH SUPPORT ...................................... 1,541,122 1,556,522

Assumptions for care ..................................................... [–14,600 ]

Program increase: Anomalous health incidents care

capacity ......................................................................... [30,000 ]

INFORMATION MANAGEMENT ............................................... 2,233,677 2,233,677

MANAGEMENT ACTIVITIES ..................................................... 335,138 335,138

EDUCATION AND TRAINING ................................................... 333,234 333,234

BASE OPERATIONS/COMMUNICATIONS ............................... 1,926,865 1,921,865

Program decrease ........................................................... [–5,000 ]

R&D RESEARCH .......................................................................... 9,091 9,091

R&D EXPLORATRY DEVELOPMENT ....................................... 75,463 75,463

R&D ADVANCED DEVELOPMENT ........................................... 235,556 235,556

R&D DEMONSTRATION/VALIDATION .................................... 142,252 142,252

R&D ENGINEERING DEVELOPMENT .................................... 101,054 101,054

R&D MANAGEMENT AND SUPPORT ...................................... 49,645 49,645

R&D CAPABILITIES ENHANCEMENT .................................... 17,619 17,619

UNDISTRIBUTED RDT&E .......................................................... 12,500

Combat triple negative breast cancer .......................... [10,000 ]

Post-traumatic stress disorder ...................................... [2,500 ]

PROC INITIAL OUTFITTING ..................................................... 20,926 20,926

PROC REPLACEMENT & MODERNIZATION ......................... 250,366 250,366

PROC MILITARY HEALTH SYSTEM—DESKTOP TO

DATACENTER ........................................................................... 72,302 72,302

PROC DOD HEALTHCARE MANAGEMENT SYSTEM MOD-

ERNIZATION ............................................................................. 435,414 435,414

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135 STAT. 2315 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2022

Request

Conference

Authorized

TOTAL DEFENSE HEALTH PROGRAM ...................... 35,592,407 35,459,245

TOTAL OTHER AUTHORIZATIONS ............................. 39,849,030 39,715,868

TITLE XLVI—MILITARY CONSTRUCTION

SEC. 4601. MILITARY CONSTRUCTION.

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Alabama

Army Fort Rucker AIT Barracks Complex ............................. 0 66,000

Army Redstone Arsenal Propulsion Systems Lab ........................... 55,000 55,000

Belgium

Army Shape Head-

quarters

Command and Control Facility ............... 16,000 16,000

California

Army Fort Irwin Simulations Center ................................... 52,000 52,000

Georgia

Army Fort Gordon Cyber Center of Excellence School Head-

quarters and Classrooms (P&D).

0 3,670

Army Fort Gordon Cyber Instructional Fac (Admin/Cmd),

Inc. 2.

69,000 69,000

Army Fort Stewart Barracks .................................................... 0 105,000

Germany

Army East Camp

Grafenwoehr

EDI: Barracks and Dining Facility ......... 103,000 103,000

Army Smith Barracks Indoor Small Arms Range ........................ 17,500 17,500

Army Smith Barracks Live Fire Exercise Shoothouse ................. 16,000 16,000

Hawaii

Army Fort Shafter Ctc—Command and Control Facility ...... 0 55,000

Army Wheeler Army

Airfield

Rotary Wing Parking Apron .................... 0 56,000

Army Wheeler Army

Airfield

Aviation Unit OPS Building .................... 0 84,000

Army West Loch Nav

Mag Annex

Ammunition Storage ................................. 51,000 51,000

Kansas

Army Fort Leavenworth Child Development Center ....................... 0 34,000

Kentucky

Army Fort Knox Child Development Center ....................... 0 27,000

Louisiana

Army Fort Polk Joint Operations Center ........................... 55,000 55,000

Army Fort Polk Barracks .................................................... 0 56,000

Maryland

Army Aberdeen Proving

Ground

Moving Target Simulator (Combat Sys-

tems Simulation Laboratory).

0 0

Army Fort Detrick Medical Waste Incinerator ....................... 0 23,981

Army Fort Detrick USAMRMC Headquarters ........................ 0 0

Army Fort Meade Barracks .................................................... 81,000 81,000

Mississippi

Army Engineer Re-

search and De-

velopment Cen-

ter

Communications Center ........................... 0 0

Army Engineer Re-

search and De-

velopment Cen-

ter

Rtd&e (Risk Lab) ...................................... 0 0

Missouri

Military

Construction

Authorization

Act for Fiscal

Year 2022.

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135 STAT. 2316 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Army Fort Leonard

Wood

Advanced Individual Training Battalion

Complex (P&D).

0 4,000

New Jersey

Army Picatinny Arsenal Igloo Storage, Installation ........................ 0 0

New Mexico

Army White Sands Mis-

sile Range

Missile Assembly Support Facility .......... 0 29,000

New York

Army Fort Hamilton Information Systems Facility ................... 26,000 26,000

Army West Point Mili-

tary Reserva-

tion

Ctc—Engineering Center ......................... 0 17,200

Army Watervliet Arse-

nal

Access Control Point ................................. 20,000 20,000

Pennsylvania

Army Letterkenny Army

Depot

Fire Station ............................................... 21,000 21,000

South Carolina

Army Fort Jackson Reception Barracks Complex, Ph2, Inc. 2 34,000 34,000

Army Fort Jackson Ctc- Reception Barracks, Ph1 .................. 0 21,000

Texas

Army Camp Bullis Ctc- Vehicle Maintenance Shop ............... 0 16,400

Army Fort Hood Barracks .................................................... 0 61,000

Army Fort Hood Barracks .................................................... 0 69,000

Virginia

Army Joint Base Lang-

ley-Eustis

AIT Barracks Complex, Ph4 .................... 0 16,000

Worldwide Classi-

fied

Army Classified Loca-

tion

Forward Operating Site ........................... 31,000 31,000

Worldwide Unspec-

ified

Army Unspecified

Worldwide Lo-

cations

Host Nation Support ................................. 27,000 27,000

Army Unspecified

Worldwide Lo-

cations

Minor Construction ................................... 35,543 35,543

Army Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 124,649 134,649

Army Worldwide Var-

ious Locations

Labs and RDT&E Planning and Design

Unfunded Requirement.

0 45,000

Army Worldwide Var-

ious Locations

Cost to Complete—Unspecified Minor

Construction.

0 69,000

Military Construction, Army Total .............................................................. 834,692 1,727,943

Arizona

Navy Marine Corps Air

Station Yuma

Combat Training Tank Complex ............. 0 29,300

Navy Marine Corps Air

Station Yuma

Bachelor Enlisted Quarters ..................... 0 0

California

Navy Marine Corps

Base Camp

Pendleton

I MEF Consolidated Information Center

Inc..

19,869 19,869

Navy Marine Corps

Base Camp

Pendleton

Warehouse Replacement .......................... 0 22,200

Navy Marine Corps

Base Camp

Pendleton

Basilone Road Realignment ..................... 0 0

Navy Marine Corps Air

Station

Miramar

F–35 Centralized Engine Repair Facility 0 31,400

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135 STAT. 2317 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Navy Marine Corps Air

Station

Miramar

Aircraft Maintenance Hangar .................. 0 185,991

Navy Naval Air Station

Lemoore

F–35C Hangar 6 Phase 2 (Mod 3/4) Inc. 75,070 50,000

Navy Marine Corps Air

Ground Combat

Center

Cost to Complete—Wastewater Treat-

ment Plant.

0 45,000

Navy Naval Base Ven-

tura County

Combat Vehicle Maintenance Facility .... 0 48,700

Navy Naval Base Ven-

tura County

MQ–25 Aircraft Maintenance Hangar .... 0 125,291

Navy Naval Base Coro-

nado

CMV–22B Aircraft Maintenance Hangar 0 63,600

Navy Marine Corps

Base Camp

Pendleton

CLB MEU Complex .................................. 0 83,900

Navy Marine Corps Re-

serve Depot San

Diego

Recruit Mess Hall Replacement .............. 0 93,700

Navy Naval Information

Warfare Center

Pacific

Reconfigurable Cyber Laboratory ............ 0 0

Navy Naval Weapons

Station Seal

Beach

Missile Magazines Inc. ............................. 10,840 10,840

Navy Naval Base San

Diego

Pier 6 Replacement Inc. ........................... 50,000 50,000

Navy San Nicholas Is-

land

Directed Energy Weapons Test Facilities 19,907 19,907

District of Columbia

Navy Naval Research

Laboratory

Electromagnetic & Cyber Counter-

measures Laboratory.

0 0

Navy Naval Research

Laboratory

Biomolecular Science & Synthetic Biol-

ogy Laboratory.

0 0

El Salvador

Navy Cooperative Secu-

rity Location

Comalapa

Hangar and Ramp Expansion .................. 0 0

Florida

Navy Naval Air Station

Jacksonville

Planning and Design for Lighterage and

Small Craft.

0 7,000

Navy Naval Surface

Warfare Center

Panama City

Division

Unmanned Vehicle Littoral Combat

Space.

0 0

Navy Naval Surface

Warfare Center

Panama City

Division

Mine Warfare RDT&E Facility ................ 0 0

Navy Naval Undersea

Warfare Center

Panama City

Division

AUTEC Pier Facility 1902 ....................... 0 37,980

Navy Marine Corps

Support Facility

Blount Island

Lighterage and Small Craft Facility ....... 0 69,400

Navy Naval Undersea

Warfare Center

Panama City

Division

Array Calibration Facility ........................ 0 0

Greece

Navy Naval Support Ac-

tivity Souda

Bay

EDI: Joint Mobility Processing Center ... 41,650 41,650

Guam

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135 STAT. 2318 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Navy Andersen Air

Force Base

Aviation Admin Building ......................... 50,890 50,890

Navy Joint Region Mar-

ianas

4th Marines Regiment Facilities ............. 109,507 65,000

Navy Joint Region Mar-

ianas

Bachelor Enlisted Quarters H Inc. .......... 43,200 43,200

Navy Joint Region Mar-

ianas

Combat Logistics Batallion–4 Facility .... 92,710 49,710

Navy Joint Region Mar-

ianas

Consolidated Armory ................................ 43,470 43,470

Navy Joint Region Mar-

ianas

Infantry Battalion Company HQ ............. 44,100 44,100

Navy Joint Region Mar-

ianas

Joint Communication Upgrade Inc. ........ 84,000 84,000

Navy Joint Region Mar-

ianas

Marine Expeditionary Brigade Enablers 66,830 66,830

Navy Joint Region Mar-

ianas

Principal End Item (PEI) Warehouse ..... 47,110 47,110

Navy Joint Region Mar-

ianas

X-Ray Wharf Berth 2 ................................ 103,800 51,900

Hawaii

Navy Marine Corps

Training Area

Bellows

Perimeter Security Fence ......................... 0 6,220

Navy Marine Corps

Base Kaneohe

Bachelor Enlisted Quarters, Ph 2 Inc, .... 0 101,200

Navy Marine Corps

Base Kaneohe

Electrical Distribution Modernization ..... 0 64,500

Indiana

Navy Naval Surface

Warfare Center

Crane Division

Strategic Systems Engineering & Hard-

ware Assurance Center.

0 0

Navy Naval Surface

Warfare Center

Crane Division

Corporate Operations and Training Cen-

ter.

0 0

Navy Naval Surface

Warfare Center

Crane Division

Anti-Ship Missile Defense Life Cycle In-

tegration and Test Center.

0 0

Japan

Navy Fleet Activities

Yokosuka

Pier 5 (Berths 2 and 3) Inc. ..................... 15,292 15,292

Navy Fleet Activities

Yokosuka

Ship Handling & Combat Training Fa-

cilities.

49,900 49,900

Maine

Navy Naval Support Ac-

tivity Cutler

Firehouse (P&D) ....................................... 0 2,500

Navy Portsmouth Naval

Shipyard

Multi-Mission Drydock #1 Extension Inc. 250,000 250,000

Navy Portsmouth Naval

Shipyard

Multi-Mission Drydock #1 Extension

Inc.—Navy #1 Ufr.

0 0

Maryland

Navy Naval Air Station

Patuxent River

Planning and Design for Aircraft Proto-

typing Facility, Ph 3.

0 1,500

Navy Naval Air War-

fare Center Air-

craft Division

Aircraft Prototyping Facility, Ph 3 .......... 0 0

Navy Naval Air War-

fare Center Air-

craft Division

Rotary Wing T&E Hangar Replacement 0 0

Navy Naval Surface

Warfare Center

Carderock Divi-

sion

Ship Systems Design & Integration Fa-

cility.

0 0

Navy Naval Surface

Warfare Center

Carderock Divi-

sion

ARD Range Craft Berthing Facility ........ 0 0

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135 STAT. 2319 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Navy Naval Surface

Warfare Center

Carderock Divi-

sion

Navy Combatant Craft Laboratory ......... 0 0

Navy Naval Surface

Warfare Center

Indian Head

Planning and Design for Contained Burn

Facility.

0 1,500

Navy Naval Surface

Warfare Center

Indian Head

Energetic Systems and Technology Lab-

oratory Complex, Ph 2.

0 0

Navy Naval Surface

Warfare Center

Indian Head

Contained Burn Facility ........................... 0 0

Navy Naval Surface

Warfare Center

Indian Head

Energetic Chemical Scale-up Facility ..... 0 0

Navy Naval Surface

Warfare Center

Indian Head

Energetics Prototyping Facility ............... 0 0

Navy Naval Surface

Warfare Center

Indian Head

Energetic Systems and Technology Lab-

oratory Complex, Ph 3.

0 0

Nevada

Navy Naval Air Station

Fallon

Training Range Land Acquisition—Ph 2 48,250 0

North Carolina

Navy Marine Corps

Base Camp

Lejeune

Cost to Complete—Water Treatment

Plant Replacement Hadnot Pt.

0 64,200

Navy Marine Corps

Base Camp

Lejeune

II MEF Operations Center Replacement

Inc..

42,200 42,200

Navy Marine Corps Air

Station Cherry

Point

Aircraft Maintenance Hangar .................. 207,897 57,897

Navy Marine Corps Air

Station Cherry

Point

F–35 Flightline Utilities Modernization

Ph 2.

113,520 30,000

Navy Marine Corps Air

Station Cherry

Point

F–35 Joint Strike Fighter Sustainment

Center (P–993) (P&D).

0 10,000

Navy Marine Corps Air

Station Cherry

Point

Ctc—ATC Tower and Airfield Operations 0 18,700

Navy Marine Corps Air

Station New

River

Maintenance Hangar (P&D) .................... 0 13,300

Navy Marine Corps Air

Station New

River

Aircraft Maintenance Hangar Addition/

Alteration (P&D).

0 2,700

Pennsylvania

Navy Naval Surface

Warfare Center

Philadelphia Di-

vision

Machinery Control Development Center 0 77,290

Navy Naval Surface

Warfare Center

Philadelphia Di-

vision

Machinery Integration Lab, Ph 1 ............ 0 0

Navy Naval Surface

Warfare Center

Philadelphia Di-

vision

Power & Energy Tech Systems Integra-

tion Lab.

0 0

Poland

Navy Redzikowo AEGIS Ashore Barracks Planning and

Design.

0 0

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135 STAT. 2320 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Rhode Island

Navy Naval Station

Newport

Next Generation Torpedo Integration

Lab (P&D).

0 1,200

Navy Naval Station

Newport

Submarine Payloads Integration Labora-

tory (P&D).

0 1,400

Navy Naval Station

Newport

Consolidated RDT&E Systems Facility

(P&D).

0 1,700

Navy Naval Station

Newport

Next Generation Secure Submarine Plat-

form Facility (P&D).

0 4,000

Navy Naval Undersea

Warfare Center

Newport Divi-

sion

Next Generation Secure Submarine Plat-

form Facility.

0 0

Navy Naval Undersea

Warfare Center

Newport Divi-

sion

Next Generation Torpedo Integration

Lab.

0 0

Navy Naval Undersea

Warfare Center

Newport Divi-

sion

Submarine Payloads Integration Facility 0 0

Navy Naval Undersea

Warfare Center

Newport Divi-

sion

Consolidation RDT&E Systems Facility 0 0

South Carolina

Navy Marine Corps Air

Station Beau-

fort

Instrument Landing System .................... 0 3,000

Navy Marine Corps Air

Station Beau-

fort

F–35 Operational Support Facility .......... 0 4,700

Navy Marine Corps Air

Station Beau-

fort

Ctc—Recycling/Hazardous Waste Facil-

ity.

0 5,000

Navy Marine Corps Air

Station Beau-

fort

Aircraft Maintenance Hangar .................. 0 122,600

Navy Marine Corps Re-

serve Depot

Parris Island

Entry Control Facility .............................. 0 6,000

Spain

Navy Naval Station

Rota

EDI: Explosive Ordnance Disposal

(EOD) Mobile Unit Facilities.

0 85,600

Texas

Navy Naval Air Station

Kingsville

Planning and Design for Fire Rescue

Safety Center.

0 2,500

Virginia

Navy Naval Station

Norfolk

CMV–22 Aircraft Maintenance Hangar

and Airfield Improvement.

0 75,100

Navy Naval Station

Norfolk

Submarine Pier 3 Inc. .............................. 88,923 43,923

Navy Naval Surface

Warfare Center

Dahlgren Divi-

sion

Cyber Threat & Weapon Systems Engi-

neering Complex.

0 0

Navy Naval Surface

Warfare Center

Dahlgren Divi-

sion

High Powered Electric Weapons Labora-

tory.

0 0

Navy Norfolk Naval

Shipyard

Dry Dock Saltwater System for CVN–78 156,380 30,000

Navy Marine Corps

Base Quantico

Vehicle Inspection and Visitor Control

Center.

42,850 42,850

Navy Marine Corps

Base Quantico

Wargaming Center Inc. ............................ 30,500 30,500

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135 STAT. 2321 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Navy Naval Weapons

Station York-

town

Navy Munitions Command (Nmc) Ord-

nance Facilities Recap, Phase 2.

0 93,500

Worldwide Unspec-

ified

Navy Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 363,252 413,252

Navy Unspecified

Worldwide Lo-

cations

Shipyard Investment Optimization Pro-

gram.

0 225,000

Navy Unspecified

Worldwide Lo-

cations

Shipyard Investment Optimization Pro-

gram—Planning and Design.

0 62,820

Navy Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 56,435 56,435

Navy Worldwide Var-

ious Locations

PDI: Planning and Design Unfunded Re-

quirement.

0 68,200

Navy Worldwide Var-

ious Locations

Unspecified Minor Construction .............. 0 75,000

Navy Worldwide Var-

ious Locations

Labs and RDT&E Planning and Design

Unfunded Requirement.

0 50,000

Military Construction, Navy Total .............................................................. 2,368,352 3,895,117

Alaska

AF Eielson Air Force

Base

Contaminated Soil Removal ..................... 0 44,850

AF Joint Base Elmen-

dorf-Richardson

Extend Runway 16/34, Inc. 1 ................... 79,000 79,000

Arizona

AF Davis-Monthan

Air Force Base

South Wilmot Gate ................................... 13,400 13,400

AF Luke Air Force

Base

F–35A ADAL AMU Facility Squadron #6 28,000 28,000

AF Luke Air Force

Base

F–35A Squadron Operations Facility #6 21,000 21,000

Australia

AF Royal Australian

Air Force Base

Darwin

Squadron Operations Facility .................. 7,400 7,400

AF Royal Australian

Air Force Base

Tindal

Aircraft Maintenance Support Facility ... 6,200 6,200

AF Royal Australian

Air Force Base

Tindal

Squadron Operations Facility .................. 8,200 8,200

California

AF Edwards Air

Force Base

Flight Test Engineering Lab Complex .... 4,000 4,000

AF Edwards Air

Force Base

Upgrade Munitions Complex ................... 0 0

AF Edwards Air

Force Base

Rocket Engineering, Analysis, and Col-

laboration Hub (Reach).

0 0

AF Vandenberg Space

Force Base

GBSD Re-Entry Vehicle Facility ............. 48,000 48,000

AF Vandenberg Space

Force Base

GBSD Stage Processing Facility .............. 19,000 19,000

Colorado

AF Schriever Space

Force Base

ADAL Fitness Center ............................... 0 30,000

AF United States Air

Force Academy

Add High Bay Vehicle Maintenance ....... 0 4,360

AF United States Air

Force Academy

Cadet Prep School Dormitory .................. 0 0

District of Columbia

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135 STAT. 2322 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

AF Joint Base Ana-

costia Bolling

Joint Air Defense Operations Center Ph

24,000 24,000

Florida

AF Eglin Air Force

Base

Weapons Technology Integration Center

(P&D).

0 40,000

AF Eglin Air Force

Base

HC-Blackfyre Facilities ............................ 0 0

AF Eglin Air Force

Base

JADC2 & Abms Test Facility .................. 0 0

AF Eglin Air Force

Base

F–35A Development/Operational Test 2–

Bay Hangar (P&D).

0 4,000

AF Eglin Air Force

Base

Ctc—Advanced Munitions Technology

Complex.

0 35,000

AF Eglin Air Force

Base

Integrated Control Facility ...................... 0 0

AF Eglin Air Force

Base

F–35A Development Test 2–Bay MX

Hangar.

0 0

AF Eglin Air Force

Base

Flightline Fire Station at Duke Field ..... 0 14,000

Georgia

AF Moody Air Force

Base

41 Rqs Hh–60w Apron .............................. 0 0

Germany

AF Spangdahlem Air

Base

F/a–22 LO/Composite Repair Facility ..... 22,625 22,625

Guam

AF Joint Region Mar-

ianas

Airfield Damage Repair Warehouse ........ 30,000 30,000

AF Joint Region Mar-

ianas

Hayman Munitions Storage Igloos,

MSA2.

9,824 9,824

AF Joint Region Mar-

ianas

Munitions Storage Igloos IV .................... 55,000 55,000

Hawaii

AF Maui Experi-

mental Site #3

Secure Integration Support Lab W/ Land

Acquisition (P&D).

0 8,800

Hungary

AF Kecskemet Air

Base

EDI: Construct Airfield Upgrades ........... 20,564 20,564

AF Kecskemet Air

Base

EDI: Construct Parallel Taxiway ............ 38,650 38,650

Italy

AF Aviano Air Force

Base

Area A1 Entry Control Point ................... 0 10,200

Japan

AF Kadena Air Base Airfield Damage Repair Storage Facility 38,000 38,000

AF Kadena Air Base Helicopter Rescue OPS Maintenance

Hangar.

168,000 35,000

AF Kadena Air Base Replace Munitions Structures ................. 26,100 26,100

AF Misawa Air Base Airfield Damage Repair Facility .............. 25,000 25,000

AF Yokota Air Base C–130J Corrosion Control Hangar .......... 67,000 67,000

AF Yokota Air Base Airfield Damage Repair Warehouse ........ 0 39,000

AF Yokota Air Base Construct CATM Facility ......................... 25,000 25,000

Louisiana

AF Barksdale Air

Force Base

Weapons Generation Facility, Inc. 1 ....... 40,000 40,000

AF Barksdale Air

Force Base

New Entrance Road and Gate Com-

plex—Ctc.

0 36,000

Maryland

AF Joint Base An-

drews

Fire Crash Rescue Station ....................... 26,000 26,000

AF Joint Base An-

drews

Military Working Dog Kennel—Ctc ........ 0 10,000

Massachusetts

AF Hanscom Air

Force Base

NC3 Acquisitions Management Facility 66,000 66,000

Nebraska

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135 STAT. 2323 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

AF Offutt Air Force

Base

Replace Trestle F312 ................................ 0 0

Nevada

AF Creech Air Force

Base

Warrior Fitness Training Center (P&D) 0 2,200

AF Creech Air Force

Base

Mission Support Facility .......................... 0 14,200

New Mexico

AF Cannon Air Force

Base

192 Bed Dormitory (P&D) ........................ 0 5,568

AF Cannon Air Force

Base

Deployment Processing Center (P&D) .... 0 5,976

AF Holloman Air

Force Base

Indoor Target Flip Facility (P&D) ........... 0 2,340

AF Holloman Air

Force Base

RAMS Indoor Target Flip Facility .......... 0 0

AF Holloman Air

Force Base

Holloman High Speed Test Track Re-

capitalization.

0 0

AF Holloman Air

Force Base

ADAL Fabrication Shop ........................... 0 0

AF Holloman Air

Force Base

MQ–9 Formal Training Unit Operations

Facility.

0 0

AF Kirtland Air Force

Base

Dedicated Facility for the Space Rapid

Capabilities Office (P&D).

0 5,280

AF Kirtland Air Force

Base

Ctc—Wyoming Gate Antiterrorism Com-

pliance.

0 5,600

AF Kirtland Air Force

Base

Pj/Cro Urban Training Complex (P&D) .. 0 810

AF Kirtland Air Force

Base

High Power Electromagnetic (HPEM)

Laboratory.

0 0

AF Kirtland Air Force

Base

Laser Effects & Simulation Laboratory .. 0 0

AF Kirtland Air Force

Base

ADAL Systems & Engineering Lab ......... 0 0

New Jersey

AF Joint Base

McGuire-Dix-

Lakehurst

SFS OPS Confinement Facility (P&D) .... 0 450

Ohio

AF Wright-Patterson

Air Force Base

Child Development Center ....................... 0 24,000

AF Wright-Patterson

Air Force Base

Human Performance Wing Laboratory ... 0 0

AF Wright-Patterson

Air Force Base

Bionatronics Research Center Labora-

tory.

0 0

Oklahoma

AF Tinker Air Force

Base

KC–46A 3–Bay Depot Maintenance

Hangar.

160,000 60,000

South Carolina

AF Joint Base

Charleston

Flightline Support Facility ....................... 0 29,000

AF Joint Base

Charleston

Fire and Rescue Station ........................... 0 30,000

South Dakota

AF Ellsworth Air

Force Base

B–21 2–Bay LO Restoration Facility,

Inc. 2.

91,000 41,000

AF Ellsworth Air

Force Base

B–21 ADAL Flight Simulator .................. 24,000 24,000

AF Ellsworth Air

Force Base

B–21 Field Training Detachment Facil-

ity.

47,000 47,000

AF Ellsworth Air

Force Base

B–21 Formal Training Unit/AMU ........... 70,000 70,000

AF Ellsworth Air

Force Base

B–21 Mission Operations Planning Fa-

cility.

36,000 36,000

AF Ellsworth Air

Force Base

B–21 Washrack & Maintenance Hangar 65,000 65,000

Spain

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135 STAT. 2324 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

AF Moron Air Base EDI-Hot Cargo Pad ................................... 8,542 8,542

Tennessee

AF Arnold Air Force

Base

Cooling Water Expansion, Rowland

Creek.

0 0

AF Arnold Air Force

Base

Add/Alter Test Cell Delivery Bay ............ 0 14,600

AF Arnold Air Force

Base

Primary Pumping Station Upgrades ....... 0 0

Texas

AF Joint Base San

Antonio

BMT Recruit Dormitory 7 ........................ 141,000 40,000

AF Joint Base San

Antonio

BMT Recruit Dormitory 8, Inc. 3 ............ 31,000 31,000

AF Joint Base San

Antonio—Fort

Sam Houston

Child Development Center ....................... 0 29,000

AF Joint Base San

Antonio—Fort

Sam Houston

Directed Energy Research Center ........... 0 0

AF Joint Base San

Antonio—

Lackland Air

Force Base

Child Development Center ....................... 0 29,000

AF Sheppard Air

Force Base

Child Development Center ....................... 20,000 20,000

United Kingdom

AF Royal Air Force

Fairford

EDI: Construct DABS-FEV Storage ........ 94,000 94,000

AF Royal Air Force

Lakenheath

F–35A Child Development Center ........... 0 24,000

AF Royal Air Force

Lakenheath

F–35A Munition Inspection Facility ........ 31,000 31,000

AF Royal Air Force

Lakenheath

F–35 ADAL Conventional Munitions MX 0 4,500

AF Royal Air Force

Lakenheath

F–35A Weapons Load Training Facility 49,000 49,000

Utah

AF Hill Air Force

Base

GBSD Organic Software Sustainment

Ctr, Inc. 2.

31,000 31,000

Virginia

AF Joint Base Lang-

ley-Eustis

Fuel Systems Maintenance Dock ............. 0 24,000

Worldwide Unspec-

ified

AF Various World-

wide Locations

EDI: Planning & Design ........................... 648 10,648

AF Various World-

wide Locations

PDI: Planning & Design ........................... 27,200 47,200

AF Various World-

wide Locations

Planning & Design .................................... 201,453 201,453

AF Various World-

wide Locations

Intelligence, Surveillance, and Recon-

naissance Infrastructure Planning and

Design.

0 20,000

AF Various World-

wide Locations

Cost to Complete—Natural Disaster

Conus-Based Projects.

0 100,000

AF Various World-

wide Locations

EDI: UMMC .............................................. 0 15,000

AF Various World-

wide Locations

Unspecified Minor Military Construction 58,884 58,884

AF Worldwide Var-

ious Locations

Labs and RDT&E Planning and Design

Unfunded Requirement.

0 75,000

Military Construction, Air Force Total ...................................................... 2,102,690 2,485,424

Alabama

Def-Wide Fort Rucker 10 MW RICE Generator Plant and

Microgrid Controls.

0 24,000

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135 STAT. 2325 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Def-Wide Redstone Arsenal Msic Advanced Analysis Facility Phase 1

(Inc).

0 25,000

Belgium

Def-Wide Chievres Air

Force Base

Europe West District Superintendent’s

Office.

15,000 15,000

California

Def-Wide Marine Corps

Base Camp

Pendleton

Veterinary Treatment Facility Replace-

ment.

13,600 13,600

Def-Wide Silver Strand

Training Com-

plex

SOF ATC Operations Support Facility ... 21,700 21,700

Def-Wide Silver Strand

Training Com-

plex

SOF NSWG11 Operations Support Facil-

ity.

12,000 12,000

Def-Wide Marine Corps Air

Station

Miramar

Additional LFG Power Meter Station ..... 0 4,054

Def-Wide Naval Air Weap-

ons Station

China Lake

Solar Energy Storage System .................. 0 9,120

Def-Wide Naval Amphibious

Base Coronado

Ctc- SOF Training Command .................. 0 20,500

Colorado

Def-Wide Buckley Air Force

Base

JCC Expansion .......................................... 20,000 20,000

District of Columbia

Def-Wide Joint Base Ana-

costia-Bolling

DIA HQ Cooling Towers and Cond

Pumps.

0 2,257

Def-Wide Joint Base Ana-

costia-Bolling

PV Carports ............................................... 0 29,004

Florida

Def-Wide MacDill Air Force

Base

Transmission and Switching Stations ..... 0 22,000

Georgia

Def-Wide Fort Benning 4.8 MW Generation and Microgrid .......... 0 17,593

Def-Wide Fort Benning SOF Battalion Headquarters Facility ..... 62,000 62,000

Def-Wide Fort Stewart 10 MW Generation Plant, With

Microgrid Controls.

0 22,000

Def-Wide Kings Bay Naval

Submarine Base

Electrical Transmission and Distribution 0 19,314

Germany

Def-Wide Ramstein Air

Base

Ramstein Middle School ........................... 93,000 13,000

Guam

Def-Wide Polaris Point Sub-

marine Base

Inner Apra Harbor Resiliency Upgrades

Ph1.

0 38,300

Hawaii

Def-Wide Hdr-Hawaii Homeland Defense Radar (P&D) ............. 0 9,000

Def-Wide Joint Base Pearl

Harbor-Hickam

Veterinary Treatment Facility Replace-

ment.

29,800 29,800

Idaho

Def-Wide Mountain Home

Air Force Base

Water Treatment Plant and Pump Sta-

tion.

0 33,800

Japan

Def-Wide Marine Corps Air

Base Iwakuni

Fuel Pier .................................................... 57,700 57,700

Def-Wide Kadena Air Base Operations Support Facility ..................... 24,000 24,000

Def-Wide Kadena Air Base Truck Unload Facilities ............................ 22,300 22,300

Def-Wide Misawa Air Base Additive Injection Pump and Storage

Sys.

6,000 6,000

Def-Wide Naval Air Facility

Atsugi

Smart Grid for Utility and Facility Con-

trols.

0 3,810

Def-Wide Yokota Air Base Hangar/AMU ............................................. 108,253 31,653

Kuwait

Def-Wide Camp Arifjan Microgrid Controller, 1.25 MW Solar PV,

and 1.5 MWH Battery.

0 15,000

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135 STAT. 2326 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Maryland

Def-Wide Bethesda Naval

Hospital

MEDCEN Addition / Alteration, Inc. 5 ... 153,233 153,233

Def-Wide Fort Meade NSAW Mission OPS and Records Center

Inc. 1.

94,000 94,000

Def-Wide Fort Meade NSAW Recap Building 4, Inc. 1 ............... 104,100 104,100

Def-Wide Fort Meade SOF Operations Facility ........................... 100,000 75,000

Michigan

Def-Wide Camp Grayling 650 KW Gas-Fired Micro-Turbine Gen-

eration System.

0 5,700

Mississippi

Def-Wide Camp Shelby 10 MW Generation Plant an Feeder

Level Microgrid System.

0 34,500

Def-Wide Camp Shelby Electrical Distribution Infrastructure

Undergrounding Hardening Project.

0 11,155

Missouri

Def-Wide Fort Leonard

Wood

Hospital Replacement, Inc. 4 ................... 160,000 160,000

New Mexico

Def-Wide Kirtland Air Force

Base

Environmental Health Facility Replace-

ment.

8,600 8,600

New York

Def-Wide Fort Drum Wellfield Expansion Resiliency Project ... 0 27,000

North Carolina

Def-Wide Camp Lejeune Ctc—SOF Motor Transport Maintenance

Expansion.

0 0

Def-Wide Fort Bragg Ctc—SOF Intelligence Training Center .. 0 0

Def-Wide Fort Bragg 10 MW Microgrid Utilizing Existing and

New Generators.

0 19,464

Def-Wide Fort Bragg Emergency Water System ........................ 0 7,705

North Dakota

Def-Wide Cavalier Air Force

Station

Pcars Emergency Power Plant Fuel Stor-

age.

0 24,150

Ohio

Def-Wide Springfield-Beck-

ley Municipal

Airport

Base-Wide Microgrid With Natural Gas

Generator, Photovaltaic, and Battery

Storage.

0 4,700

Puerto Rico

Def-Wide Fort Allen Microgrid Conrol System, 690 KW PV,

275 KW Gen, 570 Kwh Bess.

0 12,190

Def-Wide Punta Borinquen Ramey Unit School Replacement ............ 84,000 84,000

Def-Wide Aguadilla Ramey

Unit School

Microgrid Conrol System, 460 KW PV,

275 KW Generator, 660 Kwh Bess.

0 10,120

Tennessee

Def-Wide Memphis Inter-

national Airport

PV Arrays and Battery Storage ............... 0 4,780

Texas

Def-Wide Joint Base San

Antonio

Ambulatory Care Center Ph 4 ................. 35,000 35,000

United Kingdom

Def-Wide Menwith Hill Sta-

tion

Rafmh Main Gate Rehabilitation ............ 20,000 20,000

Def-Wide Royal Air Force

Lakenheath

Hospital Replacement-Temporary Facili-

ties.

19,283 19,283

Virginia

Def-Wide Fort Belvoir Veterinary Treatment Facility Replace-

ment.

29,800 29,800

Def-Wide Humphries Engi-

neer Center and

Support Activ-

ity

SOF Battalion Operations Facility .......... 0 36,000

Def-Wide Pentagon Consolidated Maintenance Complex

(RRMC).

20,000 20,000

Def-Wide Pentagon Force Protection Perimeter Enhance-

ments.

8,608 8,608

Def-Wide Pentagon Public Works Support Facility ................. 21,935 21,935

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135 STAT. 2327 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Def-Wide Fort Belvoir, NGA

Campus East

Led Upgrade Package ............................... 0 365

Def-Wide Pentagon, Mark

Center, and

Raven Rock

Mountain Com-

plex

Recommisioning of Hvac Systems, Part

0 2,600

Def-Wide National

Geospatial-In-

telligence Agen-

cy Campus East

Electrical System Redundancy ................ 0 5,299

Washington

Def-Wide Oak Harbor ACC / Dental Clinic (Oak Harbor) .......... 59,000 59,000

Worldwide Unspec-

ified

Def-Wide Unspecified

Worldwide Lo-

cations

DIA Planning and Design ........................ 11,000 11,000

Def-Wide Unspecified

Worldwide Lo-

cations

DODEA Planning and Design ................. 13,317 13,317

Def-Wide Unspecified

Worldwide Lo-

cations

DODEA Unspecified Minor Construction 8,000 8,000

Def-Wide Unspecified

Worldwide Lo-

cations

ERCIP Design ........................................... 40,150 40,150

Def-Wide Unspecified

Worldwide Lo-

cations

Energy Resilience and Conserv. Invest.

Prog..

246,600 0

Def-Wide Unspecified

Worldwide Lo-

cations

Exercise Related Minor Construction ..... 5,615 5,615

Def-Wide Unspecified

Worldwide Lo-

cations

MDA Unspecified Minor Construction .... 4,435 4,435

Def-Wide Unspecified

Worldwide Lo-

cations

NSA Planning and Design ....................... 83,840 83,840

Def-Wide Unspecified

Worldwide Lo-

cations

NSA Unspecified Minor Military Con-

struction.

12,000 12,000

Def-Wide Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 14,194 14,194

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Military Construc-

tion.

21,746 21,746

Def-Wide Unspecified

Worldwide Lo-

cations

TJS Planning and Design ........................ 2,000 2,000

Def-Wide Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 3,000 3,000

Def-Wide Unspecified

Worldwide Lo-

cations

WHS Planning and Design ...................... 5,275 5,275

Def-Wide Various World-

wide Locations

DHA Planning and Design ....................... 35,099 35,099

Def-Wide Various World-

wide Locations

DLA Planning and Design ....................... 20,862 20,862

Def-Wide Various World-

wide Locations

DLA Unspecified Minor Construction ..... 6,668 6,668

Def-Wide Various World-

wide Locations

SOCOM Planning and Design ................. 20,576 20,576

Military Construction, Defense-Wide Total .............................................. 1,957,289 2,029,569

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135 STAT. 2328 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Worldwide Unspec-

ified

NATO NATO Security

Investment Pro-

gram

NATO Security Investment Program ...... 205,853 205,853

NATO Security Investment Program Total ............................................... 205,853 205,853

Alabama

Army NG Redstone Arsenal National Guard Readiness Center .......... 0 17,000

Alaska

Army NG Joint Base Elmen-

dorf-Richardson

Planning and Design for National Guard

Readiness Center.

0 5,000

Connecticut

Army NG Connecticut Army

National Guard

Readiness Cen-

ter—Putnam

National Guard Readiness Center .......... 17,500 17,500

Georgia

Army NG Fort Benning Post-Initial Mil. Training Unaccomp.

Housing.

13,200 13,200

Guam

Army NG Guam National

Guard Readi-

ness Center

Barrigada

National Guard Readiness Center Addi-

tion.

34,000 34,000

Idaho

Army NG Jerome National

Guard Armory

National Guard Readiness Center .......... 15,000 15,000

Illinois

Army NG Bloomington Na-

tional Guard

Armory

National Guard Vehicle Maintenance

Shop.

15,000 15,000

Kansas

Army NG Nickell Memorial

Armory

National Guard/Reserve Center Building

SCIF (P&D).

0 420

Army NG Nickell Memorial

Armory

National Guard/Reserve Center Building 16,732 16,732

Louisiana

Army NG Camp Minden

Training Site

Collective Training Unaccompanied

Housing.

0 13,800

Army NG Lake Charles Na-

tional Guard

Readiness Cen-

ter

National Guard Readiness Center .......... 18,500 18,500

Maine

Army NG Saco National

Guard Readi-

ness Center

National Guard Vehicle Maintenance

Shop.

21,200 21,200

Michigan

Army NG Camp Grayling

Military Instal-

lation

National Guard Readiness Center .......... 0 16,000

Mississippi

Army NG Camp Shelby

Training Site

Maneuver Area Training Equipment

Site.

0 15,500

Missouri

Army NG Aviation Classi-

fication Repair

Activity Depot

Avcrad Aircraft Maintenance Hangar

Addition (P&D).

0 3,800

Montana

Army NG Butte Military

Entrance Train-

ing Site

National Guard Readiness Center .......... 16,000 16,000

Nebraska

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135 STAT. 2329 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Army NG Mead Army Na-

tional Guard

Readiness Cen-

ter

Collective Training Unaccompanied

Housing.

0 11,000

North Dakota

Army NG Dickinson Na-

tional Guard

Armory

National Guard Readiness Center .......... 15,500 15,500

South Dakota

Army NG Sioux Falls Army

National Guard

National Guard Readiness Center .......... 0 15,000

Vermont

Army NG Ethan Allen Air

Force Base

Family Readiness Center ......................... 0 4,665

Army NG Vermont National

Guard Armory

National Guard Readiness Center .......... 0 16,900

Virginia

Army NG Virginia National

Guard Readi-

ness Center

Army Aviation Support Facility (P&D) ... 0 5,805

Army NG Virginia National

Guard Readi-

ness Center

Combined Support Maintenance Shop

Addition.

6,900 6,900

Army NG Virginia National

Guard Readi-

ness Center

National Guard Readiness Center Addi-

tion.

6,100 6,100

Worldwide Unspec-

ified

Army NG Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 22,000 32,000

Army NG Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 39,471 39,471

Army NG Various World-

wide Locations

Army National Guard Transformation

Plan.

0 0

Military Construction, Army National Guard Total ............................... 257,103 391,993

Michigan

Army Res Southfield Area Maintenance Support Activity ........ 12,000 12,000

Ohio

Army Res Wright-Patterson

Air Force Base

AR Center Training Building/ UHS ........ 19,000 19,000

Wisconsin

Army Res Fort McCoy Transient Training BN HQ ...................... 12,200 12,200

Army Res Fort McCoy Transient Training Enlisted Barracks .... 0 29,200

Army Res Fort McCoy Transient Training Officer Barracks ....... 0 29,200

Army Res Fort McCoy Transient Training Enlisted Barracks .... 0 0

Worldwide Unspec-

ified

Army Res Unspecified

Worldwide Lo-

cations

Planning and Design ................................ 7,167 7,167

Army Res Unspecified

Worldwide Lo-

cations

Cost to Complete ....................................... 0 0

Army Res Unspecified

Worldwide Lo-

cations

Unspecified Minor Military Construction 14,544 14,544

Military Construction, Army Reserve Total ............................................. 64,911 123,311

Michigan

N/MC Res Navy Operational

Support Center

Battle Creek

Reserve Center & Vehicle Maintenance

Facility.

