II 

Calendar No. 129 

117TH CONGRESS 

1ST SESSION S. 2792 

[Report No. 117–39] 

To authorize appropriations for fiscal year 2022 for military activities of 

the Department of Defense, for military construction, and for defense 

activities of the Department of Energy, to prescribe military personnel 

strengths for such fiscal year, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22 (legislative day, SEPTEMBER 21), 2021 

Mr. REED, from the Committee on Armed Services, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2022 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2022’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 2792 RS

1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into four divi4 sions as follows: 

5 (1) Division A—Department of Defense Au6 thorizations. 

7 (2) Division B—Military Construction Author8 izations. 

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions. 

12 (4) Division D—Funding Tables. 

13 (b) TABLE OF CONTENTS.—The table of contents for 

14 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. 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 121. Multiyear procurement authority for AH–64E Apache helicopters. 

Sec. 122. Multiyear procurement authority for UH–60M and HH–60M Black 

Hawk helicopters. 

Sec. 123. Report and limitations on acquisition of Integrated Visual Augmentation System. 

Sec. 124. Modification of deployment by the Army of interim cruise missile defense capability. 

Subtitle C—Navy Programs 

Sec. 131. Extension of prohibition on availability of funds for Navy port waterborne security barriers. 

Sec. 132. Analysis of certain radar investment options. 

Sec. 133. Extension of report on Littoral Combat Ship mission packages. 


Pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 2792 RS

Sec. 134. Extension of procurement authorities for certain amphibious shipbuilding programs. 

Sec. 135. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life. 

Sec. 136. Acquisition, modernization, and sustainment plan for carrier air 

wings. 

Sec. 137. Improving oversight of Navy contracts for shipbuilding, conversion, 

and repair. 

Subtitle D—Air Force Programs 

Sec. 141. Required minimum inventory of tactical airlift aircraft. 

Sec. 142. Extension of inventory requirement for Air Force fighter aircraft. 

Sec. 143. Prohibition on use of funds for retirement of A–10 aircraft. 

Sec. 144. Requirements relating to reports on fighter aircraft. 

Sec. 145. Prohibition on additional F–35 aircraft for the Air National Guard. 

Sec. 146. Prohibition on availability of funds for reducing the number of KC– 

135 aircraft of the Air National Guard designated as primary 

mission aircraft inventory. 

Sec. 147. Authority to divest 18 KC–135 aircraft. 

Sec. 148. Prohibition on use of funds for a follow-on tanker aircraft to the KC– 

46 aircraft. 

Sec. 149. Maintenance of B–1 bomber aircraft squadrons. 

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

Sec. 161. Prohibition on duplication of efforts to provide air- and space-based 

ground moving target indicator capability. 

Sec. 162. Limitation on funds for armed overwatch aircraft. 

Sec. 163. Transition of F–35 program sustainment from Joint Program Office 

to Air Force and Navy. 

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. Increase in allowable rate of basic pay for certain employees of Defense Advanced Research Projects Agency. 

Sec. 212. Additional mission areas for mechanisms for expedited access to technical talent and expertise at academic institutions by Department of Defense. 

Sec. 213. Modification of other transaction authority for research projects. 

Sec. 214. Artificial intelligence metrics. 

Sec. 215. Modification of the Joint Common Foundation Program. 

Sec. 216. Executive education on emerging technologies for senior civilian and 

military leaders. 

Sec. 217. Improvements relating to national network for microelectronics research and development. 

Sec. 218. Activities to accelerate domestic quantum computing capabilities. 

Sec. 219. Pilot programs for passive telecommunications infrastructure to facilitate installation 5G deployment. 

Sec. 220. National Guard participation in microreactor testing and evaluation. 


Pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 2792 RS

Sec. 221. Limitation on transfer of certain operational flight test events and reduction in operational flight test capacity. 

Sec. 222. Limitation on availability of funds for the High Accuracy Detection 

and Exploitation System. 

Subtitle C—Codification and Technical Corrections 

Sec. 231. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. 

Sec. 232. Codification of authorities relating to Department of Defense science 

and technology reinvention laboratories. 

Sec. 233. Codification of requirement for Defense Established Program to 

Stimulate Competitive Research. 

Sec. 234. Technical correction to pilot program for enhancement of research, 

development, test, and evaluation centers of Department of Defense. 

Subtitle D—Plans, Reports, and Other Matters 

Sec. 241. Study on efficient use of Department of Defense test and evaluation 

organizations, facilities, and laboratories. 

Sec. 242. Analysis of potential modifications to Department of Defense unmanned aerial systems categorization. 

Sec. 243. Digital development infrastructure plan and working group. 

Sec. 244. Optionally Manned Fighting Vehicle requirements analysis. 

Sec. 245. Making permanent requirement for annual report by Director of 

Operational Test and Evaluation. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

Sec. 311. Expansion of purposes of Sentinel Landscapes Partnership program 

to include resilience. 

Sec. 312. Maintenance of current analytical tools in evaluating energy resilience 

measures. 

Sec. 313. Military Aviation and Installation Assurance Clearinghouse matters. 

Sec. 314. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States. 

Sec. 315. Demonstration program on domestic production of rare earth elements from coal byproducts. 

Sec. 316. Authority to transfer amounts derived from energy cost savings. 

Sec. 317. Sense of Senate on energy independence and diversification. 

Subtitle C—National Security Climate Resilience 

Sec. 331. Short title. 

Sec. 332. Definitions. 

Sec. 333. Climate resilience in planning, engagement strategies, infrastructure, 

and force development of Department of Defense. 

Sec. 334. Climate Resilience Infrastructure Initiative of the Department of Defense. 

Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. 


Pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 2792 RS

Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl 

Substances 

Sec. 351. Treatment by Department of Defense of perfluoroalkyl substances 

and polyfluoroalkyl substances. 

Sec. 352. Public disclosure of testing and results of Department of Defense 

testing for perfluoroalkyl or polyfluoroalkyl substances and additional requirements for testing. 

Sec. 353. 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. 354. Report on remediation of perfluoroalkyl substances and 

polyfluoroalkyl substances at certain military installations. 

Sec. 355. Report on schedule for completion of remediation of perfluoroalkyl 

substances and polyfluoroalkyl substances. 

Subtitle E—Other Matters 

Sec. 371. Extension of temporary authority to extend contracts and leases 

under the ARMS Initiative. 

Sec. 372. Incident reporting requirements for Department of Defense regarding 

lost or stolen weapons. 

Sec. 373. Repeal of sunset for naval vessel examination report. 

Sec. 374. Report on ammunition organic industrial base modernization by Department of the Army. 

Sec. 375. Annual report by Secretary of the Navy on ship maintenance. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Authority with respect to authorized strengths for general and flag 

officers within the Armed Forces for emerging requirements. 

Sec. 403. Additional authority to vary Space Force end strength. 

Sec. 404. Temporary exemption from end strength grade restrictions for the 

Space Force. 

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. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Increase in authorized lieutenant commander billets in the Navy. 

Sec. 502. Time in grade requirements. 


Pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 2792 RS

Subtitle B—General Service Authorities and Correction of Military Records 

PART I— SELECTIVE SERVICE REFORM

Sec. 511. Modernization of the Selective Service System. 

Sec. 512. Report on exemptions and deferments for a possible military draft. 

Sec. 513. Report on processes and procedures for appeal of denial of status or 

benefits for failure to register for Selective Service. 

Sec. 514. Responsibilities for national mobilization; personnel requirements. 

Sec. 515. Enhancements to national mobilization exercises. 

PART II—OTHER MATTERS

Sec. 518. Military service independent racial disparity review. 

Sec. 519. Appeals to Physical Evaluation Board determinations of fitness for 

duty. 

Sec. 520. Extension of paid parental leave. 

Sec. 520A. Bereavement leave for members of the Armed Forces. 

Subtitle C—Prevention and Response to Sexual Assault, Harassment, and 

Related Misconduct, and Other Military Justice Matters 

Sec. 521. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims. 

Sec. 522. Assessment of relationship between command climate and the prevention and adjudication of military sexual misconduct. 

Sec. 523. Policy for ensuring the annual report regarding sexual assaults involving members of the Armed Forces includes information on 

race and ethnicity of victims. 

Sec. 524. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons. 

Sec. 525. Special Victim’s Counsel representation of civilian victims of sex-related offenses. 

Sec. 526. Notice to victims of further administrative action following a determination not to refer to trial by court-martial. 

Sec. 527. Recommendations on separate punitive article in the Uniform Code 

of Military Justice on violent extremism. 

Sec. 528. Determination and reporting of missing, absent unknown, absent 

without leave, and duty status-whereabouts unknown service 

members. 

Sec. 529. Conduct unbecoming an officer. 

Sec. 530. Analysis of the use of non-judicial punishment. 

Sec. 530A. Sexual Assault Response Coordinator Military Occupational Specialty. 

Sec. 530B. Implementation of recommendations of the Independent Review 

Commission on Sexual Assault in the Military. 

Subtitle D—Military Justice Reform and Sexual Assault Prevention 

PART I—MILITARY JUSTICE MATTERS

Sec. 531. Special victim prosecutors. 

Sec. 532. Policies with respect to special victim prosecutors. 

Sec. 533. Definition of military magistrate, special victim offense, and special 

victim prosecutor. 


Pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 2792 RS

Sec. 534. Clarification of applicability of domestic violence and stalking to dating partners. 

Sec. 535. Clarification relating to who may convene courts-martial. 

Sec. 536. Inclusion of sexual harassment as general punitive article. 

Sec. 537. Determinations of impracticability of rehearing. 

Sec. 538. Plea agreements. 

Sec. 539. Opportunity to obtain witness and other evidence in trials by courtmartial. 

Sec. 540. Former jeopardy. 

Sec. 541. Advice to convening authority before referral for trial. 

Sec. 542. Preliminary hearing. 

Sec. 543. Detail of trial counsel. 

Sec. 544. Sentencing reform. 

Sec. 545. Uniform, document-based data system. 

Sec. 546. Primary prevention workforce. 

Sec. 547. Annual primary prevention research agenda. 

Sec. 548. Full functionality of certain advisory committees and panels. 

Sec. 549. Military defense counsel parity. 

Sec. 550. Resourcing. 

Sec. 551. Applicability to the United States Coast Guard. 

Sec. 552. Effective date. 

PART II—MILITARY JUSTICE IMPROVEMENT AND INCREASING PREVENTION

Sec. 561. Short title. 

Sec. 562. Improvement of determinations on disposition of charges for certain 

offenses under UCMJ with authorized maximum sentence of 

confinement of more than one year. 

Sec. 563. Modification of officers authorized to convene general and special 

courts-martial for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year. 

Sec. 564. Discharge using otherwise authorized personnel and resources. 

Sec. 565. Monitoring and assessment of modification of authorities by Defense 

Advisory Committee on Investigation, Prosecution, and Defense 

of Sexual Assault in the Armed Forces. 

Sec. 566. Limitation on modifications to sexual assault reporting procedures. 

Sec. 567. Professionalization of military prosecutors. 

Sec. 568. Increased training and education on military sexual assault. 

Sec. 569. Increasing the physical security of military installations. 

Sec. 570. Effective date and applicability. 

Subtitle E—Member Education, Training, and Transition 

Sec. 571. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers’ 

Training Corps to include quantum information sciences. 

Sec. 572. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from 

office of a member of Congress. 

Sec. 573. Troops-to-Teachers Program. 

Sec. 574. Combating foreign malign influence. 

Sec. 575. Prohibition on implementation by United States Air Force Academy 

of civilian faculty tenure system. 

Subtitle F—Military Family Readiness and Dependents’ Education 


Pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 2792 RS

Sec. 581. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. 

Sec. 582. Pilot program to establish employment fellowship opportunities for 

military spouses. 

Subtitle G—Other Matters and Reports 

Sec. 591. Amendments to additional Deputy Inspector General of the Department of Defense. 

Sec. 592. Inclusion of Senior Reserve Officers’ Training Corps data in diversity 

and inclusion reporting. 

Sec. 593. Modified deadline for establishment of special purpose adjunct to 

Armed Services Vocational Aptitude Battery test. 

Sec. 594. Reports on Air Force personnel performing duties of a Nuclear and 

Missile Operations Officer (13N). 

Sec. 595. Reports on security force personnel performing protection level one 

duties. 

TITLE VI—MILITARY COMPENSATION 

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. Extension of expiring travel and transportation authorities. 

Sec. 604. Repeal of expiring travel and transportation authorities. 

Sec. 605. One-year extension of certain expiring bonus and special pay authorities. 

Sec. 606. Requirements in connection with suspension of retired pay and retirement annuities. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Addition of preconception and prenatal carrier screening coverage as 

benefits under TRICARE program. 

Sec. 702. Coverage of overseas subacute and hospice care for eligible overseas 

dependents of members of the uniformed services. 

Sec. 703. Modification of pilot program on receipt of non-generic prescription 

maintenance medications under TRICARE pharmacy benefits 

program. 

Subtitle B—Health Care Administration 

Sec. 721. Revisions to TRICARE provider networks. 

Sec. 722. Implementation of an integrated TRICARE program through effective market management. 

Sec. 723. Establishment of centers of excellence for enhanced treatment of ocular injuries. 

Sec. 724. Mandatory training on health effects of burn pits. 

Sec. 725. 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. 726. 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. 


Pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 2792 RS

Sec. 727. Consistency in accounting for medical reimbursements received by 

military medical treatment facilities from other Federal agencies. 

Subtitle C—Reports and Other Matters 

Sec. 741. Access by United States Government employees and their family 

members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions. 

Sec. 742. Extension of authority for Joint Department of Defense-Department 

of Veterans Affairs Medical Facility Demonstration Fund. 

Sec. 743. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military 

health system. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Repeal of preference for fixed-price contracts. 

Sec. 802. Improving the use of available data to manage and forecast service 

contract requirements. 

Sec. 803. Assessment of impediments and incentives to improving the acquisition of commercial technology, products, and services. 

Sec. 804. Pilot program on acquisition practices for emerging technologies. 

Sec. 805. Annual report on highest and lowest performing acquisition programs 

of the Department of Defense. 

Sec. 806. Systems engineering determinations. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Recommendations on the use of other transaction authority. 

Sec. 812. Modified condition for prompt contract payment eligibility. 

Sec. 813. Exclusion of certain services from intergovernmental support agreements for installation-support services. 

Sec. 814. Modification of prize authority for advanced technology achievements. 

Sec. 815. Cost or pricing data reporting in Department of Defense contracts. 

Sec. 816. Authority to acquire innovative commercial products and services 

using general solicitation competitive procedures. 

Sec. 817. Reporting requirement for defense acquisition activities. 

Sec. 818. Department of Defense contractor professional training material disclosure requirements. 

Sec. 819. Report on place of performance requirements. 

Sec. 820. Multiyear contract authority for defense acquisitions specifically authorized by law. 

Subtitle C—Industrial Base Matters 

Sec. 831. Addition of certain items to list of high priority goods and services 

for analyses, recommendations, and actions related to sourcing 

and industrial capacity. 

Sec. 832. Prohibition on acquisition of personal protective equipment from nonallied foreign nations. 

Sec. 833. Further prohibition on acquisition of sensitive materials. 


Pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 2792 RS

Sec. 834. Requirement for industry days and requests for information to be 

open to allied defense contractors. 

Sec. 835. Assessment of requirements for certain items to address supply chain 

vulnerabilities. 

Sec. 836. Requirement that certain providers of systems to Department of Defense disclose the source of printed circuit boards when sourced 

from certain countries. 

Sec. 837. Employment transparency regarding individuals who perform work in 

the People’s Republic of China. 

Subtitle D—Small Business Matters 

Sec. 841. Clarification of duties of Director of Small Business Programs. 

Sec. 842. Data on Phase III Small Business Innovation Research and Small 

Business Technology Transfer program awards. 

Sec. 843. Pilot program to incentivize employee ownership in defense contracting. 

Subtitle E—Other Matters 

Sec. 851. Technology protection features activities. 

Sec. 852. Independent study on technical debt in software-intensive systems. 

Sec. 853. Determination with respect to optical fiber transmission equipment 

for Department of Defense purposes. 

Sec. 854. Two-year extension of Selected Acquisition Report requirement. 

Sec. 855. Military standards for high-hardness armor in combat vehicle specifications. 

Sec. 856. Revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems. 

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. Renaming of Air National Guard to Air and Space National Guard. 

Sec. 903. Joint Aviation Safety Council. 

Sec. 904. Assignments for participants in the John S. McCain Strategic Defense Fellows Program. 

Sec. 905. Alignment of Close Combat Lethality Task Force. 

Sec. 906. Management innovation activities. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Commission on Planning, Programming, Budgeting, and Execution 

Reform. 

Sec. 1003. Plan for consolidation of information technology systems used in the 

planning, programming, budgeting, and execution process. 

Subtitle B—Counterdrug Activities 

Sec. 1011. Codification and expansion of authority for joint task forces of the 

Department of Defense to support law enforcement agencies 

conducting counter-terrorism, counter-illicit trafficking, or 

counter-transnational organized crime activities. 


Pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 2792 RS

Sec. 1012. Extension of authority to support a unified counterdrug and 

counterterrorism campaign in Colombia. 

Subtitle C—Naval Vessels 

Sec. 1021. Modification to annual naval vessel construction plan. 

Sec. 1022. Navy battle force ship assessment and requirement reporting. 

Subtitle D—Counterterrorism 

Sec. 1031. Extension of prohibition on use of funds for transfer or release of 

individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. 

Sec. 1032. 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. 1033. Extension of prohibition on use of funds for transfer or release of 

individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. 

Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1035. Report on medical care provided to detainees at United States Naval 

Station, Guantanamo Bay, Cuba. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Notification of significant Army force structure changes. 

Sec. 1042. Extension of admission to Guam or the Commonwealth of the 

Northern Mariana Islands for certain nonimmigrant H–2B 

workers. 

Subtitle F—Studies and Reports 

Sec. 1051. Report on implementation of irregular warfare strategy. 

Sec. 1052. Optimization of Irregular Warfare Technical Support Directorate. 

Sec. 1053. Quarterly briefings on anomalous health incidents. 

Subtitle G—Other Matters 

Sec. 1061. Commission on the National Defense Strategy. 

Sec. 1062. Assessment of requirements for and management of Army three-dimensional terrain data. 

Sec. 1063. Modification to Regional Centers for Security Studies. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Civilian personnel management. 

Sec. 1102. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense. 

Sec. 1103. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. 

Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies. 

Sec. 1105. Extension of temporary increase in maximum amount of voluntary 

separation incentive pay authorized for civilian employees of 

the Department of Defense. 


Pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 2792 RS

Sec. 1106. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a 

combat zone. 

Sec. 1107. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1108. Pilot program on direct hire authority for spouses of members of 

the uniformed services at locations outside the United States. 

Sec. 1109. Civilian Cybersecurity Reserve pilot project at United States Cyber 

Command. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Authority to build capacity for additional operations. 

Sec. 1202. Administrative support and payment of certain expenses for covered 

foreign defense personnel. 

Sec. 1203. Authority for certain reimbursable interchange of supplies and services. 

Sec. 1204. Extension and modification of Department of Defense support for 

stabilization activities in national security interest of the 

United States. 

Sec. 1205. Temporary authority to pay for personnel expenses of foreign national security forces participating in the training program of 

the United States-Colombia Action Plan for Regional Security. 

Sec. 1206. Security cooperation strategy for certain combatant commands. 

Sec. 1207. Plan for enhancing Western Hemisphere security cooperation. 

Sec. 1208. Pilot program to support the implementation of the Women, Peace, 

and Security Act of 2017. 

Sec. 1209. Limitation on support to military forces of the Kingdom of Morocco 

for bilateral or multilateral exercises. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Extension and modification of authority for support for reconciliation activities led by the Government of Afghanistan and prohibition on use of funds for the Taliban and other terrorist 

groups. 

Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States 

military operations. 

Sec. 1213. Afghanistan Security Forces Fund. 

Sec. 1214. Quarterly security briefings on Afghanistan. 

Sec. 1215. Sense of Senate and briefing on counterterrorism posture of the 

United States after transition of United States Armed Forces 

from Afghanistan. 

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

Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. 

Sec. 1222. Extension and modification of authority to support operations and 

activities of the Office of Security Cooperation in Iraq. 

Sec. 1223. Extension and modification of authority to provide assistance to 

counter the Islamic State of Iraq and Syria. 


Pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 2792 RS

Subtitle D—Matters Relating to Europe and the Russian Federation 

Sec. 1231. Extension of limitation on military cooperation between the United 

States and the Russian Federation. 

Sec. 1232. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. 

Sec. 1233. Extension of Ukraine Security Assistance Initiative. 

Sec. 1234. Extension of authority for training for Eastern European national 

security forces in the course of multilateral exercises. 

Sec. 1235. Sense of Senate on the North Atlantic Treaty Organization. 

Sec. 1236. Sense of Senate on continuing support for Estonia, Latvia, and 

Lithuania. 

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. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. 

Sec. 1244. Cooperative program with Vietnam to account for Vietnamese personnel missing in action. 

Sec. 1245. Assessment of and plan for improving the defensive asymmetric capabilities of Taiwan. 

Sec. 1246. Annual feasibility briefing on cooperation between the National 

Guard and Taiwan. 

Sec. 1247. Defense of Taiwan. 

Sec. 1248. Comparative analyses and reports on efforts by the United States 

and the People’s Republic of China to advance critical modernization technology with respect to military applications. 

Sec. 1249. Modification of annual report on military and security developments 

involving the People’s Republic of China. 

Sec. 1250. Feasibility report on establishing more robust military-to-military 

crisis communications with the People’s Republic of China. 

Sec. 1251. Semiannual briefings on efforts to deter Chinese aggression and 

military coercion. 

Sec. 1252. Sense of Congress on defense alliances and partnerships in the IndoPacific region. 

Subtitle F—Reports 

Sec. 1261. Report on security cooperation authorities and associated resourcing 

in support of the Security Force Assistance Brigades. 

Sec. 1262. Independent assessment with respect to Arctic region and establishment of Arctic Security Initiative. 

Sec. 1263. Annual report and briefing on Global Force Management Allocation 

Plan. 

Subtitle G—Other Matters 

Sec. 1271. Modification of United States-Israel Operations-Technology cooperation within the United States-Israel Defense Acquisition Advisory Group. 

Sec. 1272. Prohibition on support for offensive military operations against the 

Houthis in Yemen. 


Pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 2792 RS

Sec. 1273. Repeal of authorization of non-conventional assisted recovery capabilities; modification of authority for expenditure of funds for 

clandestine activities that support operational preparation of 

the environment. 

Sec. 1274. Extension and modification of authority for certain payments to redress injury and loss. 

Sec. 1275. Secretary of Defense Strategic Competition Initiative. 

Sec. 1276. Strategic competition initiative for United States Southern Command and United States Africa Command. 

Sec. 1277. Modification of notification requirements for sensitive military operations. 

Sec. 1278. Special Operations Forces joint operating concept for competition 

and conflict. 

Sec. 1279. Plan for provision of information support to commanders of the 

combatant commands. 

Sec. 1280. Independent review of and report on the Unified Command Plan. 

Sec. 1281. Establishment of mission-oriented pilot programs to close significant 

capabilities gaps. 

Sec. 1282. Limitation on availability of certain funding for operation and maintenance. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Funding allocations; specification of Cooperative Threat Reduction 

funds. 

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—Armed Forces Retirement Home 

Sec. 1411. Authorization of appropriations for Armed Forces Retirement 

Home. 

Subtitle C—Other Matters 

Sec. 1421. Authorization to loan materials in National Defense Stockpile. 

Sec. 1422. Repeal of termination of biennial report on National Defense Stockpile requirements. 

Sec. 1423. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration 

Fund for Captain James A. Lovell Health Care Center, Illinois. 

TITLE XV—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND 

INTELLIGENCE MATTERS 

Subtitle A—Space Activities 

Sec. 1501. Delegation of authorities to Space Development Agency. 

Sec. 1502. Modification to Space Development Agency. 


Pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 2792 RS

Sec. 1503. Disclosure of National Security Space Launch program contract 

pricing terms. 

Sec. 1504. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise. 

Sec. 1505. Senior Procurement Executive authority. 

Sec. 1506. Modifications to Space Force Acquisition Council. 

Sec. 1507. Modifications relating to the Assistant Secretary of the Air Force 

for Space Acquisition and Integration. 

Sec. 1508. Modification to transfer of acquisition projects for space systems 

and programs. 

Sec. 1509. Extension and modification of certifications regarding integrated 

tactical warning and attack assessment mission of the Air 

Force. 

Sec. 1510. Prohibition on Missile Defense Agency production of satellites and 

ground systems associated with operation of such satellites. 

Sec. 1511. Continued requirement for National Security Space Launch program. 

Sec. 1512. Limitation, report, and briefing on use of commercial satellite services and associated systems. 

Sec. 1513. Study on commercial systems integration into, and support of, 

Armed Forces space operations. 

Sec. 1514. Space policy review. 

Sec. 1515. Annual briefing on threats to space operations. 

Subtitle B—Defense Intelligence and Intelligence-related Activities 

Sec. 1521. Authority for Army counterintelligence agents to execute warrants 

and make arrests. 

Sec. 1522. Annual briefing by Director of the Defense Intelligence Agency on 

electronic warfare threat to operations of the Department of 

Defense. 

Subtitle C—Nuclear Forces 

Sec. 1531. Participation in United States Strategic Command strategic deterrence exercises. 

Sec. 1532. Modification to requirements relating to nuclear force reductions. 

Sec. 1533. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States. 

Sec. 1534. Deadline for reports on modification of force structure for strategic 

nuclear weapons delivery systems. 

Sec. 1535. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. 

Sec. 1536. Congressional Commission on the Strategic Posture of the United 

States. 

Sec. 1537. Revised nuclear posture review. 

Sec. 1538. Ground-based strategic deterrent development program accountability matrices. 

Sec. 1539. Procurement authority for certain parts of ground-based strategic 

deterrent cryptographic device. 

Sec. 1540. Mission-design series popular name for ground-based strategic deterrent. 

Sec. 1541. B–21 Raider nuclear capability and integration with long-range 

standoff weapon. 


Pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 2792 RS

Sec. 1542. Comptroller General study and updated report on nuclear weapons 

capabilities and force structure requirements. 

Sec. 1543. Prohibition on reduction of the intercontinental ballistic missiles of 

the United States. 

Sec. 1544. Limitation on use of funds until completion of analysis of alternatives for nuclear sea-launched cruise missile. 

Sec. 1545. Sense of the Senate on NATO security and nuclear cooperation between the United States and the United Kingdom. 

Sec. 1546. Sense of the Senate on maintaining diversity in the nuclear weapons 

stockpile. 

Sec. 1547. Sense of the Senate on ground-based strategic deterrent. 

Subtitle D—Missile Defense Programs 

Sec. 1551. Authority to develop and deploy Next Generation Interceptor for 

missile defense of the United States homeland. 

Sec. 1552. Annual reliability testing for the Next Generation Interceptor. 

Sec. 1553. Next Generation Interceptor development program accountability 

matrices. 

Sec. 1554. Extension of period for transition of ballistic missile defense programs to military departments. 

Sec. 1555. Iron Dome short-range rocket defense system and Israeli cooperative 

missile defense program co-development and co-production. 

Sec. 1556. Semiannual updates on meetings held by the Missile Defense Executive Board. 

Sec. 1557. Independent study of Department of Defense components’ roles and 

responsibilities relating to missile defense. 

TITLE XVI—CYBERSPACE-RELATED MATTERS 

Sec. 1601. Matters concerning cyber personnel requirements. 

Sec. 1602. Cyber data management. 

Sec. 1603. Assignment of certain budget control responsibilities to Commander 

of United States Cyber Command. 

Sec. 1604. Coordination between United States Cyber Command and private 

sector. 

Sec. 1605. Pilot program on public-private partnerships with internet ecosystem 

companies to detect and disrupt adversary cyber operations. 

Sec. 1606. Zero trust strategy, principles, model architecture, and implementation plans. 

Sec. 1607. Demonstration program for automated security validation tools. 

Sec. 1608. Improvements to consortium of universities to advise Secretary of 

Defense on cybersecurity matters. 

Sec. 1609. Quarterly reports on cyber operations. 

Sec. 1610. Assessment of cybersecurity posture and operational assumptions 

and development of targeting strategies and supporting capabilities. 

Sec. 1611. Assessing capabilities to counter adversary use of ransomware tools, 

capabilities, and infrastructure. 

Sec. 1612. Comparative analysis of cybersecurity capabilities. 

Sec. 1613. Report on the Cybersecurity Maturity Model Certification program. 

Sec. 1614. Report on potential Department of Defense support and assistance 

for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities 

affecting critical infrastructure. 


Pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 2792 RS

Sec. 1615. Deadline for reports on assessment of cyber resiliency of nuclear 

command and control system. 

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. 

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 authorization of fiscal year 2017 project at Wiesbaden 

Army Airfield. 

Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort 

Bliss, Texas. 

Sec. 2106. Modification of authority to carry out fiscal year 2021 project at 

Fort Wainwright, Alaska. 

Sec. 2107. Additional authority to carry out fiscal year 2022 project at Aberdeen Proving Ground, Maryland. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. 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. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorizations of certain fiscal year 2017 projects. 

Sec. 2306. Extension of authorizations of fiscal year 2017 projects at 

Spangdahlem Air Base, Germany. 

Sec. 2307. Extension of authorization of fiscal year 2017 project at Hanscom 

Air Force Base, Massachusetts. 

Sec. 2308. Modification of authority to carry out fiscal year 2018 project at 

Tyndall Air Force Base, Florida. 

Sec. 2309. Modification of authority to carry out fiscal year 2020 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 of authorization of fiscal year 2017 project at Yokota Air 

Base, Japan. 

TITLE XXV—INTERNATIONAL PROGRAMS 


Pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 2792 RS

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 provided infrastructure projects. 

Sec. 2513. Authorization to accept contributions from the Republic of Korea in 

the form of an irrevocable letter of credit. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition 

projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account. 

Sec. 2702. Prohibition on conducting additional base realignment and closure 

(BRAC) round. 

TITLE XXVIII—MILITARY CONSTRUCTION AND GENERAL 

PROVISIONS 

Subtitle A—Military Construction Program 

Sec. 2801. Clarification of establishment of the Office of Local Defense Community Cooperation as a Department of Defense Field Activity. 

Sec. 2802. Use of amounts available for operation and maintenance in carrying 

out military construction projects for energy resilience, energy 

security, or energy conservation. 

Subtitle B—Military Family Housing 

Sec. 2811. Command oversight of military privatized housing as element of performance evaluations. 

Sec. 2812. Clarification of prohibition against collection from tenants of 

privatized military housing units of amounts in addition to rent 

and application of existing law. 

Sec. 2813. Modification of calculation of military housing contractor pay for 

privatized military housing. 

Sec. 2814. Modification of requirements relating to window fall prevention devices at military family housing. 

Subtitle C—Land Conveyances 


Pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 2792 RS

Sec. 2821. Land conveyance, St. Louis, Missouri. 

Sec. 2822. Land conveyance, Saint Joseph, Missouri. 

Sec. 2823. Land conveyance, Marine Corps Air Station, Cherry Point, North 

Carolina. 

Sec. 2824. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia. 

Subtitle D—Other Matters 

Sec. 2831. Consideration of public education when making basing decisions. 

Sec. 2832. Designation of facility at Rock Island Arsenal, Illinois. 

Sec. 2833. Improvement of security of lodging and living spaces on military installations. 

Sec. 2834. Expansion of authority of Secretary of the Navy to lease and license 

Navy museum facilities to generate revenue to support museum 

administration and operations. 

Sec. 2835. Pilot program on establishment of account for reimbursement for 

use of testing facilities at installations of the Department of 

the Air Force. 

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—Nuclear Weapons Stockpile Matters 

Sec. 3111. Portfolio management framework for National Nuclear Security Administration. 

Sec. 3112. Reports on risks to and gaps in industrial base for nuclear weapons 

components, subsystems, and materials. 

Sec. 3113. Sense of Senate on oversight role of Congress in conduct of nuclear 

weapons testing. 

Subtitle C—Defense Environmental Cleanup Matters 

PART I—ENVIRONMENTAL MANAGEMENT LIABILITY REDUCTION AND

TECHNOLOGY DEVELOPMENT

Sec. 3121. Definitions. 

Sec. 3122. Independent assessment and management of defense environmental 

cleanup programs. 

Sec. 3123. Incremental Technology Development Program. 

Sec. 3124. High-Impact Technology Development Program. 

Sec. 3125. Environmental Management University Program. 

PART II—OTHER MATTERS


Pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 2792 RS

Sec. 3131. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and 

modernization activities. 

Subtitle D—Budget and Financial Management Matters 

Sec. 3141. Improvements to cost estimates informing analyses of alternatives. 

Sec. 3142. Modification of requirements for certain construction projects. 

Sec. 3143. Modification to terminology for reports on financial balances for 

atomic energy defense activities. 

Subtitle E—Other Matters 

Sec. 3151. Extension of authority for appointment of certain scientific, engineering, and technical personnel. 

Sec. 3152. Extension of enhanced procurement authority to manage supply 

chain risk. 

Sec. 3153. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. 

Sec. 3154. Updates to Infrastructure Modernization Initiative. 

Sec. 3155. Acquisition of high-performance computing capabilities by National 

Nuclear Security Administration. 

Sec. 3156. Limitation on use of funds for naval nuclear fuel systems based on 

low-enriched uranium. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear 

Facilities Safety Board. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Maritime Administration. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 In this Act, the term ‘‘congressional defense commit3 tees’’ has the meaning given that term in section 

4 101(a)(16) of title 10, United States Code. 

5 SEC. 4. BUDGETARY EFFECTS OF THIS ACT. 

6 The budgetary effects of this Act, for the purpose of 

7 complying with the Statutory Pay-As-You-Go Act of 2010, 

8 shall be determined by reference to the latest statement 


Pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 2792 RS

1 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

2 Act, jointly submitted for printing in the Congressional 

3 Record by the Chairmen of the House and Senate Budget 

4 Committees, provided that such statement has been sub5 mitted prior to the vote on passage in the House acting 

6 first on the conference report or amendment between the 

7 Houses. 

8 TITLE I—PROCUREMENT 

9 Subtitle A—Authorization of 

10 Appropriations 

11 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2022 for procurement for the Army, the Navy 

14 and the Marine Corps, the Air Force and the Space Force, 

15 and Defense-wide activities, as specified in the funding 

16 table in section 4101. 

17 Subtitle B—Army Programs 

18 SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR AH– 

19 64E APACHE HELICOPTERS. 

20 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

21 Subject to section 2306b of title 10, United States Code, 

22 the Secretary of the Army may enter into one or more 

23 multiyear contracts, beginning with the fiscal year 2022 

24 program year, for the procurement of AH–64E Apache 

25 helicopters. 


Pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 2792 RS

1 (b) CONDITION FOR OUT-YEAR CONTRACT PAY2 MENTS.—A contract entered into under subsection (a) 

3 shall provide that any obligation of the United States to 

4 make a payment under the contract for a fiscal year after 

5 fiscal year 2022 is subject to the availability of appropria6 tions for that purpose for such later fiscal year. 

7 SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR UH– 

8 60M AND HH–60M BLACK HAWK HELI9 COPTERS. 

10 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

11 Subject to section 2306b of title 10, United States Code, 

12 the Secretary of the Army may enter into one or more 

13 multiyear contracts, beginning with the fiscal year 2022 

14 program year, for the procurement of UH–60M and HH– 

15 60M Black Hawk helicopters. 

16 (b) CONDITION FOR OUT-YEAR CONTRACT PAY17 MENTS.—A contract entered into under subsection (a) 

18 shall provide that any obligation of the United States to 

19 make a payment under the contract for a fiscal year after 

20 fiscal year 2022 is subject to the availability of appropria21 tions for that purpose for such later fiscal year. 

22 SEC. 123. REPORT AND LIMITATIONS ON ACQUISITION OF 

23 INTEGRATED VISUAL AUGMENTATION SYS24 TEM. 

25 (a) REPORT REQUIRED.— 


Pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 2792 RS

1 (1) IN GENERAL.—Not later than January 31, 

2 2022, but after completion of operational testing of 

3 the Integrated Visual Augmentation System (IVAS), 

4 the Secretary of the Army shall submit to the con5 gressional defense committees a report on the Inte6 grated Visual Augmentation System. 

7 (2) ELEMENTS.—The report required by para8 graph (1) shall include the following: 

9 (A) A validation of the reliability of the In10 tegrated Visual Augmentation System to meet 

11 operational need for mean time between failure 

12 to support anticipated operational mission pro13 files. 

14 (B) A validation of network adequacy for 

15 operational employment of the System, includ16 ing ability to integrate into command networks, 

17 and a plan to facilitate the display of position 

18 location and identification information for adja19 cent units, non-System-equipped platforms, and 

20 soldiers. 