49,090 49,090

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135 STAT. 2330 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Minnesota

N/MC Res Minneapolis Joint Reserve Intelligence Center ........... 14,350 14,350

Worldwide Unspec-

ified

N/MC Res Unspecified

Worldwide Lo-

cations

MCNR Planning & Design ....................... 1,257 1,257

N/MC Res Unspecified

Worldwide Lo-

cations

MCNR Unspecified Minor Construction 2,359 2,359

N/MC Res Unspecified

Worldwide Lo-

cations

USMCR Planning and Design ................. 4,748 4,748

Military Construction, Naval Reserve Total ............................................. 71,804 71,804

Alabama

Air NG Sumpter Smith

Air National

Guard Base

Security and Services Training Facility .. 0 7,500

Air NG Montgomery Re-

gional Airport

Aircraft Maintenance Facility .................. 0 19,200

Connecticut

Air NG Bradley Inter-

national Airport

Composite ASE/Vehicle MX Facility ....... 0 17,000

Delaware

Air NG Newcastle Air Na-

tional Guard

Base

Fuel Cell/Corrosion Control Hangar ....... 0 17,500

Idaho

Air NG Boise Air Na-

tional Guard

Base Gowen

Field

Medical Training Facility ......................... 0 6,500

Illinois

Air NG Abraham Lincoln

Capital Airport

Base Civil Engineering Facility ............... 0 10,200

Massachusetts

Air NG Barnes Air Na-

tional Guard

Combined Engine/ASE/NDI Shop ............ 12,200 12,200

Michigan

Air NG Alpena County

Regional Air-

port

Aircraft Maintenance Hangar/Shops ....... 23,000 23,000

Air NG Selfridge Air Na-

tional Guard

Base

a–10 Maintenance Hangar and Shops .... 0 28,000

Air NG W. K. Kellog Re-

gional Airport

Construct Main Base Entrance ............... 10,000 10,000

Mississippi

Air NG Jackson Inter-

national Airport

Fire Crash and Rescue Station ................ 9,300 9,300

New York

Air NG Francis S.

Gabreski Air-

port

Base Civil Engineer Complex .................. 0 14,800

Air NG Schenectady Mu-

nicipal Airport

C–130 Flight Simulator Facility .............. 10,800 10,800

Ohio

Air NG Camp Perry Red Horse Logistics Complex .................. 7,800 7,800

South Carolina

Air NG Mcentire Joint

National Guard

Base

Hazardous Cargo Pad ............................... 0 9,000

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135 STAT. 2331 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Air NG Mcentire Joint

National Guard

Base

F–16 Mission Training Center ................. 9,800 9,800

South Dakota

Air NG Joe Foss Field F–16 Mission Training Center ................. 9,800 9,800

Texas

Air NG Kelly Field Annex Aircraft Corrosion Control ....................... 0 9,500

Washington

Air NG Camp Murray Air

National Guard

Station

Air Support Operations Complex ............ 0 27,000

Wisconsin

Air NG Truax Field F–35 3–Bay Specialized Hangar .............. 31,000 31,000

Air NG Truax Field Medical Readiness Facility ...................... 13,200 13,200

Air NG Volk Combat

Readiness

Training Center

Replace Aircraft Maintenance Hangar/

Shops (P&D).

0 2,280

Worldwide Unspec-

ified

Air NG Unspecified

Worldwide Lo-

cations

Unspecified Minor Construction .............. 29,068 29,068

Air NG Various World-

wide Locations

Planning and Design ................................ 18,402 34,402

Wyoming

Air NG Cheyenne Munic-

ipal Airport

Combined Vehicle Maintenance & ASE

Complex.

13,400 13,400

Military Construction, Air National Guard Total ................................... 197,770 382,250

California

AF Res Beale Air Force

Base

940 ARW SQ OPS &amu Complex .......... 0 33,000

Florida

AF Res Homestead Air

Force Reserve

Base

Corrosion Control Facility ........................ 14,000 14,000

AF Res Patrick Air Force

Base

Simulator C–130J ..................................... 18,500 18,500

Indiana

AF Res Grissom Air Re-

serve Base

Logistics Readiness Complex ................... 0 29,000

Minnesota

AF Res Minneapolis-St

Paul Inter-

national Airport

Mission Support Group Facility .............. 14,000 14,000

New York

AF Res Niagara Falls Air

Reserve Station

Main Gate .................................................. 10,600 10,600

Ohio

AF Res Youngstown Air

Reserve Base

Assault Runway ........................................ 0 8,700

Worldwide Unspec-

ified

AF Res Worldwide Var-

ious Locations

KC–46 Mob 5 (P&D) ................................. 0 15,000

AF Res Unspecified

Worldwide Lo-

cations

Planning & Design .................................... 5,830 5,830

AF Res Unspecified

Worldwide Lo-

cations

Unspecified Minor Military Construction 15,444 15,444

Military Construction, Air Force Reserve Total ...................................... 78,374 164,074

Italy

FH Con Army Vicenza Family Housing New Construction ......... 92,304 92,304

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135 STAT. 2332 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

Kwajalein Atoll

FH Con Army Kwajalein Atoll Family Housing Replacement Construc-

tion.

0 10,000

Pennsylvania

FH Con Army Tobyhanna Army

Depot

Ctc- Family Housing Replacement Con-

struction.

0 7,500

Puerto Rico

FH Con Army Fort Buchanan Ctc- Family Housing Replacement Con-

struction.

0 14,000

Worldwide Unspec-

ified

FH Con Army Unspecified

Worldwide Lo-

cations

Family Housing P&D ............................... 7,545 37,545

Family Housing Construction, Army Total ............................................... 99,849 161,349

Worldwide Unspec-

ified

FH Ops Army Unspecified

Worldwide Lo-

cations

Furnishings ............................................... 18,077 18,077

FH Ops Army Unspecified

Worldwide Lo-

cations

Housing Privitization Support ................. 38,404 38,404

FH Ops Army Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 128,110 128,110

FH Ops Army Unspecified

Worldwide Lo-

cations

Maintenance .............................................. 111,181 111,181

FH Ops Army Unspecified

Worldwide Lo-

cations

Management .............................................. 42,850 42,850

FH Ops Army Unspecified

Worldwide Lo-

cations

Miscellaneous ............................................ 556 556

FH Ops Army Unspecified

Worldwide Lo-

cations

Services ...................................................... 8,277 8,277

FH Ops Army Unspecified

Worldwide Lo-

cations

Utilities ...................................................... 43,772 43,772

Family Housing Operation And Maintenance, Army Total .................. 391,227 391,227

Worldwide Unspec-

ified

FH Con Navy Unspecified

Worldwide Lo-

cations

Construction Improvements ..................... 71,884 71,884

FH Con Navy Unspecified

Worldwide Lo-

cations

Planning & Design .................................... 3,634 3,634

FH Con Navy Unspecified

Worldwide Lo-

cations

USMC DPRI/Guam Planning and De-

sign.

2,098 2,098

Family Housing Construction, Navy And Marine Corps Total ............ 77,616 77,616

Worldwide Unspec-

ified

FH Ops Navy Unspecified

Worldwide Lo-

cations

Furnishings ............................................... 16,537 16,537

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135 STAT. 2333 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

FH Ops Navy Unspecified

Worldwide Lo-

cations

Housing Privatization Support ................ 54,544 54,544

FH Ops Navy Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 62,567 62,567

FH Ops Navy Unspecified

Worldwide Lo-

cations

Maintenance .............................................. 95,417 95,417

FH Ops Navy Unspecified

Worldwide Lo-

cations

Management .............................................. 54,083 54,083

FH Ops Navy Unspecified

Worldwide Lo-

cations

Miscellaneous ............................................ 285 285

FH Ops Navy Unspecified

Worldwide Lo-

cations

Services ...................................................... 17,637 17,637

FH Ops Navy Unspecified

Worldwide Lo-

cations

Utilities ...................................................... 56,271 56,271

Family Housing Operation And Maintenance, Navy And Marine

Corps Total.

357,341 357,341

Georgia

FH Con AF Robins Air Force

Base

Robins 2 MHPI Restructure ..................... 6,000 6,000

Nebraska

FH Con AF Offutt Air Force

Base

Offutt MHPI Restructure ......................... 50,000 50,000

Worldwide Unspec-

ified

FH Con AF Unspecified

Worldwide Lo-

cations

Construction Improvements ..................... 49,258 49,258

FH Con AF Unspecified

Worldwide Lo-

cations

Planning & Design .................................... 10,458 10,458

Family Housing Construction, Air Force Total ....................................... 115,716 115,716

Worldwide Unspec-

ified

FH Ops AF Unspecified

Worldwide Lo-

cations

Furnishings ............................................... 26,842 26,842

FH Ops AF Unspecified

Worldwide Lo-

cations

Housing Privatization ............................... 23,275 23,275

FH Ops AF Unspecified

Worldwide Lo-

cations

Leasing ....................................................... 9,520 9,520

FH Ops AF Unspecified

Worldwide Lo-

cations

Maintenance .............................................. 141,754 141,754

FH Ops AF Unspecified

Worldwide Lo-

cations

Management .............................................. 70,062 70,062

FH Ops AF Unspecified

Worldwide Lo-

cations

Miscellaneous ............................................ 2,200 2,200

FH Ops AF Unspecified

Worldwide Lo-

cations

Services ...................................................... 8,124 8,124

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135 STAT. 2334 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

FH Ops AF Unspecified

Worldwide Lo-

cations

Utilities ...................................................... 43,668 43,668

Family Housing Operation And Maintenance, Air Force Total ........... 325,445 325,445

Worldwide Unspec-

ified

FH Ops DW Unspecified

Worldwide Lo-

cations

DIA Furnishings ....................................... 656 656

FH Ops DW Unspecified

Worldwide Lo-

cations

DIA Leasing .............................................. 31,430 31,430

FH Ops DW Unspecified

Worldwide Lo-

cations

DIA Utilities .............................................. 4,166 4,166

FH Ops DW Unspecified

Worldwide Lo-

cations

Maintenance .............................................. 49 49

FH Ops DW Unspecified

Worldwide Lo-

cations

NSA Furnishings ...................................... 83 83

FH Ops DW Unspecified

Worldwide Lo-

cations

NSA Leasing .............................................. 13,387 13,387

FH Ops DW Unspecified

Worldwide Lo-

cations

NSA Utilities ............................................. 14 14

Family Housing Operation And Maintenance, Defense-Wide Total ... 49,785 49,785

Worldwide Unspec-

ified

FHIF Unspecified

Worldwide Lo-

cations

Administrative Expenses—FHIF ............. 6,081 6,081

Unaccompanied Housing Improvement Fund Total ............................... 6,081 6,081

Worldwide Unspec-

ified

UHIF Unspecified

Worldwide Lo-

cations

Administrative Expenses—UHIF ............ 494 494

Unaccompanied Housing Improvement Fund Total ............................... 494 494

Worldwide Unspec-

ified

BRAC Base Realignment

& Closure,

Army

Base Realignment and Closure ................ 65,301 115,301

Base Realignment and Closure—Army Total ........................................... 65,301 115,301

Worldwide Unspec-

ified

BRAC Unspecified

Worldwide Lo-

cations

Base Realignment & Closure ................... 111,155 161,155

Base Realignment and Closure—Navy Total ............................................ 111,155 161,155

Worldwide Unspec-

ified

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135 STAT. 2335 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2022

Request

Conference

Authorized

BRAC Unspecified

Worldwide Lo-

cations

DOD BRAC Activities—Air Force ........... 104,216 104,216

Base Realignment and Closure—Air Force Total .................................... 104,216 104,216

Worldwide Unspec-

ified

BRAC Unspecified

Worldwide Lo-

cations

Base Realignment and Closure ................ 0 0

BRAC Unspecified

Worldwide Lo-

cations

Int–4: DLA Activities ................................ 3,967 3,967

Base Realignment and Closure—Defense-wide Total ............................. 3,967 3,967

Total, Military Construction ......................................................................... 9,847,031 13,347,031

TITLE XLVII—DEPARTMENT OF ENERGY

NATIONAL SECURITY PROGRAMS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2022

Request

Conference

Authorized

Discretionary Summary by Appropriation

Energy and Water Development and Related Agencies

Appropriation Summary:

Energy Programs

Nuclear energy ............................................................... 149,800 149,800

Atomic Energy Defense Activities

National Nuclear Security Administration:

Weapons activities .................................................. 15,484,295 15,981,328

Defense nuclear nonproliferation .......................... 1,934,000 1,957,000

Naval reactors ......................................................... 1,860,705 1,860,705

Federal Salaries and Expenses .............................. 464,000 464,000

Total, National Nuclear Security Administra-

tion .............................................................................. 19,743,000 20,263,033

Defense environmental cleanup .................................... 6,841,670 6,480,759

Defense Uranium Enrichment D&D ............................ 0 0

Other defense activities ................................................. 1,170,000 920,000

Total, Atomic Energy Defense Activities ..................... 27,754,670 27,663,792

Total, Discretionary Funding ....................................................... 27,904,470 27,813,592

Nuclear Energy

Safeguards and security .............................................................. 149,800 149,800

Total, Nuclear Energy ..................................................................... 149,800 149,800

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135 STAT. 2336 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2022

Request

Conference

Authorized

National Nuclear Security Administration

Federal Salaries and Expenses

Program direction ......................................................................... 464,000 464,000

Weapons Activities

Stockpile management

Stockpile major modernization

B61 Life extension program .......................................... 771,664 771,664

W76–2 Modification program ........................................ 0 0

W88 Alteration program ................................................ 207,157 207,157

W80–4 Life extension program ..................................... 1,080,400 1,080,400

W80–4 ALT SLCM ......................................................... 10,000 10,000

W87–1 Modification Program (formerly IW1) ............. 691,031 691,031

W93 ................................................................................. 72,000 72,000

Subtotal, Stockpile major modernization ................... 2,832,252 2,832,252

Stockpile sustainment ......................................................................... 1,180,483 1,180,483

Weapons dismantlement and disposition .......................................... 51,000 51,000

Production operations ......................................................................... 568,941 568,941

Total, Stockpile management ................................................ 4,632,676 4,632,676

Production modernization

Primary Capability Modernization

Plutonium Modernization

Los Alamos plutonium modernization

Los Alamos Plutonium Operations ................ 660,419 660,419

21–D–512, Plutonium Pit Production Project,

LANL ............................................................ 350,000 350,000

Subtotal, Los Alamos plutonium moderniza-

tion ...................................................................... 1,010,419 1,010,419

Savannah River plutonium modernization

Savannah River plutonium operations .......... 128,000 128,000

21–D–511, Savannah River Plutonium Proc-

essing Facility, SRS ..................................... 475,000 475,000

Subtotal, Savannah River plutonium mod-

ernization ........................................................... 603,000 603,000

Enterprise Plutonium Support ............................................. 107,098 107,098

Total, Plutonium Modernization ........................................... 1,720,517 1,720,517

High Explosives & Energetics ..................................................... 68,785 68,785

Total, Primary Capability Modernization .......................... 1,789,302 1,789,302

Secondary Capability Modernization ................................................. 488,097 488,097

Tritium and Domestic Uranium Enrichment .................................... 489,017 489,017

Non-Nuclear Capability Modernization ............................................. 144,563 144,563

Total, Production modernization ......................................... 2,910,979 2,910,979

Stockpile research, technology, and engineering

Assessment science ............................................................... 689,578 769,394

Engineering and integrated assessments ............................ 336,766 292,085

Inertial confinement fusion .................................................. 529,000 580,000

Advanced simulation and computing .................................. 747,012 747,012

Weapon technology and manufacturing maturation .......... 292,630 292,630

Academic programs ............................................................... 95,645 101,945

Total, Stockpile research, technology, and engineering 2,690,631 2,783,066

Infrastructure and operations

Operating

Operations of facilities ................................................... 1,014,000 1,014,000

Safety and Environmental Operations ......................... 165,354 165,354

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135 STAT. 2337 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2022

Request

Conference

Authorized

Maintenance and Repair of Facilities .......................... 670,000 1,020,000

Recapitalization

Infrastructure and Safety ...................................... 508,664 508,664

Capabilities Based Investments ............................ 143,066 143,066

Planning for Programmatic Construction (Pre-

CD–1) ................................................................... 0 0

Subtotal, Recapitalization ........................................ 651,730 651,730

Total, Operating ................................................................. 2,501,084 2,851,084

Construction

Programmatic

22–D–513 Power Sources Capability, SNL ........... 13,827 13,827

21–D–510, HE Synthesis, Formulation, and Pro-

duction Facility, PX ............................................. 44,500 36,200

18–D–690, Lithium Processing Facility, Y–12 ..... 167,902 167,902

18–D–650, Tritium Finishing Facility, SRS ......... 27,000 27,000

18–D–620, Exascale Computing Facility Mod-

ernization Project, LLNL .................................... 0 0

17–D–640, U1a Complex Enhancements Project,

NNSS .................................................................... 135,000 135,000

15–D–302, TA–55 Reinvestment Project—Phase

3, LANL ............................................................... 27,000 27,000

15–D–301, HE Science & Engineering Facility,

PX ......................................................................... 0 0

07–D–220-04, Transuranic Liquid Waste Facil-

ity, LANL ............................................................. 0 0

06–D–141, Uranium Processing Facility, Y–12 .... 524,000 600,000

04–D–125, Chemistry and Metallurgy Research

Replacement Project, LANL ............................... 138,123 138,123

Total, Programmatic .................................................. 1,077,352 1,145,052

Mission enabling

22–D–514 Digital Infrastructure Capability Ex-

pansion ................................................................. 8,000 8,000

Total, Mission enabling ............................................. 8,000 8,000

Total, Construction ........................................................... 1,085,352 1,153,052

Total, Infrastructure and operations ................................... 3,586,436 4,004,136

Secure transportation asset

Operations and equipment ................................................... 213,704 213,704

Program direction ................................................................. 117,060 117,060

Total, Secure transportation asset ....................................... 330,764 330,764

Defense nuclear security

Operations and maintenance ............................................... 824,623 811,521

Security improvements program .......................................... 0 0

Construction:

17–D–710, West end protected area reduction project,

Y–12 ............................................................................. 23,000 23,000

Subtotal, construction ...................................................... 23,000 23,000

Total, Defense nuclear security ............................................ 847,623 834,521

Information technology and cybersecurity ............................... 406,530 406,530

Legacy contractor pensions .......................................................... 78,656 78,656

Total, Weapons Activities ............................................................... 15,484,295 15,981,328

Adjustments

Use of prior year balances .................................................... 0 0

Total, Adjustments .................................................................... 0 0

Total, Weapons Activities ............................................................... 15,484,295 15,981,328

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135 STAT. 2338 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2022

Request

Conference

Authorized

Defense Nuclear Nonproliferation

Defense Nuclear Nonproliferation Programs

Material management and minimization

Conversion (formerly HEU Reactor Conversion) ......... 100,660 100,660

Nuclear material removal ............................................. 42,100 42,100

Material disposition ....................................................... 200,186 200,186

Laboratory and partnership support ............................ 0 0

Total, Material management & minimization ............ 342,946 342,946

Global material security

International nuclear security ...................................... 79,939 79,939

Domestic radiological security ...................................... 158,002 158,002

International radiological security ............................... 85,000 85,000

Nuclear smuggling detection and deterrence .............. 175,000 185,000

Total, Global material security ...................................... 497,941 507,941

Nonproliferation and arms control ...................................... 184,795 184,795

National Technical Nuclear Forensics R&D ....................... 45,000 45,000

Defense nuclear nonproliferation R&D

Proliferation detection ................................................... 269,407 269,407

Nonproliferation stewardship program ........................ 87,329 100,329

Nuclear detonation detection ........................................ 271,000 271,000

Nonproliferation fuels development ............................. 0 0

Total, Defense Nuclear Nonproliferation R&D .......... 627,736 640,736

Nonproliferation construction

U. S. Construction:

18–D–150 Surplus Plutonium Disposition Project 156,000 156,000

99–D–143, Mixed Oxide (MOX) Fuel Fabrication

Facility, SRS ........................................................ 0 0

Total, U. S. Construction: ......................................... 156,000 156,000

Total, Nonproliferation construction ........................... 156,000 156,000

Total, Defense Nuclear Nonproliferation Programs ........ 1,854,418 1,877,418

Legacy contractor pensions .......................................................... 38,800 38,800

Nuclear counterterrorism and incident response pro-

gram

Emergency Operations .......................................................... 14,597 14,597

Counterterrorism and Counterproliferation ....................... 356,185 356,185

Total, Nuclear counterterrorism and incident response

program ................................................................................... 370,782 370,782

Subtotal, Defense Nuclear Nonproliferation ............................ 2,264,000 2,287,000

Adjustments

Use of prior year balances .................................................... 0 0

Use of prior year MOX funding ........................................... –330,000 –330,000

Total, Adjustments .................................................................... –330,000 –330,000

Total, Defense Nuclear Nonproliferation .................................. 1,934,000 1,957,000

Naval Reactors

Naval reactors development ........................................................ 640,684 640,684

Columbia-Class reactor systems development ........................... 55,000 55,000

S8G Prototype refueling .............................................................. 126,000 126,000

Naval reactors operations and infrastructure ............................ 594,017 594,017

Program direction ......................................................................... 55,579 55,579

Construction:

22–D–532 Security Upgrades KL ........................................ 5,100 5,100

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135 STAT. 2339 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2022

Request

Conference

Authorized

22–D–531 KL Chemistry & Radiological Health Building 41,620 41,620

21–D–530 KL Steam and Condensate Upgrades ............... 0 0

14–D–901, Spent Fuel Handling Recapitalization Project,

NRF .................................................................................... 348,705 348,705

Total, Construction .................................................................. 395,425 395,425

Use of Prior Year unobligated balances ..................................... –6,000 –6,000

Total, Naval Reactors ...................................................................... 1,860,705 1,860,705

TOTAL, National Nuclear Security Administration ............... 19,743,000 20,263,033

Defense Environmental Cleanup

Closure sites administration ................................................ 3,987 3,987

Richland:

River corridor and other cleanup operations ...................... 196,000 211,000

Central plateau remediation ................................................ 689,776 689,776

Richland community and regulatory support ..................... 5,121 5,121

18–D–404 Modification of Waste Encapsulation and Stor-

age Facility ......................................................................... 8,000 8,000

22–D–401 L–888, 400 Area Fire Station ............................. 15,200 15,200

22–D–402 L–897, 200 Area Water Treatment Facility ...... 12,800 12,800

Total, Richland .......................................................................... 926,897 941,897

Office of River Protection:

Waste Treatment Immobilization Plant Commissioning ... 50,000 50,000

Rad liquid tank waste stabilization and disposition .......... 817,642 837,642

Construction:

18–D–16 Waste treatment and immobilization

plant—LBL/Direct feed LAW ............................. 586,000 586,000

01–D–16 D, High-level waste facility .................... 60,000 60,000

01–D–16 E, Pretreatment Facility ........................ 20,000 20,000

Total, Construction ........................................................... 666,000 666,000

ORP Low-level waste offsite disposal .................................. 7,000 7,000

Total, Office of River Protection .......................................... 1,540,642 1,560,642

Idaho National Laboratory:

Idaho cleanup and waste disposition ................................... 358,925 358,925

Idaho community and regulatory support ........................... 2,658 2,658

Construction:

22–D–403 Idaho Spent Nuclear Fuel Staging Fa-

cility ...................................................................... 3,000 3,000

22–D–404 Addl ICDF Landfill Disposal Cell and

Evaporation Ponds Project ................................. 5,000 5,000

Total, Construction ........................................................... 8,000 8,000

Total, Idaho National Laboratory ......................................... 369,583 369,583

NNSA sites and Nevada off-sites

Lawrence Livermore National Laboratory .......................... 1,806 1,806

LLNL Excess facilities D&D ................................................ 35,000 35,000

Separations Processing Research Unit ................................ 15,000 15,000

Nevada Test Site ................................................................... 60,737 60,737

Sandia National Laboratory ................................................. 4,576 4,576

Los Alamos National Laboratory ......................................... 275,119 275,119

Los Alamos Excess facilities D&D ....................................... 58,381 58,381

Total, NNSA sites and Nevada off-sites ............................... 450,619 450,619

Oak Ridge Reservation:

OR Nuclear facility D&D ...................................................... 274,923 287,316

U233 Disposition Program ................................................... 55,000 55,000

OR cleanup and waste disposition ....................................... 73,725 73,725

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135 STAT. 2340 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2022

Request

Conference

Authorized

Construction:

17–D–401 On-site waste disposal facility .................... 12,500 12,500

14–D–403 Outfall 200 Mercury Treatment Facility ... 0 0

Subtotal, Construction: .................................................... 12,500 12,500

OR community & regulatory support .................................. 5,096 5,096

OR technology development and deployment ..................... 3,000 3,000

Total, Oak Ridge Reservation ................................................ 424,244 436,637

Savannah River Site:

Savannah River risk management operations .................... 452,724 454,090

SR legacy pensions ................................................................ 130,882 130,882

SR community and regulatory support ............................... 5,805 11,805

Construction:

20-D–402 Advanced Manufacturing Collaborative Fa-

cility (AMC) ................................................................. 0 0

20-D–401 Saltstone Disposal Unit #10, 11, 12 ............ 19,500 19,500

19–D–701 SR Security systems replacement .............. 5,000 5,000

18–D–402 Saltstone disposal unit #8/9 ........................ 68,000 68,000

17–D–402 Saltstone Disposal Unit #7 .......................... 0 0

05–D–405 Salt waste processing facility, SRS ............ 0 0

8–D–402 Emergency Operations Center Replace-

ment, SR ..................................................................... 8,999 8,999

Radioactive liquid tank waste stabilization ........................ 890,865 890,865

Total, Savannah River Site .................................................... 1,581,775 1,589,141

Waste Isolation Pilot Plant

Waste Isolation Pilot Plant .................................................. 350,424 350,424

Construction:

15–D–411 Safety significant confinement ventilation

system, WIPP ............................................................. 55,000 55,000

15–D–412 Exhaust shaft, WIPP ................................... 25,000 25,000

21–D–401 Hoisting Capability Project ......................... 0 0

Total, Construction ........................................................... 80,000 80,000

Total, Waste Isolation Pilot Plant ......................................... 430,424 430,424

Program direction—Defense Environmental Cleanup .............. 293,106 293,106

Program support—Defense Environmental Cleanup ................ 62,979 62,979

Safeguards and Security—Defense Environmental Cleanup ... 316,744 316,744

Technology development and deployment .................................. 25,000 25,000

Federal contribution to the Uranium Enrichment D&D Fund 415,670 0

Use of prior year balances ........................................................... 0 0

Subtotal, Defense environmental cleanup ................................. 6,841,670 6,480,759

TOTAL, Defense Environmental Cleanup ................................. 6,841,670 6,480,759

Defense Uranium Enrichment D&D ............................................ 0 0

Other Defense Activities

Environment, health, safety and security

Environment, health, safety and security mission support 130,809 130,809

Program direction ................................................................. 75,511 75,511

Total, Environment, health, safety and security .............. 206,320 206,320

Independent enterprise assessments

Enterprise assessments ........................................................ 27,335 27,335

Program direction—Office of Enterprise Assessments ...... 56,049 56,049

Total, Office of Enterprise Assessments ............................. 83,384 83,384

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135 STAT. 2341 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2022

Request

Conference

Authorized

Specialized security activities ...................................................... 283,500 283,500

Office of Legacy Management

Legacy management activities—defense ............................. 408,797 158,797

Program direction ................................................................. 19,933 19,933

Total, Office of Legacy Management ................................... 428,730 178,730

Defense related administrative support ..................................... 163,710 163,710

Office of hearings and appeals .................................................... 4,356 4,356

Subtotal, Other defense activities ........................................ 1,170,000 920,000

Use of prior year balances ........................................................... 0 0

Total, Other Defense Activities .................................................... 1,170,000 920,000

DIVISION E—DEPARTMENT OF STATE

AUTHORIZATION ACT OF 2021

Sec. 5001. Short title.

Sec. 5002. Definitions.

SEC. 5001. SHORT TITLE.

This division may be cited as the ‘‘Department of State

Authorization Act of 2021’’.

SEC. 5002. DEFINITIONS.

In this division:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means the Committee

on Foreign Relations of the Senate and the Committee on

Foreign Affairs of the House of Representatives.

(2) D

EPARTMENT

.—If not otherwise specified, the term

‘‘Department’’ means the Department of State.

(3) S

ECRETARY

.—If not otherwise specified, the term ‘‘Sec-

retary’’ means the Secretary of State.

TITLE LI—ORGANIZATION AND OPER-

ATIONS 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 Migra-

tion.

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 for-

eign governments.

22 USC 263 note.

Department

of State

Authorization

Act of 2021.

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135 STAT. 2342 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 5112. Art in embassies.

Sec. 5113. International fairs and expositions.

Sec. 5114. Amendment or repeal of reporting requirements.

SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT

OF STATE’S WORK.

It is the sense of Congress that—

(1) United States global engagement is key to a stable

and prosperous world;

(2) United States leadership is indispensable in light of

the many complex and interconnected threats facing the United

States and the world;

(3) diplomacy and development are critical tools of national

power, and full deployment of these tools is vital to United

States national security;

(4) challenges such as the global refugee and migration

crises, terrorism, historic famine and food insecurity, and fragile

or repressive societies cannot be addressed without sustained

and robust United States diplomatic and development leader-

ship;

(5) the United States Government must use all of the

instruments of national security and foreign policy at its dis-

posal to protect United States citizens, promote United States

interests and values, and support global stability and pros-

perity;

(6) United States security and prosperity depend on having

partners and allies that share our interests and values, and

these partnerships are nurtured and our shared interests and

values are promoted through United States diplomatic engage-

ment, security cooperation, economic statecraft, and assistance

that helps further economic development, good governance,

including the rule of law and democratic institutions, and the

development of shared responses to natural and humanitarian

disasters;

(7) as the United States Government agencies primarily

charged with conducting diplomacy and development, the

Department and the United States Agency for International

Development (USAID) require sustained and robust funding

to carry out this important work, which is essential to our

ability to project United States leadership and values and to

advance United States interests around the world;

(8) the work of the Department and USAID makes the

United States and the world safer and more prosperous by

alleviating global poverty and hunger, fighting HIV/AIDS and

other infectious diseases, strengthening alliances, expanding

educational opportunities for women and girls, promoting good

governance and democracy, supporting anti-corruption efforts,

driving economic development and trade, preventing armed

conflicts and humanitarian crises, and creating American jobs

and export opportunities;

(9) the Department and USAID are vital national security

agencies, whose work is critical to the projection of United

States power and leadership worldwide, and without which

Americans would be less safe, United States economic power

would be diminished, and global stability and prosperity would

suffer;

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135 STAT. 2343 PUBLIC LAW 117–81—DEC. 27, 2021

(10) investing in diplomacy and development before con-

flicts break out saves American lives while also being cost-

effective; and

(11) the contributions of personnel working at the Depart-

ment and USAID are extraordinarily valuable and allow the

United States to maintain its leadership around the world.

SEC. 5102. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS

AND LAW ENFORCEMENT AFFAIRS.

(a) I

ENERAL

.—Section 1(c) of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended—

(1) by redesignating paragraphs (3) and (4) as paragraphs

(4) and (5), respectively; and

(2) by inserting after paragraph (2) the following new para-

graph:

‘‘(3) A

SSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS

AND LAW ENFORCEMENT AFFAIRS

.—

‘‘(A) I

N GENERAL

.—There is authorized to be in the

Department of State an Assistant Secretary for Inter-

national Narcotics and Law Enforcement Affairs, who shall

be responsible to the Secretary of State for all matters,

programs, and related activities pertaining to international

narcotics, anti-crime, and law enforcement affairs in the

conduct of foreign policy by the Department, including,

as appropriate, leading the coordination of programs car-

ried out by United States Government agencies abroad,

and such other related duties as the Secretary may from

time to time designate.

‘‘(B) A

REAS OF RESPONSIBILITY

.—The Assistant Sec-

retary for International Narcotics and Law Enforcement

Affairs shall maintain continuous observation and coordina-

tion of all matters pertaining to international narcotics,

anti-crime, and law enforcement affairs in the conduct

of foreign policy, including programs carried out by other

United States Government agencies when such programs

pertain to the following matters:

‘‘(i) Combating international narcotics production

and trafficking.

‘‘(ii) Strengthening foreign justice systems,

including judicial and prosecutorial capacity, appeals

systems, law enforcement agencies, prison systems,

and the sharing of recovered assets.

‘‘(iii) Training and equipping foreign police, border

control, other government officials, and other civilian

law enforcement authorities for anti-crime purposes,

including ensuring that no foreign security unit or

member of such unit shall receive such assistance from

the United States Government absent appropriate vet-

ting.

‘‘(iv) Ensuring the inclusion of human rights and

women’s participation issues in law enforcement pro-

grams, in consultation with the Assistant Secretary

for Democracy, Human Rights, and Labor, and other

senior officials in regional and thematic bureaus and

offices.

‘‘(v) Combating, in conjunction with other relevant

bureaus of the Department of State and other United

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135 STAT. 2344 PUBLIC LAW 117–81—DEC. 27, 2021

States Government agencies, all forms of transnational

organized crime, including human trafficking, illicit

trafficking in arms, wildlife, and cultural property,

migrant smuggling, corruption, money laundering, the

illicit smuggling of bulk cash, the licit use of financial

systems for malign purposes, and other new and

emerging forms of crime.

‘‘(vi) Identifying and responding to global corrup-

tion, including strengthening the capacity of foreign

government institutions responsible for addressing

financial crimes and engaging with multilateral

organizations responsible for monitoring and sup-

porting foreign governments’ anti-corruption efforts.

‘‘(C) A

DDITIONAL DUTIES

.—In addition to the respon-

sibilities specified in subparagraph (B), the Assistant Sec-

retary for International Narcotics and Law Enforcement

Affairs shall also—

‘‘(i) carry out timely and substantive consultation

with chiefs of mission and, as appropriate, the heads

of other United States Government agencies to ensure

effective coordination of all international narcotics and

law enforcement programs carried out overseas by the

Department and such other agencies;

‘‘(ii) coordinate with the Office of National Drug

Control Policy to ensure lessons learned from other

United States Government agencies are available to

the Bureau of International Narcotics and Law

Enforcement Affairs of the Department;

‘‘(iii) develop standard requirements for monitoring

and evaluation of Bureau programs, including metrics

for success that do not rely solely on the amounts

of illegal drugs that are produced or seized;

‘‘(iv) in coordination with the Secretary of State,

annually certify in writing to the Committee on Foreign

Relations of the Senate that United States and the

Committee on Foreign Affairs of the House of Rep-

resentatives enforcement personnel posted abroad

whose activities are funded to any extent by the Bureau

of International Narcotics and Law Enforcement

Affairs are complying with section 207 of the Foreign

Service Act of 1980 (22 U.S.C. 3927); and

‘‘(v) carry out such other relevant duties as the

Secretary may assign.

‘‘(D) R

ULE OF CONSTRUCTION

.—Nothing in this para-

graph may be construed to limit or impair the authority

or responsibility of any other Federal agency with respect

to law enforcement, domestic security operations, or intel-

ligence activities as defined in Executive Order 12333.’’.

(b) M

ODIFICATION OF

NNUAL

NTERNATIONAL

ARCOTICS

TROL

TRATEGY

EPORT

.—Subsection (a) of section 489 of the For-

eign Assistance Act of 1961 (22 U.S.C. 2291h) is amended by

inserting after paragraph (9) the following new paragraph:

‘‘(10) A separate section that contains an identification

of all United States Government-supported units funded by

the Bureau of International Narcotics and Law Enforcement

Affairs and any Bureau-funded operations by such units in

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135 STAT. 2345 PUBLIC LAW 117–81—DEC. 27, 2021

which United States law enforcement personnel have been

physically present.’’.

SEC. 5103. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION,

REFUGEES, AND MIGRATION.

Section 1 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a) is amended—

(1) by redesignating subsection (g) as subsection (j); and

(2) by inserting after subsection (f) the following new sub-

sections:

‘‘(g) B

UREAU OF

ONSULAR

FFAIRS

.—There is in the Depart-

ment of State the Bureau of Consular Affairs, which shall be

headed by the Assistant Secretary of State for Consular Affairs.

‘‘(h) B

UREAU OF

OPULATION

, R

EFUGEES

AND

IGRATION

.—

There is in the Department of State the Bureau of Population,

Refugees, and Migration, which shall be headed by the Assistant

Secretary of State for Population, Refugees, and Migration.’’.

SEC. 5104. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.

(a) E

STABLISHMENT

.—There should be established in the

Department of State an Office of International Disability Rights

(referred to in this section as the ‘‘Office’’).

(b) D

UTIES

.—The Office should—

(1) seek to ensure that all United States foreign operations

are accessible to, and inclusive of, persons with disabilities;

(2) promote the human rights and full participation in

international development activities of all persons with disabil-

ities;

(3) promote disability inclusive practices and the training

of Department of State staff on soliciting quality programs

that are fully inclusive of people with disabilities;

(4) represent the United States in diplomatic and multilat-

eral fora on matters relevant to the rights of persons with

disabilities, and work to raise the profile of disability across

a broader range of organizations contributing to international

development efforts;

(5) conduct regular consultation with civil society organiza-

tions working to advance international disability rights and

empower persons with disabilities internationally;

(6) consult with other relevant offices at the Department

that are responsible for drafting annual reports documenting

progress on human rights, including, wherever applicable, ref-

erences to instances of discrimination, prejudice, or abuses

of persons with disabilities;

(7) advise the Bureau of Human Resources or its equivalent

within the Department regarding the hiring and recruitment

and overseas practices of civil service employees and Foreign

Service officers with disabilities and their family members with

chronic medical conditions or disabilities; and

(8) carry out such other relevant duties as the Secretary

of State may assign.

UPERVISION

.—The Office may be headed by—

(1) a senior advisor to the appropriate Assistant Secretary

of State; or

(2) an officer exercising significant authority who reports

to the President or Secretary of State, appointed by and with

the advice and consent of the Senate.

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135 STAT. 2346 PUBLIC LAW 117–81—DEC. 27, 2021

(d) C

ONSULTATION

.—The Secretary of State should direct

Ambassadors at Large, Representatives, Special Envoys, and

coordinators working on human rights to consult with the Office

to promote the human rights and full participation in international

development activities of all persons with disabilities.

SEC. 5105. SPECIAL APPOINTMENT AUTHORITY.

Section 1 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a), as amended by section 6103 of this Act,

is further amended by inserting after subsection (h) the following

new subsection:

‘‘(i) S

PECIAL

PPOINTMENTS

.—

‘‘(1) P

OSITIONS EXERCISING SIGNIFICANT AUTHORITY

.—The

President may, by and with the advice and consent of the

Senate, appoint an individual as a Special Envoy, Special Rep-

resentative, Special Coordinator, Special Negotiator, Envoy,

Representative, Coordinator, Special Advisor, or other position

performing a similar function, regardless of title, at the Depart-

ment of State exercising significant authority pursuant to the

laws of the United States. Except as provided in paragraph

(3) or in clause 3, section 2, article II of the Constitution

(relating to recess appointments), an individual may not be

designated as a Special Envoy, Special Representative, Special

Coordinator, Special Negotiator, Envoy, Representative, Coordi-

nator, Special Advisor, or other position performing a similar

function, regardless of title, at the Department exercising

significant authority pursuant to the laws of the United States

without the advice and consent of the Senate.

‘‘(2) P

OSITIONS NOT EXERCISING SIGNIFICANT AUTHORITY

.—

The President or Secretary of State may appoint any Special

Envoy, Special Representative, Special Coordinator, Special

Negotiator, Special Envoy, Representative, Coordinator, Special

Advisor, or other position performing a similar function, regard-

less of title, at the Department of State not exercising signifi-

cant authority pursuant to the laws of the United States with-

out the advice and consent of the Senate, if the President

or Secretary, not later than 15 days before the appointment

of a person to such a position, submits to the appropriate

congressional committees a notification that includes the fol-

lowing:

‘‘(A) A certification that the position does not require

the exercise of significant authority pursuant to the laws

of the United States.

‘‘(B) A description of the duties and purpose of the

position.

‘‘(C) The rationale for giving the specific title and func-

tion to the position.

‘‘(3) L

IMITED EXCEPTION FOR TEMPORARY APPOINTMENTS

EXERCISING SIGNIFICANT AUTHORITY

.—The President may main-

tain or establish a position with the title of Special Envoy,

Special Representative, Special Coordinator, Special Negotiator,

Envoy, Representative, Coordinator, Special Advisor, or other

position performing a similar function, regardless of title, at

the Department of State exercising significant authority pursu-

ant to the laws of the United States for not longer than 180

days if the Secretary of State, not later than 15 days after

the appointment of a person to such a position, or 30 days

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135 STAT. 2347 PUBLIC LAW 117–81—DEC. 27, 2021

after the date of the enactment of this subsection, whichever

is earlier, submits to the Committee on Foreign Relations of

the Senate and the Committee on Foreign Affairs of the House

of Representatives a notification that includes the following:

‘‘(A) The necessity for conferring such title and func-

tion.

‘‘(B) The dates during which such title and function

will be held.

‘‘(C) The justification for not submitting the proposed

conferral of such title and function to the Senate as a

nomination for advice and consent to appointment.

‘‘(D) All relevant information concerning any potential

conflict of interest which the proposed recipient of such

title and function may have with regard to the appoint-

ment.