21 (C) A validation of power duration ade22 quacy and a plan for battery management of 

23 the System to meet anticipated operational mis24 sion requirements. 


Pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 2792 RS

1 (D) A plan to ensure targetable three-di2 mensional terrain data in the System. 

3 (E) A basis-of-issue plan based on lessons 

4 of developmental and operational testing of the 

5 System. 

6 (F) A plan for iterative improvements to 

7 sensors, software, and form factor throughout 

8 production and procurement of the System. 

9 (G) Any other matters that the Secretary 

10 considers relevant to the full understanding of 

11 the status and plan of the System. 

12 (b) LIMITATION ON USE OF FUNDS.—Of the funds 

13 authorized to be appropriated by this Act for fiscal year 

14 2022 for procurement of the Integrated Visual Augmenta15 tion System, not more than 50 percent may be obligated 

16 or expended until the date on which the Secretary submits 

17 to the congressional defense committees the report re18 quired by subsection (a)(1). 

19 SEC. 124. MODIFICATION OF DEPLOYMENT BY THE ARMY 

20 OF INTERIM CRUISE MISSILE DEFENSE CAPA21 BILITY. 

22 Section 112(b) of the John S. McCain National De23 fense Authorization Act for Fiscal Year 2019 (Public Law 

24 115–232; 132 Stat. 1660), as amended by section 111(b) 

25 of the William M. (Mac) Thornberry National Defense AuVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 2792 RS

1 thorization Act for Fiscal Year 2021 (Public Law 116– 

2 283), is further amended— 

3 (1) in paragraph (1), by striking ‘‘shall deploy 

4 the capability as follows:’’ and all that follows 

5 through the period at the end and inserting ‘‘shall 

6 deploy two batteries of the capability by not later 

7 than September 30, 2020.’’; 

8 (2) in paragraph (2)— 

9 (A) in the paragraph heading, by striking 

10 ‘‘DEADLINES’’ and inserting ‘‘DEADLINE’’; 

11 (B) in the matter preceding subparagraph 

12 (A), by striking ‘‘deadlines’’ and inserting 

13 ‘‘deadline’’; 

14 (C) in subparagraph (F), by adding ‘‘and’’ 

15 at the end; 

16 (D) by striking subparagraph (G); and 

17 (E) by redesignating subparagraph (H) as 

18 subparagraph (G); and 

19 (3) in paragraph (4), by striking ‘‘in paragraph 

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

21 end and inserting ‘‘in paragraph (1), if the Sec22 retary determines that sufficient funds have not 

23 been appropriated to enable the Secretary to meet 

24 such deadline.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 2792 RS

1 Subtitle C—Navy Programs 

2 SEC. 131. EXTENSION OF PROHIBITION ON AVAILABILITY 

3 OF FUNDS FOR NAVY PORT WATERBORNE SE4 CURITY BARRIERS. 

5 Section 130(a) of the John S. McCain National De6 fense Authorization Act for Fiscal Year 2019 (Public Law 

7 115–232; 132 Stat. 1665), as most recently amended by 

8 section 127 of the William M. (Mac) Thornberry National 

9 Defense Authorization Act for Fiscal Year 2021 (Public 

10 Law 116–283), is further amended by striking ‘‘for fiscal 

11 years 2019, 2020, or 2021’’ and inserting ‘‘for fiscal years 

12 2019, 2020, 2021, or 2022’’. 

13 SEC. 132. ANALYSIS OF CERTAIN RADAR INVESTMENT OP14 TIONS. 

15 (a) ANALYSIS.— 

16 (1) IN GENERAL.—The Director of Cost Assess17 ment and Program Evaluation shall conduct an 

18 analysis of covered radar systems operating with the 

19 Aegis combat system in the Navy and the Missile 

20 Defense Agency in the future-years defense pro21 gram. 

22 (2) ELEMENTS.—The analysis conducted under 

23 paragraph (1) shall include the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 2792 RS

1 (A) An independent cost estimate of each 

2 covered radar systems described in paragraph 

3 (1) and each variant thereof. 

4 (B) An assessment of the capability pro5 vided by each such system and variant to ad6 dress current and future air and missile defense 

7 threats. 

8 (C) In the case of covered radar systems 

9 operating with the Aegis combat system in the 

10 Navy, an assessment of the capability and tech11 nical suitability of each planned configuration 

12 for such systems to support current and future 

13 distributed maritime operations in contested en14 vironments. 

15 (b) REPORT.—Not later than March 1, 2022, the Di16 rector of Cost Assessment and Program Evaluation shall 

17 submit to the congressional defense committees the fol18 lowing: 

19 (1) A report on the results of the analysis con20 ducted under subsection (a)(1). 

21 (2) Such recommendations as the Director may 

22 have to achieve greater capability, affordability, and 

23 sustainability across covered radar systems described 

24 in subsection (a)(1), including variants thereof, dur25 ing fiscal years 2022 through 2027, including 


Pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 2792 RS

1 whether to maintain parallel paths with different 

2 systems configurations or to choose to pursue fewer 

3 configurations. 

4 (c) COVERED RADAR SYSTEMS DEFINED.—In this 

5 section, the term ‘‘covered radar systems’’ includes the fol6 lowing: 

7 (1) AN/SPY–1. 

8 (2) AN/SPY–6. 

9 (3) AN/SPY–7. 

10 SEC. 133. EXTENSION OF REPORT ON LITTORAL COMBAT 

11 SHIP MISSION PACKAGES. 

12 Section 123(a)(1) of the National Defense Authoriza13 tion Act for Fiscal Year 2017 (Public Law 114–328; 130 

14 Stat. 2030) is amended by striking ‘‘fiscal year 2022’’ and 

15 inserting ‘‘fiscal year 2027’’. 

16 SEC. 134. EXTENSION OF PROCUREMENT AUTHORITIES 

17 FOR CERTAIN AMPHIBIOUS SHIPBUILDING 

18 PROGRAMS. 

19 Section 124(a)(1) of the William M. (Mac) Thorn20 berry National Defense Authorization Act for Fiscal Year 

21 2021 (Public Law 116–283) is amended by striking ‘‘fis22 cal year 2021’’ and inserting ‘‘fiscal years 2021 and 

23 2022’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 2792 RS

1 SEC. 135. LIMITATION ON DECOMMISSIONING OR INAC2 TIVATING A BATTLE FORCE SHIP BEFORE 

3 THE END OF EXPECTED SERVICE LIFE. 

4 (a) IN GENERAL.—Chapter 863 of title 10, United 

5 States Code, is amended by inserting after section 8678 

6 the following new section: 

7 ‘‘§ 8678a. Limitation on decommissioning or inac8 tivating a battle force ship before the end 

9 of expected service life 

10 ‘‘(a) LIMITATION.—The Secretary of the Navy may 

11 not decommission or inactivate a battle force ship before 

12 the end of the expected service life of the ship. 

13 ‘‘(b) WAIVER.—The Secretary may waive the limita14 tion under subsection (a) not fewer than 30 days after 

15 the date on which the Secretary submits to the congres16 sional defense committees a certification described in sub17 section (c). 

18 ‘‘(c) CERTIFICATION DESCRIBED.—A certification 

19 described in this subsection is a certification that— 

20 ‘‘(1)(A) maintaining the battle force ship in a 

21 reduced operating status is not feasible; 

22 ‘‘(B) maintaining the ship with reduced capa23 bility is not feasible; 

24 ‘‘(C) maintaining the ship as a Navy Reserve 

25 unit is not feasible; 


Pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 2792 RS

1 ‘‘(D) transferring the ship to the Coast Guard 

2 is not feasible; 

3 ‘‘(E) maintaining the ship is not required to 

4 support the most recent national defense strategy re5 quired by section 113(g) of this title; and 

6 ‘‘(F) maintaining the ship is not required to 

7 support operational plans of any combatant com8 mander; and 

9 ‘‘(2) includes an explanation of— 

10 ‘‘(A) the options assessed and the rationale 

11 for the determinations under subparagraphs (A) 

12 through (D) of paragraph (1); and 

13 ‘‘(B) the rationale for the determinations 

14 under subparagraphs (E) and (F) of such para15 graph. 

16 ‘‘(d) FORM.—A certification submitted under sub17 section (b) shall be submitted in unclassified form, but 

18 may include a classified annex. 

19 ‘‘(e) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘battle force ship’ means the fol21 lowing: 

22 ‘‘(A) A commissioned United States Ship 

23 warship capable of contributing to combat oper24 ations. 


Pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 2792 RS

1 ‘‘(B) A United States Naval Ship that con2 tributes directly to Navy warfighting or support 

3 missions. 

4 ‘‘(2) The term ‘expected service life’ means the 

5 number of years a naval vessel is expected to be in 

6 service.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 863 of such title is amended 

9 by inserting after the item relating to section 8678 the 

10 following new item: 

‘‘8678a. Limitation on decommissioning or inactivating a battle force ship before 

the end of expected service life.’’. 

11 SEC. 136. ACQUISITION, MODERNIZATION, AND 

12 SUSTAINMENT PLAN FOR CARRIER AIR 

13 WINGS. 

14 (a) PLAN REQUIRED.—Not later than February 1, 

15 2022, the Secretary of the Navy shall submit to the con16 gressional defense committees a 15-year acquisition, mod17 ernization, and sustainment plan for the carrier air wings 

18 of the Navy. 

19 (b) ELEMENTS.—The plan required by subsection (a) 

20 shall include the following: 

21 (1) An assessment of how well the capabilities 

22 and composition of the carrier air wings meet the re23 quirements of the National Defense Strategy and a 


Pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 2792 RS

1 plan to address known shortfalls such as with re2 spect to tanker capacity and strike fighter range. 

3 (2) An identification of the role of autonomous 

4 aircraft, including the MQ–25 aircraft, and other po5 tential future capabilities and platforms in future 

6 carrier air wings. 

7 (3) An assessment of whether nine carrier air 

8 wings is the correct force structure, considering— 

9 (A) whether the composition of aircraft 

10 and squadrons within a carrier air wing as of 

11 the date on which the plan is submitted is ade12 quate; and 

13 (B) whether ten carrier air wings, the min14 imum number to be maintained under section 

15 8062(e) of title 10, United States Code, after 

16 the earlier of the two dates referred to in sub17 paragraphs (A) and (B) of paragraph (1) of 

18 such section, is adequate. 

19 (4) An identification of the appropriate mod20 ernization plan to maximize operational use of plat21 forms in existence as of the date on which the report 

22 is submitted, particularly the EA–18G aircraft and 

23 the E–2D aircraft, by leveraging available tech24 nologies such as Next Generation Jammer. 


Pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 2792 RS

1 SEC. 137. IMPROVING OVERSIGHT OF NAVY CONTRACTS 

2 FOR SHIPBUILDING, CONVERSION, AND RE3 PAIR. 

4 (a) IN GENERAL.—Chapter 805 title 10, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 8039. Deputy Commander of the Naval Sea Systems 

8 Command for the Supervision of Ship9 building, Conversion, and Repair 

10 ‘‘(a) IN GENERAL.—The Secretary of the Navy shall 

11 establish and appoint an individual to the position of Dep12 uty Commander of the Naval Sea Systems Command for 

13 the Supervision of Shipbuilding, Conversion, and Repair 

14 (in this section referred to as the ‘Deputy Commander’). 

15 ‘‘(b) QUALIFICATIONS.—The Deputy Commander 

16 shall be a flag officer of the Navy or an employee of the 

17 Navy in a Senior Executive Service position. 

18 ‘‘(c) REPORTING.—The Deputy Commander shall re19 port directly to the Commander of the Naval Sea Systems 

20 Command. 

21 ‘‘(d) GENERAL RESPONSIBILITIES.—The Deputy 

22 Commander shall— 

23 ‘‘(1) independently administer and manage the 

24 execution of Department of Defense contracts 

25 awarded to commercial entities for shipbuilding, con26 version, and repair at the facilities of such entities; 


Pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 2792 RS

1 ‘‘(2) serve as the designated contract adminis2 tration office of the Department responsible for per3 forming contract administration services for the con4 tracts described in paragraph (1); 

5 ‘‘(3) enforce contract requirements of the con6 tracts described in paragraph (1), ensuring contrac7 tors and the Department satisfy contractual obliga8 tions; 

9 ‘‘(4) work with contractors and Federal agen10 cies to facilitate greater quality and economy in the 

11 products and services being procured; and 

12 ‘‘(5) provide on-site quality assurance for con13 tracts described in paragraph (1), including inspec14 tions. 

15 ‘‘(e) NON-CAS FUNCTIONS.—The Deputy Com16 mander shall manage the complexities and unique de17 mands of shipbuilding, conversion, and repair by per18 forming the following non-contract administration services 

19 functions for Navy Program Executives Offices, fleet com20 manders, and the Naval Sea Systems Command head21 quarters: 

22 ‘‘(1) Project oversight, including the following: 

23 ‘‘(A) Coordinating responses to non-con24 tractual emergent problems. 


Pbinns on DSKJLVW7X2PROD with BILLS
35 

•S 2792 RS

1 ‘‘(B) Coordinating activities of 

2 precommissioning crews and ship’s force, and 

3 other Government activities. 

4 ‘‘(C) Communicating with customers and 

5 higher authority regarding matters that may af6 fect project execution. 

7 ‘‘(2) Technical authority, including the fol8 lowing: 

9 ‘‘(A) Executing the technical authority re10 sponsibilities of the Waterfront Chief Engineer. 

11 ‘‘(B) Serving as the waterfront technical 

12 authority of the Naval Sea Systems Command 

13 responsible for providing Government direction 

14 and coordination in the resolution of technical 

15 issues. 

16 ‘‘(C) Contract planning and procurement, 

17 including participation in acquisition planning 

18 and pre-award activities, including assessment 

19 of contractor qualifications. 

20 ‘‘(f) COMPREHENSIVE CONTRACT MANAGEMENT.— 

21 The Deputy Commander shall maintain direct relation22 ships with the Director of the Defense Contract Manage23 ment Agency and the Director of the Defense Contract 

24 Audit Agency to facilitate comprehensive contract manVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
36 

•S 2792 RS

1 agement and oversight of contractors awarded a contract 

2 described in subsection (d)(1) and subcontractors. 

3 ‘‘(g) SUBCONTRACTOR AUDITS.—The Deputy Com4 mander shall request that the Director of the Defense 

5 Contract Audit Agency perform periodic audits of sub6 contractors that perform cost- or incentive-type sub7 contracts for which the Deputy Commander serves as the 

8 designated contract administration office of the Depart9 ment and that are valued at $50,000,000 or more. 

10 ‘‘(h) ANNUAL WRITTEN ASSESSMENT.—(1) Not later 

11 than March 1 of each year, the Deputy Commander shall 

12 submit to the congressional defense committees a written 

13 assessment of the contracts for which the Deputy Com14 mander serves as the designated contract administration 

15 office of the Department. 

16 ‘‘(2) Each written assessment required by paragraph 

17 (1) shall include the following: 

18 ‘‘(A) The cost, schedule, and performance of 

19 each contract covered by the assessment. 

20 ‘‘(B) A summary of any requests for corrective 

21 action or other significant contract discrepancies 

22 documented by the office of the Deputy Commander, 

23 the Defense Contract Management Agency, or the 

24 Defense Contract Audit Agency for such contracts, 

25 and any actions planned or taken in response. 


Pbinns on DSKJLVW7X2PROD with BILLS
37 

•S 2792 RS

1 ‘‘(C) A summary of any dedicated evaluation, 

2 such as a review by a task force or working group, 

3 of the organizational structure and resourcing plans 

4 and requirements that support the supervision of 

5 shipbuilding, conversion, and repair, that— 

6 ‘‘(i) includes key findings, recommenda7 tions, and implementation plans; and 

8 ‘‘(ii) indicates any additional support need9 ed from other organizations of the Department, 

10 such as the Defense Contract Audit Agency and 

11 the Defense Contract Management Agency, for 

12 implementation.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 805 of such title is amended 

15 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.’’. 

16 (c) DEADLINE FOR ESTABLISHMENT AND APPOINT17 MENT.—Not later than 90 days after the date of the en18 actment of this Act, the Secretary of the Navy shall estab19 lish and appoint an individual to the position of Deputy 

20 Commander of the Naval Sea Systems Command for the 

21 Supervision of Shipbuilding, Conversion, and Repair 

22 under section 8039 of such title, as added by subsection 

23 (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
38 

•S 2792 RS

1 Subtitle D—Air Force Programs 

2 SEC. 141. REQUIRED MINIMUM INVENTORY OF TACTICAL 

3 AIRLIFT AIRCRAFT. 

4 (a) IN GENERAL.—The Secretary of the Air Force 

5 shall maintain a total tactical airlift aircraft inventory of 

6 not less than 292 aircraft. 

7 (b) EXCEPTION.—The Secretary of the Air Force 

8 may reduce the number of C–130 aircraft in the Air Force 

9 below the minimum number specified in subsection (a) if 

10 the Secretary of the Air Force determines, on a case-by11 case basis, that an aircraft is no longer mission capable 

12 because of a mishap or other damage. 

13 (c) SAVINGS CLAUSE.— 

14 (1) IN GENERAL.—During fiscal years 2021, 

15 2022, and 2023, the Secretary of the Air Force is 

16 prohibited from reducing the total tactical airlift air17 craft inventory from the National Guard. 

18 (2) REPLACEMENTS.—The Secretary of the Air 

19 Force may remove an aircraft from the total tactical 

20 airlift aircraft inventory of the National Guard if the 

21 Secretary of the Air Force replaces the aircraft with 

22 a similarly capable mobility aircraft. 

23 (d) SUNSET.—This section shall not apply after Octo24 ber 1, 2023. 


Pbinns on DSKJLVW7X2PROD with BILLS
39 

•S 2792 RS

1 (e) CONFORMING AMENDMENT.—Section 134(d) of 

2 the William M. (Mac) Thornberry National Defense Au3 thorization Act for Fiscal Year 2021 (Public Law 116– 

4 283) is amended by striking ‘‘October 1, 2021’’ and in5 serting ‘‘the date of the enactment of the National De6 fense Authorization Act for Fiscal Year 2022’’. 

7 SEC. 142. EXTENSION OF INVENTORY REQUIREMENT FOR 

8 AIR FORCE FIGHTER AIRCRAFT. 

9 (a) EXTENSION OF INVENTORY REQUIREMENT.— 

10 Section 9062(i)(1) of title 10, United States Code, is 

11 amended by striking ‘‘October 1, 2022’’ and inserting 

12 ‘‘October 1, 2026’’. 