‘‘(4) R

ENEWAL OF TEMPORARY APPOINTMENT

.—The President

may renew for one period not to exceed 180 days any position

maintained or established under paragraph (3) if the President,

not later than 15 days before issuing such renewal, submits

to the Committee on Foreign Relations of the Senate and the

Committee on Foreign Affairs of the House of Representatives

a detailed justification on the necessity of such extension,

including the dates with respect to which such title will con-

tinue to be held and the justification for not submitting such

title to the Senate as a nomination for advice and consent.

‘‘(5) E

XEMPTION

.—Paragraphs (1) through (4) shall not

apply to a Special Envoy, Special Representative, Special

Coordinator, Special Negotiator, Envoy, Representative, Coordi-

nator, Special Advisor, or other person performing a similar

function, regardless of title, at the Department of State if

the position is expressly mandated by statute.

‘‘(6) E

FFECTIVE DATE

.—This subsection shall apply to

appointments made on or after January 3, 2023.’’.

SEC. 5106. REPEAL OF AUTHORITY FOR SPECIAL REPRESENTATIVE

AND POLICY COORDINATOR FOR BURMA.

Section 7 of the Tom Lantos Block Burmese Jade (Junta’s

Anti-Democratic Efforts) Act of 2008 (Public Law 110–286; 50 U.S.C.

1701 note) relating to the establishment of a Special Representative

and Policy Coordinator for Burma) is hereby repealed.

SEC. 5107. ANTI-PIRACY INFORMATION SHARING.

The Secretary is authorized to provide for the participation

by the United States in the Information Sharing Centre located

in Singapore, as established by the Regional Cooperation Agreement

on Combating Piracy and Armed Robbery against Ships in Asia

(ReCAAP).

SEC. 5108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO

NATIONAL SECURITY.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the Department is a crucial national security agency,

whose employees, both Foreign and Civil Service, require the

best possible training at every stage of their careers to prepare

them to promote and defend United States national interests

and the health and safety of United States citizens abroad;

(2) the Department’s investment of time and resources

with respect to the training and education of its personnel

22 USC 263c.

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135 STAT. 2348 PUBLIC LAW 117–81—DEC. 27, 2021

is considerably below the level of other Federal departments

and agencies in the national security field, and falls well below

the investments many allied and adversarial countries make

in the development of their diplomats;

(3) the Department faces increasingly complex and rapidly

evolving challenges, many of which are science and technology-

driven, and which demand the continual, high-quality training

and education of its personnel;

(4) the Department must move beyond reliance on ‘‘on-

the-job training’’ and other informal mentorship practices,

which lead to an inequality in skillset development and career

advancement opportunities, often particularly for minority per-

sonnel, and towards a robust professional tradecraft training

continuum that will provide for greater equality in career

advancement and increase minority participation in the senior

ranks;

(5) the Department’s Foreign Service Institute and other

training facilities should seek to substantially increase their

educational and training offerings to Department personnel,

including developing new and innovative educational and

training courses, methods, programs, and opportunities; and

(6) consistent with existing Department gift acceptance

authority and other applicable laws, the Department and For-

eign Service Institute may accept funds and other resources

from foundations, not-for-profit corporations, and other appro-

priate sources to help the Department and the Institute

enhance the quantity and quality of training offerings, espe-

cially in the introduction of new, innovative, and pilot model

courses.

(b) T

RAINING

LOAT

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of State shall develop

and submit to the appropriate congressional committees a strategy

to establish a ‘‘training float’’ to allow for up to 15 percent of

the Civil and Foreign Service to participate in long-term training

at any given time. The strategy should identify steps necessary

to ensure the implementation of the training priorities identified

in subsection (c), sufficient training capacity and opportunities are

available to Civil and Foreign Service officers, the equitable dis-

tribution of long-term training opportunities to Civil and Foreign

Service officers, and the provision of any additional resources or

authorities necessary to facilitate such a training float, including

programs at the George P. Schultz National Foreign Affairs

Training Center, the Foreign Service Institute, the Foreign Affairs

Security Training Center, and other facilities or programs operated

by the Department of State. The strategy shall identify which

types of training would be prioritized, the extent (if any) to which

such training is already being provided to Civil and Foreign Service

officers by the Department of State, any factors incentivizing or

disincentivizing such training, and why such training cannot be

achieved without Civil and Foreign Service officers leaving the

workforce. In addition to training opportunities provided by the

Department, the strategy shall consider training that could be

provided by the other United States Government training institu-

tions, as well as nongovernmental educational institutions. The

strategy shall consider approaches to overcome disincentives to

pursuing long-term training.

Deadline.

Strategy.

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135 STAT. 2349 PUBLIC LAW 117–81—DEC. 27, 2021

RIORITIZATION

.—In order to provide the Civil and Foreign

Service with the level of education and training needed to effectively

advance United States interests across the globe, the Department

of State should—

(1) increase its offerings—

(A) of virtual instruction to make training more acces-

sible to personnel deployed throughout the world; or

(B) at partner organizations to provide useful outside

perspectives to Department personnel;

(2) offer courses utilizing computer-based or assisted sim-

ulations, allowing civilian officers to lead decisionmaking in

a crisis environment; and

(3) consider increasing the duration and expanding the

focus of certain training courses, including—

(A) the A-100 orientation course for Foreign Service

officers, and

(B) the chief of mission course to more accurately

reflect the significant responsibilities accompanying such

role.

(d) O

THER

GENCY

ESPONSIBILITIES

.—Other national security

agencies should increase the enrollment of their personnel in

courses at the Foreign Service Institute and other Department

of State training facilities to promote a whole-of-government

approach to mitigating national security challenges.

SEC. 5109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE

OFFICERS.

The Foreign Service Act of 1980 is amended—

(1) in section 501 (22 U.S.C. 3981), by inserting ‘‘If a

position designated under this section is unfilled for more than

365 calendar days, such position may be filled, as appropriate,

on a temporary basis, in accordance with section 309.’’ after

‘‘Positions designated under this section are excepted from the

competitive service.’’; and

(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),

by inserting ‘‘, or domestically, in a position working on issues

relating to a particular country or geographic area,’’ after

‘‘geographic area’’.

SEC. 5110. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDA-

TIONS.

(a) I

NITIAL

EPORT

.—Not later than 120 days after the date

of the enactment of this Act, the Secretary shall submit to the

appropriate congressional committees a report that lists all of the

Government Accountability Office’s recommendations relating to

the Department that have not been fully implemented.

(b) I

MPLEMENTATION

EPORT

.—

(1) I

N GENERAL

.—Not later than 120 days after the date

of the submission of the Comptroller General’s report under

subsection (b), the Secretary shall submit to the appropriate

congressional committees a report that describes the

implementation status of each recommendation from the

Government Accountability Office included in the report sub-

mitted under subsection (a).

(2) J

USTIFICATION

.—The report under paragraph (1) shall

include—

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135 STAT. 2350 PUBLIC LAW 117–81—DEC. 27, 2021

(A) a detailed justification for each decision not to

fully implement a recommendation or to implement a rec-

ommendation in a different manner than specified by the

Government Accountability Office;

(B) a timeline for the full implementation of any rec-

ommendation the Secretary has decided to adopt, but has

not yet fully implemented; and

the Comptroller General report submitted under subsection

(b).

ORM

.—The information required in each report under this

section shall be submitted in unclassified form, to the maximum

extent practicable, but may be included in a classified annex to

the extent necessary.

SEC. 5111. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHER-

MEN FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE

AND DETENTION OF U.S.-FLAG FISHING VESSELS BY FOR-

EIGN GOVERNMENTS.

(a) I

ENERAL

.—Subsection (e) of section 7 of the Fishermen’s

Protective Act of 1967 (22 U.S.C. 1977) is amended to read as

follows:

‘‘(e) A

MOUNTS

.—Payments may be made under this section

only to such extent and in such amounts as are provided in advance

in appropriation Acts.’’.

(b) R

ETROACTIVE

PPLICABILITY

.—

(1) E

FFECTIVE DATE

.—The amendment made by subsection

(a) shall take effect on the date of the enactment of this Act

and apply as if the date specified in subsection (e) of section

7 of the Fishermen’s Protective Act of 1967, as in effect on

the day before the date of the enactment of this Act, were

the day after such date of enactment.

(2) A

GREEMENTS AND PAYMENTS

.—The Secretary is author-

ized to—

(A) enter into agreements pursuant to section 7 of

the Fishermen’s Protective Act of 1967 for any claims to

which such section would otherwise apply but for the date

specified in subsection (e) of such section, as in effect

on the day before the date of the enactment of this Act;

and

(B) make payments in accordance with agreements

entered into pursuant to such section if any such payments

have not been made as a result of the expiration of the

date specified in such section, as in effect on the day

before the date of the enactment of this Act.

SEC. 5112. ART IN EMBASSIES.

(a) I

ENERAL

.—No funds are authorized to be appropriated

for the purchase of any piece of art for the purposes of installation

or display in any embassy, consulate, or other foreign mission

of the United States if the purchase price of such piece of art

is in excess of $37,500, unless such purchase is subject to prior

consultation with, and the regular notification procedures of, the

appropriate congressional committees.

(b) R

EPORT

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary shall submit to the appropriate

congressional committees and the Committees on Appropriations

of the Senate and the House of Representatives a report on the

Time period.

Consultation.

Notification.

22 USC 1977

note.

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135 STAT. 2351 PUBLIC LAW 117–81—DEC. 27, 2021

costs of the Art in Embassies Program for each of fiscal years

2016 through 2020.

UNSET

.—This section shall terminate on the date that

is 2 years after the date of the enactment of this Act.

(d) D

EFINITION

.—In this section, the term ‘‘art’’ includes

paintings, sculptures, photographs, industrial design, and craft art.

SEC. 5113. INTERNATIONAL FAIRS AND EXPOSITIONS.

There is authorized to be appropriated $20,000,000 for the

Department of State for United States participation in international

fairs and expositions abroad, including for construction and the

operation of United States pavilions or other major exhibits.

SEC. 5114. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.

(a) B

URMA

.—

(1) I

N GENERAL

.—Section 570 of Public Law 104–208 is

amended—

(A) by amending subsection (c) to read as follows:

‘‘(c) M

ULTILATERAL

TRATEGY

.—The President shall develop,

in coordination with likeminded countries, a comprehensive, multi-

lateral strategy to—

‘‘(1) support democratic governance and inclusive and rep-

resentative civilian government, including by supporting enti-

ties promoting democracy in Burma and denying legitimacy

and resources to the military junta;

‘‘(2) support organizations that represent the democratic

aspirations of the people of Burma in the struggle against

the military junta;

‘‘(3) impose costs on the military junta;

‘‘(4) secure the unconditional release of all political pris-

oners in Burma;

‘‘(5) promote genuine national reconciliation among

Burma’s diverse ethnic and religious groups;

‘‘(6) provide humanitarian assistance to internally displaced

persons in Burma, particularly in areas targeted by the military

junta, and in neighboring countries for refugees from Burma;

‘‘(7) pursue accountability for atrocities, human rights viola-

tions, and crimes against humanity committed by the military

junta or the Tatmadaw; and

‘‘(8) counter corrosive malign influence of the People’s

Republic of China and the Russian Federation in Burma.’’;

and

(B) in subsection (d)—

(i) in the matter preceding paragraph (1), by

striking ‘‘six months’’ and inserting ‘‘year’’; and

(ii) by striking paragraphs (1) through (3) and

inserting the following new paragraphs:

‘‘(1) progress towards inclusive, democratic governance in

Burma;

‘‘(2) improvements in human rights practices and account-

ability for atrocities, human rights violations, and crimes

against humanity committed by the Tatmadaw, or military

junta of Burma;

‘‘(3) progress toward broad-based and inclusive economic

growth;

‘‘(4) progress toward genuine national reconciliation;

‘‘(5) steps taken to impose costs on the military junta;

President.

Coordination.

50 USC 1701

note.

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135 STAT. 2352 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(6) progress made in advancing the strategy referred to

in subsection (c); and

‘‘(7) actions by the People’s Republic of China or the Rus-

sian Federation that undermine the sovereignty, stability, or

unity of Burma.’’.

(2) E

FFECTIVE DATE

.—The amendments made by paragraph

(1) shall take effect on the date of the enactment of this Act

and apply with respect to the first report required under sub-

section (d) of section 570 of Public Law 104–208 that is required

after the date of the enactment of this Act.

(b) R

EPEALS

.—The following provisions of law are hereby

repealed:

(1) Subsection (b) of section 804 of Public Law 101–246.

(2) Section 6 of Public Law 104–45.

(3) Subsection (c) of section 702 of Public Law 96–465

(22 U.S.C. 4022).

(4) Section 404 of the Arms Control and Disarmament

Act (22 U.S.C. 2593b).

(5) Section 5 of Public Law 94–304 (22 U.S.C. 3005).

(6) Subsection (b) of section 502 of the International Secu-

rity and Development Cooperation Act of 1985 (22 U.S.C.

2349aa–7).

EPORT TO

ONGRESS

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of State and

the Administrator of the United States Agency for International

Development shall submit to the appropriate congressional commit-

tees a report that includes each of the following:

(1) A list of all reports described in subsection (d) required

to be submitted by their respective agency.

(2) For each such report, a citation to the provision of

law under which the report is required to be submitted.

(3) The reporting frequency of each such report.

(4) The estimated cost of each report, to include personnel

time costs.

(d) C

OVERED

EPORTS

.—A report described in this subsection

is a recurring report that is required to be submitted to Congress

by the Department of State or the United States Agency for Inter-

national Development, or by any officer, official, component, or

element of each entity.

(e) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the Committee on Foreign Relations of the Senate and the Com-

mittee on Foreign Affairs of the House of Representatives and

the Committees on Appropriations of the Senate and the House

of Representatives.

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.

Cost estimate.

List.

Applicability.

50 USC 1701

note.

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135 STAT. 2353 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 5212. Competition in embassy construction.

Sec. 5213. Statement of policy.

Sec. 5214. Definitions.

SEC. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.

For ‘‘Embassy Security, Construction, and Maintenance’’, there

is authorized to be appropriated $1,983,149,000 for fiscal year 2022.

SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

the Department’s Bureau of Overseas Building Operations (OBO)

or successor office should give appropriate consideration to

standardization in construction, in which each new United States

embassy and consulate starts with a standard design and keeps

customization to a minimum.

(b) C

ONSULTATION

.—The Secretary shall carry out any new

United States embassy compound or new consulate compound

project that utilizes a non-standard design, including those projects

that are in the design or pre-design phase as of the date of the

enactment of this Act, only in consultation with the appropriate

congressional committees and the Committees on Appropriations

of the Senate and the House of Representatives. The Secretary

shall provide the appropriate congressional committees and the

Committees on Appropriations of the Senate and the House of

Representatives, for each such project, the following documentation:

(1) A comparison of the estimated full lifecycle costs of

the project to the estimated full lifecycle costs of such project

if it were to use a standard design.

(2) A comparison of the estimated completion date of such

project to the estimated completion date of such project if

it were to use a standard design.

(3) A comparison of the security of the completed project

to the security of such completed project if it were to use

a standard design.

(4) A justification for the Secretary’s selection of a non-

standard design over a standard design for such project.

(5) A written explanation if any of the documentation nec-

essary to support the comparisons and justification, as the

case may be, described in paragraphs (1) through (4) cannot

be provided.

UNSET

.—The consultation requirement under subsection

(b) shall expire on the date that is 4 years after the date of

the enactment of this Act.

SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.

(a) I

ENERAL

.—Section 118 of the Department of State

Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is amended—

(1) in the section heading , by striking ‘‘

ANNUAL REPORT

ON EMBASSY CONSTRUCTION COSTS

’’ and inserting ‘‘

BIANNUAL

REPORT ON OVERSEAS CAPITAL CONSTRUCTION PROJECTS

’’;

and

(2) by striking subsections (a) and (b) and inserting the

following new subsections:

‘‘(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this subsection and every 180 days thereafter

until the date that is 4 years after such date of enactment, the

Secretary shall submit to the appropriate congressional committees

and the Committees on Appropriations of the Senate and the House

of Representatives a comprehensive report regarding all ongoing

Reports.

Time period.

Estimate.

Cost estimate.

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135 STAT. 2354 PUBLIC LAW 117–81—DEC. 27, 2021

overseas capital construction projects and major embassy security

upgrade projects.

‘‘(b) C

ONTENTS

.—Each report required under subsection (a)

shall include the following with respect to each ongoing overseas

capital construction project and major embassy security upgrade

project:

‘‘(1) The initial cost estimate as specified in the proposed

allocation of capital construction and maintenance funds

required by the Committees on Appropriations for Acts making

appropriations for the Department of State, foreign operations,

and related programs.

‘‘(2) The current cost estimate.

‘‘(3) The value of each request for equitable adjustment

received by the Department to date.

‘‘(4) The value of each certified claim received by the

Department to date.

‘‘(5) The value of any usage of the project’s contingency

fund to date and the value of the remainder of the project’s

contingency fund.

‘‘(6) An enumerated list of each request for adjustment

and certified claim that remains outstanding or unresolved.

‘‘(7) An enumerated list of each request for equitable adjust-

ment and certified claim that has been fully adjudicated or

that the Department has settled, and the final dollar amount

of each adjudication or settlement.

‘‘(8) The date of estimated completion specified in the pro-

posed allocation of capital construction and maintenance funds

required by the Committees on Appropriations not later than

45 days after the date of the enactment of an Act making

appropriations for the Department of State, foreign operations,

and related programs.

‘‘(9) The current date of estimated completion.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Department of State Authorities Act, Fiscal Year 2017

(Public Law 114–323; 130 Stat. 1905) is amended by amending

the item relating to section 118 to read as follows:

‘‘Sec. 118. Biannual report on overseas capital construction projects.’’.

SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION.

(a) D

EADLINE FOR

OMPLETION

.—The Secretary shall complete

all contractor performance evaluations outstanding as of the date

of the enactment of this Act required by subpart 42.15 of the

Federal Acquisition Regulation for those contractors engaged in

construction of new embassy or new consulate compounds by April

1, 2022.

(b) P

RIORITIZATION

YSTEM

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary shall develop a

prioritization system for clearing the current backlog of required

evaluations referred to in subsection (a).

(2) E

LEMENTS

.—The system required under paragraph (1)

should prioritize the evaluations as follows:

(A) Project completion evaluations should be prioritized

over annual evaluations.

(B) Evaluations for relatively large contracts should

have priority.

Deadline.

Evaluations.

Estimate.

Deadline.

List.

Cost estimate.

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135 STAT. 2355 PUBLIC LAW 117–81—DEC. 27, 2021

for the awarding of government contracts should have pri-

ority.

RIEFING

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of State shall brief the appro-

priate congressional committees on the Department’s plan for com-

pleting all evaluations by April 1, 2022, in accordance with sub-

section (a) and the prioritization system developed pursuant to

subsection (b).

(d) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) contractors deciding whether to bid on Department

contracts would benefit from greater understanding of the

Department as a client; and

(2) the Department should develop a forum where contrac-

tors can comment on the Department’s project management

performance.

SEC. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CON-

SULATES.

(a) I

ENERAL

.—For each new United States embassy com-

pound (NEC) and new consulate compound project (NCC) in or

not yet in the design phase as of the date of the enactment of

this Act, the Department shall project growth over the estimated

life of the facility using all available and relevant data, including

the following:

(1) Relevant historical trends for Department personnel

and personnel from other agencies represented at the NEC

or NCC that is to be constructed.

(2) An analysis of the tradeoffs between risk and the needs

of United States Government policy conducted as part of the

most recent Vital Presence Validation Process, if applicable.

(3) Reasonable assumptions about the strategic importance

of the NEC or NCC, as the case may be, over the life of

the building at issue.

(4) Any other data that would be helpful in projecting

the future growth of NEC or NCC.

(b) O

THER

EDERAL

GENCIES

.—The head of each Federal

agency represented at a United States embassy or consulate shall

provide to the Secretary, upon request, growth projections for the

personnel of each such agency over the estimated life of each

embassy or consulate, as the case may be.

ASIS FOR

STIMATES

.—The Department shall base its

growth assumption for all NECs and NCCs on the estimates

required under subsections (a) and (b).

(d) C

ONGRESSIONAL

OTIFICATION

.—Any congressional notifica-

tion of site selection for a NEC or NCC submitted after the date

of the enactment of this Act shall include the growth assumption

used pursuant to subsection (c).

SEC. 5206. LONG-RANGE PLANNING PROCESS.

(a) P

LANS

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, and annually thereafter for the

next five years as the Secretary of State considers appropriate,

the Secretary shall develop—

Deadline.

22 USC 305.

Deadline.

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135 STAT. 2356 PUBLIC LAW 117–81—DEC. 27, 2021

(A) a comprehensive 6-year plan documenting the

Department’s overseas building program for the replace-

ment of overseas diplomatic posts taking into account secu-

rity factors under the Secure Embassy Construction and

Counterterrorism Act of 1999 and other relevant statutes

and regulations, as well as occupational safety and health

factors pursuant to the Occupational Safety and Health

Act of 1970 and other relevant statutes and regulations,

including environmental factors such as indoor air quality

that impact employee health and safety; and

(B) a comprehensive 6-year plan detailing the Depart-

ment’s long-term planning for the maintenance and

sustainment of completed diplomatic posts, which takes

into account security factors under the Secure Embassy

Construction and Counterterrorism Act of 1999 and other

relevant statutes and regulations, as well as occupational

safety and health factors pursuant to the Occupational

Safety and Health Act of 1970 and other relevant statutes

and regulations, including environmental factors such as

indoor air quality that impact employee health and safety.

(2) I

NITIAL REPORT

.—The first plan developed pursuant

to paragraph (1)(A) shall also include a one-time status report

on existing small diplomatic posts and a strategy for estab-

lishing a physical diplomatic presence in countries in which

there is no current physical diplomatic presence and with which

the United States maintains diplomatic relations. Such report,

which may include a classified annex, shall include the fol-

lowing:

(A) A description of the extent to which each small

diplomatic post furthers the national interest of the United

States.

(B) A description of how each small diplomatic post

provides American Citizen Services, including data on spe-

cific services provided and the number of Americans

receiving services over the previous year.

post meets current security requirements.

(D) A description of the full financial cost of

maintaining each small diplomatic post.

(E) Input from the relevant chiefs of mission on any

unique operational or policy value the small diplomatic

post provides.

(F) A recommendation of whether any small diplomatic

posts should be closed.

(3) U

PDATED INFORMATION

.—The annual updates of each

of the plans developed pursuant to paragraph (1) shall highlight

any changes from the previous year’s plan to the ordering

of construction and maintenance projects.

(b) R

EPORTING

EQUIREMENTS

.—

(1) S

UBMISSION OF PLANS TO CONGRESS

.—Not later than

60 days after the completion of each plan required under sub-

section (a), the Secretary shall submit the plans to the appro-

priate congressional committees and the Committees on Appro-

priations of the Senate and the House of Representatives.

(2) R

EFERENCE IN BUDGET JUSTIFICATION MATERIALS

.—In

the budget justification materials submitted to the appropriate

congressional committees in support of the Department’s budget

Deadline.

Recommenda-

tions.

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135 STAT. 2357 PUBLIC LAW 117–81—DEC. 27, 2021

for any fiscal year (as submitted with the budget of the Presi-

dent under section 1105(a) of title 31, United States Code),

the plans required under subsection (a) shall be referenced

to justify funding requested for building and maintenance

projects overseas.

(3) F

ORM OF REPORT

.—Each report required under para-

graph (1) shall be submitted in unclassified form but may

include a classified annex.

MALL

IPLOMATIC

OST

EFINED

.—In this section, the term

‘‘small diplomatic post’’ means any United States embassy or con-

sulate that has employed five or fewer United States Government

employees or contractors on average over the 36 months prior

to the date of the enactment of this Act.

SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT.

(a) F

INDINGS

.—Congress makes the following findings:

(1) Federal departments and agencies are required to use

value engineering (VE) as a management tool, where appro-

priate, to reduce program and acquisition costs pursuant to

OMB Circular A–131, Value Engineering, dated December 31,

2013.

(2) OBO has a Policy Directive and Standard Operation

Procedure, dated May 24, 2017, on conducting risk management

studies on all international construction projects.

(b) N

OTIFICATION

EQUIREMENTS

.—

(1) S

UBMISSION TO AUTHORIZING COMMITTEES

.—Any

notification that includes the allocation of capital construction

and maintenance funds shall be submitted to the appropriate

congressional committees.

(2) R

EQUIREMENT TO CONFIRM COMPLETION OF VALUE

ENGINEERING AND RISK ASSESSMENT STUDIES

.—The notifications

required under paragraph (1) shall include confirmation that

the Department has completed the requisite VE and risk

management process described in subsection (a), or applicable

successor process.

EPORTING AND

RIEFING

EQUIREMENTS

.—The Secretary

shall provide to the appropriate congressional committees upon

request—

(1) a description of each risk management study referred

to in subsection (a)(2) and a table detailing which recommenda-

tions related to each such study were accepted and which

were rejected; and

(2) a report or briefing detailing the rationale for not imple-

menting any such recommendations that may otherwise yield

significant cost savings to the Department if implemented.

SEC. 5208. BUSINESS VOLUME.

Section 402(c)(2)(E) of the Omnibus Diplomatic Security and

Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended

by striking ‘‘in 3 years’’ and inserting ‘‘cumulatively over 3 years’’.

SEC. 5209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.

The Secretary of State shall provide to the appropriate congres-

sional committees, the Committee on Armed Services of the House

of Representatives, and the Committee on Armed Services of the

Senate upon request information on physical security deficiencies

at United States diplomatic posts, including relating to the fol-

lowing:

22 USC 4851

note.

22 USC 292 note.

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135 STAT. 2358 PUBLIC LAW 117–81—DEC. 27, 2021

(1) Requests made over the previous year by United States

diplomatic posts for security upgrades.

(2) Significant security deficiencies at United States diplo-

matic posts that are not operating out of a new embassy com-

pound or new consulate compound.

SEC. 5210. OVERSEAS SECURITY BRIEFINGS.

Not later than one year after the date of the enactment of

this Act, the Secretary of State shall revise the Foreign Affairs

Manual to stipulate that information on the current threat environ-

ment shall be provided to all United States Government employees

under chief of mission authority traveling to a foreign country

on official business. To the extent practicable, such material shall

be provided to such employees prior to their arrival at a United

States diplomatic post or as soon as possible thereafter.

SEC. 5211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.

(a) D

ELIVERY

.—Unless the Secretary of State notifies the appro-

priate congressional committees that the use of the design-build

project delivery method would not be appropriate, the Secretary

shall make use of such method at United States diplomatic posts

that have not yet received design or capital construction contracts

as of the date of the enactment of this Act.

(b) N

OTIFICATION

.—Before executing a contract for a delivery

method other than design-build in accordance with subsection (a),

the Secretary of State shall notify the appropriate congressional

committees in writing of the decision, including the reasons therefor.

The notification required by this subsection may be included in

any other report regarding a new United States diplomatic post

that is required to be submitted to the appropriate congressional

committees.

ERFORMANCE

VALUATION

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of State shall

report to the appropriate congressional committees regarding

performance evaluation measures in accordance with GAO’s ‘‘Stand-

ards for Internal Control in the Federal Government’’ that will

be applicable to design and construction, lifecycle cost, and building

maintenance programs of the Bureau of Overseas Building Oper-

ations of the Department.

SEC. 5212. COMPETITION IN EMBASSY CONSTRUCTION.

Not later than 45 days after the date of the enactment of

this Act, the Secretary of State shall submit to the appropriate

congressional committee and the Committees on Appropriations

of the Senate and the House of Representatives a report detailing

steps the Department of State is taking to expand the embassy

construction contractor base in order to increase competition and

maximize value.

SEC. 5213. STATEMENT OF POLICY.

It is the policy of the United States that the Bureau of Overseas

Building Operations of the Department or its successor office shall

continue to balance functionality and security with accessibility,

as defined by guidelines established by the United States Access

Board in constructing embassies and consulates, and shall ensure

compliance with the Architectural Barriers Act of 1968 (42 U.S.C.

4151 et seq.) to the fullest extent possible.

22 USC 292 note.

Reports.

Notification.

22 USC 306.

Deadline.

22 USC 4802

note.

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135 STAT. 2359 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 5214. DEFINITIONS.

In this title:

(1) D

ESIGN

BUILD

.—The term ‘‘design-build’’ means a

method of project delivery in which one entity works under

a single contract with the Department to provide design and

construction services.

(2) N

STANDARD DESIGN

.—The term ‘‘non-standard

design’’ means a design for a new embassy compound project

or new consulate compound project that does not utilize a

standardized design for the structural, spatial, or security

requirements of such embassy compound or consulate com-

pound, as the case may be.

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 po-

sitions.

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 edu-

cation needs consistent with the Individuals with Disabilities Education

Act.

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

SEC. 5301. DEFENSE BASE ACT INSURANCE WAIVERS.

(a) A

PPLICATION FOR

AIVERS

.—Not later than 30 days after

the date of the enactment of this Act, the Secretary shall apply

to the Department of Labor for a waiver from insurance require-

ments under the Defense Base Act (42 U.S.C. 1651 et seq.) for

all countries with respect to which the requirement was waived

prior to January 2017, and for which there is not currently a

waiver.

(b) C

ERTIFICATION

EQUIREMENT

.—Not later than 45 days after

the date of the enactment of this Act, the Secretary shall certify

to the appropriate congressional committees that the requirement

in subsection (a) has been met.

SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES.

(a) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—Not later than one year after date of

the enactment of this Act, the Secretary shall submit to the

Analysis.

Deadlines.

22 USC 306 note.

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135 STAT. 2360 PUBLIC LAW 117–81—DEC. 27, 2021

appropriate congressional committees a report detailing an

empirical analysis on the effect of overseas allowances on the

foreign assignment of Foreign Service officers (FSOs), to be

conducted by a federally-funded research and development

center with appropriate expertise in labor economics and mili-

tary compensation.

(2) C

ONTENTS

.—The analysis required under paragraph (1)

shall—

(A) identify all allowances paid to FSOs assigned

permanently or on temporary duty to foreign areas;

(B) examine the efficiency of the Foreign Service bid-

ding system in determining foreign assignments;

on particular assignments, including danger levels and

hardship conditions;

(D) examine the Department’s strategy and process

for incentivizing FSOs to bid on assignments that are

historically in lower demand, including with monetary com-

pensation, and whether monetary compensation is nec-

essary for assignments in higher demand;

(E) make any relevant comparisons to military com-

pensation and allowances, noting which allowances are

shared or based on the same regulations;

(F) recommend options for restructuring allowances

to improve the efficiency of the assignments system and

better align FSO incentives with the needs of the Foreign

Service, including any cost savings associated with such

restructuring;

(G) recommend any statutory changes necessary to

implement subparagraph (F), such as consolidating existing

legal authorities for the provision of hardship and danger

pay; and

(H) detail any effects of recommendations made pursu-

ant to subparagraphs (F) and (G) on other United States

Government departments and agencies with civilian

employees permanently assigned or on temporary duty in

foreign areas, following consultation with such departments

and agencies.

(b) B

RIEFING

EQUIREMENT

.—Before initiating the analysis

required under subsection (a)(1), and not later than 60 days after

the date of the enactment of this Act, the Secretary shall provide

to the appropriate congressional committees a briefing on the

implementation of this section that includes the following:

(1) The name of the federally funded research and develop-

ment center that will conduct such analysis.

(2) The scope of such analysis and terms of reference for

such analysis as specified between the Department and such

federally funded research and development center.

VAILABILITY OF

NFORMATION

.—

(1) I

N GENERAL

.—The Secretary shall make available to

the federally-funded research and development center carrying

out the analysis required under subsection (a)(1) all necessary

and relevant information to allow such center to conduct such

analysis in a quantitative and analytical manner, including

historical data on the number of bids for each foreign assign-

ment and any survey data collected by the Department from

eligible bidders on their bid decision-making.

Data.

Deadline.

Consultation.

Recommenda-

tions.

Recommenda-

tions.

Examination.

Determination.

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135 STAT. 2361 PUBLIC LAW 117–81—DEC. 27, 2021

(2) C

OOPERATION

.—The Secretary shall work with the

heads of other relevant United States Government departments

and agencies to ensure such departments and agencies provide

all necessary and relevant information to the federally-funded

research and development center carrying out the analysis

required under subsection (a)(1).

(d) I

NTERIM

EPORT TO

ONGRESS

.—The Secretary shall require

that the chief executive officer of the federally-funded research

and development center that carries out the analysis required under

subsection (a)(1) submit to the Committee on Foreign Relations

of the Senate and the Committee on Foreign Affairs of the House

of Representatives an interim report on such analysis not later

than 180 days after the date of the enactment of this Act.

SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.

Section 504 of the Foreign Relations Authorization Act, Fiscal

Year 1979 (22 U.S.C. 2656d) is amended by adding at the end

the following new subsection:

‘‘(e) G

RANTS AND

OOPERATIVE

GREEMENTS

ELATED TO

CIENCE AND

ECHNOLOGY

ELLOWSHIP

ROGRAMS

.—

‘‘(1) I

N GENERAL

.—The Secretary is authorized to make

grants or enter into cooperative agreements related to Depart-

ment of State science and technology fellowship programs,

including for assistance in recruiting fellows and the payment

of stipends, travel, and other appropriate expenses to fellows.

‘‘(2) E

XCLUSION FROM CONSIDERATION AS COMPENSATION

.—

Stipends under paragraph (1) shall not be considered compensa-

tion for purposes of section 209 of title 18, United States

Code.

‘‘(3) M

AXIMUM ANNUAL AMOUNT

.—The total amount of

grants made pursuant to this subsection may not exceed

$500,000 in any fiscal year.’’.

SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.

Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.

4081(15)) is amended—

(1) in the matter preceding subparagraph (A), by striking

‘‘1 round-trip per year for each child below age 21 of a member

of the Service assigned abroad’’ and inserting ‘‘in the case

of one or more children below age 21 of a member of the

Service assigned abroad, 1 round-trip per year’’;

(2) in subparagraph (A)—

(A) by inserting ‘‘for each child’’ before ‘‘to visit the

member abroad’’; and

(B) by striking ‘‘; or’’ and inserting a comma;

(3) in subparagraph (B)—

(A) by inserting ‘‘for each child’’ before ‘‘to visit the

other parent’’; and

(B) by inserting ‘‘or’’ after ‘‘resides,’’;

(4) by inserting after subparagraph (B) the following new

subparagraph:

‘‘(C) for one of the child’s parents to visit the child

or children abroad if the child or children do not regularly

reside with that parent and that parent is not receiving

an education allowance or educational travel allowance

for the child or children under section 5924(4) of title

5, United States Code,’’; and

Contracts.

Requirement.

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135 STAT. 2362 PUBLIC LAW 117–81—DEC. 27, 2021

(5) in the matter following subparagraph (C), as added

by paragraph (4) of this section, by striking ‘‘a payment’’ and

inserting ‘‘the cost of round-trip travel’’.

SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.

Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C.

4083(b)) is amended by adding at the end the following new sen-

tence: ‘‘In cases in which a member of the Service has official

orders to an unaccompanied post and in which the family members

of the member reside apart from the member at authorized locations

outside the United States, the member may take the leave ordered

under this section where that member’s family members reside,

notwithstanding section 10305 of title 5, United States Code.’’.

SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP

PROGRAMS.

It is the sense of Congress that Department fellowships that

promote the employment of candidates belonging to under-rep-

resented groups, including the Charles B. Rangel International

Affairs Graduate Fellowship Program, the Thomas R. Pickering

Foreign Affairs Fellowship Program, and the Donald M. Payne

International Development Fellowship Program, represent smart

investments vital for building a strong, capable, and representative

national security workforce.

SEC. 5307. TECHNICAL CORRECTION.

Subparagraph (A) of section 601(c)(6) of the Foreign Service

Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter pre-

ceding clause (i), by—

(1) striking ‘‘promotion’’ and inserting ‘‘promotion, on or

after January 1, 2017,’’; and

(2) striking ‘‘individual joining the Service on or after

January 1, 2017,’’ and inserting ‘‘Foreign Service officer,

appointed under section 302(a)(1), who has general responsi-

bility for carrying out the functions of the Service’’.

SEC. 5308. FOREIGN SERVICE AWARDS.

(a) I

ENERAL

.—Section 614 of the Foreign Service Act of

1980 (22 U.S.C. 4013) is amended—

(1) by amending the section heading to read as follows:

‘‘

DEPARTMENT AWARDS

’’; and

(2) in the first sentence, by inserting ‘‘or Civil Service’’

after ‘‘the Service’’.

(b) C

ONFORMING

MENDMENT

.—The item relating to section

614 in the table of contents of the Foreign Service Act of 1980

is amended to read as follows:

‘‘Sec. 614. Department awards.’’.

SEC. 5309. WORKFORCE ACTIONS.

(a) S

ENSE OF

ONGRESS ON

ORKFORCE

ECRUITMENT

.—It is

the sense of Congress that the Secretary should continue to hold

entry-level classes for Foreign Service officers and specialists and

continue to recruit civil servants through programs such as the

Presidential Management Fellows Program and Pathways Intern-

ship Programs in a manner and at a frequency consistent with

prior years and consistent with the need to maintain a pool of

experienced personnel effectively distributed across skill codes and

ranks. It is further the sense of Congress that absent continuous

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135 STAT. 2363 PUBLIC LAW 117–81—DEC. 27, 2021

recruitment and training of Foreign Service officers and civil serv-

ants, the Department will lack experienced, qualified personnel

in the short, medium, and long terms.

(b) L

IMITATION

.—The Secretary should not implement any

reduction-in-force action under section 3502 or 3595 of title 5,

United States Code, or for any incentive payments for early separa-

tion or retirement under any other provision of law unless—

(1) the appropriate congressional committees are notified

not less than 15 days in advance of such obligation or expendi-

ture; and

(2) the Secretary has provided to the appropriate congres-

sional committees a detailed report that describes the Depart-

ment’s strategic staffing goals, including—

(A) a justification that describes how any proposed

workforce reduction enhances the effectiveness of the

Department;

(B) a certification that such workforce reduction is

in the national interest of the United States;

Department, including 5-year workforce forecasting and

a description of the anticipated impact of any proposed

workforce reduction; and

(D) a dataset displaying comprehensive workforce data

for all current and planned employees of the Department,

disaggregated by—

(i) Foreign Service officer and Foreign Service spe-

cialist rank;

(ii) civil service job skill code, grade level, and

bureau of assignment;

(iii) contracted employees, including the equivalent

job skill code and bureau of assignment; and

(iv) employees hired under schedule C of subpart

C of part 213 of title 5, Code of Federal Regulations,

including their equivalent grade and job skill code

and bureau of assignment.

SEC. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT

AT THE DEPARTMENT OF STATE.

It is the sense of Congress that—

(1) the Department should continue to promote the employ-

ment of veterans, in accordance with section 301 of the Foreign

Service Act of 1980 (22 U.S.C. 3941), as amended by section

10406 of this Act, including those veterans belonging to

traditionally underrepresented groups at the Department;

(2) veterans employed by the Department have made

significant contributions to United States foreign policy in a

variety of regional and global affairs bureaus and diplomatic

posts overseas; and

(3) the Department should continue to encourage veteran

employment and facilitate their participation in the workforce.

SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND

PRECLUSIONS.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

the Department should expand the appeal process it makes avail-

able to employees related to assignment preclusions and restric-

tions.

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135 STAT. 2364 PUBLIC LAW 117–81—DEC. 27, 2021

(b) A

PPEAL OF

SSIGNMENT

ESTRICTION OR

RECLUSION

.—Sub-

section (a) of section 414 of the Department of State Authorities

Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amended by adding

at the end the following new sentences: ‘‘Such right and process

shall ensure that any employee subjected to an assignment restric-

tion or preclusion shall have the same appeal rights as provided

by the Department regarding denial or revocation of a security

clearance. Any such appeal shall be resolved not later than 60

days after such appeal is filed.’’.

OTICE AND

ERTIFICATION

.—Not later than 90 days after

the date of the enactment of this Act, the Secretary shall revise,

and certify to the appropriate congressional committees regarding

such revision, the Foreign Affairs Manual guidance regarding denial

or revocation of a security clearance to expressly state that all

review and appeal rights relating thereto shall also apply to any

recommendation or decision to impose an assignment restriction

or preclusion to an employee.

(d) A

NNUAL

EPORT

.—Not later than 90 days after the date

of the enactment of this Act, and annually thereafter, the Secretary

of State shall submit to the Committee on Foreign Affairs and

the Committee on Appropriations of the House of Representatives

and the Committee on Foreign Relations and the Committee on

Appropriations of the Senate a report that contains the following:

(1) A rationale for the use of assignment restrictions by

the Department of State, including specific case studies related

to cleared United States Foreign Service and civil service

employees of the Department that demonstrate country-specific

restrictions serve a counterintelligence role beyond that which

is already covered by the security clearance process.

(2) The number of such Department employees subject

to assignment restrictions over the previous year, with data

disaggregated by—

(A) identification as a Foreign Service officer, civil

service employee, eligible family member, or other employ-

ment status;

(B) the ethnicity, national origin, and race of the pre-

cluded employee;

(D) the country of restriction.

(3) A description of the considerations and criteria used

by the Bureau of Diplomatic Security to determine whether

an assignment restriction is warranted.

(4) The number of restrictions that were appealed and

the success rate of such appeals.

(5) The impact of assignment restrictions in terms of

unused language skills as measured by Foreign Service

Institute language scores of such precluded employees.

(6) Measures taken to ensure the diversity of adjudicators

and contracted investigators, with accompanying data on

results.

SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) career Department employees provide invaluable service

to the United States as nonpartisan professionals who con-

tribute subject matter expertise and professional skills to the

22 USC 2734e.

Deadline.

Applicability.

22 USC 2734c

note.

Deadline.

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135 STAT. 2365 PUBLIC LAW 117–81—DEC. 27, 2021

successful development and execution of United States foreign

policy; and

(2) reemployment of skilled former members of the Foreign

and civil service who have voluntarily separated from the For-

eign or civil service due to family reasons or to obtain profes-

sional skills outside government is of benefit to the Department.

(b) N

OTICE OF

MPLOYMENT

PPORTUNITIES

.—Title 5, United

States Code, is amended by inserting after chapter 102 the following

new chapter:

‘‘CHAPTER 103—DEPARTMENT OF STATE

‘‘Sec.

‘‘10301. Notice of employment opportunities for Department of State and USAID po-

sitions.

‘‘10302. Consulting services for the Department of State.

‘‘§ 10301. Notice of employment opportunities for Department

of State and USAID positions

‘‘To ensure that individuals who have separated from the

Department of State or the United States Agency for International

Development and who are eligible for reappointment are aware

of such opportunities, the Department of State and the United

States Agency for International Development shall publicize notice

of all employment opportunities, including positions for which the

relevant agency is accepting applications from individuals within

the agency’s workforce under merit promotion procedures, on pub-

licly accessible sites, including www.usajobs.gov. If using merit

promotion procedures, the notice shall expressly state that former

employees eligible for reinstatement may apply.’’.

LERICAL

MENDMENT

.—The table of chapters at the begin-

ning of title 5, United States Code, is amended by inserting after

the item relating to chapter 102 the following:

‘‘103. Department of State ................................................................................10301.’’.

SEC. 5313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF

STATE.

(a) I

ENERAL

.—Not later than 18 months after the date

of the enactment of this Act, the Secretary shall submit to the

appropriate congressional committees and the Committees on

Appropriations of the Senate and the House of Representatives

a comprehensive 5-year strategic staffing plan for the Department

that is aligned with and furthers the objectives of the National

Security Strategy of the United States of America issued in

December 2017, or any subsequent strategy issued not later than

18 months after the date of the enactment of this Act, which

shall include the following:

(1) A dataset displaying comprehensive workforce data,

including all shortages in bureaus described in GAO report

GAO–19–220, for all current and planned employees of the

Department, disaggregated by—

(A) Foreign Service officer and Foreign Service spe-

cialist rank;

(B) civil service job skill code, grade level, and bureau

of assignment;

skill code and bureau of assignment;

Data.

Deadline.

Time period.

Recommenda-

tions.

22 USC 2734f.

5 USC 2101 prec.

5 USC 10301.

5 USC 10301

prec.

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135 STAT. 2366 PUBLIC LAW 117–81—DEC. 27, 2021

(D) employees hired under schedule C of subpart C

of part 213 of title 5, Code of Federal Regulations, including

the equivalent grade and job skill code and bureau of

assignment of such employee; and

(E) overseas region.

(2) Recommendations on the number of Foreign Service

officers disaggregated by service cone that should be posted

at each United States diplomatic post and in the District of

Columbia, with a detailed basis for such recommendations.

(3) Recommendations on the number of civil service officers

that should be employed by the Department, with a detailed

basis for such recommendations.

(b) M

AINTENANCE

.—The dataset required under subsection

(a)(1) shall be maintained and updated on a regular basis.

ONSULTATION

.—The Secretary shall lead the development

of the plan required under subsection (a) but may consult or partner

with private sector entities with expertise in labor economics,

management, or human resources, as well as organizations familiar

with the demands and needs of the Department’s workforce.

(d) R

EPORT

.—Not later than 120 days after the date of the

enactment of this Act, the Secretary of State shall submit to the

appropriate congressional committees a report regarding root causes

of Foreign Service and civil service shortages, the effect of such

shortages on national security objectives, and the Department’s

plan to implement recommendations described in GAO–19–220.

SEC. 5314. CONSULTING SERVICES.

(a) I

ENERAL

.—Chapter 103 of title 5, United States Code,

as added by section 10312, is amended by adding at the end the

following:

‘‘§ 10302. Consulting services for the Department of State

‘‘Any consulting service obtained by the Department of State

through procurement contract pursuant to section 3109 of title

5, United States Code, shall be limited to those contracts with

respect to which expenditures are a matter of public record and

available for public inspection, except if otherwise provided under

existing law, or under existing Executive order issued pursuant

to existing law.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections for chapter

103 of title 5, United States Code, as added by section 10312(b)

of this Act, is amended by adding after the item relating to section

10301 of title 5, United States Code, the following new item:

‘‘10302. Consulting services for the Department of State.’’.

SEC. 5315. INCENTIVES FOR CRITICAL POSTS.

Section 1115(d) of the Supplemental Appropriations Act, 2009

(Public Law 111–32) is amended by striking the last sentence.

SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY

REVIEW BOARDS.

Section 301(a)(3) of the Omnibus Diplomatic Security and

Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended—

(1) in the heading, by striking ‘‘

AFGHANISTAN AND

’’ and

inserting ‘‘

AFGHANISTAN

YEMEN

SYRIA

AND

’’; and

(2) in subparagraph (A)—

(A) in clause (i), by striking ‘‘Afghanistan or’’ and

inserting ‘‘Afghanistan, Yemen, Syria, or’’; and

5 USC 5753 note.

Contracts.

5 USC 10302.

Updates.

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135 STAT. 2367 PUBLIC LAW 117–81—DEC. 27, 2021

(B) in clause (ii), by striking ‘‘beginning on October

1, 2005, and ending on September 30, 2009’’ and inserting

‘‘beginning on October 1, 2020, and ending on September

30, 2022’’.

SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.

Subsection (c) of section 610 of the Foreign Service Act of

1980 (22 U.S.C. 4010) is amended—

(1) in paragraph (1), in the matter preceding subparagraph

(A), by striking ‘‘suspend’’ and inserting ‘‘indefinitely suspend

without duties’’;

(2) by redesignating paragraph (5) as paragraph (7);

(3) by inserting after paragraph (4) the following new para-

graphs:

‘‘(5) For each member of the Service suspended under para-

graph (1)(A) whose security clearance remains suspended for

more than one calendar year, not later than 30 days after

the end of such calendar year, the Secretary of State shall

report to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of

the Senate in writing regarding the specific reasons relating

to the duration of each such suspension.

‘‘(6) Any member of the Service suspended under paragraph

(1)(B) may be suspended without pay only after a final written

decision is provided to such member pursuant to paragraph

(2).’’; and

(4) in paragraph (7), as so redesignated—

(A) by striking ‘‘this subsection’’ and all that follows

through ‘‘The term’’ in subparagraph (A) and inserting

‘‘this subsection, the term’’;

(B) by redesignating clauses (i) and (ii) as subpara-

graphs (A) and (B), respectively, and moving such subpara-

graphs 2 ems to the left; and

tion of ‘‘suspend’’ and ‘‘suspension’’).

SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HAND-

BOOK CHANGES.

(a) A

PPLICABILITY

.—The Foreign Affairs Manual and the For-

eign Affairs Handbook apply with equal force and effect and without

exception to all Department of State personnel, including the Sec-

retary of State, Department employees, and political appointees,

regardless of an individual’s status as a Foreign Service officer,

Civil Service employee, or political appointee hired under any legal

authority.

(b) C

ERTIFICATION

.—Not later than 30 days after the date of

the enactment of this Act, the Secretary of State shall submit

to the appropriate congressional committees a certification in

unclassified form that the applicability described in subsection (a)

has been communicated to all Department personnel, including

the personnel referred to in such subsection.

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, and every 180 days thereafter

for 5 years, the Secretary shall submit to the appropriate

congressional committees a report detailing all significant

changes made to the Foreign Affairs Manual or the Foreign

Affairs Handbook.

Time period.

Deadline.

22 USC 2658a.

Reports.

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135 STAT. 2368 PUBLIC LAW 117–81—DEC. 27, 2021

(2) C

OVERED PERIODS

.—The first report required under

paragraph (1) shall cover the 5-year period preceding the

submission of such report. Each subsequent report shall cover

the 180-day period preceding submission.

(3) C

ONTENTS

.—Each report required under paragraph (1)

shall contain the following:

(A) The location within the Foreign Affairs Manual

or the Foreign Affairs Handbook where a change has been

made.

(B) The statutory basis for each such change, as

applicable.

Manual or Foreign Affairs Handbook before and after such

change.

(D) A summary of such changes displayed in spread-

sheet form.

SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL

REQUIREMENTS OF CERTAIN POSITIONS.

The Secretary of State may waive any or all of the individual

occupational requirements with respect to an employee or prospec-

tive employee of the Department of State for a civilian position

categorized under the GS–0130 occupational series if the Secretary

determines that the individual possesses significant scientific,

technological, engineering, or mathematical expertise that is

integral to performing the duties of the applicable position, based

on demonstrated job performance and qualifying experience. With

respect to each waiver granted under this subsection, the Secretary

shall set forth in a written document that is transmitted to the

Director of the Office of Personnel Management the rationale for

the decision of the Secretary to waive such requirements.

SEC. 5320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGE-

MENT CENTER.

The Secretary may appoint, for a 3-year period that may be

extended for up to an additional 2 years, solely to carry out the

functions of the Global Engagement Center, employees of the

Department without regard to the provisions of title 5, United

States Code, governing appointment in the competitive service,

and may fix the basic compensation of such employees without

regard to chapter 51 and subchapter III of chapter 53 of such

title.

SEC. 5321. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED

BY INSPECTORS GENERAL TO SUPPORT THE LEAD IG MIS-

SION.

Subparagraph (A) of section 8L(d)(5)(A) of the Inspector General

Act of 1978 (5 U.S.C. App.) is amended by striking ‘‘a lead Inspector

General for’’ and inserting ‘‘any of the Inspectors General specified

in subsection (c) for oversight of’’.

SEC. 5322. REPORT RELATING TO FOREIGN SERVICE OFFICER

TRAINING AND DEVELOPMENT.

(a) I

ENERAL

.—Not later than 270 days after the date of

the enactment of this Act, the Secretary of State shall submit

to the appropriate committees of Congress a report on fellowships

or details for Department of State Foreign Service generalists at—

(1) the Department of Defense;

Time period.

22 USC 2656

note.

Notification.

Determination.

22 USC 2651a

note.

Summary.

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135 STAT. 2369 PUBLIC LAW 117–81—DEC. 27, 2021

(2) United States intelligence agencies; and

(3) congressional offices or committees.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include the following elements:

(1) The number of Senior Foreign Service Officer general-

ists who, as of the date of the enactment of this Act, have

done a tour of at least one year in any of the agencies or

congressional committees described in subsection (a).

(2) The total number of senior Foreign Service Officer

generalists as of the date of the enactment of this Act.

(3) The average number of Senior Foreign Service Officer

generalists inducted annually during the 10 years preceding

the date of the enactment of this Act.

(4) The total number of Department advisors stationed

in any of the agencies or congressional offices described in

subsection (a), including the agencies or offices in which such

advisors serve.

(5) The total number of advisors from other United States

Government agencies stationed in the Department of State

(excluding defense attaches, senior defense officials, and other

Department of Defense personnel stationed in United States

missions abroad), the home agency of the advisor, and the

offices in which such advisors serve.

DUCATIONAL

XCLUSION

.—For the purposes of the report

required under subsection (a), educational programs shall not be

included.

SEC. 5323. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.

(a) A

DMINISTRATIVE

ISCIPLINE

.—Not later than 30 days after

the date of the enactment of this Act, the Secretary of State shall

make explicit in writing to all Department of State personnel,

including the Secretary of State, Department employees, contrac-

tors, and political appointees, and shall consider updating the For-

eign Affairs Manual and the Foreign Affairs Handbook to explicitly

specify, that if any of such personnel does not comply within 60

days with a request for an interview or access to documents from

the Office of the Inspector General of the Department, such per-

sonnel may be subject to appropriate administrative discipline

including, when circumstances warrant, suspension without pay

or removal.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act and on a quarterly basis thereafter,

the Office of the Inspector General of the Department of State

and the United States Agency for Global Media shall submit

to the appropriate congressional committees and the Secretary

of State a report in unclassified form detailing the following:

(A) The number of individuals who have failed to

comply within 60 days with a request for an interview

or access to documents from the Office of the Inspector

General pertaining to a noncriminal matter.

(B) The date on which such requests were initially

made.

to such individual by the Office of the Inspector General.

Compliance.

Notification.

Deadline.

22 USC 3929b.

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135 STAT. 2370 PUBLIC LAW 117–81—DEC. 27, 2021

(D) The general subject matters regarding which the

Office of the Inspector General has requested of such

individuals.

(2) F

ORM

.—Additional information pertaining solely to the

subject matter of a request described in paragraph (1) may

be provided in a supplemental classified annex, if necessary,

but all other information required by the reports required under

such paragraph shall be provided in unclassified form.

SEC. 5324. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR

CHILDREN WITH SPECIAL EDUCATION NEEDS CON-

SISTENT WITH THE INDIVIDUALS WITH DISABILITIES

EDUCATION ACT.

Not later than March 31, 2022, and annually thereafter, the

Director of the Office of Overseas Schools of the Department of

State shall maintain and update a list of overseas schools receiving

assistance from the Office and detailing the extent to which each

such school provides special education and related services to chil-

dren with disabilities in accordance with part B of the Individuals

with Disabilities Education Act (20 U.S.C. 1411 et seq.). Each

list required under this section shall be posted on the public website

of the Office for access by members of the Foreign Service, the

Senior Foreign Service, and their eligible family members.

SEC. 5325. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION

BOARD PROCESS.

(a) I

ENERAL

.—Section 603 of the Foreign Service Act of

1980 (22 U.S.C. 4003) is amended by adding at the end the following

new subsection:

‘‘(c)(1) A member of the Service or member of the Senior Foreign

Service whose performance will be evaluated by a selection board

may submit to such selection board a gap memo in advance of

such evaluation.

‘‘(2) Members of a selection board may not consider as negative

the submission of a gap memo by a member described in paragraph

(1) when evaluating the performance of such member.

‘‘(3) In this subsection, the term ‘gap memo’ means a written

record, submitted to a selection board in a standard format estab-

lished by the Director General of the Foreign Service, which

indicates and explains a gap in the record of a member of the

Service or member of the Senior Foreign Service whose performance

will be evaluated by such selection board, which gap is due to

personal circumstances, including for health, family, or other reason

as determined by the Director General in consultation with the

Committee on Foreign Affairs of the House of Representatives and

the Committee on Foreign Relations of the Senate.’’.

(b) C

ONSULTATION AND

UIDANCE

.—

(1) C

ONSULTATION

.—Not later than 30 days after the date

of the enactment of this Act, the Director General of the Foreign

Service shall consult with the Committee on Foreign Affairs

of the House of Representatives and the Committee on Foreign

Relations of the Senate regarding the development of the gap

memo under subsection (c) of section 603 of the Foreign Service

Act of 1980 (22 U.S.C. 4003), as added by subsection (a) of

this section.

(2) D

EFINITION

.—In this subsection, the term ‘‘gap memo’’

has the meaning given such term in subsection (c) of section

22 USC 4003

note.

Deadline.

Definition.

Records.

Consultation.

Determination.

Public

information.

Web posting.

Deadline.

Update.

List.

22 USC 2460

note.

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135 STAT. 2371 PUBLIC LAW 117–81—DEC. 27, 2021

603 of the Foreign Service Act of 1980 (22 U.S.C. 4003), as

added by subsection (a) of this section.

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.

SEC. 5401. DEFINITIONS.

In this title:

(1) A

PPLICANT FLOW DATA

.—The term ‘‘applicant flow data’’

means data that tracks the rate of applications for job positions

among demographic categories.

(2) D

EMOGRAPHIC DATA

.—The term ‘‘demographic data’’

means facts or statistics relating to the demographic categories

specified in the Office of Management and Budget statistical

policy directive entitled ‘‘Standards for Maintaining, Collecting,

and Presenting Federal Data on Race and Ethnicity’’ (81 Fed.

Reg. 67398).

(3) D

IVERSITY

.—The term ‘‘diversity’’ means those classes

of persons protected under the Civil Rights Act of 1964 (42

U.S.C. 2000a et seq.) and the Americans with Disabilities Act

of 1990 (42 U.S.C. 12101 et seq.).

(4) W

ORKFORCE

.—The term ‘‘workforce’’ means—

(A) individuals serving in a position in the civil service

(as defined in section 2101 of title 5, United States Code);

(B) individuals who are members of the Foreign Service

(as defined in section 103 of the Foreign Service Act of

1980 (22 U.S.C. 3902));

contract;

(D) all individuals serving under a Foreign Service

Limited appointment under section 309 of the Foreign

Service Act of 1980; or

(E) individuals other than Locally Employed Staff

working in the Department of State under any other

authority.

SEC. 5402. EXIT INTERVIEWS FOR WORKFORCE.

(a) R

ETAINED

EMBERS

.—The Director General of the Foreign

Service and the Director of the Bureau of Human Resources or

its equivalent shall conduct periodic interviews with a representa-

tive and diverse cross-section of the workforce of the Department—

(1) to understand the reasons of individuals in such

workforce for remaining in a position in the Department; and

(2) to receive feedback on workplace policies, professional

development opportunities, and other issues affecting the deci-

sion of individuals in the workforce to remain in the Depart-

ment.

22 USC 2736.

22 USC 2736

note.

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135 STAT. 2372 PUBLIC LAW 117–81—DEC. 27, 2021

(b) D

EPARTING

EMBERS

.—The Director General of the Foreign

Service and the Director of the Bureau of Human Resources or

its equivalent shall provide an opportunity for an exit interview

to each individual in the workforce of the Department who separates

from service with the Department to better understand the reasons

of such individual for leaving such service.

SE OF

NALYSIS

ROM

NTERVIEWS

.—The Director General

of the Foreign Service and the Director of the Bureau of Human

Resources or its equivalent shall analyze demographic data and

other information obtained through interviews under subsections

(a) and (b) to determine to what extent, if any, the diversity of

those participating in such interviews impacts the results.

(d) T

RACKING

ATA

.—The Department shall—

(1) track demographic data relating to participants in

professional development programs and the rate of placement

into senior positions for participants in such programs;

(2) annually evaluate such data—

(A) to identify ways to improve outreach and recruit-

ment for such programs, consistent with merit system prin-

ciples; and

(B) to understand the extent to which participation

in any professional development program offered or spon-

sored by the Department differs among the demographic

categories of the workforce; and

(3) actively encourage participation from a range of demo-

graphic categories, especially from categories with consistently

low participation, in such professional development programs.

SEC. 5403. RECRUITMENT AND RETENTION.

(a) I

ENERAL

.—The Secretary shall—

(1) continue to seek a diverse and talented pool of

applicants; and

(2) instruct the Director General of the Foreign Service

and the Director of the Bureau of Human Resources of the

Department to have a recruitment plan of action for the recruit-

ment of people belonging to traditionally under-represented

groups, which should include outreach at appropriate colleges,

universities, affinity groups, and professional associations.

(b) S

COPE

.—The diversity recruitment initiatives described in

subsection (a) shall include—

(1) recruiting at women’s colleges, historically Black col-

leges and universities, minority-serving institutions, and other

institutions serving a significant percentage of minority stu-

dents;

(2) placing job advertisements in newspapers, magazines,

and job sites oriented toward diverse groups;

(3) sponsoring and recruiting at job fairs in urban and

rural communities and land-grant colleges or universities;

(4) providing opportunities through highly respected, inter-

national leadership programs, that focus on diversity recruit-

ment and retention;

(5) expanding the use of paid internships; and

(6) cultivating partnerships with organizations dedicated

to the advancement of the profession of international affairs

and national security to advance shared diversity goals.

XPAND

RAINING ON

NTI

HARASSMENT AND

NTI

DISCRIMI

NATION

.—

Plan.

22 USC 2736a.

Evaluation.

Determination.

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135 STAT. 2373 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N GENERAL

.—The Secretary shall, through the Foreign

Service Institute and other educational and training opportuni-

ties—

(A) ensure the provision to all individuals in the

workforce of training on anti-harassment and anti-discrimi-

nation information and policies, including in existing For-

eign Service Institute courses or modules prioritized in

the Department’s Diversity and Inclusion Strategic Plan

for 2016–2020 to promote diversity in Bureau awards or

mitigate unconscious bias;

(B) expand the provision of training on workplace

rights and responsibilities to focus on anti-harassment and

anti-discrimination information and policies, including poli-

cies relating to sexual assault prevention and response;

and

(i) individuals in senior and supervisory positions;

(ii) individuals having responsibilities related to

recruitment, retention, or promotion of employees; and

(iii) any other individual determined by the

Department who needs such training based on analysis

by the Department or OPM analysis.

(2) B

EST PRACTICES

.—The Department shall give special

attention to ensuring the continuous incorporation of research-

based best practices in training provided under this subsection.

SEC. 5404. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.

(a) R

EWARD AND

ECOGNIZE

FFORTS TO

ROMOTE

IVERSITY

AND

NCLUSION

.—

(1) I

N GENERAL

.—The Secretary shall implement perform-

ance and advancement requirements that reward and recognize

the efforts of individuals in senior positions and supervisors

in the Department in fostering an inclusive environment and

cultivating talent consistent with merit system principles, such

as through participation in mentoring programs or sponsorship

initiatives, recruitment events, and other similar opportunities.

(2) O

UTREACH EVENTS

.—The Secretary shall create

opportunities for individuals in senior positions and supervisors

in the Department to participate in outreach events and to

discuss issues relating to diversity and inclusion with the

workforce on a regular basis, including with employee resource

groups.

(b) E

XTERNAL

DVISORY

OMMITTEES AND

OARDS

.—For each

external advisory committee or board to which individuals in senior

positions in the Department appoint members, the Secretary is

strongly encouraged by Congress to ensure such external advisory

committee or board is developed, reviewed, and carried out by

qualified teams that represent the diversity of the organization.

SEC. 5405. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND

TOOLS.

(a) E

XPAND

ROVISION OF

ROFESSIONAL

EVELOPMENT AND

AREER

DVANCEMENT

PPORTUNITIES

.—

(1) I

N GENERAL

.—The Secretary is authorized to expand

professional development opportunities that support the mis-

sion needs of the Department, such as—

(A) academic programs;

(B) private-public exchanges; and

22 USC 2736c.

Requirements.

22 USC 2736b.

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135 STAT. 2374 PUBLIC LAW 117–81—DEC. 27, 2021

(i) private or international organizations;

(ii) State, local, and Tribal governments;

(iii) other branches of the Federal Government;

(iv) professional schools of international affairs.

(2) T

RAINING FOR SENIOR POSITIONS

.—

(A) I

N GENERAL

.—The Secretary shall offer, or sponsor

members of the workforce to participate in, a Senior Execu-

tive Service candidate development program or other pro-

gram that trains members on the skills required for

appointment to senior positions in the Department.

(B) R

EQUIREMENTS

.—In determining which members

of the workforce are granted professional development or

career advancement opportunities under subparagraph (A),

the Secretary shall—

(i) ensure any program offered or sponsored by

the Department under such subparagraph comports

with the requirements of subpart C of part 412 of

title 5, Code of Federal Regulations, or any successor

thereto, including merit staffing and assessment

requirements;

(ii) consider the number of expected vacancies in

senior positions as a factor in determining the number

of candidates to select for such programs;

(iii) understand how participation in any program

offered or sponsored by the Department under such

subparagraph differs by gender, race, national origin,

disability status, or other demographic categories; and

(iv) actively encourage participation from a range

of demographic categories, especially from categories

with consistently low participation.

SEC. 5406. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN

SERVICE.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

the Department should offer both the Foreign Service written exam-

ination and oral assessment in more locations throughout the

United States. Doing so would ease the financial burden on potential

candidates who do not currently reside in and must travel at

their own expense to one of the few locations where these assess-

ments are offered.

(b) F

OREIGN

ERVICE

XAMINATIONS

.—Section 301(b) of the For-

eign Service Act of 1980 (22 U.S.C. 3941) is amended—

(1) by striking ‘‘The Secretary’’ and inserting: ‘‘(1) The

Secretary’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) The Secretary shall ensure that the Board of Examiners

for the Foreign Service annually offers the oral assessment examina-

tions described in paragraph (1) in cities, chosen on a rotating

basis, located in at least three different time zones across the

United States.’’.

SEC. 5407. PAYNE FELLOWSHIP AUTHORIZATION.

(a) I

ENERAL

.—Undergraduate and graduate components of

the Donald M. Payne International Development Fellowship Pro-

gram may conduct outreach to attract outstanding students with

22 USC 2736d.

Determination.

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135 STAT. 2375 PUBLIC LAW 117–81—DEC. 27, 2021

an interest in pursuing a Foreign Service career who represent

diverse ethnic and socioeconomic backgrounds.

(b) R

EVIEW OF

AST

ROGRAMS

.—The Secretary shall review

past programs designed to increase minority representation in inter-

national affairs positions.

SEC. 5408. VOLUNTARY PARTICIPATION.

(a) I

ENERAL

.—Nothing in this title should be construed

so as to compel any employee to participate in the collection of

the data or divulge any personal information. Department

employees shall be informed that their participation in the data

collection contemplated by this title is voluntary.

(b) P

RIVACY

ROTECTION

.—Any data collected under this title

shall be subject to the relevant privacy protection statutes and

regulations applicable to Federal employees.

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 declassifica-

tion.

SEC. 5501. DEFINITIONS.

In this title:

(1) I

NTELLIGENCE COMMUNITY

.—The term ‘‘intelligence

community’’ has the meaning given such term in section 3(4)

of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(2) R

ELEVANT CONGRESSIONAL COMMITTEES

.—The term ‘‘rel-

evant congressional committees’’ means—

(A) the appropriate congressional committees;

(B) the Select Committee on Intelligence of the Senate;

and

of the House of Representatives.

SEC. 5502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.

(a) L

IST OF

OVERED

ONTRACTORS

.—Not later than 30 days

after the date of the enactment of this Act, the Secretary, in

consultation with the Director of National Intelligence and other

appropriate Federal agencies as determined jointly by the Secretary

and the Director of National Intelligence, shall develop or maintain,

as the case may be, and update as frequently as the Secretary

determines appropriate, a list of covered contractors with respect

to which the Department should seek to avoid entering into con-

tracts. Not later than 30 days after the initial development of

the list under this subsection, any update thereto, and annually

thereafter for 5 years after such initial 30 day period, the Secretary

shall submit to the appropriate congressional committees a copy

of such list.

(b) C

OVERED

ONTRACTOR

EFINED

.—In this section, the term

‘‘covered contractor’’ means a provider of telecommunications, tele-

communications equipment, or information technology equipment,

including hardware, software, or services, that has knowingly

assisted or facilitated a cyber attack or conducted surveillance,

including passive or active monitoring, carried out against—

Time periods.

Records.

Deadlines.

Consultation.

Updates.

Contracts.

22 USC 2679e.

22 USC 2736e.

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135 STAT. 2376 PUBLIC LAW 117–81—DEC. 27, 2021

(1) the United States by, or on behalf of, any government,

or persons associated with such government, listed as a cyber

threat actor in the intelligence community’s 2017 assessment

of worldwide threats to United States national security or any

subsequent worldwide threat assessment of the intelligence

community; or

(2) individuals, including activists, journalists, opposition

politicians, or other individuals for the purposes of suppressing

dissent or intimidating critics, on behalf of a country included

in the annual country reports on human rights practices of

the Department for systematic acts of political repression,

including arbitrary arrest or detention, torture, extrajudicial

or politically motivated killing, or other gross violations of

human rights.

SEC. 5503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

all officers and employees of the Department and the United States

Agency for International Development are obligated under chapter

31 of title 44, United States Code (popularly referred to as the

Federal Records Act of 1950), to create and preserve records con-

taining adequate and proper documentation of the organization,

functions, policies, decisions, procedures, and essential transactions

or operations of the Department and United States embassies,

consulates, and missions abroad, including records of official

communications with foreign government officials or other foreign

entities.

(b) C

ERTIFICATION

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary shall submit to the

appropriate congressional committees a certification in unclassified

form that the Secretary has communicated to all Department per-

sonnel, including the Secretary of State and all political appointees,

that such personnel are obligated under chapter 31 of title 44,

United States Code, to treat electronic messaging systems, software,

and applications as equivalent to electronic mail for the purpose

of identifying Federal records.

SEC. 5504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS)

SERIES AND DECLASSIFICATION.

The State Department Basic Authorities Act of 1956 is

amended—

(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by striking

‘‘26’’ and inserting ‘‘20’’; and

(2) in section 404(a)(1) (22 U.S.C. 4354(a)(1), by striking

‘‘30’’and inserting ‘‘25’’.

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.

Public Diplomacy

Modernization

Act of 2021.

Deadline.

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135 STAT. 2377 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 5601. SHORT TITLE.

This title may be cited as the ‘‘Public Diplomacy Modernization

Act of 2021’’.

SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.

The Secretary shall—

(1) identify opportunities for greater efficiency of oper-

ations, including through improved coordination of efforts

across public diplomacy bureaus and offices of the Department;

and

(2) maximize shared use of resources between, and within,

such public diplomacy bureaus and offices in cases in which

programs, facilities, or administrative functions are duplicative

or substantially overlapping.

SEC. 5603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC

DIPLOMACY.

(a) R

ESEARCH AND

VALUATION

CTIVITIES

.—The Secretary,

acting through the Director of Research and Evaluation appointed

pursuant to subsection (b), shall—

(1) conduct regular research and evaluation of public diplo-

macy programs and activities of the Department, including

through the routine use of audience research, digital analytics,

and impact evaluations, to plan and execute such programs

and activities; and

(2) make available to Congress the findings of the research

and evaluations conducted under paragraph (1).

(b) D

IRECTOR OF

ESEARCH AND

VALUATION

.—

(1) A

PPOINTMENT

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary shall appoint a

Director of Research and Evaluation (referred to in this sub-

section as the ‘‘Director’’) in the Office of Policy, Planning,

and Resources for Public Diplomacy and Public Affairs of the

Department.

(2) L

IMITATION ON APPOINTMENT

.—The appointment of the

Director pursuant to paragraph (1) shall not result in an

increase in the overall full-time equivalent positions within

the Department.

(3) R

ESPONSIBILITIES

.—The Director shall—

(A) coordinate and oversee the research and evaluation

of public diplomacy programs and activities of the Depart-

ment in order to—

(i) improve public diplomacy strategies and tactics;

and

(ii) ensure that such programs and activities are

increasing the knowledge, understanding, and trust

of the United States by relevant target audiences;

(B) routinely organize and oversee audience research,

digital analytics, and impact evaluations across all public

diplomacy bureaus and offices of the Department;

affairs sections;

(D) share appropriate public diplomacy research and

evaluation information within the Department and with

other appropriate Federal departments and agencies;

(E) regularly design and coordinate standardized

research questions, methodologies, and procedures to

Deadline.

22 USC 2732b.

22 USC 2732a.

22 USC 2651

note.

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135 STAT. 2378 PUBLIC LAW 117–81—DEC. 27, 2021

ensure that public diplomacy programs and activities across

all public diplomacy bureaus and offices are designed to

meet appropriate foreign policy objectives; and

(F) report biannually to the United States Advisory

Commission on Public Diplomacy, through the Sub-

committee on Research and Evaluation established pursu-

ant to subsection (f), regarding the research and evaluation

of all public diplomacy bureaus and offices.

(4) G

UIDANCE AND TRAINING

.—Not later than 1 year after

the appointment of the Director pursuant to paragraph (1),

the Director shall develop guidance and training, including

curriculum for use by the Foreign Service Institute, for all

public diplomacy officers of the Department regarding the

reading and interpretation of public diplomacy program and

activity evaluation findings to ensure that such findings and

related lessons learned are implemented in the planning and

evaluation of all public diplomacy programs and activities of

the Department.

RIORITIZING

ESEARCH AND

VALUATION

.—

(1) I

N GENERAL

.—The head of the Office of Policy, Planning,

and Resources for Public Diplomacy and Public Affairs of the

Department shall ensure that research and evaluation of public

diplomacy and activities of the Department, as coordinated

and overseen by the Director pursuant to subsection (b), sup-

ports strategic planning and resource allocation across all public

diplomacy bureaus and offices of the Department.

(2) A

LLOCATION OF RESOURCES

.—Amounts allocated for the

purpose of research and evaluation of public diplomacy pro-

grams and activities of the Department pursuant to subsection

(b) shall be made available to be disbursed at the direction

of the Director of Research and Evaluation among the research

and evaluation staff across all public diplomacy bureaus and

offices of the Department.

(3) S

ENSE OF CONGRESS

.—It is the sense of Congress that

the Department should gradually increase its allocation of funds

made available under the headings ‘‘Educational and Cultural

Exchange Programs’’ and ‘‘Diplomatic Programs’’ for research

and evaluation of public diplomacy programs and activities

of the Department pursuant to subsection (b) to a percentage

of program funds that is commensurate with Federal Govern-

ment best practices.

(d) L

IMITED

XEMPTION

ELATING TO THE

APERWORK

EDUC

TION

.—Chapter 35 of title 44, United States Code (commonly

known as the ‘‘Paperwork Reduction Act’’) shall not apply to the

collection of information directed at any individuals conducted by,

or on behalf of, the Department of State for the purpose of audience

research, monitoring, and evaluations, and in connection with the

Department’s activities conducted pursuant to any of the following:

(1) The Mutual Educational and Cultural Exchange Act

of 1961 (22 U.S.C. 2451 et seq.).

(2) Section 1287 of the National Defense Authorization

Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656

note).

(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151

et seq.).

(e) L

IMITED

XEMPTION

ELATING TO THE

RIVACY

.—

Deadline.

Reports.

Time period.

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135 STAT. 2379 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N GENERAL

.—The Department shall maintain, collect,

use, and disseminate records (as such term is defined in section

552a(a)(4) of title 5, United States Code) for audience research,

digital analytics, and impact evaluation of communications

related to public diplomacy efforts intended for foreign

audiences.

(2) C

ONDITIONS

.—Audience research, digital analytics, and

impact evaluations under paragraph (1) shall be—

(A) reasonably tailored to meet the purposes of this

subsection; and

(B) carried out with due regard for privacy and civil

liberties guidance and oversight.

(f) U

NITED

TATES

DVISORY

OMMISSION ON

UBLIC

IPLO

MACY

.—

(1) S

UBCOMMITTEE FOR RESEARCH AND EVALUATION

.—The

United States Advisory Commission on Public Diplomacy shall

establish a Subcommittee on Research and Evaluation to mon-

itor and advise regarding audience research, digital analytics,

and impact evaluations carried out by the Department and

the United States Agency for Global Media.

(2) A

NNUAL REPORT

.—The Subcommittee on Research and

Evaluation established pursuant to paragraph (1) shall submit

to the appropriate congressional committees an annual report,

in conjunction with the United States Advisory Commission

on Public Diplomacy’s Comprehensive Annual Report on the

performance of the Department and the United States Agency

for Global Media, describing all actions taken by the Sub-

committee pursuant to paragraph (1) and any findings made

as a result of such actions.

SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES

ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

Section 1334 of the Foreign Affairs Reform and Restructuring

Act of 1998 (22 U.S.C. 6553) is amended—

(1) in the section heading, by striking ‘‘

SUNSET

’’ and

inserting ‘‘

CONTINUATION

’’; and

(2) by striking ‘‘until October 1, 2021’’.

SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.

(a) W

ORKING

ROUP

STABLISHED

.—Not later than 60 days

after the date of the enactment of this Act, the Secretary shall

establish a working group to explore the possibilities and cost-

benefit analysis of transitioning to a shared services model as

such pertains to human resources, travel, purchasing, budgetary

planning, and all other executive support functions for all bureaus

of the Department that report to the Under Secretary for Public

Diplomacy of the Department.

(b) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to the appropriate

congressional committees a plan to implement any such findings

of the working group established under subsection (a).

SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILI-

TIES.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of State shall adopt,

and include in the Foreign Affairs Manual, guidelines to collect

and utilize information from each diplomatic post at which the

Deadline.

Guidelines.

22 USC 1475g

note.

Deadline.

Plan.

Deadline.

Establishment.

Records.

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135 STAT. 2380 PUBLIC LAW 117–81—DEC. 27, 2021

construction of a new embassy compound or new consulate com-

pound would result in the closure or co-location of an American

Space, American Center, American Corner, or any other public

diplomacy facility under the Secure Embassy Construction and

Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).

(b) R

EQUIREMENTS

.—The guidelines required by subsection (a)

shall include the following:

(1) Standardized notification to each chief of mission at

a diplomatic post describing the requirements of the Secure

Embassy Construction and Counterterrorism Act of 1999 and

the impact on the mission footprint of such requirements.

(2) An assessment and recommendations from each chief

of mission of potential impacts to public diplomacy program-

ming at such diplomatic post if any public diplomacy facility

referred to in subsection (a) is closed or staff is co-located

in accordance with such Act.

(3) A process by which assessments and recommendations

under paragraph (2) are considered by the Secretary and the

appropriate Under Secretaries and Assistant Secretaries of the

Department.

(4) Notification to the appropriate congressional commit-

tees, prior to the initiation of a new embassy compound or

new consulate compound design, of the intent to close any

such public diplomacy facility or co-locate public diplomacy

staff in accordance with such Act.

EPORT

.—Not later than 1 year after the date of the enact-

ment of this Act, the Secretary shall submit to the appropriate

congressional committees a report containing the guidelines

required under subsection (a) and any recommendations for any

modifications to such guidelines.

SEC. 5607. DEFINITIONS.

In this title:

(1) A

UDIENCE RESEARCH

.—The term ‘‘audience research’’

means research conducted at the outset of a public diplomacy

program or the outset of campaign planning and design

regarding specific audience segments to understand the atti-

tudes, interests, knowledge, and behaviors of such audience

segments.

(2) D

IGITAL ANALYTICS

.—The term ‘‘digital analytics’’ means

the analysis of qualitative and quantitative data, accumulated

in digital format, to indicate the outputs and outcomes of a

public diplomacy program or campaign.

(3) I

MPACT EVALUATION

.—The term ‘‘impact evaluation’’

means an assessment of the changes in the audience targeted

by a public diplomacy program or campaign that can be attrib-

uted to such program or campaign.

(4) P

UBLIC DIPLOMACY BUREAUS AND OFFICES

.—The term

‘‘public diplomacy bureaus and offices’’ means, with respect

to the Department, the following:

(A) The Bureau of Educational and Cultural Affairs.

(B) The Bureau of Global Public Affairs.

Public Diplomacy and Public Affairs.

(D) The Global Engagement Center.

(E) The public diplomacy functions within the regional

and functional bureaus.

22 USC 2732a

note.

Recommenda-

tions.

Assessment.

Recommenda-

tions.

Notifications.

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135 STAT. 2381 PUBLIC LAW 117–81—DEC. 27, 2021

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.

SEC. 5701. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.

Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C.

2370(q)) is amended—

(1) by striking ‘‘No assistance’’ and inserting the following:

‘‘(1) No assistance’’;

(2) by inserting ‘‘the government of’’ before ‘‘any country’’;

(3) by inserting ‘‘the government of’’ before ‘‘such country’’

each place it appears;

(4) by striking ‘‘determines’’ and all that follows and

inserting ‘‘determines, after consultation with the Committee

on Foreign Affairs and the Committee on Appropriations of

the House of Representatives and the Committee on Foreign

Relations and the Committee on Appropriations of the Senate,

that assistance for such country is in the national interest

of the United States.’’; and

(5) by adding at the end the following new paragraph:

‘‘(2) No assistance shall be furnished under this Act, the

Peace Corps Act, the Millennium Challenge Act of 2003, the

African Development Foundation Act, the BUILD Act of 2018,

section 504 of the FREEDOM Support Act, or section 23 of

the Arms Export Control Act to the government of any country

which is in default during a period in excess of 1 calendar

year in payment to the United States of principal or interest

or any loan made to the government of such country by the

United States unless the President determines, following con-

sultation with the congressional committees specified in para-

graph (1), that assistance for such country is in the national

interest of the United States.’’.

SEC. 5702. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVEN-

TION AND RETURN ACT OF 2014 AMENDMENT.

Subsection (b) of section 101 of the Sean and David Goldman

International Child Abduction Prevention and Return Act of 2014

(22 U.S.C. 9111; Public Law 113–150) is amended—

(1) in paragraph (2)—

(A) in subparagraph (A)—

(i) by inserting ‘‘, respectively,’’ after ‘‘access cases’’;

and

(ii) by inserting ‘‘and the number of children

involved’’ before the semicolon at the end; and

(B) in subparagraph (D), by inserting ‘‘respectively,

the number of children involved,’’ after ‘‘access cases,’’;

(2) in paragraph (7), by inserting ‘‘, and number of children

involved in such cases’’ before the semicolon at the end;

(3) in paragraph (8), by striking ‘‘and’’ after the semicolon

at the end;

(4) in paragraph (9), by striking the period at the end

and inserting ‘‘; and’’; and

(5) by adding at the end the following new paragraph:

Time period.

President.

Determination.

Consultation.

Determination.

Consultation.

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135 STAT. 2382 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(10) the total number of pending cases the Department

of State has assigned to case officers and number of children

involved for each country and as a total for all countries.’’.

SEC. 5703. CHIEF OF MISSION CONCURRENCE.

In the course of a chief of mission providing concurrence to

the exercise of the authority pursuant to section 127e of title 10,

United States Code, or section 1202 of the National Defense

Authorization Act for Fiscal Year 2018—

(1) each relevant chief of mission shall inform and consult

in a timely manner with relevant individuals at relevant mis-

sions or bureaus of the Department of State; and

(2) the Secretary of State shall take such steps as may

be necessary to ensure that such relevant individuals have

the security clearances necessary and access to relevant

compartmented and special programs to so consult in a timely

manner with respect to such concurrence.

SEC. 5704. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRI-

ATION TASK FORCE.

Not later than 90 days after the date of the enactment of

this Act, the Secretary of State shall submit to the appropriate

congressional committees, the Committee on Armed Services of

the House of Representatives, and the Committee on Armed Serv-

ices of the Senate a report evaluating the efforts of the Coronavirus

Repatriation Task Force of the Department of State to repatriate

United States citizens and legal permanent residents in response

to the 2020 coronavirus outbreak. The report shall identify—

(1) the most significant impediments to repatriating such

persons;

(2) the lessons learned from such repatriations; and

(3) any changes planned to future repatriation efforts of

the Department of State to incorporate such lessons learned.