13 (b) EXTENSION OF LIMITATION ON RETIREMENT OF

14 AIR FORCE FIGHTER AIRCRAFT.—Section 131(b) of the 

15 National Defense Authorization Act for Fiscal Year 2018 

16 (Public Law 115–91; 131 Stat. 1314; 10 U.S.C. 9062 

17 note) is amended— 

18 (1) in paragraph (1), by striking ‘‘October 1, 

19 2022’’ and inserting ‘‘October 1, 2026’’; and 

20 (2) in paragraph (2), by striking ‘‘October 1, 

21 2022’’ and inserting ‘‘October 1, 2026’’. 

22 SEC. 143. PROHIBITION ON USE OF FUNDS FOR RETIRE23 MENT OF A–10 AIRCRAFT. 

24 (a) PROHIBITION.—Notwithstanding sections 134 

25 and 135 of the National Defense Authorization Act for 


Pbinns on DSKJLVW7X2PROD with BILLS
40 

•S 2792 RS

1 Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2037), 

2 and except as provided in subsection (b), none of the funds 

3 authorized to be appropriated by this Act for fiscal year 

4 2022 for the Air Force may be obligated to retire, prepare 

5 to retire, or place in storage or on backup aircraft inven6 tory status any A–10 aircraft. 

7 (b) EXCEPTION.— 

8 (1) IN GENERAL.—The limitation under sub9 section (a) shall not apply to an individual A–10 air10 craft that the Secretary of the Air Force determines, 

11 on a case-by-case basis, to be no longer mission ca12 pable because of a Class A mishap. 

13 (2) CERTIFICATION REQUIRED.—If the Sec14 retary determines under paragraph (1) that an air15 craft is no longer mission capable, the Secretary 

16 shall submit to the congressional defense committees 

17 a certification that the status of such aircraft is due 

18 to a Class A mishap and not due to lack of mainte19 nance or repairs or other reasons. 

20 (3) CERTIFICATION ADDITIONAL.—Any certifi21 cation submitted under paragraph (2) shall be in ad22 dition to the notification and certification required 

23 by section 135(b) of the National Defense Author24 ization Act for Fiscal Year 2017 (Public Law 114– 

25 328; 130 Stat. 2039). 


Pbinns on DSKJLVW7X2PROD with BILLS
41 

•S 2792 RS

1 (c) IMPLEMENTATION REPORT.—Not later than 90 

2 days after the date of the enactment of this Act, the Sec3 retary of the Air Force shall submit to the congressional 

4 defense committees a report setting forth the following: 

5 (1) The plans of the Secretary to re-wing each 

6 of the aircraft in the fleet of 281 A–10 aircraft that 

7 have not received new wings as of the date of the 

8 enactment of this Act, including— 

9 (A) the funding needed to complete re10 winging of the aircraft in the fleet and the fis11 cal year in which such funds will be requested; 

12 and 

13 (B) the plan for executing the installations, 

14 including the intended location, number of air15 craft, and fiscal year in which installations will 

16 be completed. 

17 (2) The funding needed to maintain the aircraft 

18 in the fleet of 281 A–10 aircraft at a rate of oper19 ational readiness of not less than 80 percent mission 

20 capable and not less than 70 percent fully mission 

21 capable, including— 

22 (A) the funding for unit, intermediate, and 

23 depot maintenance and repair, spare parts, fuel 

24 and all other flying hour costs; 


Pbinns on DSKJLVW7X2PROD with BILLS
42 

•S 2792 RS

1 (B) the actual funding being made avail2 able by the Air Force to achieve and maintain 

3 such readiness levels; and 

4 (C) any actions taken or contemplated to 

5 be taken to bridge any shortfall. 

6 (d) REPORT ON COMPARISON TEST AND EVALUA7 TION THAT EXAMINES CAPABILITIES OF F–35A AND A– 

8 10C AIRCRAFT.—Section 134(e)(1) of the National De9 fense Authorization Act for Fiscal Year 2017 (Public Law 

10 114–328; 130 Stat. 2038) is amended— 

11 (1) in subparagraph (A), by striking ‘‘; and’’ 

12 and inserting a semicolon; 

13 (2) in subparagraph (B)— 

14 (A) by inserting ‘‘the results and findings 

15 of’’ before ‘‘a comparison’’; and 

16 (B) by striking the period at the end and 

17 inserting a semicolon; and 

18 (3) by adding after subparagraph (B) the fol19 lowing new subparagraph: 

20 ‘‘(C) details of the design and metrics of 

21 the comparison test and evaluation described in 

22 subparagraph (B), including each scenario ex23 amined in the test, number of sorties, time on 

24 station, how the interaction with ground forces 

25 and Joint Terminal Air Controllers was asVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
43 

•S 2792 RS

1 sessed or simulated, how scenarios adequately 

2 represented real-world threats, ability to strike 

3 representative targets, and combat dynamics in 

4 which close air support, search and rescue, and 

5 forward air controller airborne missions were 

6 conducted.’’. 

7 SEC. 144. REQUIREMENTS RELATING TO REPORTS ON 

8 FIGHTER AIRCRAFT. 

9 (a) MODIFICATION OF LIMITATION ON RETIREMENT

10 OF A–10 AIRCRAFT.—Section 134(b) of the National De11 fense Authorization Act for Fiscal Year 2017 (Public Law 

12 114–328; 130 Stat. 2037) is amended by striking ‘‘report 

13 under subsection (e)(2)’’ and inserting ‘‘part of the report 

14 under subsection (e)(2) that is required under subpara15 graph (C) of that subsection’’. 

16 (b) FIGHTER AIRCRAFT COMPARISON TEST RE17 PORTS.— 

18 (1) REPORT FROM DIRECTOR OF OPERATIONAL

19 TEST AND EVALUATION.—Not later than 60 days 

20 after the date of the enactment of this Act, the Di21 rector of Operational Test and Evaluation shall sub22 mit to the congressional defense committees the part 

23 of the report required by section 134(e)(1)(B) of the 

24 National Defense Authorization Act for Fiscal Year 

25 2017 (Public Law 114–328; 130 Stat. 2038). 


Pbinns on DSKJLVW7X2PROD with BILLS
44 

•S 2792 RS

1 (2) REPORT FROM SECRETARY OF THE AIR

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

3 the submission of the report under paragraph (1), 

4 the Secretary of the Air Force shall submit to the 

5 congressional defense committees the part of the re6 port required by section 134(e)(2)(C) of the Na7 tional Defense Authorization Act for Fiscal Year 

8 2017 (Public Law 114–328; 130 Stat. 2038). 

9 SEC. 145. PROHIBITION ON ADDITIONAL F–35 AIRCRAFT 

10 FOR THE AIR NATIONAL GUARD. 

11 Beginning on the date of the enactment of this Act, 

12 the Secretary of the Air Force may not equip any unit 

13 of the Air National Guard of the United States with an 

14 F–35 aircraft until the ratio of combat-coded F–35 air15 craft of the Regular Air Force to combat-coded F–35 air16 craft of the Air National Guard is greater than 4 to 1. 

17 SEC. 146. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

18 REDUCING THE NUMBER OF KC–135 AIR19 CRAFT OF THE AIR NATIONAL GUARD DES20 IGNATED AS PRIMARY MISSION AIRCRAFT IN21 VENTORY. 

22 Section 135(d) of the William M. (Mac) Thornberry 

23 National Defense Authorization Act for Fiscal Year 2021 

24 (Public Law 116–283) is amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
45 

•S 2792 RS

1 (1) by striking ‘‘None’’ and inserting the fol2 lowing: 

3 ‘‘(1) FISCAL YEAR 2021.—None’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) FISCAL YEAR 2022.—None of the funds au7 thorized to be appropriated by this Act for fiscal 

8 year 2022 for the Air Force may be obligated to re9 duce the number of KC–135 aircraft of the Air Na10 tional Guard designated as primary mission aircraft 

11 inventory.’’. 

12 SEC. 147. AUTHORITY TO DIVEST 18 KC–135 AIRCRAFT. 

13 Notwithstanding section 135 of the William M. (Mac) 

14 Thornberry National Defense Authorization Act for Fiscal 

15 Year 2021 (Public Law 116–283), during the period be16 ginning on the date of the enactment of this Act and end17 ing on October 1, 2022, the Secretary of the Air Force 

18 may divest 18 KC–135 aircraft. 

19 SEC. 148. PROHIBITION ON USE OF FUNDS FOR A FOLLOW20 ON TANKER AIRCRAFT TO THE KC–46 AIR21 CRAFT. 

22 None of the funds authorized to be appropriated by 

23 this Act for fiscal year 2022 for the Air Force may be 

24 obligated for a follow-on tanker aircraft to the KC–46 air25 craft (commonly referred to as a ‘‘bridge tanker’’) until 


Pbinns on DSKJLVW7X2PROD with BILLS
46 

•S 2792 RS

1 the date on which the Remote Vision System version 2.0 

2 begins operational testing. 

3 SEC. 149. MAINTENANCE OF B–1 BOMBER AIRCRAFT 

4 SQUADRONS. 

5 The Secretary of the Air Force shall fully maintain 

6 the operational and maintenance squadrons of the B–1 

7 bomber aircraft in existence as of the date of the enact8 ment of this Act until at least September 30, 2030, unless 

9 such squadrons are replaced by units of the B–21 bomber 

10 aircraft. 

11 Subtitle E—Defense-wide, Joint, 

12 and Multiservice Matters 

13 SEC. 161. PROHIBITION ON DUPLICATION OF EFFORTS TO 

14 PROVIDE AIR- AND SPACE-BASED GROUND 

15 MOVING TARGET INDICATOR CAPABILITY. 

16 (a) PROHIBITION ON DUPLICATION OF EFFORTS.— 

17 The Secretary of Defense shall ensure that efforts to pro18 vide air- and space-based ground moving target indicator 

19 capability are not duplicated across the Department of De20 fense. 

21 (b) PROHIBITION ON USE OF FUNDS.—The Sec22 retary of Defense may not obligate or expend any funds 

23 to provide the capability described in subsection (a) until 

24 the Vice Chairman of the Joint Chiefs of Staff, in con25 sultation with the Secretaries of the military departments 


Pbinns on DSKJLVW7X2PROD with BILLS
47 

•S 2792 RS

1 and the heads of such agencies as the Secretary of Defense 

2 considers appropriate, submits to the congressional de3 fense committees the following: 

4 (1) A list of all procurement and research and 

5 development efforts relating to the capability de6 scribed in subsection (a) funded by the Department 

7 of Defense or any other agency of the executive 

8 branch. 

9 (2) A description of how the efforts described in 

10 paragraph (1) will provide real-time information to 

11 warfighters through the use of air battle managers 

12 and the joint all domain command and control ef13 forts of the Department. 

14 SEC. 162. LIMITATION ON FUNDS FOR ARMED OVERWATCH 

15 AIRCRAFT. 

16 None of the funds authorized to be appropriated by 

17 this Act for Procurement, Defense-wide, for the procure18 ment of armed overwatch aircraft by the United States 

19 Special Operations Command may be obligated or ex20 pended until 15 days after submission to the congressional 

21 defense committees of the acquisition roadmap required 

22 by section 165(a) of the William M. (Mac) Thornberry Na23 tional Defense Authorization Act for Fiscal Year 2021 

24 (Public Law 116–283). 


Pbinns on DSKJLVW7X2PROD with BILLS
48 

•S 2792 RS

1 SEC. 163. TRANSITION OF F–35 PROGRAM SUSTAINMENT 

2 FROM JOINT PROGRAM OFFICE TO AIR 

3 FORCE AND NAVY. 

4 (a) TRANSITION PLAN.—Not later than February 1, 

5 2022, the Under Secretary of Defense for Acquisition and 

6 Sustainment, in consultation with the Secretary of the Air 

7 Force and the Secretary of the Navy, shall submit to the 

8 congressional defense committees a report with a plan for 

9 transitioning sustainment responsibilities for the F–35 

10 program away from the Joint Program Office. The plan 

11 shall include the full transfer by October 1, 2027, of 

12 sustainment responsibilities for the F–35A to the Air 

13 Force as executive agent and of sustainment responsibil14 ities for the F–35B and F–35C to the Navy as executive 

15 agent. 

16 (b) TRANSITION REQUIREMENT.—Not later than Oc17 tober 1, 2027, the Secretary of Defense shall fully transi18 tion sustainment responsibilities for the F–35 program 

19 from the Joint Program Office to the Air Force and the 

20 Navy as specified under subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
49 

•S 2792 RS

1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2022 for the use of the Department of Defense 

9 for research, development, test, and evaluation, as speci10 fied in the funding table in section 4201. 

11 Subtitle B—Program Require12 ments, Restrictions, and Limita13 tions 

14 SEC. 211. INCREASE IN ALLOWABLE RATE OF BASIC PAY 

15 FOR CERTAIN EMPLOYEES OF DEFENSE AD16 VANCED RESEARCH PROJECTS AGENCY. 

17 Subparagraph (A) of section 1599h(b)(2) of title 10, 

18 United States Code, is amended to read as follows: 

19 ‘‘(A) in the case of employees appointed pursu20 ant to paragraph (1)(B)— 

21 ‘‘(i) to any of 5 positions designated by the 

22 Director of the Defense Advanced Research 

23 Projects Agency for purposes of this clause, at 

24 rates not in excess of a rate equal to 150 per25 cent of the maximum rate of basic pay authorVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
50 

•S 2792 RS

1 ized for positions at Level I of the Executive 

2 Schedule under section 5312 of title 5; and 

3 ‘‘(ii) to any other position designated by 

4 the Director for purposes of this clause, at 

5 rates not in excess of the maximum amount of 

6 total annual compensation payable at the salary 

7 set in accordance with section 104 of title 3; 

8 and’’. 

9 SEC. 212. ADDITIONAL MISSION AREAS FOR MECHANISMS 

10 FOR EXPEDITED ACCESS TO TECHNICAL TAL11 ENT AND EXPERTISE AT ACADEMIC INSTITU12 TIONS BY DEPARTMENT OF DEFENSE. 

13 Section 217(e) of the National Defense Authorization 

14 Act for Fiscal Year 2018 (10 U.S.C. 2358 note) is amend15 ed— 

16 (1) by redesignating paragraph (30) as para17 graph (33); and 

18 (2) by inserting after paragraph (29) the fol19 lowing new paragraphs (30), (31), and (32): 

20 ‘‘(30) Research security and integrity. 

21 ‘‘(31) Spectrum dominance. 

22 ‘‘(32) Printed circuit boards.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
51 

•S 2792 RS

1 SEC. 213. MODIFICATION OF OTHER TRANSACTION AU2 THORITY FOR RESEARCH PROJECTS. 

3 Section 2371 of title 10, United States Code, is 

4 amended— 

5 (1) in subsection (e)— 

6 (A) by striking paragraph (2); 

7 (B) in paragraph (1), in the matter before 

8 subparagraph (A), by striking ‘‘(1)’’; and 

9 (C) by redesignating subparagraphs (A) 

10 and (B) as paragraphs (1) and (2), respectively; 

11 and 

12 (2) by amending subsection (h) to read as fol13 lows: 

14 ‘‘(h) GUIDANCE.—The Secretary of Defense shall 

15 issue guidance to carry out this section.’’. 

16 SEC. 214. ARTIFICIAL INTELLIGENCE METRICS. 

17 (a) IN GENERAL.—Not later than 180 days after the 

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

19 shall— 

20 (1) review the potential applications of artificial 

21 intelligence and digital technology to Department of 

22 Defense platforms, processes, and operations; and 

23 (2) establish performance objectives and accom24 panying metrics for the incorporation of artificial in25 telligence and digital readiness into such platforms, 

26 processes, and operations. 


Pbinns on DSKJLVW7X2PROD with BILLS
52 

•S 2792 RS

1 (b) PERFORMANCE OBJECTIVES AND ACCOMPANYING

2 METRICS.— 

3 (1) SKILL GAPS.—In carrying out subsection 

4 (a), the Secretary shall require each secretary of a 

5 military department and the head of each component 

6 of the Department shall— 

7 (A)(i) conduct a comprehensive review of 

8 skill gaps in the fields of software development, 

9 software engineering, knowledge management, 

10 data science, and artificial intelligence; 

11 (ii) assess the number and qualifications of 

12 civilian personnel needed for both management 

13 and specialist tracks in such fields; 

14 (iii) assess the number of military per15 sonnel (officer and enlisted) needed for both 

16 management and specialist tracks in such 

17 fields; and 

18 (B) establish recruiting, training, and tal19 ent management performance objectives and ac20 companying metrics for achieving and maintain21 ing staffing levels needed to fill identified gaps 

22 and meet the needs of the Department for 

23 skilled personnel. 

24 (2) AI MODERNIZATION ACTIVITIES.—In car25 rying out subsection (a), the Secretary shall— 


Pbinns on DSKJLVW7X2PROD with BILLS
53 

•S 2792 RS

1 (A) assess investment by the Department 

2 in artificial intelligence innovation, science and 

3 technology, and research and development; 

4 (B) assess investment by the Department 

5 in test and evaluation of artificial intelligence 

6 capabilities; and 

7 (C) establish performance objectives and 

8 accompanying metrics for artificial intelligence 

9 modernization activities of the Department. 

10 (3) EXERCISES, WARGAMES, AND EXPERIMEN11 TATION.—To assist the Secretary in carrying out 

12 subsection (a), the Chairman of the Joint Chiefs of 

13 Staff shall— 

14 (A) assess the integration of artificial intel15 ligence into war-games, exercises, and experi16 mentation; and 

17 (B) develop performance objectives and ac18 companying metrics for such integration. 

19 (4) LOGISTICS AND SUSTAINMENT.—In car20 rying out subsection (a), the Secretary shall require 

21 the Under Secretary of Defense for Acquisition and 

22 Sustainment— 

23 (A) to assess the application of artificial 

24 intelligence in logistics and sustainment sys25 tems; and 


Pbinns on DSKJLVW7X2PROD with BILLS
54 

•S 2792 RS

1 (B) to establish performance objectives and 

2 accompanying metrics for integration of artifi3 cial intelligence in the Department of Defense 

4 logistics and sustainment enterprise. 

5 (5) BUSINESS AI APPLICATIONS.—In carrying 

6 out subsection (a), the Secretary of Defense shall— 

7 (A) assess the integration of artificial intel8 ligence for administrative functions that can be 

9 performed with robotic process automation and 

10 artificial intelligence-enabled analysis; and 

11 (B) establish performance objectives and 

12 accompanying metrics for the integration of ar13 tificial intelligence in priority business process 

14 areas of the Department, including the fol15 lowing: 

16 (i) Human resources. 