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 mem-

bers to evaluate the legal and financial terms of sovereign debt con-

tracts.

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 assist-

ance with respect to advanced wireless technologies.

Sec. 6106. Illicit finance improvements.

Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy

Act.

SEC. 6101. FINCEN EXCHANGE.

Section 310(d) of title 31, United States Code, is amended—

(1) in paragraph (2), by inserting ‘‘other relevant private

sector entities,’’ after ‘‘financial institutions,’’;

10 USC 127e

note.

Consultation.

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135 STAT. 2383 PUBLIC LAW 117–81—DEC. 27, 2021

(2) in paragraph (3)(A)(i)(II), by inserting ‘‘and other rel-

evant private sector entities’’ after ‘‘financial institutions’’; and

(3) in paragraph (5)—

(A) in subparagraph (A), by inserting ‘‘or other relevant

private sector entity’’ after ‘‘financial institution’’; and

(B) in subparagraph (B)—

(i) by striking ‘‘Information’’ and inserting the fol-

lowing:

‘‘(i) U

SE BY FINANCIAL INSTITUTIONS

.—Informa-

tion’’; and

(ii) by adding at the end the following:

‘‘(ii) U

SE BY OTHER RELEVANT PRIVATE SECTOR ENTI

TIES

.—Information received by a relevant private sector

entity that is not a financial institution pursuant to

this section shall not be used for any purpose other

than assisting a financial institution in identifying and

reporting on activities that may involve the financing

of terrorism, money laundering, proliferation financing,

or other financial crimes, or in assisting FinCEN or

another agency of the Federal Government in miti-

gating the risk of the financing of terrorism, money

laundering, proliferation financing, or other criminal

activities.’’.

SEC. 6102. ADVERSE INFORMATION IN CASES OF TRAFFICKING.

(a) I

ENERAL

.—The Fair Credit Reporting Act (15 U.S.C.

1681 et seq.) is amended by inserting after section 605B the fol-

lowing:

‘‘§ 605C. Adverse information in cases of trafficking

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) T

RAFFICKING DOCUMENTATION

.—The term ‘trafficking

documentation’ means—

‘‘(A) documentation of—

‘‘(i) a determination that a consumer is a victim

of trafficking made by a Federal, State, or Tribal

governmental entity; or

‘‘(ii) by a court of competent jurisdiction; and

‘‘(B) documentation that identifies items of adverse

information that should not be furnished by a consumer

reporting agency because the items resulted from a severe

form of trafficking in persons or sex trafficking of which

the consumer is a victim.

‘‘(2) T

RAFFICKING VICTIMS PROTECTION ACT OF 2000 DEFINI

TIONS

.—The terms ‘severe forms of trafficking in persons’ and

‘sex trafficking’ have the meanings given, respectively, in sec-

tion 103 of the Trafficking Victims Protection Act of 2000

(22 U.S.C. 7102).

‘‘(3) V

ICTIM OF TRAFFICKING

.—The term ‘victim of traf-

ficking’ means a person who is a victim of a severe form

of trafficking in persons or sex trafficking.

‘‘(b) A

DVERSE

NFORMATION

.—A consumer reporting agency may

not furnish a consumer report containing any adverse item of

information about a consumer that resulted from a severe form

of trafficking in persons or sex trafficking if the consumer has

provided trafficking documentation to the consumer reporting

agency.

15 USC 1681c–3.

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135 STAT. 2384 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(c) R

ULEMAKING

.—

‘‘(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this section, the Director shall issue rules

to implement subsection (a).

‘‘(2) C

ONTENTS

.—The rules issued pursuant to paragraph

(1) shall establish a method by which consumers shall submit

trafficking documentation to consumer reporting agencies.’’.

(b) T

ABLE OF

ONTENTS

MENDMENT

.—The table of contents

of the Fair Credit Reporting Act is amended by inserting after

the item relating to section 605B the following:

‘‘605C. Adverse information in cases of trafficking.’’.

PPLICATION

.—The amendments made by this section shall

apply on the date that is 30 days after the date on which the

Director of the Bureau of Consumer Financial Protection issues

a rule pursuant to section 605C(c) of the Fair Credit Reporting

Act, as added by subsection (a) of this section. Any rule issued

by the Director to implement such section 605C shall be limited

to preventing a consumer reporting agency from furnishing a con-

sumer report containing any adverse item of information about

a consumer (as such terms are defined, respectively, in section

603 the Fair Credit Reporting Act (15 U.S.C. 1681a)) that resulted

from trafficking.

SEC. 6103. SUPPORT TO ENHANCE THE CAPACITY OF INTERNATIONAL

MONETARY FUND MEMBERS TO EVALUATE THE LEGAL

AND FINANCIAL TERMS OF SOVEREIGN DEBT CON-

TRACTS.

(a) I

ENERAL

.—Title XVI of the International Financial

Institutions Act (22 U.S.C. 262p et seq.) is amended by adding

at the end the following:

‘‘SEC. 1630. SUPPORT TO ENHANCE THE CAPACITY OF FUND MEMBERS

TO EVALUATE THE LEGAL AND FINANCIAL TERMS OF

SOVEREIGN DEBT CONTRACTS.

‘‘The Secretary of the Treasury shall instruct the United States

Executive Director at the International Monetary Fund to use the

voice and vote of the United States to advocate that the Fund

promote international standards and best practices with respect

to sovereign debt contracts and provide technical assistance to

Fund members, and in particular to lower middle-income countries

and countries eligible to receive assistance from the International

Development Association, seeking to enhance their capacity to

evaluate the legal and financial terms of sovereign debt contracts

with multilateral, bilateral, and private sector creditors.’’.

(b) R

EPORT TO THE

ONGRESS

.—Within 1 year after the date

of the enactment of this Act, and annually thereafter for the next

4 years, the Secretary of the Treasury shall report to the Committee

on Financial Services of the House of Representatives and the

Committee on Foreign Relations of the Senate on—

(1) the activities of the International Monetary Fund in

the then most recently completed fiscal year to provide technical

assistance described in section 1630 of the International Finan-

cial Institutions Act (as added by this section), including the

ability of the Fund to meet the demand for the assistance;

and

Time period.

22 USC 262p–14.

Effective date.

15 USC 1681c–3

note.

Deadline.

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135 STAT. 2385 PUBLIC LAW 117–81—DEC. 27, 2021

(2) the efficacy of efforts by the United States to achieve

the policy goal described in such section and any further actions

that should be taken, if necessary, to implement that goal.

UNSET

.—The amendment made by subsection (a) shall have

no force or effect after the 5-year period that begins with the

date of the enactment of this Act.

SEC. 6104. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL

MONETARY FUND, THE WORLD BANK GROUP, AND THE

ASIAN DEVELOPMENT BANK.

(a) S

ENSE OF THE

ONGRESS

.—It is the sense of the Congress

that the United States should not support the recognition of, or

dealing with, the State Administration Council, or any successor

entity controlled by the military, as the government of Burma

for the purpose of the provision of any loan or financial assistance

by the International Monetary Fund, the World Bank Group, or

the Asian Development Bank, except for humanitarian assistance

channeled through an implementing agency not controlled by the

Burmese military.

(b) P

OLICY

.—Title XVI of the International Financial Institu-

tions Act (22 U.S.C. 262p et seq.), as amended by section 6103,

is further amended by adding at the end the following:

‘‘SEC. 1631. UNITED STATES POLICY ON BURMA AT THE INTER-

NATIONAL MONETARY FUND, THE WORLD BANK GROUP,

AND THE ASIAN DEVELOPMENT BANK.

‘‘(a) P

OLICY OF THE

NITED

TATES

.—The Secretary of Treasury

shall instruct the United States Executive Directors at the Inter-

national Monetary Fund, the World Bank Group, and the Asian

Development Bank to inform the respective institution that it is

the policy of the United States to oppose, and to use the voice

and vote of the United States to vote against, any loan or financial

assistance to Burma through the State Administration Council,

or any successor entity controlled by the military, except for

humanitarian assistance channeled through an implementing

agency not controlled by the Burmese military.

‘‘(b) S

UBMISSION OF

RITTEN

TATEMENTS

.—No later than 60

calendar days after a meeting of the Board of Directors of the

World Bank Group or the Asian Development Bank, the Secretary

of the Treasury shall submit to the Committee on Financial Services

of the House of Representatives and the Committee on Foreign

Relations of the Senate any written statement presented at the

meeting by the United States Executive Director concerning the

United States policy described in subsection (a) or the United States

position on any strategy, policy, loan, extension of financial assist-

ance, or technical assistance related to Burma considered by the

Board.

‘‘(c) W

AIVER

.—The President of the United States may waive

the application of subsection (a) on a case-by-case basis upon certi-

fying to the Committee on Financial Services of the House of

Representatives and the Committee on Foreign Relations of the

Senate that the waiver—

‘‘(1) substantially promotes the objective of delivering

humanitarian assistance to the civilian population of Burma,

including a detailed explanation as to the need for such a

waiver, the nature of the humanitarian assistance, the mecha-

nisms through which such assistance will be delivered, and

Certification.

Deadline.

22 USC 262p–15.

Time period.

22 USC 262p–14

note.

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135 STAT. 2386 PUBLIC LAW 117–81—DEC. 27, 2021

the oversight safeguards that will accompany such assistance;

‘‘(2) is otherwise in the national interest of the United

States, with a detailed explanation of the reasons therefor.

‘‘(d) W

ORLD

ANK

ROUP

EFINED

.—In this section, the term

‘World Bank Group’ means the International Bank for Reconstruc-

tion and Development, the International Development Association,

the International Finance Corporation, and the Multilateral Invest-

ment Guarantee Agency.’’.

UNSET

.—Section 1631 of the International Financial

Institutions Act, as added by subsection (b), is repealed on the

earlier of—

(1) the date the President of the United States submits

to the Committee on Financial Services of the House of Rep-

resentatives and the Committee on Foreign Relations of the

Senate a certification that—

(A) the Burmese military has released all political pris-

oners;

(B) an elected government has been instated following

free and fair elections; and

sion of multilateral assistance are fully under civilian con-

trol; or

(2) the date that is 10 years after the date of the enactment

of this Act.

SEC. 6105. UNITED STATES POLICY REGARDING INTERNATIONAL

FINANCIAL INSTITUTION ASSISTANCE WITH RESPECT TO

ADVANCED WIRELESS TECHNOLOGIES.

(a) I

ENERAL

.—The Secretary of the Treasury (in this section

referred to as the ‘‘Secretary’’) shall instruct the United States

Executive Director at each international financial institution (as

defined in section 1701(c)(2) of the International Financial Institu-

tions Act (22 U.S.C. 262r(c)(2))) that it is the policy of the United

States to—

(1) support assistance by the institution with respect to

advanced wireless technologies (such as 5th generation wireless

technology for digital cellular networks and related tech-

nologies) only if the technologies provide appropriate security

for users;

(2) proactively encourage assistance with respect to infra-

structure or policy reforms that facilitate the use of secure

advanced wireless technologies; and

(3) cooperate, to the maximum extent practicable, with

member states of the institution, particularly with United

States allies and partners, in order to strengthen international

support for such technologies.

(b) W

AIVER

UTHORITY

.—The Secretary may waive subsection

(a) on a case-by-case basis, on reporting to the Committee on

Financial Services of the House of Representatives and the Com-

mittee on Foreign Relations of the Senate that the waiver—

(1) will allow the United States to effectively promote the

objectives of the policy described in subsection (a); or

(2) is in the national interest of the United States, with

an explanation of the reasons therefor.

ROGRESS

EPORT

.—The Chairman of the National Advisory

Council on International Monetary and Financial Policies shall

Reports.

22 USC 261 note

prec.

President.

Certification.

Repeal.

22 USC 262p–15

note.

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135 STAT. 2387 PUBLIC LAW 117–81—DEC. 27, 2021

include in the annual report required by section 1701 of the Inter-

national Financial Institutions Act (22 U.S.C. 262r) a description

of progress made toward advancing the policy described in sub-

section (a) of this section.

(d) S

UNSET

.—The preceding provisions of this section shall have

no force or effect after the earlier of—

(1) the date that is 7 years after the date of the enactment

of this Act; or

(2) the date that the Secretary reports to the committees

specified in subsection (b) that terminating the effectiveness

of the provisions is important to the national interest of the

United States, with a detailed explanation of the reasons

therefor.

SEC. 6106. ILLICIT FINANCE IMPROVEMENTS.

(a) S

COPE OF THE

EETINGS OF THE

UPERVISORY

EAM ON

OUNTERING

LLICIT

INANCE

.—Section 6214(b) of the William M.

(Mac) Thornberry National Defense Authorization Act for Fiscal

Year 2021 (31 U.S.C. 5311 note) is amended by striking ‘‘to combat

the risk relating to proliferation financing’’ and inserting ‘‘for the

purposes of countering illicit finance, including proliferation finance

and sanctions evasion’’.

(b) C

OMBATING

USSIAN

ONEY

AUNDERING

.—Section 9714

of the Combating Russian Money Laundering Act (Public Law 116–

283) is amended—

(1) by redesignating subsections (b) and (c) as subsections

(f) and (g), respectively; and

(2) by inserting after subsection (a) the following:

‘‘(b) C

LASSIFIED

NFORMATION

.—In any judicial review of a

finding of the existence of a primary money laundering concern,

or of the requirement for 1 or more special measures with respect

to a primary money laundering concern made under this section,

if the designation or imposition, or both, were based on classified

information (as defined in section 1(a) of the Classified Information

Procedures Act (18 U.S.C. App.), such information may be submitted

by the Secretary to the reviewing court ex parte and in camera.

This subsection does not confer or imply any right to judicial review

of any finding made or any requirement imposed under this section.

‘‘(c) A

VAILABILITY OF

NFORMATION

.—The exemptions from, and

prohibitions on, search and disclosure provided in section 5319

of title 31, United States Code, shall apply to any report or record

of report filed pursuant to a requirement imposed under subsection

(a) of this section. For purposes of section 552 of title 5, United

States Code, this subsection shall be considered a statute described

in subsection (b)(3)(B) of that section.

‘‘(d) P

ENALTIES

.—The penalties provided for in sections 5321

and 5322 of title 31, United States Code, that apply to violations

of special measures imposed under section 5318A of title 31, United

States Code, shall apply to violations of any order, regulation,

special measure, or other requirement imposed under subsection

(a) of this section, in the same manner and to the same extent

as described in sections 5321 and 5322.

‘‘(e) I

NJUNCTIONS

.—The Secretary of the Treasury may bring

a civil action to enjoin a violation of any order, regulation, special

measure, or other requirement imposed under subsection (a) of

this section in the same manner and to the same extent as described

in section 5320 of title 31, United States Code.’’.

Applicability.

Courts.

31 USC 5318A.

134 Stat. 4839.

Reports.

Time period.

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135 STAT. 2388 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 6107. BRIEFING ON DELEGATION OF EXAMINATION AUTHORITY

UNDER THE BANK SECRECY ACT.

(a) I

ENERAL

.—Not later than one year after the date of

the enactment of this Act, the Secretary of the Treasury shall,

after consultation with State bank supervisors, Federal financial

regulators, and other relevant stakeholders, conduct a briefing for

the Committee on Financial Services of the House of Representa-

tives and the Committee on Banking, Housing, and Urban Affairs

of the Senate with respect to the delegation of examination

authority under the Bank Secrecy Act by the Secretary of the

Treasury.

(b) C

ONTENTS

.—The briefing conducted by the Secretary of

the Treasury pursuant to subsection (a) shall address—

(1) the current status of the delegation of examination

authority under the Bank Secrecy Act by the Secretary of

the Treasury, including with respect to the mission of the

Bank Secrecy Act;

(2) how frequently, on average, agencies delegated exam

authority under the Bank Secrecy Act by the Secretary are

able to examine entities for which they have delegated authori-

ties;

(3) whether agencies delegated examination authority

under the Bank Secrecy Act by the Secretary of the Treasury

have appropriate resources to perform such delegated respon-

sibilities; and

(4) whether the examiners within agencies delegated exam-

ination authority under the Bank Secrecy Act by the Secretary

of the Treasury have sufficient training and support to perform

delegated responsibilities.

EFINITIONS

.—In this section:

(1) B

ANK SECRECY ACT

.—The term ‘‘Bank Secrecy Act’’

means—

(A) section 21 of the Federal Deposit Insurance Act

(12 U.S.C. 1829b);

(B) section 123 of Public Law 91–508; and

States Code.

(2) F

EDERAL FINANCIAL REGULATORS

.—The term ‘‘Federal

financial regulators’’ means the Board of Governors of the Fed-

eral Reserve System, the Federal Deposit Insurance Corpora-

tion, the National Credit Union Administration Board, the

Comptroller of the Currency, the Commodity Futures Trading

Commission, the Securities and Exchange Commission, and

the Commissioner of the Internal Revenue Service.

(3) S

TATE BANK SUPERVISORS

.—The term ‘‘State bank super-

visors’’ has the meaning given the term in section 3 of the

Federal Deposit Insurance Act (12 U.S.C. 1813).

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.

Foreign Service

Families Act

of 2021.

Deadline.

Consultation.

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135 STAT. 2389 PUBLIC LAW 117–81—DEC. 27, 2021

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.

SECTION 6201. SHORT TITLE.

This title may be cited as the ‘‘Foreign Service Families Act

of 2021’’.

SEC. 6202. TELECOMMUTING OPPORTUNITIES.

(a) DETO P

OLICY

.—

(1) I

N GENERAL

.—Each Federal department and agency

shall establish a policy enumerating the circumstances under

which employees may be permitted to temporarily perform

work requirements and duties from approved overseas locations

where there is a related Foreign Service assignment pursuant

to an approved Domestically Employed Teleworking Overseas

(DETO) agreement, consistent with the requirements under

section 6502 of title 5, United States code (relating to the

executive agencies telework requirements), as amended by

paragraph (2), and DETO requirements, as set forth in the

Foreign Affairs Manual and Foreign Affairs Handbook of the

Department of State.

(2) A

MENDMENT

.—Section 6502(b) of title 5, United States

Code, is amended—

(A) in paragraph (4)(B), by striking ‘‘and’’ after the

semicolon;

(B) in paragraph 5, by striking the period at the end

and inserting ‘‘; and’’ ; and

‘‘(6) enumerate the circumstances under which employees

may be permitted to temporarily perform work requirements

and duties from approved overseas locations, provided that,

except in emergency situations as determined by the head

of the agency, such circumstances shall not include a situation

in which an employee’s official duties require on at least a

monthly basis the direct handling of secure materials deter-

mined to be inappropriate for telework by the agency head.’’.

(b) A

CCESS TO

ICASS S

YSTEM

.—Not later than 90 days after

the date of the enactment of this Act, the Secretary of State shall

revise chapter 900 of volume 6 of the Foreign Affairs Manual,

the International Cooperative Administrative Support Services

Handbook, the Personnel Operations Handbook, and any other rel-

evant regulations to allow each Federal agency that has enacted

a policy under subsection (a) to have access to the International

Cooperative Administrative Support Services (ICASS) system.

SEC. 6203. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE

FAMILY MEMBERS OF MEMBERS OF THE FOREIGN

SERVICE.

Section 706(b) of the Foreign Service Act of 1980 (22 U.S.C.

4026(b)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘The Secretary may facilitate the

employment of spouses of members of the Foreign Service

by—’’ and inserting ‘‘The Secretary shall implement such

measures as the Secretary considers necessary to facilitate

Deadline.

Revision.

Regulations.

5 USC 6502 note.

5 USC 101 note.

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135 STAT. 2390 PUBLIC LAW 117–81—DEC. 27, 2021

the employment of spouses and members of the Service.

The measures may include—’’;

(B) by redesignating subparagraph (C) as subpara-

graph (D); and

‘‘(C) establishing a program for assisting eligible family

members in accessing employment and education

opportunities, as appropriate, including by exercising the

authorities, in relevant part, under sections 1784 and 1784a

of title 10, United States Code, and subject to such regula-

tions as the Secretary may prescribe modeled after those

prescribed pursuant to subsection (b) of such section 1784;’’;

(2) by redesignating paragraph (2) as paragraph (6);

(3) by inserting after paragraph (1) the following new para-

graphs:

‘‘(2) The Secretary may prescribe regulations—

‘‘(A) to provide preference to eligible family members

in hiring for any civilian position in the Department, not-

withstanding the prohibition on marital discrimination

found in 5 U.S.C. 2302(b)(1)(E), if —

‘‘(i) the eligible family member is among persons

determined to be best qualified for the position; and

‘‘(ii) the position is located in the overseas country

of assignment of their sponsoring employee;

‘‘(B) to ensure that notice of any vacant position in

the Department is provided in a manner reasonably

designed to reach eligible family members of sponsoring

employees whose permanent duty stations are in the same

country as that in which the position is located; and

‘‘(C) to ensure that an eligible family member who

applies for a vacant position in the Department shall, to

the extent practicable, be considered for any such position

located in the same country as the permanent duty station

of their sponsoring employee.

‘‘(3) Nothing in this section may be construed to provide

an eligible family member with entitlement or preference in

hiring over an individual who is preference eligible.

‘‘(4) Under regulations prescribed by the Secretary, a chief

of mission may, consistent with all applicable laws and regula-

tions pertaining to the ICASS system, make available to an

eligible family member and a non-Department entity space

in an embassy or consulate for the purpose of the non-Depart-

ment entity providing employment-related training for eligible

family members.

‘‘(5) The Secretary may work with the Director of the

Office of Personnel Management and the heads of other Federal

departments and agencies to expand and facilitate the use

of existing Federal programs and resources in support of eligible

family member employment.’’; and

(4) by adding after paragraph (6), as redesignated by para-

graph (2) of this subsection, the following new paragraph:

‘‘(7) In this subsection, the term ‘eligible family member’ refers

to family members of government employees assigned abroad or

hired for service at their post of residence who are appointed

by the Secretary of State or the Administrator of the United States

Agency for International Development pursuant to sections 102,

202, 303, and 311.’’.

Definition.

Notice.

Regulations.

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135 STAT. 2391 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 6204. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS.

(a) I

ENERAL

.—Not later than 120 days after the date of

the enactment of this Act, the Secretary of State shall brief the

appropriate congressional committees on the status of implementa-

tion of the Foreign Service Family Reserve Corps.

(b) E

LEMENTS

.—The briefing required under subsection (a) shall

include the following elements:

(1) A description of the status of implementation of the

Foreign Service Family Reserve Corps (FSFRC).

(2) An assessment of the extent to which implementation

was impacted by the Department’s hiring freeze and a detailed

explanation of the effect of any such impacts.

(3) A description of the status of implementation of a hiring

preference for the FSFRC.

(4) A detailed accounting of any individuals eligible for

membership in the FSFRC who were unable to begin working

at a new location as a result of being unable to transfer their

security clearance, including an assessment of whether they

would have been able to port their clearance as a member

of the FSFRC if the program had been fully implemented.

(5) An estimate of the number of individuals who are

eligible to join the FSFRC worldwide and the categories, as

detailed in the Under Secretary for Management’s guidance

dated May 3, 2016, under which those individuals would enroll.

(6) An estimate of the number of individuals who are

enrolled in the FSFRC worldwide and the categories, as detailed

in the Under Secretary for Management’s guidance dated May

3, 2016, under which those individuals enrolled.

(7) An estimate of the number of individuals who were

enrolled in each phase of the implementation of the FSFRC

as detailed in guidance issued by the Under Secretary for

Management.

(8) An estimate of the number of individuals enrolled in

the FSFRC who have successfully transferred a security clear-

ance to a new post since implementation of the program began.

(9) An estimate of the number of individuals enrolled in

the FSFRC who have been unable to successfully transfer a

security clearance to a new post since implementation of the

program began.

(10) An estimate of the number of individuals who have

declined in writing to apply to the FSFRC.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Foreign Relations and the Committee

on Appropriations of the Senate; and

(2) the Committee on Foreign Affairs and the Committee

on Appropriations of the House of Representatives.

SEC. 6205. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS

CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS

OR FOREIGN NATIONAL EMPLOYEES.

Section 311 of the Foreign Service Act of 1980 (22 U.S.C.

3951) is amended by adding at the end the following:

‘‘(e) The Secretary shall hold a family member of a government

employee described in subsection (a) seeking employment in a posi-

tion described in that subsection to the same employment standards

Assessment.

Estimates.

Deadline.

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135 STAT. 2392 PUBLIC LAW 117–81—DEC. 27, 2021

as those applicable to Foreign Service officers, Foreign Service

personnel, or foreign national employees seeking the same or a

substantially similar position.’’.

SEC. 6206. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING

FEDERAL SERVICE.

(a) I

ENERAL

.—Section 135 of the Higher Education Act

of 1965 (20 U.S.C. 1015d) is amended—

(1) in the section heading, by striking ‘‘

THE ARMED FORCES

ON ACTIVE DUTY

SPOUSES

AND DEPENDENT CHILDREN

’’ and

inserting ‘‘

QUALIFYING FEDERAL SERVICE

’’;

(2) in subsection (a), by striking ‘‘member of the armed

forces who is on active duty for a period of more than 30

days and’’ and inserting ‘‘member of a qualifying Federal

service’’;

(3) in subsection (b), by striking ‘‘member of the armed

forces’’ and inserting ‘‘member of a qualifying Federal service’’;

and

(4) by striking subsection (d) and inserting the following:

‘‘(d) D

EFINITIONS

.—In this section, the term ‘member of a quali-

fying Federal service’ means—

‘‘(1) a member of the armed forces (as defined in section

101 of title 10, United States Code) who is on active duty

for a period of more than 30 days (as defined in section 101

of title 10, United States Code); or

‘‘(2) a member of the Foreign Service (as defined in section

103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) who

is on active duty for a period of more than 30 days.’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall take effect at each public institution of higher education

in a State that receives assistance under the Higher Education

Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment

at such institution that begins after July 1, 2024.

SEC. 6207. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE

LEASES AND TELEPHONE SERVICE CONTRACTS FOR CER-

TAIN MEMBERS OF THE FOREIGN SERVICE.

(a) I

ENERAL

.—Chapter 9 of title I of the Foreign Service

Act of 1980 (22 U.S.C. 4081 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE

LEASES AND TELEPHONE SERVICE CONTRACTS.

‘‘The terms governing the termination of residential or motor

vehicle leases and telephone service contracts described in sections

305 and 305A, respectively, of the Servicemembers Civil Relief

Act (50 U.S.C. 3955 and 3956) with respect to servicemembers

who receive military orders described in such Act shall apply in

the same manner and to the same extent to members of the Service

who are posted abroad at a Foreign Service post in accordance

with this Act.’’.

Applicability.

22 USC 4087.

20 USC 1015d

note.

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135 STAT. 2393 PUBLIC LAW 117–81—DEC. 27, 2021

(b) C

LERICAL

MENDMENT

.—The table of contents in section

2 of the Foreign Service Act of 1980 is amended by inserting

after the item relating to section 906 the following new item:

‘‘Sec. 907. Termination of residential or motor vehicle leases and telephone service

contracts.’’.

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.

Sec. 6304. Stipends.

Sec. 6305. Scholarship and research internship conditions.

Sec. 6306. Sustainable investments of funds.

Sec. 6307. Administrative provisions.

SEC. 6301. SHORT TITLE.

This title may be cited as the ‘‘Barry Goldwater Scholarship

and Excellence in Education Modernization Act of 2021’’.

SEC. 6302. CLARIFYING AMENDMENTS TO DEFINITIONS.

Section 1403 of the Barry Goldwater Scholarship and Excellence

in Education Act (20 U.S.C. 4702) is amended—

(1) by striking paragraph (5) and inserting the following

new paragraph (5):

‘‘(5) The term ‘State’ means each of the 50 States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

the United States Virgin Islands, American Samoa, the

Commonwealth of the Northern Mariana Islands, the Republic

of the Marshall Islands, the Federated States of Micronesia,

the Republic of Palau, and any other territory or possession

of the United States.’’; and

(2) by striking paragraph (6), by inserting the following

new paragraph (6):

‘‘(6) The term ‘eligible person’ means—

‘‘(A) a permanent resident alien of the United States;

‘‘(B) a citizen or national of the United States;

‘‘(C) a citizen of the Republic of the Marshall Islands,

the Federal States of Micronesia, or the Republic of Palau;

‘‘(D) any person who may be admitted to lawfully

engage in occupations and establish residence as a non-

immigrant in the United States as permitted under the

Compact of Free Association agreements with the Republic

of the Marshall Islands, the Federal States of Micronesia,

or the Republic of Palau.’’.

SEC. 6303. BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN

EDUCATION AWARDS.

(a) A

WARD OF

CHOLARSHIPS

, F

ELLOWSHIPS

AND

ESEARCH

NTERNSHIPS

.—Section 1405(a) of the Barry Goldwater Scholarship

and Excellence in Education Act (20 U.S.C. 4704(a)) is amended—

(1) in the subsection heading, by striking ‘‘A

WARD OF

CHOLARSHIPS AND

ELLOWSHIPS

’’ and inserting ‘‘A

WARD OF

CHOLARSHIPS

, F

ELLOWSHIPS

AND

ESEARCH

NTERNSHIPS

’’;

20 USC 4701

note.

Barry Goldwater

Scholarship and

Excellence in

Education

Modernization

Act of 2021.

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135 STAT. 2394 PUBLIC LAW 117–81—DEC. 27, 2021

(2) in paragraph (1)—

(A) by striking ‘‘scholarships and fellowships’’ and

inserting ‘‘scholarships, fellowships, and research intern-

ships’’; and

(B) by striking ‘‘science and mathematics’’ and

inserting ‘‘the natural sciences, engineering, and mathe-

matics’’;

(3) in paragraph (2), by striking ‘‘mathematics and the

natural sciences’’ and inserting ‘‘the natural sciences,

engineering, and mathematics, which shall be prioritized for

students attending community colleges and minority-serving

institutions specified in section 371(a) of the Higher Education

Act of 1965 (20 U.S.C. 1067q(a))’’;

(4) in paragraph (3), by striking ‘‘mathematics and the

natural sciences’’ and inserting ‘‘the natural sciences,

engineering, and mathematics’’;

(5) by redesignating paragraph (4) as paragraph (5);

(6) in paragraph (5), as so redesignated, by striking ‘‘schol-

arships and fellowships’’ and inserting ‘‘scholarships, fellow-

ships, and research internships’’; and

(7) by inserting after paragraph (3) the following:

‘‘(4) Research internships shall be awarded to outstanding

undergraduate students who intend to pursue careers in the

natural sciences, engineering, and mathematics, which shall

be prioritized for students attending community colleges and

minority-serving institutions specified in section 371(a) of the

Higher Education Act of 1965 (20 U.S.C. 1067q(a)).’’.

(b) B

ARRY

OLDWATER

CHOLARS AND

ESEARCH

NTERNS

.—

Section 1405(b) of the Barry Goldwater Scholarship and Excellence

in Education Act (20 U.S.C. 4704(b)) is amended—

(1) in the subsection heading, by adding ‘‘

AND

ESEARCH

NTERNS

’’ after ‘‘S

CHOLARS

’’; and

(2) by adding at the end the following new sentence:

‘‘Recipients of research internships under this title shall be

known as ‘Barry Goldwater Interns’.’’.

SEC. 6304. STIPENDS.

Section 1406 of the Barry Goldwater Scholarship and Excellence

in Education Act (20 U.S.C. 4705) is amended by adding at the

end the following: ‘‘Each person awarded a research internship

under this title shall receive a stipend as may be prescribed by

the Board, which shall not exceed the maximum stipend amount

awarded for a scholarship or fellowship.’’.

SEC. 6305. SCHOLARSHIP AND RESEARCH INTERNSHIP CONDITIONS.

Section 1407 of the Barry Goldwater Scholarship and Excellence

in Education Act (20 U.S.C. 4706) is amended—

(1) in the section heading, by inserting ‘‘

AND RESEARCH

INTERNSHIP

’’ after ‘‘

SCHOLARSHIP

’’;

(2) in subsection (a)—

(A) by striking the subsection heading and inserting

‘‘S

CHOLARSHIP

ONDITIONS

’’; and

(B) by striking ‘‘and devoting full time to study or

research and is not engaging in gainful employment other

than employment approved by the Foundation’’;

(3) in subsection (b), by striking the subsection heading

and inserting ‘‘R

EPORTS ON

CHOLARSHIPS

’’; and

(4) by adding at the end the following:

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135 STAT. 2395 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(c) R

ESEARCH

NTERNSHIP

ONDITIONS

.—A person awarded a

research internship under this title may receive payments author-

ized under this title only during such periods as the Foundation

finds that the person is maintaining satisfactory proficiency pursu-

ant to regulations of the Board.

‘‘(d) R

EPORTS ON

ESEARCH

NTERNSHIPS

.—The Foundation may

require reports containing such information in such form and to

be filed at such times as the Foundation determines to be necessary

from any person awarded a research internship under this title.

Such reports may be accompanied by a certificate from an appro-

priate official at the institution of higher education or internship

employer, approved by the Foundation, stating that such person

is maintaining satisfactory progress in the internship.’’.

SEC. 6306. SUSTAINABLE INVESTMENTS OF FUNDS.

Section 1408 of the Barry Goldwater Scholarship and Excellence

in Education Act (20 U.S.C. 4707) is amended—

(1) by redesignating subsections (c) and (d) as subsections

(d) and (e), respectively; and

(2) by inserting after subsection (b) the following:

‘‘(c) I

NVESTMENT IN

ECURITIES

.—Notwithstanding subsection

(b), the Secretary of the Treasury may invest any public or private

funds received by the Foundation after the date of enactment of

the Barry Goldwater Scholarship and Excellence in Education Mod-

ernization Act of 2021 in securities other than or in addition to

public debt securities of the United States, if—

‘‘(1) the Secretary receives a determination from the Board

that such investments are necessary to enable the Foundation

to carry out the purposes of this title; and

‘‘(2) the securities in which such funds are invested are

traded in established United States markets.

‘‘(d) C

ONSTRUCTION

.—Nothing in this section shall be construed

to limit the authority of the Board to increase the number of

scholarships provided under section 4704, or to increase the amount

of the stipend authorized by section 4705, as the Board considers

appropriate and is otherwise consistent with the requirements of

this title.’’.

SEC. 6307. ADMINISTRATIVE PROVISIONS.

Section 1411(a) of the Barry Goldwater Scholarship and Excel-

lence in Education Act (20 U.S.C. 4710(a)) is amended—

(1) by striking paragraph (1) and inserting the following:

‘‘(1) appoint and fix the rates of basic pay of not more

than three employees (in addition to the Executive Secretary

appointed under section 4709) to carry out the provisions of

this title, without regard to the provisions in chapter 33 of

title 5, United States Code, governing appointment in the

competitive service or the provisions of chapter 51 and sub-

chapter III of chapter 53 of such title, except that—

‘‘(A) a rate of basic pay set under this paragraph may

not exceed the maximum rate provided for employees in

grade GS–15 of the General Schedule under section 5332

of title 5, United States Code; and

‘‘(B) the employee shall be entitled to the applicable

locality-based comparability payment under section 5304

of title 5, United States Code, subject to the applicable

limitation established under subsection (g) of such section;’’;

Determination.

Certification.

Determination.

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135 STAT. 2396 PUBLIC LAW 117–81—DEC. 27, 2021

(2) in paragraph (2), by striking ‘‘grade GS–18 under section

5332 of such title’’ and inserting ‘‘level IV of the Executive

Schedule’’;

(3) in paragraph (7), by striking ‘‘and’’ at the end;

(4) by redesignating paragraph (8) as paragraph (10); and

(5) by inserting after paragraph (7) the following:

‘‘(8) expend not more than 5 percent of the Foundation’s

annual operating budget on programs that, in addition to or

in conjunction with the Foundation’s scholarship financial

awards, support the development of Goldwater Scholars

throughout their professional careers;

‘‘(9) expend not more than 5 percent of the Foundation’s

annual operating budget to pay the costs associated with fund-

raising activities, including public and private gatherings; and’’.

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 regard-

ing COVID–19 response.

Sec. 6412. Transportation Security Preparedness Plan.

Sec. 6413. Authorization of Transportation Security Administration personnel de-

tails.

Sec. 6414. Transportation Security Administration preparedness.

Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening check-

points.

Sec. 6416. Comptroller General review of Department of Homeland Security trust-

ed 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.

Subtitle A—DHS Headquarters, Research

and Development, and Related Matters

SEC. 6401. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND

ACTION PLAN.

(a) I

ENERAL

.—Title VII of the Homeland Security Act of

2002 (6 U.S.C. 341 et seq.) is amended by adding at the end

the following new section:

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135 STAT. 2397 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘SEC. 711. EMPLOYEE ENGAGEMENT.

‘‘(a) S

TEERING

OMMITTEE

.—Not later than 120 days after the

date of the enactment of this section, the Secretary shall establish

an employee engagement steering committee, including representa-

tives from operational components, headquarters, and field per-

sonnel, including supervisory and nonsupervisory personnel, and

employee labor organizations that represent Department employees,

and chaired by the Under Secretary for Management, to carry

out the following activities:

‘‘(1) Identify factors that have a negative impact on

employee engagement, morale, and communications within the

Department, such as perceptions about limitations on career

progression, mobility, or development opportunities, collected

through employee feedback platforms, including through annual

employee surveys, questionnaires, and other communications,

as appropriate.

‘‘(2) Identify, develop, and distribute initiatives and best

practices to improve employee engagement, morale, and commu-

nications within the Department, including through annual

employee surveys, questionnaires, and other communications,

as appropriate.

‘‘(3) Monitor efforts of each component to address employee

engagement, morale, and communications based on employee

feedback provided through annual employee surveys, question-

naires, and other communications, as appropriate.

‘‘(4) Advise the Secretary on efforts to improve employee

engagement, morale, and communications within specific

components and across the Department.

‘‘(5) Conduct regular meetings and report, not less than

once per quarter, to the Under Secretary for Management,

the head of each component, and the Secretary on Department-

wide efforts to improve employee engagement, morale, and

communications.

‘‘(b) A

CTION

LAN

; R

EPORTING

.—The Secretary, acting through

the Chief Human Capital Officer, shall—

‘‘(1) not later than 120 days after the date of the establish-

ment of the employee engagement steering committee under

subsection (a), issue a Departmentwide employee engagement

action plan, reflecting input from the steering committee and

employee feedback provided through annual employee surveys,

questionnaires, and other communications in accordance with

paragraph (1) of such subsection, to execute strategies to

improve employee engagement, morale, and communications

within the Department; and

‘‘(2) require the head of each component to—

‘‘(A) develop and implement a component-specific

employee engagement plan to advance the action plan

required under paragraph (1) that includes performance

measures and objectives, is informed by employee feedback

provided through annual employee surveys, questionnaires,

and other communications, as appropriate, and sets forth

how employees and, where applicable, their labor represent-

atives are to be integrated in developing programs and

initiatives;

‘‘(B) monitor progress on implementation of such action

plan; and

Requirements.

Reports.

Deadlines.

6 USC 351.

Establishment.

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135 STAT. 2398 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(C) provide to the Chief Human Capital Officer and

the steering committee quarterly reports on actions planned

and progress made under this paragraph.

‘‘(c) T

ERMINATION

.—This section shall terminate on the date

that is five years after the date of the enactment of this section.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 is amended by inserting

after the item relating to section 710 the following new item:

‘‘Sec. 711. Employee engagement.’’.

UBMISSIONS TO

ONGRESS

.—

(1) D

EPARTMENT

WIDE EMPLOYEE ENGAGEMENT ACTION

PLAN

.—The Secretary of Homeland Security, acting through

the Chief Human Capital Officer of the Department of Home-

land Security, shall submit to the Committee on Homeland

Security of the House of Representatives and the Committee

on Homeland Security and Governmental Affairs of the Senate

the Department-wide employee engagement action plan

required under subsection (b)(1) of section 711 of the Homeland

Security Act of 2002 (as added by subsection (a) of this section)

not later than 30 days after the issuance of such plan under

such subsection (b)(1).

(2) C

OMPONENT

SPECIFIC EMPLOYEE ENGAGEMENT PLANS

.—

Each head of a component of the Department of Homeland

Security shall submit to the Committee on Homeland Security

of the House of Representatives and the Committee on Home-

land Security and Governmental Affairs of the Senate the

component-specific employee engagement plan of each such

component required under subsection (b)(2) of section 711 of

the Homeland Security Act of 2002 not later than 30 days

after the issuance of each such plan under such subsection

(b)(2).

SEC. 6402. ANNUAL EMPLOYEE AWARD PROGRAM.

(a) I

ENERAL

.—Title VII of the Homeland Security Act of

2002 (6 U.S.C. 341 et seq.), as amended by section 6401 of this

Act, is further amended by adding at the end the following new

section:

‘‘SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM.

‘‘(a) I

ENERAL

.—The Secretary may establish an annual

employee award program to recognize Department employees or

groups of employees for significant contributions to the achievement

of the Department’s goals and missions. If such a program is estab-

lished, the Secretary shall—

‘‘(1) establish within such program categories of awards,

each with specific criteria, that emphasize honoring employees

who are at the nonsupervisory level;

‘‘(2) publicize within the Department how any employee

or group of employees may be nominated for an award;

‘‘(3) establish an internal review board comprised of rep-

resentatives from Department components, headquarters, and

field personnel to submit to the Secretary award recommenda-

tions regarding specific employees or groups of employees;

‘‘(4) select recipients from the pool of nominees submitted

by the internal review board under paragraph (3) and convene

a ceremony at which employees or groups of employees receive

such awards from the Secretary; and

Establishment.

Recommenda-

tions.

Criteria.

6 USC 352.

Deadline.

6 USC 351 note.

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135 STAT. 2399 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(5) publicize such program within the Department.

‘‘(b) I

NTERNAL

EVIEW

OARD

.—The internal review board

described in subsection (a)(3) shall, when carrying out its function

under such subsection, consult with representatives from oper-

ational components and headquarters, including supervisory and

nonsupervisory personnel, and employee labor organizations that

represent Department employees.