17 (ii) Budget and finance, including 

18 audit. 

19 (iii) Retail. 

20 (iv) Real estate. 

21 (v) Health care. 

22 (vi) Logistics. 

23 (vii) Such other business processes as 

24 the Secretary considers appropriate. 


Pbinns on DSKJLVW7X2PROD with BILLS
55 

•S 2792 RS

1 (c) REPORT TO CONGRESS.—Not later than 120 days 

2 after the completion of the review required by subsection 

3 (a)(1), the Secretary shall submit to the congressional de4 fense committees a report on— 

5 (1) the findings of the Secretary with respect to 

6 the review and any action taken or proposed to be 

7 taken by the Secretary to address such findings; and 

8 (2) the performance objectives and accom9 panying metrics established under subsections (a)(2) 

10 and (b). 

11 SEC. 215. MODIFICATION OF THE JOINT COMMON FOUNDA12 TION PROGRAM. 

13 (a) MODIFICATION OF JOINT COMMON FOUNDA14 TION.—The Secretary of Defense shall modify the Joint 

15 Common Foundation program conducted by the Joint Ar16 tificial Intelligence Center to ensure that Department of 

17 Defense components can more easily contract with leading 

18 commercial artificial intelligence companies to support the 

19 rapid and efficient development and deployment of appli20 cations and capabilities. 

21 (b) QUALIFYING COMMERCIAL COMPANIES.—The 

22 Secretary shall take such actions as may be necessary to 

23 increase the number of commercial artificial intelligence 

24 companies eligible to provide support to Department of 

25 Defense components, including with respect to requireVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
56 

•S 2792 RS

1 ments for cybersecurity protections and processes, to 

2 achieve automatic authority to operate and provide contin3 uous delivery, security clearances, data portability, and 

4 interoperability. 

5 (c) USE OF FAR PART 12.—The Secretary shall en6 sure that, to the maximum extent practicable, commercial 

7 artificial intelligence companies are able to offer plat8 forms, services, applications, and tools to components 

9 through processes and procedures under part 12 of the 

10 Federal Acquisition Regulation. 

11 (d) OBJECTIVES OF THE JOINT COMMON FOUNDA12 TION PROGRAM.—The objectives of the Joint Common 

13 Foundation shall include the following: 

14 (1) Relieving components of the need to design 

15 or develop or independently contract for the com16 puting and data hosting platforms and associated 

17 services on and through which the component would 

18 apply its domain expertise to develop specific artifi19 cial intelligence applications. 

20 (2) Providing expert guidance to components in 

21 selecting commercial platforms, tools, and services to 

22 support the development of component artificial in23 telligence applications. 

24 (3) Ensuring that leading commercial artificial 

25 intelligence technologies and capabilities are easily 


Pbinns on DSKJLVW7X2PROD with BILLS
57 

•S 2792 RS

1 and rapidly accessible to components through 

2 streamlined contracting processes. 

3 (4) Assisting components in designing, devel4 oping, accessing, or acquiring commercial or non5 commercial capabilities that may be needed to sup6 port the operational use of artificial intelligence ap7 plications. 

8 (5) Enabling companies to develop software for 

9 artificial intelligence applications within secure soft10 ware development environments that are controlled, 

11 sponsored, required, or specified by the Department 

12 of Defense, including PlatformOne of the Depart13 ment of the Air Force 

14 (e) BRIEFING.—Not later than 120 days after the 

15 date of the enactment of this Act, the Secretary shall pro16 vide to the congressional defense committees a briefing on 

17 actions taken to carry out this section. 

18 SEC. 216. EXECUTIVE EDUCATION ON EMERGING TECH19 NOLOGIES FOR SENIOR CIVILIAN AND MILI20 TARY LEADERS. 

21 (a) ESTABLISHMENT OF COURSE.—Not later than 

22 two years after the date of the enactment of this Act, the 

23 Secretary of Defense shall establish executive education 

24 activities on emerging technologies for appropriate general 

25 and flag officers and senior executive-level civilian leaders 


Pbinns on DSKJLVW7X2PROD with BILLS
58 

•S 2792 RS

1 that are designed specifically to prepare new general and 

2 flag officers and senior executive-level civilian leaders on 

3 relevant technologies and how these technologies may be 

4 applied to military and business activities in the Depart5 ment of Defense. 

6 (b) PLAN FOR PARTICIPATION.— 

7 (1) IN GENERAL.—The Secretary of Defense 

8 shall develop a plan for participation in executive 

9 education activities established under subsection (a). 

10 (2) REQUIREMENTS.—As part of such plan, the 

11 Secretary shall ensure that, not later than five years 

12 after the date of the establishment of the activities 

13 under subsection (a), all appropriate general flag of14 ficers and senior executive-level civilian leaders are— 

15 (A) required to complete the executive edu16 cation activities under such subsection; and 

17 (B) certified as having successfully com18 pleted the executive education activities. 

19 (c) REPORT.— 

20 (1) IN GENERAL.—Not later than the date that 

21 is three years after the date of the enactment of this 

22 Act, the Secretary of Defense shall submit to the 

23 Committee on Armed Services of the Senate and the 

24 Committee on Armed Services of the House of RepVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
59 

•S 2792 RS

1 resentatives a report on the status of the implemen2 tation of the activities required by subsection (a). 

3 (2) CONTENTS.—The report submitted under 

4 paragraph (1) shall include the following: 

5 (A) A description of the new general and 

6 flag officers and senior executive-level civilian 

7 leaders for whom the education activities have 

8 been designated. 

9 (B) A recommendation with respect to con10 tinuing or expanding the activities required 

11 under subsection (a). 

12 SEC. 217. IMPROVEMENTS RELATING TO NATIONAL NET13 WORK FOR MICROELECTRONICS RESEARCH 

14 AND DEVELOPMENT. 

15 Section 9903(b) of the William M. (Mac) Thornberry 

16 National Defense Authorization Act for Fiscal Year 2021 

17 (Public Law 116–283) is amended— 

18 (1) in paragraph (1), in the matter before sub19 paragraph (A), by striking ‘‘may’’ and inserting 

20 ‘‘shall’’; and 

21 (2) by adding at the end the following new 

22 paragraphs: 

23 ‘‘(3) STRUCTURE.—(A) In carrying out para24 graph (1), the Secretary shall, through a competitive 

25 process, select two or more entities to carry out the 


Pbinns on DSKJLVW7X2PROD with BILLS
60 

•S 2792 RS

1 activities described in paragraph (2) as part of the 

2 network established under paragraph (1). 

3 ‘‘(B) The Secretary shall, to the extent prac4 ticable, ensure that the entities selected under sub5 paragraph (A) collectively represent the geographic 

6 diversity of the United States.’’. 

7 SEC. 218. ACTIVITIES TO ACCELERATE DOMESTIC QUAN8 TUM COMPUTING CAPABILITIES. 

9 (a) ACTIVITIES REQUIRED.—The Secretary of De10 fense shall establish a set of activities— 

11 (1) to accelerate the development and deploy12 ment of a useful, large scale, dual-use quantum com13 puting capability; 

14 (2) to ensure that the Department of Defense 

15 is fully aware and has a technical understanding of 

16 the maturity and operational utility of new and 

17 emerging quantum computing technologies; and 

18 (3) to ensure the Department of Defense con19 sistently has access to the most advanced quantum 

20 computing capabilities available in the commercial 

21 sector to support research and modernization activi22 ties. 

23 (b) ASSISTANCE PROGRAM.— 

24 (1) PROGRAM REQUIRED.—In carrying out sub25 section (a) and subject to the availability of approVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
61 

•S 2792 RS

1 priations for this purpose, the Secretary shall, acting 

2 through the Director of the Defense Advanced Re3 search Projects Agency and in consultation with 

4 such officials from government and private sector or5 ganizations as the Secretary considers appropriate, 

6 establish a program under which the Secretary may 

7 award assistance to one or more organizations to ac8 celerate the development and deployment of a useful, 

9 dual-use quantum computing capability. 

10 (2) FORM OF ASSISTANCE.—Assistance award11 ed under the program required by paragraph (1) 

12 may consist of a grant, a contract, a cooperative 

13 agreement, or such other form of assistance as the 

14 Secretary considers appropriate. 

15 (3) AUTHORITIES AND ACQUISITION AP16 PROACHES.—The Secretary may use the following 

17 authorities and acquisition approaches for the pro18 gram required by paragraph (1): 

19 (A) Section 2374a of title 10, United 

20 States Code, relating to prizes for advanced 

21 technology achievements. 

22 (B) Section 2373 of such title, relating to 

23 procurement for experimental purposes. 


Pbinns on DSKJLVW7X2PROD with BILLS
62 

•S 2792 RS

1 (C) Sections 2371 and 2371b of such title, 

2 relating to transactions other than contracts 

3 and grants. 

4 (D) Section 2358 of such title, relating to 

5 research and development projects. 

6 (E) Section 879 of the National Defense 

7 Authorization Act for Fiscal Year 2017 (Public 

8 Law 114–328; 10 U.S.C. 2302 note), relating 

9 to defense pilot program for authority to ac10 quire innovative commercial items, technologies, 

11 and services using general solicitation competi12 tive procedures. 

13 (F) Milestone payments based on technical 

14 achievements. 

15 (G) Requirement for cost share from pri16 vate sector participants in the program. 

17 (H) Commercial procurements under part 

18 12 of the Federal Acquisition Regulations. 

19 (I) Such other authorities or approaches as 

20 the Secretary considers appropriate. 

21 (4) POLICIES AND PROCEDURES.—The Sec22 retary shall, in consultation with such experts from 

23 government and industry as the Secretary considers 

24 appropriate, establish policies and procedures to 

25 carry out the program required by paragraph (1). 


Pbinns on DSKJLVW7X2PROD with BILLS
63 

•S 2792 RS

1 (c) BRIEFING AND REPORT.— 

2 (1) BRIEFING.—Not later than March 1, 2022, 

3 the Secretary shall provide to the congressional de4 fense committees a briefing on the plan to carry out 

5 the activities required by subsection (a) and the pro6 gram required by subsection (b). 

7 (2) REPORT.—Not later than December 31, 

8 2022, and not less frequently than once each year 

9 thereafter until December 31, 2026, the Secretary 

10 shall submit to the congressional defense committees 

11 a report on the activities carried out under sub12 section (a) and the program carried out under sub13 section (b). 

14 SEC. 219. PILOT PROGRAMS FOR PASSIVE TELECOMMUNI15 CATIONS INFRASTRUCTURE TO FACILITATE 

16 INSTALLATION 5G DEPLOYMENT. 

17 (a) PLANS.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after enactment of this Act, each Secretary of a mili20 tary department shall submit to the congressional 

21 defense committees a plan for a pilot program for 

22 the deployment of passive telecommunications infra23 structure to facilitate the deployment of fifth-genera24 tion wireless telecommunications on military installa25 tions of the respective military department. 


Pbinns on DSKJLVW7X2PROD with BILLS
64 

•S 2792 RS

1 (2) PLAN ELEMENTS.—Each plan submitted 

2 under paragraph (1) by a Secretary of a military de3 partment shall include, with respect to such military 

4 department, the following: 

5 (A) A list of military installations at which 

6 the pilot program will be carried out, including 

7 at least one military installation of the depart8 ment. 

9 (B) A description of authorities that will 

10 be used to execute the pilot program. 

11 (C) A timeline for the implementation and 

12 duration of the pilot program. 

13 (D) The number of telecommunication car14 riers that intend to use the passive tele15 communications infrastructure to provide serv16 ices at each of the military installations listed 

17 under subparagraph (A). 

18 (E) An assessment of need for centralized 

19 processes and points of contacts to facilitate 

20 passive telecommunications infrastructure or 

21 similar telecommunications infrastructure. 

22 (b) PILOT PROGRAMS REQUIRED.—Not later than 

23 one year after the date of the enactment of this Act, each 

24 Secretary of a military department shall establish a pilot 


Pbinns on DSKJLVW7X2PROD with BILLS
65 

•S 2792 RS

1 program in accordance with the plan submitted by the 

2 Secretary under subsection (a)(1). 

3 (c) REPORTS.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date on which a Secretary of a military de6 partment commences a pilot program under sub7 section (b) and not less frequently than once every 

8 180 days thereafter until the completion of the pilot 

9 program, the Secretary of the military department 

10 shall submit to the congressional defense committees 

11 a report on the pilot program. 

12 (2) CONTENTS.—Each report submitted under 

13 paragraph (1) for a pilot program shall include the 

14 following: 

15 (A) A description of the status of the pilot 

16 program at each location at which the pilot pro17 gram is carried out. 

18 (B) A description of the use of and serv19 ices provided by telecommunications carriers of 

20 the passive telecommunications infrastructure 

21 at each military installation under the pilot pro22 gram. 

23 (C) Such additional information as the 

24 Secretary of the military department considers 

25 appropriate. 


Pbinns on DSKJLVW7X2PROD with BILLS
66 

•S 2792 RS

1 (d) PASSIVE TELECOMMUNICATIONS INFRASTRUC2 TURE DEFINED.—In this section, the term ‘‘passive tele3 communications infrastructure’’ means the passive compo4 nents that enable services of commercial telecommuni5 cation carriers and Department of Defense private net6 works, including macro tower, small cell poles, distributed 

7 antenna systems, dark fiber, and assured power solutions. 

8 SEC. 220. NATIONAL GUARD PARTICIPATION IN MICRO9 REACTOR TESTING AND EVALUATION. 

10 The Secretary of Defense may, in coordination with 

11 the Director of the Strategic Capabilities Office and the 

12 Chief of the National Guard Bureau, assemble a collection 

13 of four National Guard units to participate in the testing 

14 and evaluation of a micro nuclear reactor program. 

15 SEC. 221. LIMITATION ON TRANSFER OF CERTAIN OPER16 ATIONAL FLIGHT TEST EVENTS AND REDUC17 TION IN OPERATIONAL FLIGHT TEST CAPAC18 ITY. 

19 The Secretary of the Navy may not transfer any oper20 ational flight test event to be completed by a nontest des21 ignated unit and may not reduce any operational flight 

22 test capacity until such time as the Director of Oper23 ational Test and Evaluation has, in consultation with the 

24 Secretary of the Navy, certified that the use of nontest 

25 designated units to conduct flight tests will not have any 


Pbinns on DSKJLVW7X2PROD with BILLS
67 

•S 2792 RS

1 appreciable effect on program cost, program schedule, or 

2 the efficacy of test completion. 

3 SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 THE HIGH ACCURACY DETECTION AND EX5 PLOITATION SYSTEM. 

6 Of the funds authorized to be appropriated by this 

7 Act for fiscal year 2022 for Research, Development, Test 

8 and Evaluation, Army, for the High Accuracy Detection 

9 and Exploitation System, not more than 50 percent may 

10 be obligated until the Vice Chairman of the Joint Chiefs 

11 of Staff certifies that— 

12 (1) the High Accuracy Detection and Exploi13 tation System is a critical component of Project 

14 Convergence of the Army and is consistent with the 

15 Joint All Domain Command and Control strategy of 

16 the Department of Defense; and 

17 (2) in a conflict, it will be able to operate at 

18 standoff distances for survivability against enemy air 

19 defenses, while providing signals intelligence, elec20 tronic intelligence, communications intelligence, or 

21 synthetic aperture radar or moving target indicator 

22 information to the ground component commander, 

23 consistent with planned operational concepts. 


Pbinns on DSKJLVW7X2PROD with BILLS
68 

•S 2792 RS

1 Subtitle C—Codification and 

2 Technical Corrections 

3 SEC. 231. CODIFICATION OF DIRECT HIRE AUTHORITY AT 

4 PERSONNEL DEMONSTRATION LABORA5 TORIES FOR ADVANCED DEGREE HOLDERS. 

6 (a) IN GENERAL.—Section 2358a of title 10, United 

7 States Code, is amended— 

8 (1) by redesignating subsection (f) as sub9 section (g); and 

10 (2) by inserting after subsection (e) the fol11 lowing new subsection (f): 

12 ‘‘(f) DIRECT HIRE AUTHORITY AT PERSONNEL DEM13 ONSTRATION LABORATORIES FOR ADVANCED DEGREE

14 HOLDERS.— 

15 ‘‘(1) AUTHORITY.—The Secretary of Defense 

16 may appoint qualified candidates possessing an ad17 vanced degree to positions described in paragraph 

18 (2) without regard to the provisions of subchapter I 

19 of chapter 33 of title 5, other than sections 3303 

20 and 3328 of such title. 

21 ‘‘(2) APPLICABILITY.—This subsection applies 

22 with respect to candidates for scientific and engi23 neering positions within any laboratory designated 

24 by section 1105(a) of the National Defense Author25 ization Act for Fiscal Year 2010 (Public Law 111– 


Pbinns on DSKJLVW7X2PROD with BILLS
69 

•S 2792 RS

1 84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a De2 partment of Defense science and technology reinven3 tion laboratory. 

4 ‘‘(3) LIMITATION.—(A) Authority under this 

5 subsection may not, in any calendar year and with 

6 respect to any laboratory, be exercised with respect 

7 to a number of candidates greater than the number 

8 equal to 5 percent of the total number of scientific 

9 and engineering positions within such laboratory 

10 that are filled as of the close of the fiscal year last 

11 ending before the start of such calendar year. 

12 ‘‘(B) For purposes of this paragraph, positions 

13 and candidates shall be counted on a full-time equiv14 alent basis.’’. 

15 (b) REPEAL.—Section 1108 of the Duncan Hunter 

16 National Defense Authorization Act for Fiscal Year 2009 

17 (Public Law 110–417) is hereby repealed. 

18 (c) CONFORMING AMENDMENTS.—(1) Section 

19 255(b)(5)(B) of the National Defense Authorization Act 

20 for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 

21 2223a note) is amended by striking ‘‘in section 

22 2358a(f)(3) of’’ and inserting ‘‘in section 2358a(g) of’’. 

23 (2) Section 223(d)(3)(C) of the National Defense Au24 thorization Act for Fiscal Year 2020 (Public Law 116– 


Pbinns on DSKJLVW7X2PROD with BILLS
70 

•S 2792 RS

1 92; 10 U.S.C. 2358 note) is amended by striking ‘‘in sec2 tion 2358a(f) of’’ and inserting ‘‘in section 2358a(g) of’’. 

3 SEC. 232. CODIFICATION OF AUTHORITIES RELATING TO 

4 DEPARTMENT OF DEFENSE SCIENCE AND 

5 TECHNOLOGY REINVENTION LABORATORIES. 

6 (a) IN GENERAL.—Subchapter II of chapter 305 of 

7 title 10, United States Code, as added by section 1843 

8 of the William M. (Mac) Thornberry National Defense Au9 thorization Act for Fiscal Year 2021 (Public Law 116– 

10 283), is amended by inserting before section 4111 the fol11 lowing new section: 

12 ‘‘§ 4110. Science and technology reinvention labora13 tories: authority and designation 

14 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense 

15 may carry out personnel demonstration projects at De16 partment of Defense laboratories designated by the Sec17 retary as Department of Defense science and technology 

18 reinvention laboratories. 

19 ‘‘(2)(A) Each personnel demonstration project car20 ried out under the authority of paragraph (1) shall be gen21 erally similar in nature to the China Lake demonstration 

22 project. 

23 ‘‘(B) For purposes of subparagraph (A), the China 

24 Lake demonstration project is the demonstration project 

25 that is authorized by section 6 of the Civil Service MisVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
71 

•S 2792 RS

1 cellaneous Amendments Act of 1983 (Public Law 98–224) 

2 to be continued at the Naval Weapons Center, China 

3 Lake, California, and at the Naval Ocean Systems Center, 

4 San Diego, California. 

5 ‘‘(3) If the Secretary carries out a demonstration 

6 project at a laboratory pursuant to paragraph (1), section 

7 4703 of title 5 shall apply to the demonstration project, 

8 except that— 

9 ‘‘(A) subsection (d) of such section 4703 shall 

10 not apply to the demonstration project; 

11 ‘‘(B) the authority of the Secretary to carry out 

12 the demonstration project is that which is provided 

13 in paragraph (1) rather than the authority which is 

14 provided in such section 4703; and 

15 ‘‘(C) the Secretary shall exercise the authorities 

16 granted to the Office of Personnel Management 

17 under such section 4703 through the Under Sec18 retary of Defense for Research and Engineering 

19 (who shall place an emphasis in the exercise of such 

20 authorities on enhancing efficient operations of the 

21 laboratory and who may, in exercising such authori22 ties, request administrative support from science and 

23 technology reinvention laboratories to review, re24 search, and adjudicate personnel demonstration 

25 project proposals). 


Pbinns on DSKJLVW7X2PROD with BILLS
72 

•S 2792 RS

1 ‘‘(4) The employees of a laboratory covered by a per2 sonnel demonstration project carried out under this sec3 tion shall be exempt from, and may not be counted for 

4 the purposes of, any constraint or limitation in a statute 

5 or regulation in terms of supervisory ratios or maximum 

6 number of employees in any specific category or categories 

7 of employment that may otherwise be applicable to the em8 ployees. The employees shall be managed by the director 

9 of the laboratory subject to the supervision of the Under 

10 Secretary of Defense for Research and Engineering. 

11 ‘‘(5) The limitations in section 5373 of title 5 do not 

12 apply to the authority of the Secretary under this sub13 section to prescribe salary schedules and other related 

14 benefits. 

15 ‘‘(b) DESIGNATION OF LABORATORIES.—Each of the 

16 following is hereby designated as a Department of Defense 

17 science and technology reinvention laboratory as described 

18 in subsection (a): 

19 ‘‘(1) The Air Force Research Laboratory. 

20 ‘‘(2) The Joint Warfare Analysis Center. 

21 ‘‘(3) The Army Research Institute for the Be22 havioral and Social Sciences. 

23 ‘‘(4) The Combat Capabilities Development 

24 Command Armaments Center. 


Pbinns on DSKJLVW7X2PROD with BILLS
73 

•S 2792 RS

1 ‘‘(5) The Combat Capabilities Development 

2 Command Army Research Laboratory. 

3 ‘‘(6) The Combat Capabilities Development 

4 Command Aviation and Missile Center. 

5 ‘‘(7) The Combat Capabilities Development 

6 Command Chemical Biological Center. 

7 ‘‘(8) The Combat Capabilities Development 

8 Command Command, Control, Communications, 

9 Computers, Cyber, Intelligence, Surveillance, and 

10 Reconnaissance Center. 

11 ‘‘(9) The Combat Capabilities Development 

12 Command Ground Vehicle Systems Center. 

13 ‘‘(10) The Combat Capabilities Development 

14 Command Soldier Center. 

15 ‘‘(11) The Engineer Research and Development 

16 Center. 

17 ‘‘(12) The Medical Research and Development 

18 Command. 

19 ‘‘(13) The Technical Center, US Army Space 

20 and Missile Defense Command. 

21 ‘‘(14) The Naval Air Systems Command War22 fare Centers. 

23 ‘‘(15) The Naval Facilities Engineering Com24 mand Engineering and Expeditionary Warfare Cen25 ter. 


Pbinns on DSKJLVW7X2PROD with BILLS
74 

•S 2792 RS

1 ‘‘(16) The Naval Information Warfare Centers, 

2 Atlantic and Pacific. 

3 ‘‘(17) The Naval Medical Research Center. 

4 ‘‘(18) The Naval Research Laboratory. 

5 ‘‘(19) The Naval Sea Systems Command War6 fare Centers. 

7 ‘‘(20) The Office of Naval Research. 

8 ‘‘(c) CONVERSION PROCEDURES.—The Secretary of 

9 Defense shall implement procedures to convert the civilian 

10 personnel of each Department of Defense science and 

11 technology reinvention laboratory, as so designated by 

12 subsection (b), to the personnel system under an appro13 priate demonstration project (as referred to in subsection 

14 (a)). Any conversion under this subsection— 

15 ‘‘(1) shall not adversely affect any employee 

16 with respect to pay or any other term or condition 

17 of employment; 

18 ‘‘(2) shall be consistent with section 4703(f) of 

19 title 5; 

20 ‘‘(3) shall be completed within 18 months after 

21 designation; and 

22 ‘‘(4) shall not apply to prevailing rate employ23 ees (as defined by section 5342(a)(2) of title 5) or 

24 senior executives (as defined by section 3132(a)(3) 

25 of such title). 


Pbinns on DSKJLVW7X2PROD with BILLS
75 

•S 2792 RS

1 ‘‘(d) LIMITATION.—The science and technology re2 invention laboratories, as so designated by subsection (a), 

3 may not implement any personnel system, other than a 

4 personnel system under an appropriate demonstration 

5 project (as referred to subsection (a)), without prior con6 gressional authorization.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 305 of such title, as added 

9 by section 1843 of the William M. (Mac) Thornberry Na10 tional Defense Authorization Act for Fiscal Year 2021 

11 (Public Law 116–283), is amended by inserting before the 

12 item relating to section 4111 the following new item: 

‘‘4110. Science and technology reinvention laboratories: authority and designation.’’. 

13 (c) CONFORMING REPEALS.—(1) Section 1105 of the 

14 National Defense Authorization Act For Fiscal Year 2010 

15 (Public Law 111–84; 10 U.S.C. 2358 note) is hereby re16 pealed. 

17 (2) Section 342(b) of the National Defense Author18 ization Act for Fiscal Year 1995 (Public Law 103–337; 

19 10 U.S.C. 2358 note) is hereby repealed. 

20 (d) CONFORMING AMENDMENTS.—(1) Section 

21 1601(f) of the National Defense Authorization Act for 

22 Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2358 

23 note) is amended by striking ‘‘section 342 of the National 

24 Defense Authorization Act for Fiscal Year 1995 (Public 


Pbinns on DSKJLVW7X2PROD with BILLS
76 

•S 2792 RS

1 Law 103–337; 108 Stat. 2721)’’ and inserting ‘‘section 

2 4110(a) of title 10, United States Code’’. 

3 (2) Section 1107 of the National Defense Authoriza4 tion Act for Fiscal Year 2008 (Public Law 110–181; 10 

5 U.S.C. 2358 note) is amended— 

6 (A) by amending subsection (a) to read as fol7 lows: 

8 ‘‘(e) REQUIREMENT.—The Secretary of Defense shall 

9 take all necessary actions to fully implement and use the 

10 authorities provided to the Secretary under subsection (a) 

11 of section 4110 of title 10, United States Code, to carry 

12 out personnel management demonstration projects at De13 partment of Defense laboratories designated by subsection 

14 (b) of such section as Department of Defense science and 

15 technology reinvention laboratories.’’; 

16 (B) in subsection (c), by striking ‘‘designated 

17 by section 1105(a) of the National Defense Author18 ization Act for Fiscal Year 2010 (Public Law 111– 

19 84; 123 Stat. 2486)’’ and inserting ‘‘designated by 

20 section 4110(b) of title 10, United States Code’’; 

21 and 

22 (C) in subsection (e)(3), by striking ‘‘section 

23 342(b) of the National Defense Authorization Act 

24 for Fiscal Year 1995 (as cited in subsection (a))’’ 


Pbinns on DSKJLVW7X2PROD with BILLS
77 

•S 2792 RS

1 and inserting ‘‘section 4110(a) of title 10, United 

2 States Code’’. 

3 (3) Section 1109(c) of the National Defense Author4 ization Act for Fiscal Year 2016 (Public Law 114–92; 10 

5 U.S.C. 2358 note) is amended by striking ‘‘specified in 

6 section 1105(a) of the National Defense Authorization Act 

7 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

8 2486; 10 U.S.C. 2358 note)’’ and inserting ‘‘designated 

9 under section 4110(b) of title 10, United States Code’’. 

10 (4) Section 2803(a)(1) of the National Defense Au11 thorization Act for Fiscal Year 2016 (Public Law 114– 

12 92; 10 U.S.C. 2358 note) is amended by striking ‘‘(as des13 ignated by section 1105(a) of the National Defense Au14 thorization Act for Fiscal Year 2010 (Public Law 111– 

15 84; 10 U.S.C. 2358 note)’’ and inserting ‘‘(as designated 

16 under section 4110(b) of title 10, United States Code)’’. 

17 (5) Section 1108(b) of the Duncan Hunter National 

18 Defense Authorization Act for Fiscal Year 2009 (Public 

19 Law 110–417; 10 U.S.C. 1580 note prec.) is amended by 

20 striking ‘‘section 1105(a) of the National Defense Author21 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

22 Stat. 2486; 10 U.S.C. 2358 note)’’ and inserting ‘‘section 

23 4110(b) of title 10, United States Code’’. 

24 (6) Section 211(g) of the National Defense Author25 ization Act for Fiscal Year 2017 (Public Law 114–328; 


Pbinns on DSKJLVW7X2PROD with BILLS
78 

•S 2792 RS

1 10 U.S.C. 2358 note) is amended by striking ‘‘under sec2 tion 1105 of the National Defense Authorization Act for 

3 Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 

4 note), as amended’’ and inserting ‘‘under section 4110(b) 

5 of title 10, United States Code’’. 

6 (7) Section 233(a)(2)(A) of the National Defense Au7 thorization Act for Fiscal Year 2017 (Public Law 114– 

8 328; 10 U.S.C. 2358 note) is amended by striking ‘‘as 

9 specified in section 1105(a) of the National Defense Au10 thorization Act for Fiscal Year 2010 (10 U.S.C. 2358 

11 note)’’ and inserting ‘‘as designated under section 4110(b) 

12 of title 10, United States Code’’. 

13 (8) Section 223(d)(3)(B) of the National Defense Au14 thorization Act for Fiscal Year 2020 (Public Law 116– 

15 92; 10 U.S.C. 2358 note) is amended by striking ‘‘under 

16 section 1105 of the National Defense Authorization Act 

17 for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 

18 2358 note)’’ and inserting ‘‘under section 4110(b) of title 

19 10, United States Code’’. 

20 (9) Section 252(e)(1) of the National Defense Au21 thorization Act for Fiscal Year 2020 (Public Law 116– 

22 92; 10 U.S.C. 2358 note) is amended by striking ‘‘under 

23 section 1105 of the National Defense Authorization Act 

24 for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 


Pbinns on DSKJLVW7X2PROD with BILLS
79 

•S 2792 RS

1 2358 note)’’ and inserting ‘‘under section 4110(b) of title 

2 10, United States Code’’. 

3 (10) Section 255(b)(5)(A) of the National Defense 

4 Authorization Act for Fiscal Year 2020 (Public Law 116– 

5 92; 10 U.S.C. 223a note) is amended by striking ‘‘(as des6 ignated under section 1105 of the National Defense Au7 thorization Act for Fiscal Year 2010 (Public Law 111– 

8 84; 10 U.S.C. 2358 note))’’ and inserting ‘‘(as designated 

9 under section 4110(b) of title 10, United States Code)’’. 

10 (11) Section 249 of the William M. (Mac) Thornberry 

11 National Defense Authorization Act for Fiscal Year 2021 

12 (Public Law 116–283) is amended— 

13 (A) in subsection (e)(1)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘under section 2358a of title 10, United States 

16 Code’’ and inserting ‘‘under section 4110(b) of 

17 title 10, United States Code’’; 

18 (ii) by striking subparagraph (B); and 

19 (iii) by redesignating subparagraph (C) as 

20 subparagraph (B); and 

21 (B) in subsection (g)(1)(B) by striking ‘‘under 

22 section 1105 of the National Defense Authorization 

23 Act for Fiscal Year 2010 (Public Law 111–84; 10 

24 U.S.C. 2358 note)’’ and inserting ‘‘under section 

25 4111 of title 10, United States Code’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
80 

•S 2792 RS

1 (12) Section 2368(h)(3) of title 10, United States 

2 Code, as redesignated by section 1844(b)(1) of the Wil3 liam M. (Mac) Thornberry National Defense Authoriza4 tion Act for Fiscal Year 2021 (Public Law 116–283), is 

5 amended by striking ‘‘designated under section 1105 of 

6 the National Defense Authorization Act for Fiscal Year 

7 2010 (Public Law 111–84; 10 U.S.C. 2358 note)’’ and 

8 inserting ‘‘designated under section 4110(b) of this title’’. 

9 (13) Section 4111 of title 10, United States Code, 

10 as redesignated by section 1843(b)(2) of the William M. 

11 (Mac) Thornberry National Defense Authorization Act for 

12 Fiscal Year 2021 (Public Law 116–283), is amended— 

13 (A) in subsection (b), by striking ‘‘designated 

14 by section 1105(a) of the National Defense Author15 ization Act for Fiscal Year 2010 (Public Law 111– 

16 84; 10 U.S.C. 2358 note)’’ both places it appears 

17 and inserting ‘‘designated by section 4110(b) of this 

18 title’’; and 

19 (B) in subsection (d)(2), by striking ‘‘pursuant 

20 to section 342(b) of the National Defense Authoriza21 tion Act for Fiscal Year 1995 (Public Law 103–337; 

22 10 U.S.C. 2358 note)’’ both places it appears and 

23 inserting ‘‘pursuant to section 4110(a) of this title’’. 

24 (14) Section 4112(f) of title 10, United States Code, 

25 as redesignated by section 1843(b)(2) of the William M. 


Pbinns on DSKJLVW7X2PROD with BILLS
81 

•S 2792 RS

1 (Mac) Thornberry National Defense Authorization Act for 

2 Fiscal Year 2021 (Public Law 116–283), as amended by 

3 subsection (e)(1) of this section, is amended by striking 

4 ‘‘by section 1105(a) of the National Defense Authorization 

5 Act for Fiscal Year 2010 (10 U.S.C. 2358 note)’’ and in6 serting ‘‘by section 4110(b) of this title’’. 

7 (e) TECHNICAL CORRECTIONS.—(1) Section 

8 1843(b)(2) of the William M. (Mac) Thornberry National 

9 Defense Authorization Act for Fiscal Year 2021 (Public 

10 Law 116–283) is amended— 

11 (A) by inserting ‘‘, 2358c,’’ after ‘‘Sections 

12 2358a’’; and 

13 (B) by striking ‘‘and 4112’’ and inserting ‘‘, 

14 4112, and 4113’’, respectively. 

15 (2) The table of sections at the beginning of chapter 

16 305 of title 10, United States Code, as added by section 

17 1843(a) of such Act, is amended by striking the item re18 lating to section 4112 and inserting the following new 

19 items: 

‘‘4112. Enhanced pay authority for certain research and technology positions in 

science and technology reinvention laboratories. 

‘‘4113. Research and development laboratories: contracts for services of university students.’’. 

20 (f) EFFECTIVE DATES.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), this section and the amendments made by 

23 this section shall take effect immediately after title 


Pbinns on DSKJLVW7X2PROD with BILLS
82 

•S 2792 RS

1 XVIII of the William M. (Mac) Thornberry National 

2 Defense Authorization Act for Fiscal Year 2021 

3 (Public Law 116–283) and the amendments made 

4 by such title take effect pursuant to section 

5 1801(d)(1) of such Act. 

6 (2) EFFECTIVE DATE OF CERTAIN TECHNICAL

7 CORRECTION.—Subsection (e)(1) shall take effect on 

8 the date of the enactment of this Act. 

9 SEC. 233. CODIFICATION OF REQUIREMENT FOR DEFENSE 

10 ESTABLISHED PROGRAM TO STIMULATE 

11 COMPETITIVE RESEARCH. 

12 (a) IN GENERAL.—Chapter 301 of title 10, United 

13 States Code, as added by section 1841 of the William M. 

14 (Mac) Thornberry National Defense Authorization Act for 

15 Fiscal Year 2021 (Public Law 116–283), is amended by 

16 inserting after section 4009 the following new section: 

17 ‘‘§ 4011. Defense Established Program to Stimulate 

18 Competitive Research 

19 ‘‘(a) PROGRAM REQUIRED.—The Secretary of De20 fense, acting through the Under Secretary of Defense for 

21 Research and Engineering, shall carry out a Defense Es22 tablished Program to Stimulate Competitive Research 

23 (DEPSCoR) as part of the university research programs 

24 of the Department of Defense. 


Pbinns on DSKJLVW7X2PROD with BILLS
83 

•S 2792 RS

1 ‘‘(b) PROGRAM OBJECTIVES.—The objectives of the 

2 program are as follows: 

3 ‘‘(1) To increase the number of university re4 searchers in eligible States capable of performing 

5 science and engineering research responsive to the 

6 needs of the Department of Defense. 

7 ‘‘(2) To enhance the capabilities of institutions 

8 of higher education in eligible States to develop, 

9 plan, and execute science and engineering research 

10 that is relevant to the mission of the Department of 

11 Defense and competitive under the peer-review sys12 tems used for awarding Federal research assistance. 

13 ‘‘(3) To increase the probability of long-term 

14 growth in the competitively awarded financial assist15 ance that institutions of higher education in eligible 

16 States receive from the Federal Government for 

17 science and engineering research. 