‘‘(c) R

ULE OF

ONSTRUCTION

.—Nothing in this section may be

construed to authorize additional funds to carry out the require-

ments of this section or to require the Secretary to provide monetary

bonuses to recipients of an award under this section.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002, as amended by section

6401 of this Act, is further amended by inserting after the item

relating to section 711 the following new item:

‘‘Sec. 712. Annual employee award program.’’.

SEC. 6403. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.

Section 704 of the Homeland Security Act of 2002 (6 U.S.C.

344) is amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) by inserting ‘‘, including with respect to leader

development and employee engagement,’’ after ‘‘poli-

cies’’;

(ii) by striking ‘‘and in line’’ and inserting ‘‘, in

line’’; and

(iii) by inserting ‘‘and informed by best practices

within the Federal Government and the private sector,’’

after ‘‘priorities,’’;

(B) in paragraph (2), by striking ‘‘develop performance

measures to provide a basis for monitoring and evaluating’’

and inserting ‘‘use performance measures to evaluate, on

an ongoing basis,’’;

practicable, are informed by employee feedback’’ after ‘‘poli-

cies’’;

(D) in paragraph (4), by inserting ‘‘including leader

development and employee engagement programs,’’ before

‘‘in coordination’’;

(E) in paragraph (5), by inserting before the semicolon

at the end the following: ‘‘that is informed by an assess-

ment, carried out by the Chief Human Capital Officer,

of the learning and developmental needs of employees in

supervisory and nonsupervisory roles across the Depart-

ment and appropriate workforce planning initiatives’’;

(F) by redesignating paragraphs (9) and (10) as para-

graphs (13) and (14), respectively; and

(G) by inserting after paragraph (8) the following new

paragraphs:

‘‘(9) maintain a catalogue of available employee develop-

ment opportunities, including the Homeland Security Rotation

Program pursuant to section 844, departmental leadership

development programs, interagency development programs, and

other rotational programs;

‘‘(10) ensure that employee discipline and adverse action

programs comply with the requirements of all pertinent laws,

Consultation.

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135 STAT. 2400 PUBLIC LAW 117–81—DEC. 27, 2021

rules, regulations, and Federal guidance, and ensure due

process for employees;

‘‘(11) analyze each Department or Government-wide Fed-

eral workforce satisfaction or morale survey not later than

90 days after the date of the publication of each such survey

and submit to the Secretary such analysis, including, as appro-

priate, recommendations to improve workforce satisfaction or

morale within the Department;

‘‘(12) review and approve all component employee engage-

ment action plans to ensure such plans include initiatives

responsive to the root cause of employee engagement challenges,

as well as outcome-based performance measures and targets

to track the progress of such initiatives;’’;

(2) by redesignating subsections (d) and (e) as subsections

(e) and (f), respectively;

(3) by inserting after subsection (c) the following new sub-

section:

‘‘(d) C

HIEF

EARNING AND

NGAGEMENT

FFICER

.—The Chief

Human Capital Officer may designate an employee of the Depart-

ment to serve as a Chief Learning and Engagement Officer to

assist the Chief Human Capital Officer in carrying out this section.’’;

and

(4) in subsection (e), as so redesignated—

(A) by redesignating paragraphs (2), (3), and (4) as

paragraphs (5), (6), and (7), respectively; and

(B) by inserting after paragraph (1) the following new

paragraphs:

‘‘(2) information on employee development opportunities

catalogued pursuant to paragraph (9) of subsection (b) and

any available data on participation rates, attrition rates, and

impacts on retention and employee satisfaction;

‘‘(3) information on the progress of Departmentwide stra-

tegic workforce planning efforts as determined under paragraph

(2) of subsection (b);

‘‘(4) information on the activities of the steering committee

established pursuant to section 711(a), including the number

of meetings, types of materials developed and distributed, and

recommendations made to the Secretary;’’.

SEC. 6404. INDEPENDENT INVESTIGATION AND IMPLEMENTATION

PLAN.

(a) I

ENERAL

.—Not later than 120 days after the date of

the enactment of this Act, the Comptroller General of the United

States shall investigate whether the application in the Department

of Homeland Security of discipline and adverse actions for managers

and non-managers are administered in an equitable and consistent

manner that results in the same or substantially similar discipli-

nary outcomes across the Department that are appropriately cali-

brated to address the identified misconduct, taking into account

relevant aggravating and mitigating factors.

(b) C

ONSULTATION

.—In carrying out the investigation described

in subsection (a), the Comptroller General of the United States

shall consult with the Under Secretary for Management of the

Department of Homeland Security and the employee engagement

steering committee established pursuant to subsection (b)(1) of sec-

tion 711 of the Homeland Security Act of 2002 (as added by section

6401(a) of this Act).

Deadline.

6 USC 411 note.

Analysis.

Deadline.

Recommenda-

tions.

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135 STAT. 2401 PUBLIC LAW 117–81—DEC. 27, 2021

CTION BY

NDER

ECRETARY FOR

ANAGEMENT

.—Upon

completion of the investigation described in subsection (a), the

Under Secretary for Management of the Department of Homeland

Security shall review the findings and recommendations of such

investigation and implement a plan, in consultation with the

employee engagement steering committee established pursuant to

subsection (b)(1) of section 711 of the Homeland Security Act of

2002, to correct any relevant deficiencies identified by the Comp-

troller General of the United States in such investigation. The

Under Secretary for Management shall direct the employee engage-

ment steering committee to review such plan to inform committee

activities and action plans authorized under such section 711.

SEC. 6405. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL

CAREER PROGRAM.

(a) I

ENERAL

.—Title VII of the Homeland Security Act of

2002 (6 U.S.C. 341 et seq.), as amended by sections 6401 and

6402 of this Act, is further amended by adding at the end the

following new section:

‘‘SEC. 713. ACQUISITION PROFESSIONAL CAREER PROGRAM.

‘‘(a) E

STABLISHMENT

.—There is established in the Department

an acquisition professional career program to develop a cadre of

acquisition professionals within the Department.

‘‘(b) A

DMINISTRATION

.—The Under Secretary for Management

shall administer the acquisition professional career program estab-

lished pursuant to subsection (a).

‘‘(c) P

ROGRAM

EQUIREMENTS

.—The Under Secretary for

Management shall carry out the following with respect to the

acquisition professional career program.

‘‘(1) Designate the occupational series, grades, and number

of acquisition positions throughout the Department to be

included in the program and manage centrally such positions.

‘‘(2) Establish and publish on the Department’s website

eligibility criteria for candidates to participate in the program.

‘‘(3) Carry out recruitment efforts to attract candidates—

‘‘(A) from institutions of higher education, including

such institutions with established acquisition specialties

and courses of study, historically Black colleges and univer-

sities, and Hispanic-serving institutions;

‘‘(B) with diverse work experience outside of the Fed-

eral Government; or

‘‘(C) with military service.

‘‘(4) Hire eligible candidates for designated positions under

the program.

‘‘(5) Develop a structured program comprised of acquisition

training, on-the-job experience, Department-wide rotations,

mentorship, shadowing, and other career development

opportunities for program participants.

‘‘(6) Provide, beyond required training established for pro-

gram participants, additional specialized acquisition training,

including small business contracting and innovative acquisition

techniques training.

‘‘(d) R

EPORTS

.—Not later than one year after the date of the

enactment of this section, and annually thereafter through 2027,

the Secretary shall submit to the Committee on Homeland Security

of the House of Representatives and the Committee on Homeland

Security and Governmental Affairs of the Senate a report on the

Web posting.

Criteria.

6 USC 353.

Reviews.

Consultation.

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135 STAT. 2402 PUBLIC LAW 117–81—DEC. 27, 2021

acquisition professional career program. Each such report shall

include the following information:

‘‘(1) The number of candidates approved for the program.

‘‘(2) The number of candidates who commenced participa-

tion in the program, including generalized information on such

candidates’ backgrounds with respect to education and prior

work experience, but not including personally identifiable

information.

‘‘(3) A breakdown of the number of participants hired under

the program by type of acquisition position.

‘‘(4) A list of Department components and offices that

participated in the program and information regarding length

of time of each program participant in each rotation at such

components or offices.

‘‘(5) Program attrition rates and post-program graduation

retention data, including information on how such data compare

to the prior year’s data, as available.

‘‘(6) The Department’s recruiting efforts for the program.

‘‘(7) The Department’s efforts to promote retention of pro-

gram participants.

‘‘(e) D

EFINITIONS

.—In this section:

‘‘(1) H

ISPANIC

SERVING INSTITUTION

.—The term ‘Hispanic-

serving institution’ has the meaning given such term in section

502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).

‘‘(2) H

ISTORICALLY BLACK COLLEGES AND UNIVERSITIES

.—

The term ‘historically Black colleges and universities’ has the

meaning given the term ‘part B institution’ in section 322(2)

of Higher Education Act of 1965 (20 U.S.C. 1061(2)).

‘‘(3) I

NSTITUTION OF HIGHER EDUCATION

.—The term ‘institu-

tion of higher education’ has the meaning given such term

in section 101 of the Higher Education Act of 1965 (20 U.S.C.

1001).’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002, as amended by sections

6401 and 6402 of this Act, is further amended by inserting after

the item relating to section 712 the following new item:

‘‘Sec. 713. Acquisition professional career program.’’.

SEC. 6406. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.

(a) I

ENERAL

.—Title III of the Homeland Security Act of

2002 (6 U.S.C. 181 et seq.) is amended by adding at the end

the following new section:

‘‘SEC. 322. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.

‘‘(a) I

ENERAL

.—The Secretary, acting through the Under

Secretary for Science and Technology, shall designate the laboratory

described in subsection (b) as an additional laboratory pursuant

to the authority under section 308(c)(2) of this Act. Such laboratory

shall be used to test and evaluate emerging technologies and con-

duct research and development to assist emergency response pro-

viders in preparing for, and protecting against, threats of terrorism.

‘‘(b) L

ABORATORY

ESCRIBED

.—The laboratory described in this

subsection is the laboratory—

‘‘(1) known, as of the date of the enactment of this section,

as the National Urban Security Technology Laboratory; and

‘‘(2) transferred to the Department pursuant to section

303(1)(E) of this Act.

Designation.

6 USC 195h.

List.

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135 STAT. 2403 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(c) L

ABORATORY

CTIVITIES

.—The National Urban Security

Technology Laboratory shall—

‘‘(1) conduct tests, evaluations, and assessments of current

and emerging technologies, including, as appropriate, the cyber-

security of such technologies that can connect to the internet,

for emergency response providers;

‘‘(2) act as a technical advisor to emergency response pro-

viders; and

‘‘(3) carry out other such activities as the Secretary deter-

mines appropriate.

‘‘(d) R

ULE OF

ONSTRUCTION

.—Nothing in this section may

be construed as affecting in any manner the authorities or respon-

sibilities of the Countering Weapons of Mass Destruction Office

of the Department.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 is further amended

by inserting after the item relating to section 321 the following

new item:

‘‘Sec. 322. National Urban Security Technology Laboratory.’’.

SEC. 6407. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN

ENHANCEMENT.

Section 434 of the Homeland Security Act of 2002 (6 U.S.C.

242) is amended—

(1) in subsection (e)(6), by striking ‘‘utilizing resources,’’

and inserting ‘‘developing and utilizing, in consultation with

the Blue Campaign Advisory Board established pursuant to

subsection (g), resources’’; and

(2) by adding at the end the following new subsections:

‘‘(f) W

BASED

RAINING

ROGRAMS

.—To enhance training

opportunities, the Director of the Blue Campaign shall develop

web-based interactive training videos that utilize a learning

management system to provide online training opportunities.

During the 10-year period beginning on the date that is 90 days

after the date of the enactment of this subsection such training

opportunities shall be made available to the following individuals:

‘‘(1) Federal, State, local, Tribal, and territorial law enforce-

ment officers.

‘‘(2) Non-Federal correction system personnel.

‘‘(3) Such other individuals as the Director determines

appropriate.

‘‘(g) B

LUE

AMPAIGN

DVISORY

OARD

.—

‘‘(1) I

N GENERAL

.—There is established in the Department

a Blue Campaign Advisory Board, which shall be comprised

of representatives assigned by the Secretary from—

‘‘(A) the Office for Civil Rights and Civil Liberties

of the Department;

‘‘(B) the Privacy Office of the Department; and

‘‘(C) not fewer than four other separate components

or offices of the Department.

‘‘(2) C

HARTER

.—The Secretary is authorized to issue a

charter for the Blue Campaign Advisory Board, and such

charter shall specify the following:

‘‘(A) The Board’s mission, goals, and scope of its activi-

ties.

‘‘(B) The duties of the Board’s representatives.

‘‘(C) The frequency of the Board’s meetings.

Establishment.

Time period.

Effective date.

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135 STAT. 2404 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(3) C

ONSULTATION

.—The Director shall consult the Blue

Campaign Advisory Board and, as appropriate, experts from

other components and offices of the Center for Countering

Human Trafficking of the Department regarding the following:

‘‘(A) Recruitment tactics used by human traffickers

to inform the development of training and materials by

the Blue Campaign.

‘‘(B) The development of effective awareness tools for

distribution to Federal and non-Federal officials to identify

and prevent instances of human trafficking.

‘‘(C) Identification of additional persons or entities that

may be uniquely positioned to recognize signs of human

trafficking and the development of materials for such per-

sons.

‘‘(h) C

ONSULTATION

.—With regard to the development of pro-

grams under the Blue Campaign and the implementation of such

programs, the Director is authorized to consult with State, local,

Tribal, and territorial agencies, non-governmental organizations,

private sector organizations, and experts.’’.

SEC. 6408. MEDICAL COUNTERMEASURES PROGRAM.

(a) I

ENERAL

.—Subtitle C of title XIX of the Homeland

Security Act of 2002 (6 U.S.C. 597) is amended by adding at

the end the following new section:

‘‘SEC. 1932. MEDICAL COUNTERMEASURES.

‘‘(a) I

ENERAL

.—Subject to the availability of appropriations,

the Secretary shall, as appropriate, establish a medical counter-

measures program within the components of the Department to—

‘‘(1) facilitate personnel readiness and protection for the

employees and working animals of the Department in the event

of a chemical, biological, radiological, nuclear, or explosives

attack, naturally occurring disease outbreak, other event

impacting health, or pandemic; and

‘‘(2) support the mission continuity of the Department.

‘‘(b) O

VERSIGHT

.—The Secretary, acting through the Chief Med-

ical Officer of the Department, shall—

‘‘(1) provide programmatic oversight of the medical counter-

measures program established under subsection (a); and

‘‘(2) develop standards for—

‘‘(A) medical countermeasure storage, security, dis-

pensing, and documentation;

‘‘(B) maintaining a stockpile of medical counter-

measures, including antibiotics, antivirals, antidotes, thera-

peutics, and radiological countermeasures, as appropriate;

‘‘(C) ensuring adequate partnerships with manufactur-

ers and executive agencies that enable advance

prepositioning by vendors of inventories of appropriate

medical countermeasures in strategic locations nationwide,

based on risk and employee density, in accordance with

applicable Federal statutes and regulations;

‘‘(D) providing oversight and guidance regarding the

dispensing of stockpiled medical countermeasures;

‘‘(E) ensuring rapid deployment and dispensing of med-

ical countermeasures in a chemical, biological, radiological,

nuclear, or explosives attack, naturally occurring disease

outbreak, other event impacting health, or pandemic;

Standards.

6 USC 597a.

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135 STAT. 2405 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(F) providing training to employees of the Department

on medical countermeasures; and

‘‘(G) supporting dispensing exercises.

‘‘(c) M

EDICAL

OUNTERMEASURES

ORKING

ROUP

.—The Sec-

retary, acting through the Chief Medical Officer of the Department,

shall establish a medical countermeasures working group comprised

of representatives from appropriate components and offices of the

Department to ensure that medical countermeasures standards are

maintained and guidance is consistent.

‘‘(d) M

EDICAL

OUNTERMEASURES

ANAGEMENT

.—Not later

than 120 days after the date on which appropriations are made

available to carry out subsection (a), the Chief Medical Officer

shall develop and submit to the Secretary an integrated logistics

support plan for medical countermeasures, including—

‘‘(1) a methodology for determining the ideal types and

quantities of medical countermeasures to stockpile and how

frequently such methodology shall be reevaluated;

‘‘(2) a replenishment plan; and

‘‘(3) inventory tracking, reporting, and reconciliation proce-

dures for existing stockpiles and new medical countermeasure

purchases.

‘‘(e) T

RANSFER

.—Not later than 120 days after the date of

enactment of this section, the Secretary shall transfer all medical

countermeasures-related programmatic and personnel resources

from the Under Secretary for Management to the Chief Medical

Officer.

‘‘(f) S

TOCKPILE

LEMENTS

.—In determining the types and quan-

tities of medical countermeasures to stockpile under subsection

(d), the Secretary, acting through the Chief Medical Officer of

the Department—

‘‘(1) shall use a risk-based methodology for evaluating types

and quantities of medical countermeasures required; and

‘‘(2) may use, if available—

‘‘(A) chemical, biological, radiological, and nuclear risk

assessments of the Department; and

‘‘(B) guidance on medical countermeasures of the Office

of the Assistant Secretary for Preparedness and Response

and the Centers for Disease Control and Prevention.

‘‘(g) B

RIEFING

.—Not later than 180 days after the date of enact-

ment of this section, the Secretary shall provide a briefing to

the Committee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Homeland Security of the

House of Representatives regarding—

‘‘(1) the plan developed under subsection (d); and

‘‘(2) implementation of the requirements of this section.

‘‘(h) D

EFINITION

.—In this section, the term ‘medical counter-

measures’ means antibiotics, antivirals, antidotes, therapeutics,

radiological countermeasures, and other countermeasures that may

be deployed to protect the employees and working animals of the

Department in the event of a chemical, biological, radiological,

nuclear, or explosives attack, naturally occurring disease outbreak,

other event impacting health, or pandemic.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 is further amended

by inserting after the item relating to section 1931 the following

new item:

‘‘Sec. 1932. Medical countermeasures.’’.

Deadline.

Determination.

Deadline.

Inventory.

Procedures.

Plan.

Deadline.

Plan.

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135 STAT. 2406 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 6409. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.

(a) I

ENERAL

.—Subtitle H of title VIII of the Homeland

Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding

at the end the following new section:

‘‘SEC. 890B. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND

DEVELOPMENT.

‘‘(a) I

ENERAL

.—

‘‘(1) R

ESEARCH AND DEVELOPMENT

.—The Secretary is

authorized to conduct research and development to—

‘‘(A) identify United States critical domains for eco-

nomic security and homeland security; and

‘‘(B) evaluate the extent to which disruption, corrup-

tion, exploitation, or dysfunction of any of such domain

poses a substantial threat to homeland security.

‘‘(2) R

EQUIREMENTS

.—

‘‘(A) R

ISK ANALYSIS OF CRITICAL DOMAINS

.—The

research under paragraph (1) shall include a risk analysis

of each identified United States critical domain for eco-

nomic security to determine the degree to which there

exists a present or future threat to homeland security

in the event of disruption, corruption, exploitation, or

dysfunction to such domain. Such research shall consider,

to the extent possible, the following:

‘‘(i) The vulnerability and resilience of relevant

supply chains.

‘‘(ii) Foreign production, processing, and manufac-

turing methods.

‘‘(iii) Influence of malign economic actors.

‘‘(iv) Asset ownership.

‘‘(v) Relationships within the supply chains of such

domains.

‘‘(vi) The degree to which the conditions referred

to in clauses (i) through (v) would place such a domain

at risk of disruption, corruption, exploitation, or

dysfunction.

‘‘(B) A

DDITIONAL RESEARCH INTO HIGH

RISK CRITICAL

DOMAINS

.—Based on the identification and risk analysis

of United States critical domains for economic security

pursuant to paragraph (1) and subparagraph (A) of this

paragraph, respectively, the Secretary may conduct addi-

tional research into those critical domains, or specific ele-

ments thereof, with respect to which there exists the

highest degree of a present or future threat to homeland

security in the event of disruption, corruption, exploitation,

or dysfunction to such a domain. For each such high-

risk domain, or element thereof, such research shall—

‘‘(i) describe the underlying infrastructure and

processes;

‘‘(ii) analyze present and projected performance of

industries that comprise or support such domain;

‘‘(iii) examine the extent to which the supply chain

of a product or service necessary to such domain is

concentrated, either through a small number of

sources, or if multiple sources are concentrated in one

geographic area;

Examination.

Analysis.

Determination.

Evaluation.

6 USC 474.

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135 STAT. 2407 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(iv) examine the extent to which the demand for

supplies of goods and services of such industries can

be fulfilled by present and projected performance of

other industries, identify strategies, plans, and poten-

tial barriers to expand the supplier industrial base,

and identify the barriers to the participation of such

other industries;

‘‘(v) consider each such domain’s performance

capacities in stable economic environments, adversarial

supply conditions, and under crisis economic con-

straints;

‘‘(vi) identify and define needs and requirements

to establish supply resiliency within each such domain;

and

‘‘(vii) consider the effects of sector consolidation,

including foreign consolidation, either through mergers

or acquisitions, or due to recent geographic realign-

ment, on such industries’ performances.

‘‘(3) C

ONSULTATION

.—In conducting the research under

paragraph (1) and subparagraph (B) of paragraph (2), the Sec-

retary may consult with appropriate Federal agencies, State

agencies, and private sector stakeholders.

‘‘(4) P

UBLICATION

.—Beginning one year after the date of

the enactment of this section, the Secretary shall publish a

report containing information relating to the research under

paragraph (1) and subparagraph (B) of paragraph (2), including

findings, evidence, analysis, and recommendations. Such report

shall be updated annually through 2026.

‘‘(b) S

UBMISSION TO

ONGRESS

.—Not later than 90 days after

the publication of each report required under paragraph (4) of

subsection (a), the Secretary shall transmit to the Committee on

Homeland Security of the House of Representatives and the Com-

mittee on Homeland Security and Governmental Affairs of the

Senate each such report, together with a description of actions

the Secretary, in consultation with appropriate Federal agencies,

will undertake or has undertaken in response to each such report.

‘‘(c) D

EFINITIONS

.—In this section:

‘‘(1) U

NITED STATES CRITICAL DOMAINS FOR ECONOMIC SECU

RITY

.—The term ‘United States critical domains for economic

security’ means the critical infrastructure and other associated

industries, technologies, and intellectual property, or any com-

bination thereof, that are essential to the economic security

of the United States.

‘‘(2) E

CONOMIC SECURITY

.—The term ‘economic security’

means the condition of having secure and resilient domestic

production capacity, combined with reliable access to the global

resources necessary to maintain an acceptable standard of

living and to protect core national values.

‘‘(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated $1,000,000 for each of fiscal years 2022 through

2026 to carry out this section.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of the Homeland Security Act of 2002 is further amended

by inserting after the item relating to section 890A the following

new item:

‘‘Sec. 890B. Homeland security critical domain research and development.’’.

Time period.

Deadline.

Consultation.

Updates.

Time period.

Effective date.

Reports.

Recommenda-

tions.

Examination.

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135 STAT. 2408 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 6410. CBP DONATIONS ACCEPTANCE PROGRAM REAUTHORIZA-

TION.

Section 482 of the Homeland Security Act of 2002 (6 U.S.C.

301a) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) in subparagraph (B), by inserting ‘‘or -leased’’

before ‘‘land’’; and

(ii) in subparagraph (C)—

(I) in the matter preceding clause (i), by

inserting ‘‘or -leased’’ before ‘‘land’’;

(II) in clause (i), by striking ‘‘$50,000,000’’ and

inserting ‘‘$75,000,000’’; and

(III) by amending clause (ii) to read as follows:

‘‘(ii) the fair market value of donations with respect

to the land port of entry total $75,000,000 or less

over the preceding five years.’’; and

(B) in paragraph (3), in the matter preceding subpara-

graph (A), by inserting ‘‘or -leased’’ before ‘‘land’’;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘Administrator of the General Services Administration’’ and

inserting ‘‘Administrator of General Services’’;

(B) in paragraph (1)(C)—

(i) in clause (i), by striking ‘‘$50,000,000’’ and

inserting ‘‘$75,000,000’’; and

(ii) by amending clause (ii) to read as follows:

‘‘(ii) the fair market value of donations with respect

to the land port of entry total $75,000,000 or less

over the preceding five years.’’; and

(i) in subparagraph (A), by striking ‘‘terminate’’

and all that follows through the period at the end

and inserting ‘‘terminate on December 31, 2026.’’; and

(ii) in subparagraph (B), by striking ‘‘carrying out

the terms of an agreement under this subsection if

such agreement is entered into before such termination

date’’ and inserting ‘‘a proposal accepted for consider-

ation by U.S. Customs and Border Protection or the

General Services Administration pursuant to this sec-

tion or a prior pilot program prior to such termination

date’’;

(3) in subsection (c)(6)(B), by striking ‘‘the donation will

not be used for the construction of a detention facility or a

border fence or wall.’’ and inserting the following:

‘‘(i) the donation will not be used for the construc-

tion of a detention facility or a border fence or wall;

and

‘‘(ii) the donor will be notified in the Donations

Acceptance Agreement that the donor shall be finan-

cially responsible for all costs and operating expenses

related to the operation, maintenance, and repair of

the donated real property until such time as U.S. Cus-

toms and Border Protection provides the donor written

notice otherwise.’’;

(4) in subsection (d), in the matter preceding paragraph

(1), by striking ‘‘annual’’ and inserting ‘‘biennial’’; and

Notifications.

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135 STAT. 2409 PUBLIC LAW 117–81—DEC. 27, 2021

(5) in subsection (e), by striking ‘‘Administrator of the

General Services Administration’’ and inserting ‘‘Administrator

of General Services’’.

Subtitle B—Transportation Security

SEC. 6411. SURVEY OF THE TRANSPORTATION SECURITY ADMINISTRA-

TION WORKFORCE REGARDING COVID–19 RESPONSE.

(a) S

URVEY

.—Not later than one year after the date of the

enactment of this Act, the Administrator of the Transportation

Security Administration (referred to in this section as the ‘‘Adminis-

trator’’), in consultation with the labor organization certified as

the exclusive representative of full- and part-time nonsupervisory

Administration personnel carrying out screening functions under

section 44901 of title 49, United States Code, shall conduct a

survey of the Transportation Security Administration (referred to

in this section as the ‘‘Administration’’) workforce regarding the

Administration’s response to the COVID–19 pandemic. Such survey

shall be conducted in a manner that allows for the greatest prac-

ticable level of workforce participation.

(b) C

ONTENTS

.—In conducting the survey required under sub-

section (a), the Administrator shall solicit feedback on the following:

(1) The Administration’s communication and collaboration

with the Administration’s workforce regarding the Administra-

tion’s response to the COVID–19 pandemic and efforts to miti-

gate and monitor transmission of COVID–19 among its

workforce, including through—

(A) providing employees with personal protective equip-

ment and mandating its use;

(B) modifying screening procedures and Administration

operations to reduce transmission among officers and pas-

sengers and ensuring compliance with such changes;

telework;

(D) outreach as a part of contact tracing when an

employee has tested positive for COVID–19; and

(E) encouraging COVID–19 vaccinations and efforts

to assist employees that seek to be vaccinated such as

communicating the availability of duty time for travel to

vaccination sites and recovery from vaccine side effects.

(2) Any other topic determined appropriate by the Adminis-

trator.

EPORT

.—Not later than 30 days after completing the survey

required under subsection (a), the Administration shall provide

a report summarizing the results of the survey to the Committee

on Homeland Security of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the

Senate.

SEC. 6412. TRANSPORTATION SECURITY PREPAREDNESS PLAN.

(a) P

LAN

EQUIRED

.—Section 114 of title 49, United States

Code, is amended by adding at the end the following new subsection:

‘‘(x) T

RANSPORTATION

ECURITY

REPAREDNESS

LAN

.—

‘‘(1) I

N GENERAL

.—Not later than two years after the date

of the enactment of this subsection, the Secretary of Homeland

Security, acting through the Administrator, in coordination with

Deadline.

Coordination.

Consultation.

Summary.

Deadline.

Consultation.

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135 STAT. 2410 PUBLIC LAW 117–81—DEC. 27, 2021

the Chief Medical Officer of the Department of Homeland Secu-

rity, and in consultation with the partners identified under

paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a transpor-

tation security preparedness plan to address the event of a

communicable disease outbreak. The Secretary, acting through

the Administrator, shall ensure such plan aligns with relevant

Federal plans and strategies for communicable disease out-

breaks.

‘‘(2) C

ONSIDERATIONS

.—In developing the plan required

under paragraph (1), the Secretary, acting through the Adminis-

trator, shall consider each of the following:

‘‘(A) The findings of the survey required under section

6411 of the National Defense Authorization Act for Fiscal

Year 2022.

‘‘(B) The findings of the analysis required under section

6414 of the National Defense Authorization Act for Fiscal

Year 2022.

‘‘(C) The plan required under section 6415 of the

National Defense Authorization Act for Fiscal Year 2022.

‘‘(D) All relevant reports and recommendations

regarding the Administration’s response to the COVID–

19 pandemic, including any reports and recommendations

issued by the Comptroller General and the Inspector Gen-

eral of the Department of Homeland Security.

‘‘(E) Lessons learned from Federal interagency efforts

during the COVID–19 pandemic.

‘‘(3) C

ONTENTS OF PLAN

.—The plan developed under para-

graph (1) shall include each of the following:

‘‘(A) Plans for communicating and collaborating in the

event of a communicable disease outbreak with the fol-

lowing partners:

‘‘(i) Appropriate Federal departments and agencies,

including the Department of Health and Human Serv-

ices, the Centers for Disease Control and Prevention,

the Department of Transportation, the Department of

Labor, and appropriate interagency task forces.

‘‘(ii) The workforce of the Administration, including

through the labor organization certified as the exclu-

sive representative of full- and part-time non-super-

visory Administration personnel carrying out screening

functions under section 44901 of this title.

‘‘(iii) International partners, including the Inter-

national Civil Aviation Organization and foreign

governments, airports, and air carriers.

‘‘(iv) Public and private stakeholders, as such term

is defined under subsection (t)(1)(C).

‘‘(v) The traveling public.

‘‘(B) Plans for protecting the safety of the Transpor-

tation Security Administration workforce, including—

‘‘(i) reducing the risk of communicable disease

transmission at screening checkpoints and within the

Administration’s workforce related to the Administra-

tion’s transportation security operations and mission;

‘‘(ii) ensuring the safety and hygiene of screening

checkpoints and other workstations;

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135 STAT. 2411 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(iii) supporting equitable and appropriate access

to relevant vaccines, prescriptions, and other medical

care; and

‘‘(iv) tracking rates of employee illness, recovery,

and death.

‘‘(C) Criteria for determining the conditions that may

warrant the integration of additional actions in the aviation

screening system in response to the communicable disease

outbreak and a range of potential roles and responsibilities

that align with such conditions.

‘‘(D) Contingency plans for temporarily adjusting

checkpoint operations to provide for passenger and

employee safety while maintaining security during the

communicable disease outbreak.

‘‘(E) Provisions setting forth criteria for establishing

an interagency task force or other standing engagement

platform with other appropriate Federal departments and

agencies, including the Department of Health and Human

Services and the Department of Transportation, to address

such communicable disease outbreak.

‘‘(F) A description of scenarios in which the Adminis-

trator should consider exercising authorities provided

under subsection (g) and for what purposes.

‘‘(G) Considerations for assessing the appropriateness

of issuing security directives and emergency amendments

to regulated parties in various modes of transportation,

including surface transportation, and plans for ensuring

compliance with such measures.

‘‘(H) A description of any potential obstacles, including

funding constraints and limitations to authorities, that

could restrict the ability of the Administration to respond

appropriately to a communicable disease outbreak.

‘‘(4) D

ISSEMINATION

.—Upon development of the plan

required under paragraph (1), the Administrator shall dissemi-

nate the plan to the partners identified under paragraph (3)(A)

and to the Committee on Homeland Security of the House

of Representatives and the Committee on Homeland Security

and Governmental Affairs and the Committee on Commerce,

Science, and Transportation of the Senate.

‘‘(5) R

EVIEW OF PLAN

.—Not later than two years after the

date on which the plan is disseminated under paragraph (4),

and biennially thereafter, the Secretary, acting through the

Administrator and in coordination with the Chief Medical

Officer of the Department of Homeland Security, shall review

the plan and, after consultation with the partners identified

under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan

as appropriate.’’.

(b) C

OMPTROLLER

ENERAL

EPORT

.—Not later than one year

after the date on which the transportation security preparedness

plan required under subsection (x) of section 114 of title 49, United

States Code, as added by subsection (a), is disseminated under

paragraph (4) of such subsection (x), the Comptroller General of

the United States shall submit to the Committee on Homeland

Security of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate a report

containing the results of a study assessing the transportation secu-

rity preparedness plan, including an analysis of—

Assessment.

Analysis.

Deadline.

Time period.

Coordination.

Consultation.

Criteria.

Determination.

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135 STAT. 2412 PUBLIC LAW 117–81—DEC. 27, 2021

(1) whether such plan aligns with relevant Federal plans

and strategies for communicable disease outbreaks; and

(2) the extent to which the Transportation Security

Administration is prepared to implement the plan.

SEC. 6413. AUTHORIZATION OF TRANSPORTATION SECURITY ADMINIS-

TRATION PERSONNEL DETAILS.

(a) C

OORDINATION

.—Pursuant to sections 106(m) and 114(m)

of title 49, United States Code, the Administrator of the Transpor-

tation Security Administration may provide Transportation Security

Administration personnel, who are not engaged in front line

transportation security efforts, to other components of the Depart-

ment and other Federal agencies to improve coordination with

such components and agencies to prepare for, protect against, and

respond to public health threats to the transportation security

system of the United States.

(b) B

RIEFING

.—Not later than 180 days after the date of the

enactment of this Act, the Administrator shall brief the appropriate

congressional committees regarding efforts to improve coordination

with other components of the Department of Homeland Security

and other Federal agencies to prepare for, protect against, and

respond to public health threats to the transportation security

system of the United States.

SEC. 6414. TRANSPORTATION SECURITY ADMINISTRATION PREPARED-

NESS.

(a) A

NALYSIS

.—

(1) I

N GENERAL

.—The Administrator of the Transportation

Security Administration shall conduct an analysis of prepared-

ness of the transportation security system of the United States

for public health threats. Such analysis shall assess, at a min-

imum, the following:

(A) The risks of public health threats to the transpor-

tation security system of the United States, including to

transportation hubs, transportation security stakeholders,

Transportation Security Administration (TSA) personnel,

and passengers.

(B) Information sharing challenges among relevant

components of the Department of Homeland Security, other

Federal agencies, international entities, and transportation

security stakeholders.

the transportation security system.

(2) C

OORDINATION

.—The analysis conducted of the risks

described in paragraph (1)(A) shall be conducted in coordination

with the Chief Medical Officer of the Department of Homeland

Security, the Secretary of Health and Human Services, and

transportation security stakeholders.

(b) B

RIEFING

.—Not later than 180 days after the date of the

enactment of this Act, the Administrator shall brief the appropriate

congressional committees on the following:

(1) The analysis required under subsection (a).

(2) Technologies necessary to combat public health threats

at security screening checkpoints, such as testing and screening

technologies, including temperature screenings, to better pro-

tect from future public health threats TSA personnel, pas-

sengers, aviation workers, and other personnel authorized to

access the sterile area of an airport through such checkpoints,

Cost estimate.

Deadline.

Assessment.

Deadline.

49 USC 114 note.

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135 STAT. 2413 PUBLIC LAW 117–81—DEC. 27, 2021

and the estimated cost of technology investments needed to

fully implement across the aviation system solutions to such

threats.

(3) Policies and procedures implemented by TSA and

transportation security stakeholders to protect from public

health threats TSA personnel, passengers, aviation workers,

and other personnel authorized to access the sterile area

through the security screening checkpoints, as well as future

plans for additional measures relating to such protection.

(4) The role of TSA in establishing priorities, developing

solutions, and coordinating and sharing information with rel-

evant domestic and international entities during a public health

threat to the transportation security system, and how TSA

can improve its leadership role in such areas.

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Homeland Security of the House

of Representatives; and

(B) the Committee on Homeland Security and Govern-

mental Affairs and the Committee on Commerce, Science,

and Transportation of the Senate.

(2) The term ‘‘sterile area’’ has the meaning given such

term in section 1540.5 of title 49, Code of Federal Regulations.

(3) The term ‘‘TSA’’ means the Transportation Security

Administration.

SEC. 6415. PLAN TO REDUCE THE SPREAD OF CORONAVIRUS AT PAS-

SENGER SCREENING CHECKPOINTS.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, the Administrator, in coordination with

the Chief Medical Officer of the Department of Homeland Security,

and in consultation with the Secretary of Health and Human Serv-

ices and the Director of the Centers for Disease Control and Preven-

tion, shall issue and commence implementing a plan to enhance,

as appropriate, security operations at airports during the COVID–

19 national emergency in order to reduce risk of the spread of

the coronavirus at passenger screening checkpoints and among

the TSA workforce.

(b) C

ONTENTS

.—The plan required under subsection (a) shall

include the following:

(1) An identification of best practices developed and

screening technologies deployed in response to the coronavirus

among foreign governments, airports, and air carriers con-

ducting aviation security screening operations, as well as among

Federal agencies conducting similar security screening oper-

ations outside of airports, including in locations where the

spread of the coronavirus has been successfully contained, that

could be further integrated into the United States aviation

security system.

(2) Specific operational changes to aviation security

screening operations informed by the identification of best prac-

tices and screening technologies under paragraph (1) that could

be implemented without degrading aviation security and a cor-

responding timeline and costs for implementing such changes.

Deadline.

Coordination.

Consultation.

49 USC 44901

note.

Procedures.

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135 STAT. 2414 PUBLIC LAW 117–81—DEC. 27, 2021

ONSIDERATIONS

.—In carrying out the identification of best

practices under subsection (b), the Administrator shall take into

consideration the following:

(1) Aviation security screening procedures and practices

in place at security screening locations, including procedures

and practices implemented in response to the coronavirus.

(2) Volume and average wait times at each such security

screening location.

(3) Public health measures already in place at each such

security screening location.

(4) The feasibility and effectiveness of implementing similar

procedures and practices in locations where such are not

already in place.

(5) The feasibility and potential benefits to security, public

health, and travel facilitation of continuing any procedures

and practices implemented in response to the COVID–19

national emergency beyond the end of such emergency.

(d) C

ONSULTATION

.—In developing the plan required under sub-

section (a), the Administrator may consult with public and private

stakeholders and the TSA workforce, including through the labor

organization certified as the exclusive representative of full- and

part-time nonsupervisory TSA personnel carrying out screening

functions under section 44901 of title 49, United States Code.

(e) S

UBMISSION

.—Upon issuance of the plan required under

subsection (a), the Administrator shall submit the plan to the

Committee on Homeland Security of the House of Representatives

and the Committee on Commerce, Science, and Transportation of

the Senate.

(f) I

SSUANCE AND

MPLEMENTATION

.—The Administrator shall

not be required to issue or implement, as the case may be, the

plan required under subsection (a) upon the termination of the

COVID–19 national emergency except to the extent the Adminis-

trator determines such issuance or implementation, as the case

may be, to be feasible and beneficial to security screening oper-

ations.

(g) GAO R

EVIEW

.—Not later than one year after the issuance

of the plan required under subsection (a) (if such plan is issued

in accordance with subsection (f)), the Comptroller General of the

United States shall submit to the Committee on Homeland Security

of the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate a review, if appropriate,

of such plan and any efforts to implement such plan.

(h) D

EFINITIONS

.—In this section:

(1) The term ‘‘Administrator’’ means the Administrator of

the Transportation Security Administration.

(2) The term ‘‘coronavirus’’ has the meaning given such

term in section 506 of the Coronavirus Preparedness and

Response Supplemental Appropriations Act, 2020 (Public Law

116–123).

(3) The term ‘‘COVID–19 national emergency’’ means the

national emergency declared by the President under the

National Emergencies Act (50 U.S.C. 1601 et seq.) on March

13, 2020, with respect to the coronavirus.

(4) The term ‘‘public and private stakeholders’’ has the

meaning given such term in section 114(t)(1)(C) of title 49,

United States Code.

Deadline.

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135 STAT. 2415 PUBLIC LAW 117–81—DEC. 27, 2021

(5) The term ‘‘TSA’’ means the Transportation Security

Administration.

SEC. 6416. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF

HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS.

Not later than one year after the date of the enactment of

this Act, the Comptroller General of the United States shall conduct

a review of Department of Homeland Security trusted traveler

programs. Such review shall examine the following:

(1) The extent to which the Department of Homeland Secu-

rity tracks data and monitors trends related to trusted traveler

programs, including root causes for identity-matching errors

resulting in an individual’s enrollment in a trusted traveler

program being reinstated.

(2) Whether the Department coordinates with the heads

of other relevant Federal, State, local, Tribal, or territorial

entities regarding redress procedures for disqualifying offenses

not covered by the Department’s own redress processes but

which offenses impact an individual’s enrollment in a trusted

traveler program.

(3) How the Department may improve individuals’ access

to reconsideration procedures regarding a disqualifying offense

for enrollment in a trusted traveler program that requires

the involvement of any other Federal, State, local, Tribal, or

territorial entity.

(4) The extent to which travelers are informed about

reconsideration procedures regarding enrollment in a trusted

traveler program.

SEC. 6417. ENROLLMENT REDRESS WITH RESPECT TO DEPARTMENT

OF HOMELAND SECURITY TRUSTED TRAVELER PRO-

GRAMS.

Notwithstanding any other provision of law, the Secretary of

Homeland Security shall, with respect to an individual whose enroll-

ment in a trusted traveler program was revoked in error extend

by an amount of time equal to the period of revocation the period

of active enrollment in such a program upon reenrollment in such

a program by such an individual.

SEC. 6418. THREAT INFORMATION SHARING.