18 ‘‘(c) PROGRAM ACTIVITIES.—In order to achieve the 

19 program objectives, the following activities are authorized 

20 under the program: 

21 ‘‘(1) Competitive award of grants for research 

22 and instrumentation to support such research. 

23 ‘‘(2) Competitive award of financial assistance 

24 for graduate students. 


Pbinns on DSKJLVW7X2PROD with BILLS
84 

•S 2792 RS

1 ‘‘(3) To provide assistance to science and engi2 neering researchers at institutions of higher edu3 cation in eligible States through collaboration be4 tween Department of Defense laboratories and such 

5 researchers. 

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

7 necessary to further the achievement of the objec8 tives of the program. 

9 ‘‘(d) ELIGIBLE STATES.—(1) The Under Secretary 

10 of Defense for Research and Engineering shall designate 

11 which States are eligible States for the purposes of this 

12 section. 

13 ‘‘(2) The Under Secretary shall designate a State as 

14 an eligible State if, as determined by the Under Sec15 retary— 

16 ‘‘(A) the average annual amount of all Depart17 ment of Defense obligations for science and engi18 neering research and development that were in effect 

19 with institutions of higher education in the State for 

20 the three fiscal years preceding the fiscal year for 

21 which the designation is effective or for the last 

22 three fiscal years for which statistics are available is 

23 less than the amount determined by multiplying 60 

24 percent times the amount equal to 1/50 of the total 

25 average annual amount of all Department of DeVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
85 

•S 2792 RS

1 fense obligations for science and engineering re2 search and development that were in effect with in3 stitutions of higher education in the United States 

4 for such three preceding or last fiscal years, as the 

5 case may be; and 

6 ‘‘(B) the State has demonstrated a commitment 

7 to developing research bases in the State and to im8 proving science and engineering research and edu9 cation programs in areas relevant to the mission of 

10 the Department of Defense at institutions of higher 

11 education in the State. 

12 ‘‘(3) The Under Secretary shall not remove a des13 ignation of a State under paragraph (2) because the State 

14 exceeds the funding levels specified under subparagraph 

15 (A) of such paragraph unless the State has exceeded such 

16 funding levels for at least two consecutive years. 

17 ‘‘(e) COORDINATION WITH SIMILAR FEDERAL PRO18 GRAMS.—(1) The Secretary may consult with the Director 

19 of the National Science Foundation and the Director of 

20 the Office of Science and Technology Policy in the plan21 ning, development, and execution of the program and may 

22 coordinate the program with the Established Program to 

23 Stimulate Competitive Research conducted by the Na24 tional Science Foundation and with similar programs 


Pbinns on DSKJLVW7X2PROD with BILLS
86 

•S 2792 RS

1 sponsored by other departments and agencies of the Fed2 eral Government. 

3 ‘‘(2) All solicitations under the Defense Established 

4 Program to Stimulate Competitive Research may be made 

5 to, and all awards may be made through, the State com6 mittees established for purposes of the Established Pro7 gram to Stimulate Competitive Research conducted by the 

8 National Science Foundation. 

9 ‘‘(3) A State committee referred to in paragraph (2) 

10 shall ensure that activities carried out in the State of that 

11 committee under the Defense Established Program to 

12 Stimulate Competitive Research are relevant to the mis13 sion of the Department of Defense and coordinated with 

14 the activities carried out in the State under other similar 

15 initiatives of the Federal Government to stimulate com16 petitive research. 

17 ‘‘(f) STATE DEFINED.—In this section, the term 

18 ‘State’ means a State of the United States, the District 

19 of Columbia, the Commonwealth of Puerto Rico, Guam, 

20 the Virgin Islands, American Samoa, and the Common21 wealth of the Northern Mariana Islands.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 301 of such title, as added 

24 by section 1841 of the William M. (Mac) Thornberry Na25 tional Defense Authorization Act for Fiscal Year 2021 


Pbinns on DSKJLVW7X2PROD with BILLS
87 

•S 2792 RS

1 (Public Law 116–283), is amended by inserting after the 

2 item relating to section 4009 the following new item: 

‘‘4011. Defense Established Program to Stimulate Competitive Research.’’. 

3 (c) CONFORMING REPEALS.—(1) Section 307 of title 

4 I of the 1997 Emergency Supplemental Appropriations 

5 Act for Recovery from Natural Disasters, and for Over6 seas Peacekeeping Efforts, Including Those in Bosnia 

7 (Public Law 105–18; 10 U.S.C. 2358 note) 

8 (2) Section 257 of title II of division A of the Na9 tional Defense Authorization Act for Fiscal Year 1995 

10 (Public Law 103–337; 10 U.S.C. 2358 note) 

11 (d) EFFECTIVE DATE.—This section and the amend12 ments made by this section shall take effect immediately 

13 after title XVIII of the William M. (Mac) Thornberry Na14 tional Defense Authorization Act for Fiscal Year 2021 

15 (Public Law 116–283) and the amendments made by such 

16 title take effect pursuant to section 1801(d)(1) of such 

17 Act. 

18 SEC. 234. TECHNICAL CORRECTION TO PILOT PROGRAM 

19 FOR ENHANCEMENT OF RESEARCH, DEVEL20 OPMENT, TEST, AND EVALUATION CENTERS 

21 OF DEPARTMENT OF DEFENSE. 

22 Section 233(c)(2)(B) of the National Defense Au23 thorization Act for Fiscal Year 2017 (Public Law 114– 

24 328; 10 U.S.C. 2358 note) is amended by striking ‘‘Chief 


Pbinns on DSKJLVW7X2PROD with BILLS
88 

•S 2792 RS

1 Management Officer’’ and inserting ‘‘Deputy Secretary of 

2 Defense or a designee of the Deputy Secretary’’. 

3 Subtitle D—Plans, Reports, and 

4 Other Matters 

5 SEC. 241. STUDY ON EFFICIENT USE OF DEPARTMENT OF 

6 DEFENSE TEST AND EVALUATION ORGANIZA7 TIONS, FACILITIES, AND LABORATORIES. 

8 (a) STUDY REQUIRED.— 

9 (1) IN GENERAL.—Not later than 90 days after 

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

11 of Defense shall direct the Defense Science Board to 

12 carry out a study on the resources and capabilities 

13 of the Department of Defense test and evaluation 

14 (T&E) organizations, facilities, and laboratories. 

15 (2) PARTICIPATION.—Participants in the study 

16 shall include the following: 

17 (A) Such members of the Board as the 

18 Chairman of the Board considers appropriate 

19 for the study. 

20 (B) Such additional temporary members or 

21 contracted support as the Secretary— 

22 (i) selects from those recommended by 

23 the Chairman for purposes of the study; 

24 and 


Pbinns on DSKJLVW7X2PROD with BILLS
89 

•S 2792 RS

1 (ii) considers to have significant tech2 nical, policy, or military expertise relevant 

3 to defense test and evaluation missions. 

4 (3) ELEMENTS.—The study conducted pursu5 ant to paragraph (1) shall include the following: 

6 (A) Assessment of the effectiveness of cur7 rent developmental testing (DT), operational 

8 testing (OT), and integrated testing (IT) within 

9 the Department of Defense in meeting statu10 tory objectives and the test and evaluation re11 quirements of the Adaptive Acquisition Frame12 work. 

13 (B) Identification of industry and govern14 ment best practices for conducting develop15 mental testing, operational testing, and inte16 grated testing. 

17 (C) Potential applicability of industry and 

18 government best practices for conducting devel19 opmental testing, operational testing, and inte20 grated testing within the Department to im21 prove test and evaluation outcomes. 

22 (D) Identification of duplication of efforts 

23 and other non- or low-value added activities 

24 that reduce speed and effectiveness of test and 

25 evaluation activities. 


Pbinns on DSKJLVW7X2PROD with BILLS
90 

•S 2792 RS

1 (E) Assessment of test and evaluation 

2 oversight organizations within the Office of the 

3 Secretary of Defense, including their authori4 ties, responsibilities, activities, resources, and 

5 effectiveness, including with respect to acquisi6 tion programs of the military services and De7 fense Agencies. 

8 (F) Development and assessment of poten9 tial courses of action to improve the effective10 ness of oversight of developmental testing, oper11 ational testing, and integrated testing activities, 

12 and test and evaluation resources within the Of13 fice of the Secretary of Defense, including as 

14 one such course of action establishing a single 

15 integrated office with such responsibilities. 

16 (G) Development of such recommendations 

17 as the Board may have for legislative changes, 

18 authorities, organizational realignments, and 

19 administrative actions to improve test and eval20 uation oversight and capabilities, and facilitate 

21 better test and evaluation outcomes. 

22 (H) Such other matters as the Secretary 

23 considers appropriate. 

24 (4) ACCESS TO INFORMATION.—The Secretary 

25 shall provide the Board with timely access to approVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
91 

•S 2792 RS

1 priate information, data, resources, and analysis so 

2 that the Board may conduct a thorough and inde3 pendent analysis as required under this subsection. 

4 (5) REPORT.—(A) Not later than one year after 

5 the date on which the Secretary directs the Board 

6 to conduct the study pursuant to paragraph (1), or 

7 December 1, 2022, whichever occurs earlier, the 

8 Board shall transmit to the Secretary a final report 

9 on the study. 

10 (B) Not later than 30 days after the date on 

11 which the Secretary receives the final report under 

12 subparagraph (A), or December 31, 2022, whichever 

13 occurs earlier, the Secretary shall submit to the con14 gressional defense committees such report and such 

15 comments as the Secretary considers appropriate. 

16 (b) BRIEFING REQUIRED.—Not later than 90 days 

17 after the date of the enactment of this Act, the Secretary 

18 of Defense shall provide the congressional defense commit19 tees a briefing on the schedule and plan to execute activi20 ties under this section. 

21 SEC. 242. ANALYSIS OF POTENTIAL MODIFICATIONS TO DE22 PARTMENT OF DEFENSE UNMANNED AERIAL 

23 SYSTEMS CATEGORIZATION. 

24 (a) ANALYSIS REQUIRED.—The Under Secretary of 

25 Defense for Acquisition and Sustainment shall conduct an 


Pbinns on DSKJLVW7X2PROD with BILLS
92 

•S 2792 RS

1 analysis to determine whether modifications should be 

2 made in the Department of Defense grouping of un3 manned aerial systems (UAS) into five broad categories. 

4 (b) CONSIDERATIONS.—In assessing under sub5 section (a) whether to make modifications to any of the 

6 five existing unmanned aerial systems groups, or expand 

7 the number of groups, the Under Secretary shall con8 sider— 

9 (1) constraints the current categorization places 

10 on the ability to achieve future capability to support 

11 current and emerging warfighting concepts; 

12 (2) barriers arising from differences between 

13 the current categorization and the systems and tech14 nologies available in the commercial marketplace; 

15 and 

16 (3) effects of different category definitions on 

17 schedules for fielding of new unmanned aerial sys18 tems technologies. 

19 (c) CONSULTATION.—In carrying out subsection (a), 

20 the Under Secretary shall consult with— 

21 (1) the Secretaries of the military departments; 

22 (2) the Chairman of the Joint Chiefs of Staff; 

23 and 

24 (3) the Secretary of State. 


Pbinns on DSKJLVW7X2PROD with BILLS
93 

•S 2792 RS

1 (d) REPORT.—Not later than March 1, 2022, the 

2 Under Secretary shall submit to the congressional defense 

3 committees a report detailing the costs and benefits of po4 tential modifications to the existing unmanned aerial sys5 tems categorization analyzed pursuant to subsection (a), 

6 and a notional schedule for implementation modifications 

7 the Under Secretary would recommend based on the find8 ings of the Under Secretary with respect to such analysis. 

9 SEC. 243. DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN 

10 AND WORKING GROUP. 

11 (a) PLAN REQUIRED.—Not later than one year after 

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

13 Defense shall, acting through the working group estab14 lished under subsection (c)(1), develop a plan for the cre15 ation of a modern digital development infrastructure that 

16 supports state of the art tools and modern processes to 

17 enable development, testing, fielding, and continuous up18 date of artificial intelligence-powered applications at speed 

19 and scale from headquarters to the tactical edge. 

20 (b) CONTENTS OF PLAN.—At a minimum, the plan 

21 required by subsection (a) shall include the following: 

22 (1) An open architecture, an evolving reference 

23 design, and guidance for necessary technical invest24 ments in the digital development infrastructure de25 scribed in subsection (a) that address issues, includVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
94 

•S 2792 RS

1 ing issues relating to common interfaces, authentica2 tion, applications, platforms, software, hardware, 

3 and data infrastructure. 

4 (2) A governance structure, together with asso5 ciated policies and guidance, to drive the implemen6 tation of the reference design required by paragraph 

7 (1) throughout the Department on a federated basis. 

8 (3) Identification and minimum viable 

9 instantiations of prototypical development and plat10 form environments with the digital development in11 frastructure, including enterprise data sets assem12 bled under subsection (d). 

13 (c) WORKING GROUP.— 

14 (1) ESTABLISHMENT.—Not later than 60 days 

15 after the date of the enactment of this Act, the Sec16 retary shall establish a working group on digital de17 velopment infrastructure implementation to accel18 erate efforts aligned with the plan required by sub19 section (a). 

20 (2) MEMBERSHIP.—The working group estab21 lished under paragraph (1) shall be composed of in22 dividuals selected by the Secretary to represent each 

23 of the following: 

24 (A) The Office of Chief Data Officer 

25 (CDO). 


Pbinns on DSKJLVW7X2PROD with BILLS
95 

•S 2792 RS

1 (B) The Component Offices of Chief Infor2 mation Officer and Chief Digital Officer. 

3 (C) The Joint Artificial Intelligence Center 

4 (JAIC). 

5 (D) The Office of the Under Secretary of 

6 Defense for Research & Engineering (OUSD 

7 (R&E)). 

8 (E) The Office of the Under Secretary of 

9 Defense for Acquisition & Sustainment (OUSD 

10 (A&S)). 

11 (F) The Office of the Under Secretary of 

12 Defense for Intelligence & Security (OUSD 

13 (I&S)). 

14 (G) Service Acquisition Executives. 

15 (H) The Office of the Director of Oper16 ational Test and Evaluation (DOT&E). 

17 (I) The office of the Director of the De18 fense Advanced Research Projects Agency 

19 (DARPA). 

20 (J) Digital development infrastructure pro21 grams, including the appropriate activities of 

22 the military services and defense agencies. 

23 (K) Such other officials of the Department 

24 of Defense as the Chief Information Officer of 


Pbinns on DSKJLVW7X2PROD with BILLS
96 

•S 2792 RS

1 the Department of Defense determines appro2 priate. 

3 (3) CHAIRPERSON.—The chairperson of the 

4 working group established under paragraph (1) shall 

5 be the Chief Information Officer of the Department, 

6 or such other official as the Secretary of Defense 

7 considers appropriate. 

8 (4) CONSULTATION.—The working group shall 

9 consult with such experts outside of the Department 

10 as the working group considers necessary. 

11 (5) RESPONSIBILITIES.—The working group es12 tablished under paragraph (1) shall be develop the 

13 plan required by subsection (a). 

14 (d) STRATEGIC DATA NODE.— 

15 (1) IN GENERAL.—In addition to other duties 

16 pursuant to his or her role in the working group out17 lined in paragraph (c), the Secretary of Defense 

18 shall assemble enterprise data sets in the following 

19 areas: 

20 (A) Human resources. 

21 (B) Budget and finance. 

22 (C) Acquisition. 

23 (D) Logistics. 

24 (E) Real estate. 

25 (F) Health care. 


Pbinns on DSKJLVW7X2PROD with BILLS
97 

•S 2792 RS

1 (G) Such other areas as the Secretary con2 siders appropriate. 

3 (2) REQUIREMENT.—The Secretary shall as4 semble the enterprise data sets required by para5 graph (1) as a linked, cloud-based data repository 

6 adherent to data service interfaces defined in the 

7 open architecture required under subsection (b)(1). 

8 (3) SUPPORT.—In carrying out this subsection, 

9 the Secretary shall support the use of artificial intel10 ligence-enabled applications for social science anal11 ysis, business analytics, and senior leader decision 

12 support. 

13 (e) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Secretary shall submit 

15 to the congressional defense committees a report on— 

16 (1) the status of the plan required by sub17 section (a); and 

18 (2) the progress in carrying out subsection (d). 

19 (f) DEFINITIONS.—In this section: 

20 (1) The term ‘‘digital development infrastruc21 ture’’ means a federated, enterprise technology in22 frastructure that enables the following: 

23 (A) Access to commercial cloud tech24 nologies and services for scalable computing. 


Pbinns on DSKJLVW7X2PROD with BILLS
98 

•S 2792 RS

1 (B) Sharing of data, software, and capa2 bilities through well-documented and hardened 

3 application programming interfaces with proper 

4 access controls. 

5 (C) Giving all Department of Defense de6 velopers, scientists, and other appropriate per7 sonnel access and resources they need to drive 

8 new digital capabilities. 

9 (2) The term ‘‘digital development infrastruc10 ture programs’’ means the collection of managed 

11 services for platforms, cloud infrastructure, and soft12 ware development that have developed across the 

13 Department. 

14 SEC. 244. OPTIONALLY MANNED FIGHTING VEHICLE RE15 QUIREMENTS ANALYSIS. 

16 (a) REPORT REQUIRED.— 

17 (1) IN GENERAL.—The Secretary of the Army 

18 shall submit to the congressional defense committees 

19 a report of analysis supporting the determination of 

20 requirements or characteristics for the Optionally 

21 Manned Fighting Vehicle (OMFV) refined through 

22 the concept designs and detailed designs phases of 

23 the acquisition strategy. 

24 (2) ELEMENTS REQUIRED.—The report re25 quired by paragraph (1) shall include the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
99 

•S 2792 RS

1 (A) A detailed description of the Optionally 

2 Manned Fighting Vehicle requirements or char3 acteristics to be utilized for the physical proto4 typing phase of the program. 

5 (B) A description of the analysis conducted 

6 to finalize the requirements or characteristics to 

7 be utilized for physical prototyping of the Op8 tionally Manned Fighting Vehicle. 

9 (C) A description of Optionally Manned 

10 Fighting Vehicle-equipped organizational de11 signs analyzed through the concept design or 

12 detailed design phases. 

13 (D) A detailed description of the analysis 

14 conducted, trade-offs considered, and conclu15 sions drawn with respect to the organizational 

16 design, survivability, mobility, payload, and 

17 combat effectiveness in execution of the critical 

18 operational tasks required of fighting-vehicle19 equipped infantry within an armor brigade com20 bat teams. 