(a) P

RIORITIZATION

.—The Secretary of Homeland Security shall

prioritize the assignment of officers and intelligence analysts under

section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h)

from the Transportation Security Administration and, as appro-

priate, from the Office of Intelligence and Analysis of the Depart-

ment of Homeland Security, to locations with participating State,

local, and regional fusion centers in jurisdictions with a high-risk

surface transportation asset in order to enhance the security of

such assets, including by improving timely sharing, in a manner

consistent with the protection of privacy rights, civil rights, and

civil liberties, of information regarding threats of terrorism and

other threats, including targeted violence.

(b) I

NTELLIGENCE

RODUCTS

.—Officers and intelligence analysts

assigned to locations with participating State, local, and regional

fusion centers under this section shall participate in the generation

and dissemination of transportation security intelligence products,

6 USC 124h–1.

49 USC 44919

note.

Examination.

Deadline.

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135 STAT. 2416 PUBLIC LAW 117–81—DEC. 27, 2021

with an emphasis on such products that relate to threats of ter-

rorism and other threats, including targeted violence, to surface

transportation assets that—

(1) assist State, local, and Tribal law enforcement agencies

in deploying their resources, including personnel, most effi-

ciently to help detect, prevent, investigate, apprehend, and

respond to such threats;

(2) promote more consistent and timely sharing with and

among jurisdictions of threat information; and

(3) enhance the Department of Homeland Security’s situa-

tional awareness of such threats.

LEARANCES

.—The Secretary of Homeland Security shall

make available to appropriate owners and operators of surface

transportation assets, and to any other person that the Secretary

determines appropriate to foster greater sharing of classified

information relating to threats of terrorism and other threats,

including targeted violence, to surface transportation assets, the

process of application for security clearances under Executive Order

No. 13549 (75 Fed. Reg. 162; relating to a classified national security

information program) or any successor Executive order.

(d) R

EPORT TO

ONGRESS

.—Not later than one year after the

date of the enactment of this Act, the Secretary of Homeland

Security shall submit to the Committee on Homeland Security

of the House of Representatives and the Committee on Homeland

Security and Governmental Affairs of the Senate a report that

includes a detailed description of the measures used to ensure

privacy rights, civil rights, and civil liberties protections in carrying

out this section.

(e) GAO R

EPORT

.—Not later than two years after the date

of the enactment of this Act, the Comptroller General of the United

States shall submit to the Committee on Homeland Security of

the House of Representatives and the Committee on Homeland

Security and Governmental Affairs of the Senate a review of the

implementation of this section, including an assessment of the

measures used to ensure privacy rights, civil rights, and civil lib-

erties protections, and any recommendations to improve this

implementation, together with any recommendations to improve

information sharing with State, local, Tribal, territorial, and private

sector entities to prevent, identify, and respond to threats of ter-

rorism and other threats, including targeted violence, to surface

transportation assets.

(f) D

EFINITIONS

.—In this section:

(1) The term ‘‘surface transportation asset’’ includes facili-

ties, equipment, or systems used to provide transportation serv-

ices by—

(A) a public transportation agency (as such term is

defined in section 1402(5) of the Implementing Rec-

ommendations of the 9/11 Commission Act of 2007 (Public

Law 110–53; 6 U.S.C. 1131(5)));

(B) a railroad carrier (as such term is defined in section

20102(3) of title 49, United States Code);

(i) an entity offering scheduled, fixed-route

transportation services by over-the-road bus (as such

term is defined in section 1501(4) of the Implementing

Recommendations of the 9/11 Commission Act of 2007

(Public Law 110–53; 6 U.S.C. 1151(4))); or

Review.

Assessment.

Recommenda-

tions.

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135 STAT. 2417 PUBLIC LAW 117–81—DEC. 27, 2021

(ii) a bus terminal; or

(D) other transportation facilities, equipment, or sys-

tems, as determined by the Secretary.

(2) The term ‘‘targeted violence’’ means an incident of

violence in which an attacker selected a particular target in

order to inflict mass injury or death with no discernable political

or ideological motivation beyond mass injury or death.

(3) The term ‘‘terrorism’’ means the terms—

(A) domestic terrorism (as such term is defined in

section 2331(5) of title 18, United States Code); and

(B) international terrorism (as such term is defined

in section 2331(1) of title 18, United States Code).

SEC. 6419. LOCAL LAW ENFORCEMENT SECURITY TRAINING.

(a) I

ENERAL

.—The Secretary of Homeland Security, in con-

sultation with public and private sector stakeholders, may in a

manner consistent with the protection of privacy rights, civil rights,

and civil liberties, develop, through the Federal Law Enforcement

Training Centers, a training program to enhance the protection,

preparedness, and response capabilities of law enforcement agencies

with respect to threats of terrorism and other threats, including

targeted violence, at a surface transportation asset.

(b) R

EQUIREMENTS

.—If the Secretary of Homeland Security

develops the training program described in subsection (a), such

training program shall—

(1) be informed by current information regarding tactics

used by terrorists and others engaging in targeted violence;

(2) include tactical instruction tailored to the diverse nature

of the surface transportation asset operational environment;

and

(3) prioritize training officers from law enforcement agen-

cies that are eligible for or receive grants under sections 2003

or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604

and 605) and officers employed by railroad carriers that operate

passenger service, including interstate passenger service.

EPORT

.—If the Secretary of Homeland Security develops

the training program described in subsection (a), not later than

one year after the date on which the Secretary first implements

the program, and annually thereafter during each year the Sec-

retary carries out the program, the Secretary shall submit to the

Committee on Homeland Security of the House of Representatives

and the Committee on Homeland Security and Governmental

Affairs of the Senate a report on the program. Each such report

shall include, for the year covered by the report—

(1) a description of the curriculum for the training and

any changes to such curriculum;

(2) an identification of any contracts entered into for the

development or provision of training under the program;

(3) information on the law enforcement agencies the per-

sonnel of which received the training, and for each such agency,

the number of participants; and

(4) a description of the measures used to ensure the pro-

gram was carried out to provide for protections of privacy

rights, civil rights, and civil liberties.

(d) D

EFINITIONS

.—In this section:

Consultation.

6 USC 1137a.

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135 STAT. 2418 PUBLIC LAW 117–81—DEC. 27, 2021

(1) The term ‘‘public and private sector stakeholders’’ has

the meaning given such term in section 114(t)(1)(c) of title

49, United States Code.

(2) The term ‘‘surface transportation asset’’ includes facili-

ties, equipment, or systems used to provide transportation serv-

ices by—

(A) a public transportation agency (as such term is

defined in section 1402(5) of the Implementing Rec-

ommendations of the 9/11 Commission Act of 2007 (Public

Law 110–53; 6 U.S.C. 1131(5)));

(B) a railroad carrier (as such term is defined in section

20102(3) of title 49, United States Code);

(i) an entity offering scheduled, fixed-route

transportation services by over-the-road bus (as such

term is defined in section 1501(4) of the Implementing

Recommendations of the 9/11 Commission Act of 2007

(Public Law 110–53; 6 U.S.C. 1151(4))); or

(ii) a bus terminal; or

(D) other transportation facilities, equipment, or sys-

tems, as determined by the Secretary.

(3) The term ‘‘targeted violence’’ means an incident of

violence in which an attacker selected a particular target in

order to inflict mass injury or death with no discernable political

or ideological motivation beyond mass injury or death.

(4) The term ‘‘terrorism’’ means the terms—

(A) domestic terrorism (as such term is defined in

section 2331(5) of title 18, United States Code); and

(B) international terrorism (as such term is defined

in section 2331(1) of title 18, United States Code).

SEC. 6420. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPOR-

TATION SECURITY ASSISTANCE GRANTS.

Subparagraph (A) of section 1406(b)(2) of the Implementing

Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.

1135(b)(2); Public Law 110–53) is amended by inserting ‘‘and associ-

ated backfill’’ after ‘‘security training’’.

SEC. 6421. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION

SECURITY ASSISTANCE GRANTS.

Section 1406 of the Implementing Recommendations of the

9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–

53) is amended—

(1) by redesignating subsection (m) as subsection (n); and

(2) by inserting after subsection (l) the following new sub-

section:

‘‘(m) P

ERIODS OF

ERFORMANCE

.—

‘‘(1) I

N GENERAL

.—Except as provided in paragraph (2),

funds provided pursuant to a grant awarded under this section

for a use specified in subsection (b) shall remain available

for use by a grant recipient for a period of not fewer than

36 months.

‘‘(2) E

XCEPTION

.—Funds provided pursuant to a grant

awarded under this section for a use specified in subparagraph

(M) or (N) of subsection (b)(1) shall remain available for use

by a grant recipient for a period of not fewer than 48 months.’’.

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135 STAT. 2419 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 6422. GAO REVIEW OF PUBLIC TRANSPORTATION SECURITY

ASSISTANCE GRANT PROGRAM.

(a) I

ENERAL

.—The Comptroller General of the United States

shall conduct a review of the public transportation security assist-

ance grant program under section 1406 of the Implementing Rec-

ommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135;

Public Law 110–53).

(b) S

COPE

.—The review required under paragraph (1) shall

include the following:

(1) An assessment of the type of projects funded under

the public transportation security grant program referred to

in such paragraph.

(2) An assessment of the manner in which such projects

address threats to public transportation infrastructure.

(3) An assessment of the impact, if any, of sections 5342

through 5345 (including the amendments made by this Act)

on types of projects funded under the public transportation

security assistance grant program.

(4) An assessment of the management and administration

of public transportation security assistance grant program

funds by grantees.

(5) Recommendations to improve the manner in which

public transportation security assistance grant program funds

address vulnerabilities in public transportation infrastructure.

(6) Recommendations to improve the management and

administration of the public transportation security assistance

grant program.

EPORT

.—Not later than one year after the date of the

enactment of this Act and again not later than five years after

such date of enactment, the Comptroller General of the United

States shall submit to the Committee on Homeland Security of

the House of Representatives and the Committee on Homeland

Security and Governmental Affairs of the Senate a report on the

review required under this section.

SEC. 6423. SENSITIVE SECURITY INFORMATION; AVIATION SECURITY.

(a) S

ENSITIVE

ECURITY

NFORMATION

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Administrator of the Transpor-

tation Security Administration (TSA) shall—

(A) ensure clear and consistent designation of ‘‘Sen-

sitive Security Information’’, including reasonable security

justifications for such designation;

(B) develop and implement a schedule to regularly

review and update, as necessary, TSA Sensitive Security

Information identification guidelines;

Security Information redaction and designation challenges;

(D) document justifications for changes in position

regarding Sensitive Security Information redactions and

designations, and make such changes accessible to TSA

personnel for use with relevant stakeholders, including air

carriers, airport operators, surface transportation opera-

tors, and State and local law enforcement, as necessary;

and

(E) ensure that TSA personnel are adequately trained

on appropriate designation policies.

Schedule.

Deadline.

6 USC 114 note.

Recommenda-

tions.

Recommenda-

tions.

Assessments.

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135 STAT. 2420 PUBLIC LAW 117–81—DEC. 27, 2021

(2) S

TAKEHOLDER OUTREACH

.—Not later than 180 days

after the date of the enactment of this Act, the Administrator

of the Transportation Security Administration (TSA) shall con-

duct outreach to relevant stakeholders described in paragraph

(1)(D) that regularly are granted access to Sensitive Security

Information to raise awareness of the TSA’s policies and guide-

lines governing the designation and use of Sensitive Security

Information.

(b) A

VIATION

ECURITY

.—

(1) I

N GENERAL

.—Not later than 60 days after the date

of the enactment of this Act, the Administrator of the Transpor-

tation Security Administration shall develop and implement

guidelines with respect to domestic and last point of departure

airports to—

(A) ensure the inclusion, as appropriate, of air carriers,

domestic airport operators, and other transportation secu-

rity stakeholders in the development and implementation

of security directives and emergency amendments;

(B) document input provided by air carriers, domestic

airport operators, and other transportation security stake-

holders during the security directive and emergency amend-

ment, development, and implementation processes;

the inclusion of feedback from air carriers, domestic airport

operators, and other transportation security stakeholders,

for cancelling or incorporating security directives and emer-

gency amendments into security programs;

(D) conduct engagement with foreign partners on the

implementation of security directives and emergency

amendments, as appropriate, including recognition if

existing security measures at a last point of departure

airport are found to provide commensurate security as

intended by potential new security directives and emer-

gency amendments; and

(E) ensure that new security directives and emergency

amendments are focused on defined security outcomes.

(2) B

RIEFING TO CONGRESS

.—Not later than 90 days after

the date of the enactment of this Act, the Administrator of

the Transportation Security Administration shall brief the Com-

mittee on Homeland Security of the House of Representatives

and the Committee on Commerce, Science, and Transportation

of the Senate on the guidelines described in paragraph (1).

(3) D

ECISIONS NOT SUBJECT TO JUDICIAL REVIEW

.—Notwith-

standing any other provision of law, any action of the Adminis-

trator of the Transportation Security Administration under

paragraph (1) is not subject to judicial review.

TITLE LXV—OTHER MATTERS

RELATING TO FOREIGN AFFAIRS

Sec. 6501. Authorization for United States Participation in the Coalition for Epi-

demic Preparedness Innovations.

Sec. 6502. Required notification and reports related to Peacekeeping Operations ac-

count.

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 tita-

nium industry.

Deadline.

Guidelines.

49 USC 114 note.

Deadline.

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135 STAT. 2421 PUBLIC LAW 117–81—DEC. 27, 2021

Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Il-

licit 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.

SEC. 6501. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN

THE COALITION FOR EPIDEMIC PREPAREDNESS INNOVA-

TIONS.

(a) I

ENERAL

.—The United States is authorized to participate

in the Coalition for Epidemic Preparedness Innovations (referred

to in this section as ‘‘CEPI’’).

(b) I

NVESTORS

OUNCIL AND

OARD OF

IRECTORS

.—

(1) I

NITIAL DESIGNATION

.—The President shall designate

an employee of the United States Agency for International

Development to serve on the Investors Council and, if nomi-

nated, on the Board of Directors of CEPI, as a representative

of the United States during the period beginning on the date

of such designation and ending on September 30, 2022.

(2) O

NGOING DESIGNATIONS

.—The President may designate

an employee of the relevant Federal department or agency

with fiduciary responsibility for United States contributions

to CEPI to serve on the Investors Council and, if nominated,

on the Board of Directors of CEPI, as a representative of

the United States.

(3) Q

UALIFICATIONS

.—Any employee designated pursuant

to paragraph (1) or (2) shall have demonstrated knowledge

and experience in the field of development and, if designated

from a Federal department or agency with primary fiduciary

responsibility for United States contributions pursuant to para-

graph (2), in the field of public health, epidemiology, or medi-

cine.

(4) C

OORDINATION

.—In carrying out the responsibilities

under this section, any employee designated pursuant to para-

graph (1) or (2) shall coordinate with the Secretary of Health

and Human Services to promote alignment, as appropriate,

between CEPI and the strategic objectives and activities of

the Secretary of Health and Human Services with respect to

the research, development, and procurement of medical counter-

measures, consistent with titles III and XXVIII of the Public

Health Service Act (42 U.S.C. 241 et seq. and 300hh et seq.).

ONSULTATION

.—Not later than 60 days after the date of

the enactment of this Act, the employee designated pursuant to

subsection (b)(1) shall consult with the Committee on Foreign Rela-

tions, the Committee on Appropriations, and the Committee on

Health, Education, Labor, and Pensions of the Senate and the

Committee on Foreign Affairs, the Committee on Appropriations,

and the Committee on Energy and Commerce of the House of

Representatives regarding—

(1) the manner and extent to which the United States

plans to participate in CEPI, including through the governance

of CEPI;

(2) any planned financial contributions from the United

States to CEPI; and

(3) how participation in CEPI is expected to support—

(A) the applicable revision of the National Biodefense

Strategy required under section 1086 of the National

Deadline.

Designation.

President.

22 USC 276c–5.

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135 STAT. 2422 PUBLIC LAW 117–81—DEC. 27, 2021

Defense Authorization Act for Fiscal Year 2017 (6 U.S.C.

104); and

(B) any other relevant programs relating to global

health security and biodefense.

SEC. 6502. REQUIRED NOTIFICATION AND REPORTS RELATED TO

PEACEKEEPING OPERATIONS ACCOUNT.

(a) C

ONGRESSIONAL

OTIFICATION

.—Not later than 15 days

prior to the obligation of amounts made available to provide assist-

ance pursuant to section 551 of the Foreign Assistance Act of

1961 (22 U.S.C. 2348), the Secretary of State shall submit to the

appropriate congressional committees a notification, in accordance

with the applicable procedures under section 634A of such Act

(22 U.S.C. 2394–1), that includes, with respect to such assistance,

the following:

(1) An itemized identification of each foreign country or

entity the capabilities of which the assistance is intended to

support.

(2) An identification of the amount, type, and purpose

of assistance to be provided to each such country or entity.

(3) An assessment of the capacity of each such country

or entity to effectively implement, benefit from, or use the

assistance to be provided for the intended purpose identified

under paragraph (2).

(4) A description of plans to encourage and monitor adher-

ence to international human rights and humanitarian law by

the foreign country or entity receiving the assistance.

(5) An identification of any implementers, including third

party contractors or other such entities, and the anticipated

timeline for implementing any activities to carry out the assist-

ance.

(6) As applicable, a description of plans to sustain and

account for any military or security equipment and subsistence

funds provided as an element of the assistance beyond the

date of completion of such activities, including the estimated

cost and source of funds to support such sustainment.

(7) An assessment of how such activities promote the fol-

lowing:

(A) The diplomatic and national security objectives of

the United States.

(B) The objectives and regional strategy of the country

or entity receiving the assistance.

promotion of good governance, rule of law, the protection

of civilians, and human rights.

(D) The peacekeeping capabilities of partner countries

of the country or entity receiving the assistance, including

an explanation if such activities do not support peace-

keeping.

(8) An assessment of the possible impact of such activities

on local political and social dynamics, including a description

of any consultations with local civil society.

(b) R

EPORTS ON

ROGRAMS

NDER

EACEKEEPING

PERATIONS

CCOUNT

.—

(1) A

NNUAL REPORT

.—Not later than 90 days after the

enactment of this Act, and annually thereafter for 5 years,

Time period.

Assessment.

Deadline.

22 USC 2348

note.

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135 STAT. 2423 PUBLIC LAW 117–81—DEC. 27, 2021

the Secretary of State shall submit to the appropriate congres-

sional committees a report on any security assistance made

available, during the three fiscal years preceding the date on

which the report is submitted, to foreign countries that received

assistance authorized under section 551 of the Foreign Assist-

ance Act of 1961 (22 U.S.C. 2348) for any of the following

purposes:

(A) Building the capacity of the foreign military, border

security, or law enforcement entities, of the country.

(B) Strengthening the rule of law of the country.

ment within the country.

(2) M

ATTERS

.—Each report under paragraph (1) shall

include, with respect to each foreign country that has received

assistance as specified in such paragraph, the following:

(A) An identification of the authority used to provide

such assistance and a detailed description of the purpose

of assistance provided.

(B) An identification of the amount of such assistance

and the program under which such assistance was pro-

vided.

equipment provided to the country as an element of such

assistance beyond the date of completion of the assistance,

including the estimated cost and source of funds to support

such sustainment.

(D) An assessment of the impact of such assistance

on the peacekeeping capabilities and security situation of

the country, including with respect to the levels of conflict

and violence, the local, political, and social dynamics, and

the human rights record, of the country.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Foreign Relations of the Senate and

the Committee on Foreign Affairs of the House of Representa-

tives; and

(2) the Committees on Appropriations of the Senate and

of the House of Representatives.

SEC. 6503. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND

PREVENTION.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

some INTERPOL member countries have repeatedly misused

INTERPOL’s databases and processes, including Notice and Diffu-

sion mechanisms, to conduct activities of an overtly political or

other unlawful character and in violation of international human

rights standards, including by making requests to harass or per-

secute political opponents, human rights defenders, or journalists.

(b) S

UPPORT FOR

INTERPOL I

NSTITUTIONAL

EFORMS

.—The

Attorney General and the Secretary of State shall—

(1) use the voice, vote, and influence of the United States,

as appropriate, within INTERPOL’s General Assembly and

Executive Committee to promote reforms aimed at improving

the transparency of INTERPOL and ensuring its operation

consistent with its Constitution, particularly articles 2 and

3, and Rules on the Processing of Data, including—

22 USC 263b.

Assessment.

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135 STAT. 2424 PUBLIC LAW 117–81—DEC. 27, 2021

(A) supporting INTERPOL’s reforms enhancing the

screening process for Notices, Diffusions, and other

INTERPOL communications to ensure they comply with

INTERPOL’s Constitution and Rules on the Processing of

Data (RPD);

(B) supporting and strengthening INTERPOL’s

coordination with the Commission for Control of

INTERPOL’s Files (CCF) in cases in which INTERPOL

or the CCF has determined that a member country issued

a Notice, Diffusion, or other INTERPOL communication

against an individual in violation of articles 2 or 3 of

the INTERPOL Constitution, or the RPD, to prohibit such

member country from seeking the publication or issuance

of any subsequent Notices, Diffusions, or other INTERPOL

communication against the same individual based on the

same set of claims or facts;

funding to the CCF and the Notices and Diffusions Task

Force in order to further expand operations related to

the review of requests for red notices and red diffusions;

(D) supporting candidates for positions within

INTERPOL’s structures, including the Presidency, Execu-

tive Committee, General Secretariat, and CCF who have

demonstrated experience relating to and respect for the

rule of law;

(E) seeking to require INTERPOL in its annual report

to provide a detailed account, disaggregated by member

country or entity of—

(i) the number of Notice requests, disaggregated

by color, that it received;

(ii) the number of Notice requests, disaggregated

by color, that it rejected;

(iii) the category of violation identified in each

instance of a rejected Notice;

(iv) the number of Diffusions that it cancelled with-

out reference to decisions by the CCF; and

(v) the sources of all INTERPOL income during

the reporting period; and

(F) supporting greater transparency by the CCF in

its annual report by providing a detailed account,

disaggregated by country, of—

(i) the number of admissible requests for correction

or deletion of data received by the CCF regarding

issued Notices, Diffusions, and other INTERPOL

communications; and

(ii) the category of violation alleged in each such

complaint;

(2) inform the INTERPOL General Secretariat about

incidents in which member countries abuse INTERPOL commu-

nications for politically motivated or other unlawful purposes

so that, as appropriate, action can be taken by INTERPOL;

and

(3) request to censure member countries that repeatedly

abuse and misuse INTERPOL’s red notice and red diffusion

mechanisms, including restricting the access of those countries

to INTERPOL’s data and information systems.

EPORT ON

INTERPOL.—

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135 STAT. 2425 PUBLIC LAW 117–81—DEC. 27, 2021

(1) I

N GENERAL

.—Not later than 180 days after the date

of enactment of this Act, and biannually thereafter for a period

of 4 years, the Attorney General and the Secretary of State,

in consultation with the heads of other relevant United States

Government departments or agencies, shall submit to the

appropriate committees of Congress a report containing an

assessment of how INTERPOL member countries abuse

INTERPOL Red Notices, Diffusions, and other INTERPOL

communications for political motives and other unlawful pur-

poses within the past three years.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following elements:

(A) A list of countries that the Attorney General and

the Secretary determine have repeatedly abused and mis-

used the red notice and red diffusion mechanisms for polit-

ical purposes.

(B) A description of the most common tactics employed

by member countries in conducting such abuse, including

the crimes most commonly alleged and the INTERPOL

communications most commonly exploited.

mechanisms for challenging abusive requests, including the

Commission for the Control of INTERPOL’s Files (CCF),

an assessment of the CCF’s March 2017 Operating Rules,

and any shortcoming the United States believes should

be addressed.

(D) A description of how INTERPOL’s General Secre-

tariat identifies requests for red notice or red diffusions

that are politically motivated or are otherwise in violation

of INTERPOL’s rules and how INTERPOL reviews and

addresses cases in which a member country has abused

or misused the red notice and red diffusion mechanisms

for overtly political purposes.

(E) A description of any incidents in which the Depart-

ment of Justice assesses that United States courts and

executive departments or agencies have relied on

INTERPOL communications in contravention of existing

law or policy to seek the detention of individuals or render

judgments concerning their immigration status or requests

for asylum, with holding of removal, or convention against

torture claims and any measures the Department of Justice

or other executive departments or agencies took in response

to these incidents.

(F) A description of how the United States monitors

and responds to likely instances of abuse of INTERPOL

communications by member countries that could affect the

interests of the United States, including citizens and

nationals of the United States, employees of the United

States Government, aliens lawfully admitted for permanent

residence in the United States, aliens who are lawfully

present in the United States, or aliens with pending

asylum, withholding of removal, or convention against tor-

ture claims, though they may be unlawfully present in

the United States.

Assessment.

List.

Determination.

Time period.

Consultation.

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135 STAT. 2426 PUBLIC LAW 117–81—DEC. 27, 2021

(G) A description of what actions the United States

takes in response to credible information it receives con-

cerning likely abuse of INTERPOL communications tar-

geting employees of the United States Government for

activities they undertook in an official capacity.

(H) A description of United States advocacy for reform

and good governance within INTERPOL.

(I) A strategy for improving interagency coordination

to identify and address instances of INTERPOL abuse that

affect the interests of the United States, including inter-

national respect for human rights and fundamental free-

doms, citizens and nationals of the United States,

employees of the United States Government, aliens lawfully

admitted for permanent residence in the United States,

aliens who are lawfully present in the United States, or

aliens with pending asylum, withholding of removal, or

convention against torture claims, though they may be

unlawfully present in the United States.

(3) F

ORM OF REPORT

.—Each report required under this

subsection shall be submitted in unclassified form, but may

include a classified annex, as appropriate. The unclassified

portion of the report shall be posted on a publicly available

website of the Department of State and of the Department

of Justice.

(4) B

RIEFING

.—Not later than 30 days after the submission

of each report under paragraph (1), the Department of Justice

and the Department of State, in coordination with other rel-

evant United States Government departments and agencies,

shall brief the appropriate committees of Congress on the con-

tent of the reports and recent instances of INTERPOL abuse

by member countries and United States efforts to identify and

challenge such abuse, including efforts to promote reform and

good governance within INTERPOL.

(d) P

ROHIBITION

EGARDING

ASIS FOR

XTRADITION

.—No

United States Government department or agency may extradite

an individual based solely on an INTERPOL Red Notice or Diffusion

issued by another INTERPOL member country for such individual.

(e) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the Committee on Foreign Relations and the Com-

mittee on the Judiciary of the Senate; and

(B) the Committee on Foreign Affairs and the Com-

mittee on the Judiciary of the House of Representatives.

(2) INTERPOL

COMMUNICATIONS

.—The term ‘‘INTERPOL

communications’’ means any INTERPOL Notice or Diffusion

or any entry into any INTERPOL database or other communica-

tions system maintained by INTERPOL.

SEC. 6504. HUMAN RIGHTS AWARENESS FOR AMERICAN ATHLETIC

DELEGATIONS.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

individuals representing the United States at international athletic

competitions in foreign countries should have the opportunity to

be informed about human rights and security concerns in such

countries and how best to safeguard their personal security and

privacy.

22 USC 2656k.

Deadline.

Coordination.

Public

information.

Web posting.

Strategy.

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135 STAT. 2427 PUBLIC LAW 117–81—DEC. 27, 2021

(b) I

ENERAL

.—

(1) I

N GENERAL

.—Not later than 120 days after the date

of the enactment of this Act, the Secretary of State shall devise

and implement a strategy for disseminating briefing materials,

including information described in subsection (c), to individuals

representing the United States at international athletic com-

petitions in a covered country.

(2) T

IMING AND FORM OF MATERIALS

.—

(A) I

N GENERAL

.—The briefing materials referred to

in paragraph (1) shall be offered not later than 180 days

prior to the commencement of an international athletic

competition in a covered country.

(B) F

ORM OF DELIVERY

.—Briefing materials related to

the human rights record of covered countries may be deliv-

ered electronically or disseminated in person, as appro-

priate.

PECIAL CONSIDERATION

.—Information briefing

materials related to personal security risks may be offered

electronically, in written format, by video teleconference,

or prerecorded video.

(3) C

ONSULTATIONS

.—In devising and implementing the

strategy required under paragraph (1), the Secretary of State

shall consult with the following:

(A) The Committee on Foreign Affairs of the House

of Representatives and the Committee on Foreign Relations

in the Senate, not later than 90 days after the date of

the enactment of this Act.

(B) Leading human rights nongovernmental organiza-

tions and relevant subject-matter experts in determining

the content of the briefings required under this subsection.

mittee and the national governing bodies of amateur sports

that play a role in determining which individuals represent

the United States in international athletic competitions,

regarding the most appropriate and effective method to

disseminate briefing materials.

ONTENT OF

RIEFINGS

.—The briefing materials required

under subsection (b) shall include, with respect to a covered country

hosting an international athletic competition in which individuals

may represent the United States, the following:

(1) Information on the human rights concerns present in

such covered country, as described in the Department of State’s

Annual Country Reports on Human Rights Practices.

(2) Information, as applicable, on risks such individuals

may face to their personal and digital privacy and security,

and recommended measures to safeguard against certain forms

of foreign intelligence targeting, as appropriate.

(d) C

OVERED

OUNTRY

EFINED

.—In this section, the term

‘‘covered country’’ means, with respect to a country hosting an

international athletic competition in which individuals representing

the United States may participate, any of the following:

(1) Any Communist country specified in subsection (f) of

section 620 of the Foreign Assistance Act of 1961 (22 U.S.C.

2370(f)).

(2) Any country ranked as a Tier 3 country in the most

recent Department of State’s annual Trafficking in Persons

Report.

Deadline.

Strategy.

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135 STAT. 2428 PUBLIC LAW 117–81—DEC. 27, 2021

(3) Any other country the Secretary of State determines

presents serious human rights concerns for the purpose of

informing such individuals.

(4) Any country the Secretary of State, in consultation

with other cabinet officials as appropriate, determines presents

a serious counterintelligence risk.

SEC. 6505. COOPERATION BETWEEN THE UNITED STATES AND

UKRAINE REGARDING THE TITANIUM INDUSTRY.

(a) S

TATEMENT OF

OLICY

.—It is the policy of the United States

to engage with the Government of Ukraine on cooperation in the

titanium industry as a potential alternative to Chinese and Russian

sources on which the United States and Europe currently depend.

(b) R

EPORTING

EQUIREMENT

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of State shall

submit to the appropriate congressional committees a report that

describes the feasibility of utilizing titanium sources from Ukraine

as a potential alternative to Chinese and Russian sources.

ORM

.—The report required by subsection (b) shall be sub-

mitted in unclassified form, but may include a classified annex.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—In this section,

the term ‘‘appropriate congressional committees’’ means—

(1) the Committee on Foreign Relations and the Committee

on Armed Services of the Senate; and

(2) the Committee on Foreign Affairs and the Committee

on Armed Services of the House of Representatives.

SEC. 6506. UPDATES TO THE NATIONAL STRATEGY FOR COMBATING

TERRORIST AND OTHER ILLICIT FINANCING.

The Countering Russian Influence in Europe and Eurasia Act

of 2017 (22 U.S.C. 9501 et seq.) is amended—

(1) in section 261(b)(2)—

(A) by striking ‘‘2020’’ and inserting ‘‘2024’’; and

(B) by striking ‘‘2022’’ and inserting ‘‘2026’’;

(2) in section 262—

(A) in paragraph (1)—

(i) by striking ‘‘in the documents entitled ‘2015

National Money Laundering Risk Assessment’ and

‘2015 National Terrorist Financing Risk Assessment’,’’

and inserting ‘‘in the documents entitled ‘2020 National

Strategy for Combating Terrorist and Other Illicit

Financing’ and ‘2022 National Strategy for Combating

Terrorist and Other Illicit Financing’ ’’; and

(ii) by striking ‘‘the broader counter terrorism

strategy of the United States’’ and inserting ‘‘the

broader counter terrorism and national security strate-

gies of the United States’’;

(B) in paragraph (6)—

(i) by striking ‘‘P

REVENTION OF ILLICIT FINANCE

’’

and inserting ‘‘

PREVENTION

DETECTION

AND DISRUP

TION OF ILLICIT FINANCE

’’;

(ii) by striking ‘‘private financial sector’’ and

inserting ‘‘private sector, including financial and other

relevant industries,’’; and

(iii) by striking ‘‘with regard to the prevention

and detection of illicit finance’’ and inserting ‘‘with

regard to the prevention, detection, and disruption of

illicit finance’’; and

131 Stat. 935.

131 Stat. 934.

22 USC 8902

note.

Consultation.

Determination.

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135 STAT. 2429 PUBLIC LAW 117–81—DEC. 27, 2021

cryptocurrencies, other methods that are computer, tele-

communications, or Internet-based, cyber crime,’’.

SEC. 6507. REPORT ON NET WORTH OF SYRIAN PRESIDENT BASHAR

AL-ASSAD.

(a) I

ENERAL

.—Not later than 120 days after the date of

the enactment of this Act, the Secretary of State shall submit

to the Committee on Foreign Affairs of the House of Representatives

and the Committee on Foreign Relations of the Senate a report

on the estimated net worth and known sources of income of Syrian

President Bashar al-Assad and his family members (including

spouse, children, siblings, and paternal and maternal cousins),

including income from corrupt or illicit activities and including

assets, investments, other business interests, and relevant beneficial

ownership information.

(b) F

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form, but may contain a classified annex

if necessary. The unclassified portion of such report shall be made

available on a publicly available internet website of the Federal

Government.

SEC. 6508. ANNUAL REPORT ON UNITED STATES POLICY TOWARD

SOUTH SUDAN.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the signatories to the Revitalized Agreement on the

Resolution of the Conflict in the Republic of South Sudan,

signed on September 12, 2018, have delayed implementation,

leading to continued conflict and instability in South Sudan;

(2) despite years of fighting, 2 peace agreements, punitive

actions by the international community, and widespread suf-

fering among civilian populations, the leaders of South Sudan

have failed to build sustainable peace;

(3) the United Nations arms embargo on South Sudan,

most recently extended by 1 year to May 31, 2022, through

United Nations Security Council Resolution 2577 (2021), is

necessary to stem the illicit transfer and destabilizing accumu-

lation and misuse of small arms and light weapons in perpetua-

tion of the conflict in South Sudan;

(4) the United States should call on other member states

of the United Nations to redouble efforts to enforce the United

Nations arms embargo on South Sudan; and

(5) the United States, through the United States Mission

to the United Nations, should use its voice and vote in the

United Nations Security Council in favor of maintaining the

United Nations arms embargo on South Sudan until—

(A) the Revitalized Agreement on the Resolution of

the Conflict in the Republic of South Sudan is fully imple-

mented; or

(B) credible, fair, and transparent democratic elections

are held in South Sudan.

(b) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act and annually thereafter for 5

years, the Secretary of State, in consultation with the Adminis-

trator of the United States Agency for International Develop-

ment and the heads of other Federal department and agencies

as necessary, shall submit to the appropriate congressional

Time period.

Consultation.

Public

information.

Web posting.

131 Stat. 936.

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135 STAT. 2430 PUBLIC LAW 117–81—DEC. 27, 2021

committees a report on United States policy toward South

Sudan, including the most recent approved interagency strategy

developed to address political, security, and humanitarian

issues prevalent in the country since it gained independence

from Sudan in July 2011.

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include the following:

(A) An assessment of the situation in South Sudan,

including the role of South Sudanese government officials

in intercommunal violence, corruption, and obstruction of

the peace process.

(B) An assessment of the status of the implementation

of the 2018 R-ARCSS and the ongoing peace processes.

and other efforts to support peace processes in South

Sudan, including an assessment of the efficacy of stake-

holder engagement and United States assistance to advance

peacebuilding, conflict mitigation, and other related activi-

ties.

(D) An assessment of the United Nations Mission in

South Sudan capacity and progress in fulfilling its mandate

over the last 3 fiscal years.

(E) A detailed description of United States funding

for emergency and non-emergency humanitarian and

development assistance to South Sudan, as well as support

provided to improve anti-corruption and fiscal transparency

efforts in South Sudan over the last 5 fiscal years.

(F) A summary of United States efforts to promote

accountability for human rights abuses and an assessment

of efforts by the Government of South Sudan and the

African Union, respectively, to hold responsible parties

accountable.

(G) Analysis of the impact of domestic and inter-

national sanctions on deterring and combating corruption,

mitigating and reducing conflict, and holding those respon-

sible for human rights abuses accountable.

(H) An assessment of the prospects for, and impedi-

ments to, holding credible general elections.

(3) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form and posted to a website of the

Department of State, may include a classified annex, and shall

be accompanied by a briefing as determined necessary.

RIEFING

.—Not later than 90 days after the date of the

enactment of this Act and annually thereafter for 2 years, the

Secretary of the Treasury, in consultation with the Secretary of

State and the heads of other Federal department and agencies

as necessary, shall brief the appropriate congressional committees

on United States efforts, including assistance provided by the

Department of Treasury and United States law enforcement and

intelligence communities, to detect and deter money laundering

and counter illicit financial flows, trafficking in persons, weapons,

and other illicit goods, and the financing of terrorists and armed

groups. Such briefing shall be provided in unclassified setting and

may include a classified briefing as determined necessary.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

Deadline.

Time period.

Consultation.

Web posting.

Briefing.

Analysis.

Summary.

Time period.

Assessments.

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135 STAT. 2431 PUBLIC LAW 117–81—DEC. 27, 2021

(1) the Committee on Foreign Relations, the Committee

on Banking, and the Committee on Appropriations of the

Senate;

(2) the Committee on Foreign Affairs, the Committee on

Financial Services, and the Committee on Appropriations of

the House of Representatives.

SEC. 6509. STRATEGY FOR ENGAGEMENT WITH SOUTHEAST ASIA AND

ASEAN.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of State, in consultation

with the heads of other Federal departments and agencies as appro-

priate, shall develop and submit to the appropriate congressional

committees a comprehensive strategy for engagement with South-

east Asia and the Association of Southeast Asian Nations (ASEAN).

(b) M

ATTERS

NCLUDED

.—The strategy required by sub-

section (a) shall include the following:

(1) A statement of enduring United States interests in

Southeast Asia and a description of efforts to bolster the

effectiveness of ASEAN.

(2) A description of efforts to—

(A) deepen and expand Southeast Asian alliances, part-

nerships, and multilateral engagements, including efforts

to expand broad based and inclusive economic growth, secu-

rity ties, security cooperation and interoperability, economic

connectivity, and expand opportunities for ASEAN to work

with other like-minded partners in the region; and

(B) encourage like-minded partners outside of the Indo-

Pacific region to engage with ASEAN.

(3) A summary of initiatives across the whole of the United

States Government to strengthen the United States partnership

with Southeast Asian nations and ASEAN, including to promote

broad based and inclusive economic growth, trade, investment,

energy innovation and sustainability, public-private partner-

ships, physical and digital infrastructure development, edu-

cation, disaster management, public health and global health

security, and economic, political, and public diplomacy in South-

east Asia.

(4) A summary of initiatives across the whole of the United

States Government to enhance the capacity of Southeast Asian

nations with respect to enforcing international law and multi-

lateral sanctions, and initiatives to cooperate with ASEAN as

an institution in these areas.

(5) A summary of initiatives across the whole of the United

States Government to promote human rights and democracy,

to strengthen the rule of law, civil society, and transparent

governance, to combat disinformation and to protect the integ-

rity of elections from outside influence.

(6) A summary of initiatives to promote security cooperation

and security assistance within Southeast Asian nations,

including—

(A) maritime security and maritime domain awareness

initiatives for protecting the maritime commons and sup-

porting international law and freedom of navigation in

the South China Sea; and

Statement.

Summaries.

Deadline.

Consultation.

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135 STAT. 2432 PUBLIC LAW 117–81—DEC. 27, 2021

(B) efforts to combat terrorism, human trafficking,

piracy, and illegal fishing, and promote more open, reliable

routes for sea lines of communication.

ISTRIBUTION OF

TRATEGY

.—For the purposes of assuring

allies and partners in Southeast Asia and deepening United States

engagement with ASEAN, the Secretary of State shall direct each

United States chief of mission to ASEAN and its member states

to distribute the strategy required by subsection (a) to host govern-

ments.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Foreign Affairs and the Committee

on Armed Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee

on Armed Services of the Senate.

SEC. 6510. SUPPORTING DEMOCRACY IN BURMA.

(a) D

EFINED

ERM

.—In this section, the term ‘‘appropriate

congressional committees’’ means—

(1) the Committee on Foreign Relations of the Senate;

(2) the Committee on Foreign Affairs of the House of Rep-

resentatives;

(3) the Committee on Appropriations of the Senate;

(4) the Committee on Appropriations of the House of Rep-

resentatives;

(5) the Committee on Armed Services of the Senate;

(6) the Committee on Armed Services of the House of

Representatives;

(7) the Committee on Banking, Housing, and Urban Affairs

of the Senate; and

(8) the Committee on Financial Services of the House of

Representatives.

(b) B

RIEFING

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 60 days after the date

of the enactment of this Act, the following officials shall jointly

brief the appropriate congressional committees regarding

actions taken by the United States Government to further

United States policy and security objectives in Burma (officially

known as the ‘‘Republic of the Union of Myanmar’’):

(A) The Assistant Secretary of State for East Asian

and Pacific Affairs.

(B) The Counselor of the Department of State.

and Financial Intelligence.

(D) The Assistant to the Administrator for the Bureau

for Conflict Prevention and Stabilization.

(E) Additional officials from the Department of Defense

or the Intelligence Community, as appropriate.

(2) I

NFORMATION REQUIRED

.—The briefing required under

paragraph (1) shall include—

(A) a detailed description of the specific United States

policy and security objectives in Burma;

(B) information about any actions taken by the United

States, either directly or in coordination with other coun-

tries—

Deadline.

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135 STAT. 2433 PUBLIC LAW 117–81—DEC. 27, 2021

(i) to support and legitimize the National Unity

Government of the Republic of the Union of Myanmar,

The Civil Disobedience Movement in Myanmar, and

other entities promoting democracy in Burma, while

simultaneously denying legitimacy and resources to

the Myanmar’s military junta;

(ii) to impose costs on Myanmar’s military junta,

including—

(I) an assessment of the impact of existing

United States and international sanctions; and

(II) a description of potential prospects for

additional sanctions;

(iii) to secure the restoration of democracy, the

establishment of inclusive and representative civilian

government, with a reformed military reflecting the

diversity of Burma and under civilian control, and

the enactment of constitutional, political, and economic

reform in Burma;

(iv) to secure the unconditional release of all polit-

ical prisoners in Burma;

(v) to promote genuine national reconciliation

among Burma’s diverse ethnic and religious groups;

(vi) to ensure accountability for atrocities, human

rights violations, and crimes against humanity com-

mitted by Myanmar’s military junta; and

(vii) to avert a large-scale humanitarian disaster;

assistance programs in Burma, including—

(i) humanitarian assistance for affected popu-

lations, including internally displaced persons and

efforts to mitigate humanitarian and health crises in

neighboring countries and among refugee populations;

(ii) democracy assistance, including support to the

National Unity Government of the Republic of the

Union of Myanmar and civil society groups in Burma;

(iii) economic assistance; and

(iv) global health assistance, including COVID–

19 relief; and

(D) a description of the strategic interests in Burma

of the People’s Republic of China and the Russian Federa-

tion, including—

(i) access to natural resources and lines of commu-

nications to sea routes; and

(ii) actions taken by such countries—

(I) to support Myanmar’s military junta in

order to preserve or promote such interests;

(II) to undermine the sovereignty and terri-

torial integrity of Burma; and

(III) to promote ethnic conflict within Burma.

LASSIFICATION AND

ORMAT

.—The briefing required under

subsection (b)—

(1) shall be provided in an unclassified setting; and

(2) may be accompanied by a separate classified briefing,

as appropriate.

Update.

Assessment.

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135 STAT. 2434 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 6511. UNITED STATES GRAND STRATEGY WITH RESPECT TO

CHINA.

(a) S

TRATEGY

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 30 days after the date

on which the President first submits to Congress a national

security strategy under section 108 of the National Security

Act of 1947 (50 U.S.C. 3043) after the date of the enactment

of this Act, the President shall commence developing a com-

prehensive report that articulates the strategy of the United

States with respect to the People’s Republic of China (in this

section referred to as the ‘‘China Strategy’’) that builds on

the work of such national security strategy.

(2) S

UBMITTAL

.—Not later than 270 days after the date

on which the President first submits to Congress a national

security strategy under section 108 of the National Security

Act of 1947 (50 U.S.C. 3043) after the date of the enactment

of this Act, the President shall submit to Congress the China

Strategy developed under paragraph (1).

(3) F

ORM

.—The China Strategy shall be submitted in classi-

fied form and shall include an unclassified summary.

(b) C

ONTENTS

.—The China Strategy developed under subsection

(a) shall set forth the national security strategy of the United

States with respect to the People’s Republic of China and shall

include a comprehensive description and discussion of the following:

(1) The strategy of the People’s Republic of China regarding

the military, economic, and political power of China in the

Indo-Pacific region and worldwide, including why the People’s

Republic of China has decided on such strategy and what

the strategy means for the long-term interests, values, goals,

and objectives of the United States.

(2) The worldwide interests, values, goals, and objectives

of the United States as they relate to geostrategic and

geoeconomic competition with the People’s Republic of China.

(3) The foreign and economic policy, worldwide commit-

ments, and national defense capabilities of the United States

necessary to deter aggression and to implement the national

security strategy of the United States as they relate to the

new era of competition with the People’s Republic of China.

(4) How the United States will exercise the political, eco-

nomic, military, diplomatic, and other elements of its national

power to protect or advance its interests and values and achieve

the goals and objectives referred to in paragraph (1).

(5) The adequacy of the capabilities of the United States

Government to carry out the national security strategy of the

United States within the context of new and emergent chal-

lenges to the international order posed by the People’s Republic

of China, including an evaluation—

(A) of the balance among the capabilities of all elements

of national power of the United States; and

(B) the balance of all United States elements of

national power in comparison to equivalent elements of

national power of the People’s Republic of China.

(6) The assumptions and end-state or end-states of the

strategy of the United States globally and in the Indo-Pacific

region with respect to the People’s Republic of China.

(7) Such other information as the President considers nec-

essary to help inform Congress on matters relating to the

Evaluation.

Classified

information.

Summary.

Deadlines.

President.

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135 STAT. 2435 PUBLIC LAW 117–81—DEC. 27, 2021

national security strategy of the United States with respect

to the People’s Republic of China.

DVISORY

OARD ON

NITED

TATES

RAND

TRATEGY

ITH

ESPECT TO

HINA

.—

(1) E

STABLISHMENT

.—The President may establish in the

executive branch an advisory board to be known as the

‘‘Advisory Board on United States Grand Strategy with respect

to China’’ (in this section referred to as the ‘‘Board’’).

(2) P

URPOSE

.—The purpose of the Board is to convene

outside experts to advise the President on development of the

China Strategy.

(3) D

UTIES

.—

(A) R

EVIEW

.—The Board shall review the current

national security strategy of the United States with respect

to the People’s Republic of China, including assumptions,

capabilities, strategy, and end-state or end-states.

(B) A

SSESSMENT AND RECOMMENDATIONS

.—The Board

shall analyze the United States national security strategy

with respect to the People’s Republic of China, including

challenging its assumptions and approach, and make rec-

ommendations to the President for the China Strategy.

LASSIFIED BRIEFING

.—

(i) I

N GENERAL

.—Not later than 30 days after the

date on which the President submits the China

Strategy to Congress under subsection (a)(2), the Board

shall provide the appropriate congressional committees

a classified briefing on its review, assessment, and

recommendations.

(ii) A

PPROPRIATE CONGRESSIONAL COMMITTEES

DEFINED

.—In this subparagraph, the term ‘‘appropriate

congressional committees’’ means—

(I) the congressional defense committees;

(II) the Committee on Foreign Relations and

the Select Committee on Intelligence of the Senate;

and

(III) the Committee on Foreign Affairs and

the Permanent Select Committee on Intelligence

of the House of Representatives.

(4) C

OMPOSITION

.—

(A) R

ECOMMENDATIONS

.—Not later than 30 days after

the date on which the President first submits to Congress

a national security strategy under section 108 of the

National Security Act of 1947 (50 U.S.C. 3043) after the

date of the enactment of this Act, the majority leader

of the Senate, the minority leader of the Senate, the

Speaker of the House of Representatives, and the minority

leader of the House of Representatives shall each provide

to the President 2 candidates for membership on the Board,

at least 1 of whom shall be an individual in the private

sector and 1 of whom shall be an individual in academia

or employed by a nonprofit research institution.

(B) M

EMBERSHIP

.—The Board shall be composed of

9 members appointed by the President as follows:

(i) The National Security Advisor or such other

designee as the President considers appropriate, such

as the Asia Coordinator from the National Security

Council.

Deadline.

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135 STAT. 2436 PUBLIC LAW 117–81—DEC. 27, 2021

(ii) Four shall be selected from among individuals

in the private sector.

(iii) Four shall be selected from among individuals

in academia or employed by a nonprofit research

institution.

(iv) Two members shall be selected from among

individuals included in the list submitted by the

majority leader of the Senate under subparagraph (A),

of whom—

(I) one shall be selected from among individ-

uals in the private sector; and

(II) one shall be selected from among individ-

uals in academia or employed by a nonprofit

research institution.

(v) Two members shall be selected from among

individuals included in the list submitted by the

minority leader of the Senate under subparagraph (A),

of whom—

(I) one shall be selected from among individ-

uals in the private sector; and

(II) one shall be selected from among individ-

uals in academia or employed by a nonprofit

research institution.

(vi) Two members shall be selected from among

individuals included in the list submitted by the

Speaker of the House of Representatives under

subparagraph (A), or whom—

(I) one shall be selected from among individ-

uals in the private sector; and

(II) one shall be selected from among individ-

uals in academia or employed by a nonprofit

research institution.

(vii) Two members shall be selected from among

individuals included in the list submitted by the

minority leader of the House of Representatives under

subparagraph (A), of whom—

(I) one shall be selected from among individ-

uals in the private sector; and

(II) one shall be selected from among individ-

uals in academia or employed by a nonprofit

research institution.

HAIRPERSON

.—The Chairperson of the Board shall

be the member of the Board appointed under subparagraph

(B)(i).

(D) N

ONGOVERNMENTAL MEMBERSHIP

;

PERIOD OF

APPOINTMENT

;

VACANCIES

.—

(i) N

ONGOVERNMENTAL MEMBERSHIP

.—Except in

the case of the Chairperson of the Board, an individual

appointed to the Board may not be an officer or

employee of an instrumentality of government.

(ii) P

ERIOD OF APPOINTMENT

.—Members shall be

appointed for the life of the Board.

(iii) V

ACANCIES

.—Any vacancy in the Board shall

be filled in the same manner as the original appoint-

ment.

(5) D

EADLINE FOR APPOINTMENT

.—Not later than 60 days

after the date on which the President first submits to Congress

President.

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135 STAT. 2437 PUBLIC LAW 117–81—DEC. 27, 2021

a national security strategy under section 108 of the National

Security Act of 1947 (50 U.S.C. 3043) after the date of the

enactment of this Act, the President shall—

(A) appoint the members of the Board pursuant to

paragraph (4); and

(B) submit to Congress a list of the members so

appointed.

(6) E

XPERTS AND CONSULTANTS

.—The Board is authorized

to procure temporary and intermittent services under section

3109 of title 5, United States Code, but at rates for individuals

not to exceed the daily equivalent of the maximum annual

rate of basic pay under level IV of the Executive Schedule

under section 5315 of title 5, United States Code.

(7) S

ECURITY CLEARANCES

.—The appropriate Federal

departments or agencies shall cooperate with the Board in

expeditiously providing to the Board members and experts and

consultants appropriate security clearances to the extent pos-

sible pursuant to existing procedures and requirements, except

that no person may be provided with access to classified

information under this Act without the appropriate security

clearances.

(8) R

ECEIPT

HANDLING

STORAGE

AND DISSEMINATION

.—

Information shall only be received, handled, stored, and

disseminated by members of the Board and any experts and

consultants consistent with all applicable statutes, regulations,

and Executive orders.

(9) U

NCOMPENSATED SERVICE

.—A member of the Board

who is not an officer or employee of the Federal Government

shall serve without compensation.

(10) C

OOPERATION FROM GOVERNMENT

.—In carrying out its

duties, the Board shall receive the full and timely cooperation

of the heads of relevant Federal departments and agencies

in providing the Board with analysis, briefings, and other

information necessary for the fulfillment of its responsibilities.

(11) T

ERMINATION

.—The Board shall terminate on the date

that is 60 days after the date on which the President submits

the China Strategy to Congress under subsection (a)(2).

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 reg-

istry 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 Implica-

tions 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.

Sec. 6609. Property disposition for affordable housing.

Sec. 6610. Blocking deadly fentanyl imports.

SEC. 6601. ELIGIBILITY OF CERTAIN INDIVIDUALS WHO SERVED WITH

SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN

LAOS FOR INTERMENT IN NATIONAL CEMETERIES.

(a) I

ENERAL

.—Section 2402(a)(10) of title 38, United States

Code, is amended—

Contracts.

List.

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135 STAT. 2438 PUBLIC LAW 117–81—DEC. 27, 2021

(1) by striking the period at the end and inserting ‘‘; or’’;

and

(2) by adding at the end the following new subparagraph:

‘‘(B) who—

‘‘(i) the Secretary determines served honorably

with a special guerrilla unit or irregular forces oper-

ating from a base in Laos in support of the Armed

Forces at any time during the period beginning on

February 28, 1961, and ending on May 7, 1975; and

‘‘(ii) at the time of the individual’s death—

‘‘(I) was a citizen of the United States or an

alien lawfully admitted for permanent residence

in the United States; and

‘‘(II) resided in the United States.’’.

(b) E

FFECTIVE

ATE

.—The amendments made by this section

shall have effect as if included in the enactment of section 251(a)

of title II of the Military Construction, Veterans Affairs, and Related

Agencies Appropriations Act, 2018 (division J of Public Law 115–

141; 132 Stat. 824).

SEC. 6602. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS

AFFAIRS OPEN BURN PIT REGISTRY TO INCLUDE OPEN

BURN PITS IN EGYPT AND SYRIA.

Section 201(c)(2) of the Dignified Burial and Other Veterans’

Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C.

527 note) is amended, in the matter before subparagraph (A), by

striking ‘‘or Uzbekistan’’ and inserting ‘‘, Uzbekistan, Egypt, or

Syria’’.

SEC. 6603. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDI-

NATOR.

(a) A

NOMALOUS

EALTH

NCIDENTS

NTERAGENCY

OORDI

NATOR

.—

(1) D

ESIGNATION

.—Not later than 30 days after the date

of the enactment of this Act, the President shall designate

an appropriate senior official to be known as the Anomalous

Health Incidents Interagency Coordinator (in this section

referred to as the ‘‘Interagency Coordinator’’).

(2) D

UTIES

.—The Interagency Coordinator, working

through the interagency national security process, shall, with

respect to anomalous health incidents—

(A) coordinate the response of the United States

Government to such incidents;

(B) coordinate among relevant Federal agencies to

ensure equitable and timely access to assessment and care

for affected United States Government personnel, depend-

ents of such personnel, and other appropriate individuals;

to such incidents for United States Government personnel;

(D) ensure that information regarding such incidents

is efficiently shared across relevant Federal agencies in

a manner that provides appropriate protections for classi-

fied, sensitive, and personal information;

(E) coordinate, in consultation with the Director of

the White House Office of Science and Technology Policy,

the technological and research efforts of the United States

Government to address suspected attacks presenting as

such incidents; and

Deadline.

President.

50 USC 3001

note.

38 USC 2402

note.

Determination.

Time period.

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135 STAT. 2439 PUBLIC LAW 117–81—DEC. 27, 2021

(F) develop policy options to prevent, mitigate, and

deter suspected attacks presenting as such incidents.

(b) D

ESIGNATION OF

GENCY

OORDINATION

EADS

.—

(1) D

ESIGNATION

;

RESPONSIBILITIES

.—The head of each rel-

evant agency shall designate an official appointed by the Presi-

dent, by and with the advice and consent of the Senate, or

other appropriate senior official, who shall—

(A) serve as the Anomalous Health Incident Agency

Coordination Lead (in this section referred to as the

‘‘Agency Coordination Lead’’) for the relevant agency con-

cerned;

(B) report directly to the head of such relevant agency

regarding activities carried out under this section;

and related to anomalous health incidents, consistent with

the directives of the Interagency Coordinator and the inter-

agency national security process;

(D) represent such relevant agency in meetings con-

vened by the Interagency Coordinator; and

(E) participate in interagency briefings to Congress

regarding the response of the United States Government

to anomalous health incidents, including briefings required

under subsection (c).

(2) D

ELEGATION PROHIBITED

.—An Agency Coordination

Lead may not delegate any of the responsibilities specified

in paragraph (1).

RIEFINGS

.—

(1) I

N GENERAL

.—Not later than 60 days after the date

of the enactment of this Act, and quarterly thereafter for the

following two years, the Agency Coordination Leads shall jointly

provide to the appropriate congressional committees a briefing

on progress made in carrying out the duties under subsection

(b)(2).

(2) E

LEMENTS

.—Each briefing required under paragraph

(1) shall include—

(A) an update on the investigation into anomalous

health incidents affecting United States Government per-

sonnel and dependents of such personnel, including tech-

nical causation and suspected perpetrators;

(B) an update on new or persistent anomalous health

incidents;

efforts with respect to anomalous health incidents, to

include personnel training;

(D) an identification of any changes to operational

posture as a result of anomalous health threats;

(E) an update on diagnosis and treatment efforts for

individuals affected by anomalous health incidents,

including patient numbers and wait times to access care;

(F) a description of efforts to improve and encourage

reporting of anomalous health incidents;

(G) a detailed description of the roles and responsibil-

ities of the Agency Coordination Leads;

(H) information regarding additional authorities or

resources needed to support the interagency response to

anomalous health incidents; and

Update.

Deadline.

Time period.

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135 STAT. 2440 PUBLIC LAW 117–81—DEC. 27, 2021

(I) such other matters as the Interagency Coordinator

or the Agency Coordination Leads may consider appro-

priate.

(3) U

NCLASSIFIED BRIEFING SUMMARY

.—

(A) I

N GENERAL

.—Not later than 60 days after the

date of the enactment of this Act, and quarterly thereafter

for the following two years, the Agency Coordination Leads

shall provide to the appropriate congressional committees

a coordinated written summary of the briefings provided

under paragraph (1).

(B) F

ORM

.—The summary under subparagraph (A)

shall be submitted in an unclassified form to the extent

practicable, consistent with the protection of intelligence

sources and methods.

(d) S

ECURE

EPORTING

ECHANISMS

.—Not later than 90 days

after the date of the enactment of this section, the Interagency

Coordinator shall ensure that the head of each relevant agency—

(1) develops a process to provide a secure mechanism for

personnel of the relevant agency concerned, the dependents

of such personnel, and other appropriate individuals, to self-

report any suspected exposure that could be an anomalous

health incident;

(2) shares all relevant data reported through such mecha-

nism in a timely manner with the Office of the Director of

National Intelligence and other relevant agencies, through

existing processes coordinated by the Interagency Coordinator;

and

(3) in developing the mechanism pursuant to paragraph

(1), prioritizes secure information collection and handling proc-

esses to protect classified, sensitive, and personal information.

(e) W

ORKFORCE

UIDANCE

.—

(1) D

EVELOPMENT AND DISSEMINATION

.—The President

shall direct the heads of the relevant agencies to develop and

disseminate to employees of such relevant agencies who are

determined to be at risk of exposure to anomalous health

incidents updated workforce guidance that describes, at a min-

imum—

(A) the threat posed by anomalous health incidents;

(B) known defensive techniques with respect to anoma-

lous health incidents; and

could be an anomalous health incident.

(2) D

EADLINE

.—The workforce guidance specified under

paragraph (1) shall be developed and disseminated pursuant

to such paragraph by not later than 60 days after the date

of the enactment of this Act.

(f) R

ULE OF

ONSTRUCTION

.—Nothing in this section, including

the designation of the Interagency Coordinator pursuant to sub-

section (a)(1), shall be construed to limit the authority of any

Federal agency to independently perform the authorized functions

of such agency.

(g) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to the Secretary of State $5,000,000 for fiscal

year 2022, to be used to—

(1) increase capacity and staffing for the Health Incident

Response Task Force of the Department of State;

President.

Deadline.

Time period.

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135 STAT. 2441 PUBLIC LAW 117–81—DEC. 27, 2021

(2) support the development and implementation of efforts

by the Department of State to prevent and mitigate anomalous

health incidents affecting the workforce of the Department;

(3) investigate and characterize the cause of anomalous

health incidents, including investigations of causation and

attribution;

(4) collect and analyze data related to anomalous health

incidents;

(5) coordinate with other relevant agencies and the

National Security Council regarding anomalous health

incidents; and

(6) support other activities to understand, prevent, deter,

and respond to suspected attacks presenting as anomalous

health incidents, at the discretion of the Secretary of State.

(h) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the Committees on Armed Services, Foreign Rela-

tions, Homeland Security and Governmental Affairs, the

Judiciary, and Appropriations, and the Select Committee

on Intelligence, of the Senate; and

(B) the Committees on Armed Services, Foreign Affairs,

Homeland Security, the Judiciary, and Appropriations, and

the Permanent Select Committee on Intelligence, of the

House of Representatives.

(2) The term ‘‘relevant Federal agencies’’ means—

(A) the Department of Defense;

(B) the Department of State;

(D) the Central Intelligence Agency;

(E) the Department of Justice;

(F) the Department of Homeland Security; and

(G) such other Federal departments or agencies as

may be designated by the Interagency Coordinator.

SEC. 6604. CHIEF HUMAN CAPITAL OFFICERS COUNCIL ANNUAL

REPORT.

Subsection (d) of section 1303 of the Homeland Security Act

of 2002 (Public Law 107–296; 5 U.S.C. 1401 note) is amended

to read as follows:

‘‘(d) A

NNUAL

EPORTS

.—

‘‘(1) I

N GENERAL

.—Each year, the Chief Human Capital

Officers Council shall submit to Congress a report that includes

the following:

‘‘(A) A description of the activities of the Council.

‘‘(B) A description of employment barriers that prevent

the agencies of its members from hiring qualified

applicants, including those for digital talent positions, and

recommendations for addressing the barriers that would

allow such agencies to more effectively hire qualified

applicants.

‘‘(2) P

UBLIC AVAILABILITY

.—Not later than 30 days after

the date on which the Council submits a report under para-

graph (1), the Director of the Office of Personnel Management

shall make the report publicly available on the website of

the Office of Personnel Management.’’.

Web posting.

Coordination.

Data.

Investigation.

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135 STAT. 2442 PUBLIC LAW 117–81—DEC. 27, 2021

SEC. 6605. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.

(a) S

ITE

.—Notwithstanding section 8908(c) of title 40, United

States Code, the National Global War on Terrorism Memorial

authorized by section 2(a) of the Global War on Terrorism War

Memorial Act (40 U.S.C. 8903 note; Public Law 115–51; 131 Stat.

1003) (referred to in this section as the ‘‘Memorial’’) shall be located

within the Reserve (as defined in section 8902(a) of title 40, United

States Code).

(b) A

PPLICABILITY OF

OMMEMORATIVE

ORKS

.—Except

as provided in subsection (a), chapter 89 of title 40, United States

Code (commonly known as the ‘‘Commemorative Works Act’’), shall

apply to the Memorial.

SEC. 6606. ESTABLISHMENT OF SUBCOMMITTEE ON THE ECONOMIC

AND SECURITY IMPLICATIONS OF QUANTUM INFORMA-

TION SCIENCE.

(a) E

STABLISHMENT

.—Title I of the National Quantum Initiative

Act (15 U.S.C. 8811 et seq.) is amended—

(1) by redesignating section 105 as section 106; and

(2) by inserting after section 104 the following new section:

‘‘SEC. 105. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY

IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.

‘‘(a) E

STABLISHMENT

.—The President shall establish, through

the National Science and Technology Council, the Subcommittee

on the Economic and Security Implications of Quantum Information

Science.

‘‘(b) M

EMBERSHIP

.—The Subcommittee shall include a rep-

resentative of—

‘‘(1) the Department of Energy;

‘‘(2) the Department of Defense;

‘‘(3) the Department of Commerce;

‘‘(4) the Department of Homeland Security;

‘‘(5) the Office of the Director of National Intelligence;

‘‘(6) the Office of Management and Budget;

‘‘(7) the Office of Science and Technology Policy;

‘‘(8) the Department of Justice;

‘‘(9) the National Science Foundation;

‘‘(10) the National Institute of Standards and Technology;

and

‘‘(11) such other Federal department or agency as the Presi-

dent considers appropriate.

‘‘(c) R

ESPONSIBILITIES

.—The Subcommittee shall—

‘‘(1) in coordination with the Director of the Office and

Management and Budget, the Director of the National Quantum

Coordination Office, and the Subcommittee on Quantum

Information Science, track investments of the Federal Govern-

ment in quantum information science research and develop-

ment;

‘‘(2) review and assess any economic or security implications

of such investments;

‘‘(3) review and assess any counterintelligence risks or other

foreign threats to such investments;

‘‘(4) recommend goals and priorities for the Federal Govern-

ment and make recommendations to Federal departments and

agencies and the Director of the National Quantum Coordina-

tion Office to address any counterintelligence risks or other

15 USC 8814a.

15 USC 8815.

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135 STAT. 2443 PUBLIC LAW 117–81—DEC. 27, 2021

foreign threats identified as a result of an assessment under

paragraph (3);

‘‘(5) assess the export of technology associated with

quantum information science and recommend to the Secretary

of Commerce and the Secretary of State export controls nec-

essary to protect the economic and security interests of the

United States as a result of such assessment;

‘‘(6) recommend to Federal departments and agencies

investment strategies in quantum information science that

advance the economic and security interest of the United States;

‘‘(7) recommend to the Director of National Intelligence

and the Secretary of Energy appropriate protections to address

counterintelligence risks or other foreign threats identified as

a result of the assessment under paragraph (3); and

‘‘(8) in coordination with the Subcommittee on Quantum

Information Science, ensure the approach of the United States

to investments of the Federal Government in quantum informa-

tion science research and development reflects a balance

between scientific progress and the potential economic and

security implications of such progress.

‘‘(d) T

ECHNICAL AND

DMINISTRATIVE

UPPORT

.—

‘‘(1) I

N GENERAL

.—The Secretary of Energy, the Director

of National Intelligence, and the Director of the National

Quantum Coordination Office may provide to the Subcommittee

personnel, equipment, facilities, and such other technical and

administrative support as may be necessary for the Sub-

committee to carry out the responsibilities of the Subcommittee

under this section.

‘‘(2) S

UPPORT RELATED TO CLASSIFIED INFORMATION

.—The

Director of the Office of Science and Technology Policy and

the Director of National Intelligence shall provide to the Sub-

committee technical and administrative support related to the

responsibilities of the Subcommittee that involve classified

information, including support related to sensitive compart-

mented information facilities and the storage of classified

information.’’.

(b) S

UNSET FOR

UBCOMMITTEE

.—

(1) I

NCLUSION IN SUNSET PROVISION

.—Such title is further

amended in section 106, as redesignated by subsection (a),

by striking ‘‘103, and 104’’ and inserting ‘‘103, 104, and 105’’.

(2) E

FFECTIVE DATE

.—The amendments made by subsection

(a) shall take effect as if included in the enactment of the

National Quantum Initiative Act (15 U.S.C. 8801 et seq.).

ONFORMING

MENDMENTS

.—The National Quantum Initia-

tive Act (15 U.S.C. 8801 et seq.) is further amended—

(1) in section 2, by striking paragraph (7) and inserting

the following new paragraphs:

‘‘(7) S

UBCOMMITTEE ON ECONOMIC AND SECURITY IMPLICA

TIONS

.—The term ‘Subcommittee on Economic and Security

Implications’ means the Subcommittee on the Economic and

Security Implications of Quantum Information Science estab-

lished under section 105(a).

‘‘(8) S

UBCOMMITTEE ON QUANTUM INFORMATION SCIENCE

.—

The term ‘Subcommittee on Quantum Information Science’

means the Subcommittee on Quantum Information Science of

the National Science and Technology Council established under

section 103(a).’’;

15 USC 8801.

15 USC 8814a

note.

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135 STAT. 2444 PUBLIC LAW 117–81—DEC. 27, 2021

(2) in section 102(b)(1)—

(A) in subparagraph (A), by striking ‘‘; and’’ and

inserting ‘‘on Quantum Information Science;’’;

(B) in subparagraph (B), by inserting ‘‘and’’ after the

semicolon; and

graph:

‘‘(C) the Subcommittee on Economic and Security

Implications;’’; and

(3) in section 104(d)(1), by striking ‘‘ and the Subcommittee’’

and inserting ‘‘, the Subcommittee on Quantum Information

Science, and the Subcommittee on Economic and Security

Implications’’.

(d) C

LERICAL

MENDMENT

.—The table of contents in section

1(b) of such Act is amended by striking the item relating to section

105 and inserting the following new items:

‘‘105. Subcommittee on the Economic and Security Implications of Quantum Infor-

mation Science.

‘‘106. Sunset.’’.

SEC. 6607. STUDY AND REPORT ON THE REDISTRIBUTION OF COVID–

19 VACCINE DOSES THAT WOULD OTHERWISE EXPIRE TO

FOREIGN COUNTRIES AND ECONOMIES.

(a) S

TUDY

.—

(1) I

N GENERAL

.—The Secretary of Health and Human

Services, in consultation with the Secretary of State and the

Administrator of the United States Agency for International

Development, shall conduct a study to identify and analyze

the logistical prerequisites for the collection of unused and

unexpired doses of the COVID–19 vaccine in the United States

and for the distribution of such doses to foreign countries

and economies.

(2) M

ATTERS STUDIED

.—The matters studied by the Sec-

retary of Health and Human Services under paragraph (1)

shall include—

(A) options for the collection of unused and unexpired

doses of the COVID–19 vaccine from entities in the United

States;

(B) methods for the collection and shipment of such

doses to foreign countries and economies;

handling of such doses during and following the distribution

and delivery of the doses to such countries and economies;

(D) the capacity and capability of foreign countries

and economies receiving such doses to distribute and

administer the doses while assuring their safety and

quality;

(E) the minimum supply of doses of the COVID–19

vaccine necessary to be retained within the United States;

and

(F) other Federal agencies with which the heads of

the relevant agencies should coordinate to accomplish the

tasks described in subparagraphs (A) through (E) and the

degree of coordination necessary between such agencies.

(b) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Health and Human

Consultation.

Analysis.

132 Stat. 5092.

15 USC 8814.

15 USC 8812.

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135 STAT. 2445 PUBLIC LAW 117–81—DEC. 27, 2021

Services, in consultation with the other heads of the relevant agen-

cies, shall submit to the appropriate congressional committees a

report on the results of the study conducted under subsection (a).

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Health, Education, Labor, and

Pensions, and the Committee on Foreign Relations of the

Senate; and

(B) the Committee on Energy and Commerce, and the

Committee on Foreign Affairs of the House of Representa-

tives.

(2) R

ELEVANT AGENCIES

.—The term ‘‘relevant agencies’’

means—

(A) the Department of Health and Human Services;

(B) the Department of State; and

Development.

SEC. 6608. CATAWBA INDIAN NATION LANDS.

(a) A

PPLICATION OF

URRENT

.—

(1) L

ANDS IN SOUTH CAROLINA

.—Section 14 of the Catawba

Indian Tribe of South Carolina Claims Settlement Act of 1993

(Public Law 103–116) shall only apply to gaming conducted

by the Catawba Indian Nation on lands located in South Caro-

lina.

(2) L

ANDS IN STATES OTHER THAN SOUTH CAROLINA

.—

Gaming conducted by the Catawba Indian Nation on lands

located in States other than South Carolina shall be subject

to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)

and sections 1166 through 1168 of title 18, United States Code.

(b) R

EAFFIRMATION OF

TATUS AND

CTIONS

.—

(1) R

ATIFICATION OF TRUST STATUS

.—The action taken by

the Secretary of the Interior on July 10, 2020, to place approxi-

mately 17 acres of land located in Cleveland County, North

Carolina, into trust for the benefit of the Catawba Indian

Nation is hereby ratified and confirmed as if that action had

been taken under a Federal law specifically authorizing or

directing that action.

(2) A

DMINISTRATION

.—The land placed into trust for the

benefit of the Catawba Indian Nation by the Secretary on

July 10, 2020, shall—

(A) be a part of the Catawba Reservation and adminis-

tered in accordance with the laws and regulations generally

applicable to land held in trust by the United States for

an Indian Tribe; and

(B) be deemed to have been acquired and taken into

trust as part of the restoration of lands for an Indian

tribe that is restored to Federal recognition pursuant to

section 20(b)(1)(B)(iii) of the Indian Gaming Regulatory

Act (25 U.S.C. 2719(b)(1)(B)(iii)).

(3) R

ULES OF CONSTRUCTION

.—Nothing in this section

shall—

(A) enlarge, impair, or otherwise affect any right or

claim of the Catawba Indian Nation to any land or interest

in land in existence before the date of the enactment of

this Act;

South Carolina.

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135 STAT. 2446 PUBLIC LAW 117–81—DEC. 27, 2021

(B) affect any water right of the Catawba Indian Nation

in existence before the date of the enactment of this Act;

right-of-way or right-of-use issued, granted, or permitted

before the date of the enactment of this Act; or

(D) alter or diminish the right of the Catawba Indian

Nation to seek to have additional land taken into trust

by the United States for the benefit of the Catawba Indian

Nation.

SEC. 6609. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.

Section 5334(h)(1) of title 49, United States Code, is amended

to read as follows:

‘‘(1) I

N GENERAL

.—If a recipient of assistance under this

chapter decides an asset acquired under this chapter at least

in part with that assistance is no longer needed for the purpose

for which such asset was acquired, the Secretary may authorize

the recipient to transfer such asset to—

‘‘(A) a local governmental authority to be used for

a public purpose with no further obligation to the Govern-

ment if the Secretary decides—

‘‘(i) the asset will remain in public use for at least

5 years after the date the asset is transferred;

‘‘(ii) there is no purpose eligible for assistance

under this chapter for which the asset should be used;

‘‘(iii) the overall benefit of allowing the transfer

is greater than the interest of the Government in liq-

uidation and return of the financial interest of the

Government in the asset, after considering fair market

value and other factors; and

‘‘(iv) through an appropriate screening or survey

process, that there is no interest in acquiring the asset

for Government use if the asset is a facility or land;

‘‘(B) a local governmental authority, nonprofit organiza-

tion, or other third party entity to be used for the purpose

of transit-oriented development with no further obligation

to the Government if the Secretary decides—

‘‘(i) the asset is a necessary component of a pro-

posed transit-oriented development project;

‘‘(ii) the transit-oriented development project will

increase transit ridership;

‘‘(iii) at least 40 percent of the housing units offered

in the transit-oriented development, including housing

units owned by nongovernmental entities, are legally

binding affordability restricted to tenants with incomes

at or below 60 percent of the area median income

and owners with incomes at or below 60 percent the

area median income, which shall include at least 20

percent of such housing units offered restricted to ten-

ants with incomes at or below 30 percent of the area

median income and owners with incomes at or below

30 percent the area median income;

‘‘(iv) the asset will remain in use as described

in this section for at least 30 years after the date

the asset is transferred; and

Time period.

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135 STAT. 2447 PUBLIC LAW 117–81—DEC. 27, 2021

‘‘(v) with respect to a transfer to a third party

entity—

‘‘(I) a local government authority or nonprofit

organization is unable to receive the property;

‘‘(II) the overall benefit of allowing the transfer

is greater than the interest of the Government

in liquidation and return of the financial interest

of the Government in the asset, after considering

fair market value and other factors; and

‘‘(III) the third party has demonstrated a satis-

factory history of construction or operating an

affordable housing development.’’.

SEC. 6610. BLOCKING DEADLY FENTANYL IMPORTS.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Blocking

Deadly Fentanyl Imports Act’’.

(b) D

EFINITIONS

.—Section 481(e) of the Foreign Assistance Act

of 1961 (22 U.S.C. 2291(e)) is amended—

(1) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by

striking ‘‘in which’’;

(B) in subparagraph (A), by inserting ‘‘in which’’ before

‘‘1,000’’;

(i) by inserting ‘‘in which’’ before ‘‘1,000’’; and

(ii) by striking ‘‘or’’ at the end;

(D) in subparagraph (C)—

(i) by inserting ‘‘in which’’ before ‘‘5,000’’; and

(ii) by inserting ‘‘or’’ after the semicolon; and

(E) by adding at the end the following:

‘‘(D) that is a significant source of illicit synthetic

opioids significantly affecting the United States;’’; and

(2) in paragraph (4)—

(A) in subparagraph (C), by striking ‘‘and’’ at the end;

and

(B) by adding at the end the following:

‘‘(E) assistance that furthers the objectives set forth

in paragraphs (1) through (4) of section 664(b) of the For-

eign Relations Authorization Act, Fiscal Year 2003 (22

U.S.C. 2151n–2(b));

‘‘(F) assistance to combat trafficking authorized under

the Victims of Trafficking and Violence Protection Act of

2000 (22 U.S.C. 7101 et seq.)); and

‘‘(G) global health assistance authorized under sections

104 through 104C of the Foreign Assistance Act of 1961

(22 U.S.C. 2151b through 22 U.S.C. 2151b–4).’’.

NTERNATIONAL

ARCOTICS

ONTROL

TRATEGY

EPORT

.—

Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.

2291h(a)) is amended by adding at the end the following:

‘‘(10) A separate section that contains the following:

‘‘(A) An identification of the countries, to the extent

feasible, that are the most significant sources of illicit

fentanyl and fentanyl analogues significantly affecting the

United States during the preceding calendar year.

‘‘(B) A description of the extent to which each country

identified pursuant to subparagraph (A) has cooperated

with the United States to prevent the articles or chemicals

Blocking Deadly

Fentanyl Imports

Act.

22 USC 2151

note.

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135 STAT. 2448 PUBLIC LAW 117–81—DEC. 27, 2021

described in subparagraph (A) from being exported from

such country to the United States.

‘‘(C) A description of whether each country identified

pursuant to subparagraph (A) has adopted and utilizes

scheduling or other procedures for illicit drugs that are

similar in effect to the procedures authorized under title

II of the Controlled Substances Act (21 U.S.C. 811 et seq.)

for adding drugs and other substances to the controlled

substances schedules;

‘‘(D) A description of whether each country identified

pursuant to subparagraph (A) is following steps to pros-

ecute individuals involved in the illicit manufacture or

distribution of controlled substance analogues (as defined

in section 102(32) of the Controlled Substances Act (21

U.S.C. 802(32)); and

‘‘(E) A description of whether each country identified

pursuant to subparagraph (A) requires the registration of

tableting machines and encapsulating machines or other

measures similar in effect to the registration requirements

set forth in part 1310 of title 21, Code of Federal Regula-

tions, and has not made good faith efforts, in the opinion

of the Secretary, to improve regulation of tableting

machines and encapsulating machines.’’.

(d) W

ITHHOLDING OF

SSISTANCE

.—

(1) D

ESIGNATION OF ILLICIT FENTANYL COUNTRIES WITHOUT

SCHEDULING PROCEDURES

.—Section 706(2) of the Foreign Rela-

tions Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–

1(2)) is amended—

(A) in the matter preceding subparagraph (A), by

striking ‘‘also’’;

(B) in subparagraph (A)(ii), by striking ‘‘and’’ at the

end;

graph (D);

(D) by inserting after subparagraph (A) the following:

‘‘(B) designate each country, if any, identified under

section 489(a)(10) of the Foreign Assistance Act of 1961

(22 U.S.C. 2291h(a)(10)) that has failed to adopt and utilize

scheduling procedures for illicit drugs that are comparable

to the procedures authorized under title II of the Controlled

Substances Act (21 U.S.C. 811 et seq.) for adding drugs

and other substances to the controlled substances sched-

ules;’’; and

(E) in subparagraph (D), as redesignated, by striking

‘‘so designated’’ and inserting ‘‘designated under subpara-

graph (A), (B), or (C)’’.

(2) D

ESIGNATION OF ILLICIT FENTANYL COUNTRIES WITHOUT

ABILITY TO PROSECUTE CRIMINALS FOR THE MANUFACTURE OR

DISTRIBUTION OF FENTANYL ANALOGUES

.—Section 706(2) of the

Foreign Relations Authorization Act, Fiscal Year 2003 (22

U.S.C. 2291j–1(2)), as amended by paragraph (2), is further

amended by inserting after subparagraph (B) the following:

‘‘(C) designate each country, if any, identified under

section 489(a)(10) of the Foreign Assistance Act of 1961

(22 U.S.C. 2291h(a)(10)) that has not taken significant

steps to prosecute individuals involved in the illicit manu-

facture or distribution of controlled substance analogues

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135 STAT. 2449 PUBLIC LAW 117–81—DEC. 27, 2021

(as defined in section 102(32) of the Controlled Substances

Act (21 U.S.C. 802(32));’’.

(3) L

IMITATION ON ASSISTANCE FOR DESIGNATED COUN

TRIES

.—Section 706(3) of the Foreign Relations Authorization

Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(3)) is amended by

striking ‘‘also designated under paragraph (2) in the report’’

and inserting ‘‘designated in the report under paragraph (2)(A)

or thrice designated during a 5-year period in the report under

subparagraph (B) or (C) of paragraph (2)’’.

(4) E

XCEPTIONS TO THE LIMITATION ON ASSISTANCE

.—Sec-

tion 706(5) of the Foreign Relations Authorization Act, Fiscal

Year 2003 (22 U.S.C. 2291j–1(5)) is amended—

(A) by redesignating subparagraph (C) as subpara-

graph (F);

(B) by inserting after subparagraph (B) the following:

‘‘(C) Notwithstanding paragraph (3), assistance to pro-

mote democracy (as described in section 481(e)(4)(E) of

the Foreign Assistance Act of 1961 (22 U.S.C.

2291(e)(4)(E))) shall be provided to countries identified in

a report under paragraph (1) and designated under

subparagraph (B) or (C) of paragraph (2), to the extent

such countries are otherwise eligible for such assistance,

regardless of whether the President reports to the appro-

priate congressional committees in accordance with such

paragraph.

‘‘(D) Notwithstanding paragraph (3), assistance to com-

bat trafficking (as described in section 481(e)(4)(F) of such

Act) shall be provided to countries identified in a report

under paragraph (1) and designated under subparagraph

(B) or (C) of paragraph (2), to the extent such countries

are otherwise eligible for such assistance, regardless of

whether the President reports to the appropriate congres-

sional committees in accordance with such paragraph.

‘‘(E) Notwithstanding paragraph (3), global health

assistance (as described in section 481(e)(4)(G) of such Act)

shall be provided to countries identified in a report under

paragraph (1) and designated under subparagraph (B) or

wise eligible for such assistance, regardless of whether

the President reports to the appropriate congressional

committees in accordance with such paragraph’’; and

‘‘section clause (i) or (ii) of’’ and inserting ‘‘clause (i) or

(ii) of section’’.

Time period.

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135 STAT. 2450 PUBLIC LAW 117–81—DEC. 27, 2021

LEGISLATIVE HISTORY—S. 1605 (H.R. 4350):

HOUSE REPORTS: No. 117–118 and Pt. 2 (both from Comm. on Armed Services)

accompanying H.R. 4350.

CONGRESSIONAL RECORD, Vol. 167 (2021):

June 9, considered and passed Senate.

Dec. 7, considered and passed House, amended.

Dec. 8, 14, 15, Senate considered and concurred in House amendment.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):

Dec. 27, Presidential statement.

(e) E

FFECTIVE

ATE

.—The amendments made by this section

shall take effect on the date that is 90 days after the date of

the enactment of this Act.

Approved December 27, 2021.

22 USC 2291

note.

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