21 (E) A comparison of the combat effective22 ness and survivability of Optionally Manned 

23 Fighting Vehicle-equipped and Bradley Fight24 ing Vehicle-equipped formations. 


Pbinns on DSKJLVW7X2PROD with BILLS
100 

•S 2792 RS

1 (b) BRIEFING REQUIRED.—The Secretary of the 

2 Army shall provide a briefing to the congressional defense 

3 committees on the elements of the report required under 

4 subsection (a) 30 days prior to its submission to the con5 gressional defense committees. 

6 (c) LIMITATION.—The Secretary of the Army shall 

7 not enter into contract for the development of physical 

8 prototypes of the Optionally Manned Fighting Vehicle or 

9 otherwise named next-generation infantry fighting vehicle 

10 until 30 days after the Secretary submits to the congres11 sional defense committees the report required under sub12 section (a). 

13 SEC. 245. MAKING PERMANENT REQUIREMENT FOR AN14 NUAL REPORT BY DIRECTOR OF OPER15 ATIONAL TEST AND EVALUATION. 

16 Section 139(h)(2) of title 10, United States Code, is 

17 amended by striking ‘‘, through January 31, 2026’’. 

18 TITLE III—OPERATION AND 

19 MAINTENANCE 

20 Subtitle A—Authorization of 

21 Appropriations 

22 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2022 for the use of the Armed Forces and other 

25 activities and agencies of the Department of Defense for 


Pbinns on DSKJLVW7X2PROD with BILLS
101 

•S 2792 RS

1 expenses, not otherwise provided for, for operation and 

2 maintenance, as specified in the funding table in section 

3 4301. 

4 Subtitle B—Energy and 

5 Environment 

6 SEC. 311. EXPANSION OF PURPOSES OF SENTINEL LAND7 SCAPES PARTNERSHIP PROGRAM TO IN8 CLUDE RESILIENCE. 

9 (a) IN GENERAL.—Section 317 of the National De10 fense Authorization Act for Fiscal Year 2018 (Public Law 

11 115–91; 10 U.S.C. 2684a note) is amended— 

12 (1) in subsection (a), in the first sentence, by 

13 inserting ‘‘and restore’’ after ‘‘to preserve’’; 

14 (2) in subsection (c)— 

15 (A) by striking ‘‘The Secretaries’’ and in16 serting the following: 

17 ‘‘(1) IN GENERAL.—The Secretaries’’; 

18 (B) in paragraph (1), as designated by 

19 subparagraph (A)— 

20 (i) by inserting ‘‘resilience,’’ after 

21 ‘‘benefit of conservation,’’; and 

22 (ii) by inserting ‘‘, resilience,’’ after 

23 ‘‘land management’’; and 

24 (C) by adding at the end the following new 

25 paragraph: 


Pbinns on DSKJLVW7X2PROD with BILLS
102 

•S 2792 RS

1 ‘‘(2) INCLUSION OF INFORMATION IN RE2 PORT.—The Secretary of Defense shall include infor3 mation concerning the activities undertaken pursu4 ant to the Sentinel Landscapes Partnership in the 

5 annual report to Congress submitted under section 

6 2684a(g) of title 10, United States Code.’’; 

7 (3) in subsection (d), in the second sentence, by 

8 inserting ‘‘by an eligible landowner or agricultural 

9 producer’’ after ‘‘Participation’’; 

10 (4) by redesignating subsection (e) as sub11 section (f); 

12 (5) by inserting after subsection (d) the fol13 lowing new subsection (e): 

14 ‘‘(e) PARTICIPATION BY OTHER AGENCIES.—Other 

15 Federal agencies with programs addressing conservation 

16 or resilience may, and are encouraged to— 

17 ‘‘(1) participate in the activities of the Sentinel 

18 Landscape Partnership; and 

19 ‘‘(2) become full partners in the Sentinel Land20 scape Partnership.’’; and 

21 (6) in subsection (f), as redesignated by para22 graph (4), by adding at the end the following new 

23 paragraph: 

24 ‘‘(4) RESILIENCE.—The term ‘resilience’ means 

25 the capability to avoid, prepare for, minimize the efVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
103 

•S 2792 RS

1 fect of, adapt to, and recover from extreme weather 

2 events, flooding, wildfire, or other anticipated or un3 anticipated changes in environmental conditions.’’. 

4 (b) CONSERVATION AND CULTURAL ACTIVITIES.— 

5 Section 2694 of title 10, United States Code, is amend6 ed— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A), by inserting 

10 ‘‘or involves a sentinel landscape’’ before 

11 the semicolon; and 

12 (ii) in subparagraph (B), by inserting 

13 ‘‘or that would contribute to maintaining 

14 or improving military installation resil15 ience’’ before the semicolon; and 

16 (B) in paragraph (2)— 

17 (i) in subparagraph (A), by inserting 

18 ‘‘or nature-based climate resilience plans’’ 

19 before the semicolon; and 

20 (ii) in subparagraph (F)— 

21 (I) in clause (i)— 

22 (aa) by striking ‘‘single eco23 system that encompasses’’ and 

24 inserting ‘‘single ecosystem— 

25 ‘‘(I) that encompasses’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
104 

•S 2792 RS

1 (bb) by redesignating clause 

2 (ii) as subclause (II) and moving 

3 such subclause, as so redesig4 nated, two ems to the right; and 

5 (cc) in subclause (II), as re6 designated by item (bb), by strik7 ing the period at the end and in8 serting ‘‘; or’’; and 

9 (II) by adding at the end the fol10 lowing new clause (ii): 

11 ‘‘(ii) for one or more ecosystems within a 

12 sentinel landscape.’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(e) SENTINEL LANDSCAPE DEFINED.—In this sec16 tion, the term ‘sentinel landscape’ has the meaning given 

17 that term in section 317(e) of the National Defense Au18 thorization Act for Fiscal Year 2018 (Public Law 115– 

19 91; 10 U.S.C. 2684a note).’’. 

20 SEC. 312. MAINTENANCE OF CURRENT ANALYTICAL TOOLS 

21 IN EVALUATING ENERGY RESILIENCE MEAS22 URES. 

23 (a) IN GENERAL.—Section 2911 of title 10, United 

24 States Code, is amended by adding at the end the fol25 lowing new subsection: 


Pbinns on DSKJLVW7X2PROD with BILLS
105 

•S 2792 RS

1 ‘‘(i) ASSESSMENT OF LIFE-CYCLE COSTS AND PER2 FORMANCE OF POTENTIAL ENERGY RESILIENCE

3 PROJECTS.—(1) Subject to the availability of appropria4 tions, the Secretary of Defense shall develop and institute 

5 a process to ensure that the Department of Defense, when 

6 evaluating energy resilience measures, uses analytical tools 

7 that are accurate and effective in projecting the costs and 

8 performance of such measures. 

9 ‘‘(2) Analytical tools used under paragraph (1) shall 

10 be— 

11 ‘‘(A) designed to— 

12 ‘‘(i) provide an accurate projection of the 

13 costs and performance of the energy resilience 

14 measure being analyzed; 

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

16 and 

17 ‘‘(iii) produce resulting data that is under18 standable and usable by the typical source se19 lection official; 

20 ‘‘(B) consistent with standards and analytical 

21 tools commonly applied by the Department of En22 ergy and by commercial industry; 

23 ‘‘(C) adaptable to accommodate a rapidly 

24 changing technological environment; 


Pbinns on DSKJLVW7X2PROD with BILLS
106 

•S 2792 RS

1 ‘‘(D) peer reviewed for quality and precision 

2 and measured against the highest level of develop3 ment for such tools; and 

4 ‘‘(E) periodically reviewed and updated, but not 

5 less frequently than once every three years.’’. 

6 (b) REPORTING REQUIREMENT.—If amounts are ap7 propriated to carry out the requirements under subsection 

8 (i) of section 2911 of title 10, United States Code, as 

9 added by subsection (a), not later than September 30, 

10 2022, the Secretary of Defense shall submit to the Com11 mittees on Armed Services of the Senate and the House 

12 of Representatives a report on the execution by the Sec13 retary of such requirements. 

14 SEC. 313. MILITARY AVIATION AND INSTALLATION ASSUR15 ANCE CLEARINGHOUSE MATTERS. 

16 (a) STRATEGY TO TEST AND INTEGRATE WIND TUR17 BINE INTERFERENCE MITIGATION STRATEGIES.—The 

18 Secretary of Defense and the Secretary of the Air Force, 

19 in coordination with the Commander of United States 

20 Northern Command and the Commander of North Amer21 ican Aerospace Defense Command, shall develop a strat22 egy to test and integrate wind turbine interference mitiga23 tion technologies into radars and the air surveillance com24 mand and control architecture of the Department of De25 fense. 


Pbinns on DSKJLVW7X2PROD with BILLS
107 

•S 2792 RS

1 (b) MODIFICATION OF CLEARINGHOUSE REQUIRE2 MENTS.—Section 183a(c) of title 10, United States Code, 

3 is amended— 

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

5 following new subparagraph: 

6 ‘‘(C) A notice of presumed risk issued under subpara7 graph (A) is a preliminary assessment only and does not 

8 represent a formal objection pursuant to subsection (e). 

9 Discussions of possible mitigation actions under such sub10 paragraph could favorably resolve any concerns identified 

11 in the notice of presumed risk.’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(8) If, in reviewing an application for an energy 

15 project pursuant to paragraph (1), the Clearinghouse 

16 finds no obstruction, interference, or adverse impact under 

17 section 44718(b)(1) of title 49, the Clearinghouse shall 

18 communicate to the Secretary of Transportation in writ19 ing, not later than five business days after making such 

20 finding, the following: ‘No Part 77 concerns, national se21 curity review ongoing.’.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
108 

•S 2792 RS

1 SEC. 314. EXEMPTION FROM PROHIBITION ON USE OF 

2 OPEN-AIR BURN PITS IN CONTINGENCY OP3 ERATIONS OUTSIDE THE UNITED STATES. 

4 Section 317(a) of the National Defense Authorization 

5 Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 

6 2701 note) is amended by adding at the end the following 

7 new paragraph: 

8 ‘‘(3) EXEMPTION.— 

9 ‘‘(A) IN GENERAL.—The Secretary of De10 fense may exempt a location from the prohibi11 tion under paragraph (1) if the Secretary deter12 mines it is in the paramount interest of the 

13 United States to do so. 

14 ‘‘(B) NONDELEGATION.—The Secretary 

15 may not delegate the authority under subpara16 graph (A).’’. 

17 SEC. 315. DEMONSTRATION PROGRAM ON DOMESTIC PRO18 DUCTION OF RARE EARTH ELEMENTS FROM 

19 COAL BYPRODUCTS. 

20 (a) DEMONSTRATION PROGRAM REQUIRED.—Not 

21 later than 120 days after the date of the enactment of 

22 this Act, the Secretary of Defense shall commence car23 rying out a demonstration program on recovering rare 

24 earth elements and critical minerals from acid mine drain25 age and other coal byproducts. 


Pbinns on DSKJLVW7X2PROD with BILLS
109 

•S 2792 RS

1 (b) PARTNERSHIP.—The Secretary shall carry out 

2 the demonstration program required by subsection (b) by 

3 entering into a partnership with one or more institutions 

4 of higher education that can demonstrate techniques for 

5 recovering rare earth elements and critical minerals from 

6 acid mine drainage and other coal byproducts, as the Sec7 retary considers applicable. 

8 (c) ELEMENTS.—The demonstration program re9 quired by subsection (a) shall address the following: 

10 (1) The efficacy of separating rare earth ele11 ments and critical minerals from acid mine drainage. 

12 (2) The feasibility of bringing this technology to 

13 commercialized scale. 

14 (3) Domestic locations that are appropriate for 

15 the deployment of this technology. 

16 (4) The ability of this technology to meet the 

17 requirements of the defense industrial base to sup18 plement the rare earth element and critical mineral 

19 needs of the Department of Defense. 

20 (d) DURATION.—The demonstration program estab21 lished under subsection (a) shall be carried out during the 

22 one-year period beginning on the date of the commence23 ment of the demonstration program. 


Pbinns on DSKJLVW7X2PROD with BILLS
110 

•S 2792 RS

1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out the demonstra3 tion program required by subsection (a) $3,000,000. 

4 (f) BRIEFING.—Not later than 120 days after the 

5 completion of the demonstration program required by sub6 section (a), the Secretary and the program manager of 

7 the institute of higher education with whom the Secretary 

8 partners under subsection (b) shall brief the Committee 

9 on Armed Services of the Senate and the Committee on 

10 Armed Services of the House of Representatives on the 

11 elements of the demonstration program set forth under 

12 subsection (c). 

13 SEC. 316. AUTHORITY TO TRANSFER AMOUNTS DERIVED 

14 FROM ENERGY COST SAVINGS. 

15 Section 2912 of title 10, United States Code, is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(e) TRANSFER OF AMOUNTS.—(1) The Secretary of 

19 Defense may transfer amounts described in subsection (a) 

20 that remain available for obligation to other funding ac21 counts of the Department of Defense if the purpose for 

22 which such amounts will be used is a purpose specified 

23 in subsection (b) or (c). 


Pbinns on DSKJLVW7X2PROD with BILLS
111 

•S 2792 RS

1 ‘‘(2) Amounts transferred to a funding account of the 

2 Department under paragraph (1) shall be available for ob3 ligation for the same period as amounts in that account.’’. 

4 SEC. 317. SENSE OF SENATE ON ENERGY INDEPENDENCE 

5 AND DIVERSIFICATION. 

6 It is the sense of the Senate that the United States 

7 should— 

8 (1) remain energy independent to enhance na9 tional security; and 

10 (2) adopt an all-of-the-above energy strategy to 

11 diversify and mitigate the risk of becoming energy 

12 and materially dependent on vulnerable sources of 

13 energy and energy technology that may constrain 

14 the operations of the Armed Forces of the United 

15 States. 

16 Subtitle C—National Security 

17 Climate Resilience 

18 SEC. 331. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘National Security 

20 Climate Resilience Act’’. 

21 SEC. 332. DEFINITIONS. 

22 In this subtitle: 

23 (1) CLIMATE RESILIENCE.— The term ‘‘climate 

24 resilience’’ has the meaning given the term ‘‘energy 


Pbinns on DSKJLVW7X2PROD with BILLS
112 

•S 2792 RS

1 and climate resiliency’’ in section 2864(f)(3) of title 

2 10, United States Code. 

3 (2) CLIMATE SECURITY.—The term ‘‘climate 

4 security’’ means the effects of extreme weather on 

5 the following: 

6 (A) The national security of the United 

7 States, including national security infrastruc8 ture. 

9 (B) Subnational, national, and regional po10 litical stability. 

11 (C) The security of allies and partners of 

12 the United States. 

13 (D) Ongoing or potential political violence, 

14 including unrest, rioting, guerrilla warfare, in15 surgency, terrorism, rebellion, revolution, civil 

16 war, and interstate war. 

17 (3) EXTREME WEATHER.—The term ‘‘extreme 

18 weather’’ means recurrent flooding, drought, 

19 desertification, wildfires, thawing permafrost, or any 

20 other weather-related events that present a recurring 

21 annual threat to facilities and other infrastructure of 

22 the Department of Defense or are likely to recur 

23 over a period of five to eight years. 


Pbinns on DSKJLVW7X2PROD with BILLS
113 

•S 2792 RS

1 SEC. 333. CLIMATE RESILIENCE IN PLANNING, ENGAGE2 MENT STRATEGIES, INFRASTRUCTURE, AND 

3 FORCE DEVELOPMENT OF DEPARTMENT OF 

4 DEFENSE. 

5 (a) CLIMATE CHALLENGES AND CLIMATE RESIL6 IENCE IN KEY PROCESSES OF DEPARTMENT OF DE7 FENSE.—The Secretary of Defense shall direct that the 

8 acquisition, budget planning and execution, infrastructure 

9 planning and sustainment, force development, engagement 

10 strategy development, security assistance, and other core 

11 processes of the Department of Defense fully consider and 

12 make needed adjustments to account for current and 

13 emerging climate and environmental challenges and to en14 sure the climate resilience of assets and capabilities of the 

15 Department. 

16 (b) CLIMATE RESILIENCE MISSION IMPACT ASSESS17 MENT.— 

18 (1) IN GENERAL.—The Secretary shall conduct 

19 a mission impact assessment on climate resilience 

20 for the Department in order to identify and assess 

21 the full spectrum of climate risks that currently or 

22 could impact the mission of the Department and the 

23 degree to which the Department is resilient to such 

24 risks. 

25 (2) ELEMENTS.—The assessment conducted 

26 under paragraph (1) shall include the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
114 

•S 2792 RS

1 (A) An assessment of the impact of the 

2 latest climate science scenarios, as indicated in 

3 the National Climate Assessment, on readiness, 

4 training, testing, and operations for near-term 

5 operations and long-term, worst-case scenario 

6 climate projections for the Department. 

7 (B) A comprehensive review, conducted 

8 pursuant to section 153 of title 10, United 

9 States Code, by the Chairman of the Joint 

10 Chiefs of Staff (in coordination with the Secre11 taries of the military departments and the 

12 heads of the Defense Agencies), to determine— 

13 (i) security risks posed by extreme 

14 weather to operational and theater security 

15 plans and engagement with allies and part16 ners of the United States; and 

17 (ii) the extent to which the program 

18 recommendations and budget proposals of 

19 the military departments and other compo20 nents of the Department for each fiscal 

21 year fully account for the impacts of ex22 treme weather and climate resilience re23 quirements. 

24 (C) An assessment of the direct impacts of 

25 extreme weather on the deployment and operVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
115 

•S 2792 RS

1 ations of the Armed Forces, and the manner in 

2 which extreme weather will impact the require3 ments of the commanders of the combatant 

4 commands in their areas of responsibility, in5 cluding— 

6 (i) assessment of the evolving posture 

7 of peer competitors and impacts to deploy8 ment and operations of peer competitors 

9 due to extreme weather; 

10 (ii) assessment of the impacts of ex11 panding requirements for humanitarian as12 sistance and disaster response due to ex13 treme weather; 

14 (iii) assessment of the impacts on the 

15 political, military, and social stability of 

16 countries and regions of national security 

17 concern that lack suitable infrastructure 

18 and resources or, due to geographic loca19 tion, may not successfully adapt to extreme 

20 weather and may suffer disproportionately 

21 compared to other countries and regions of 

22 national security concern; 

23 (iv) assessment of risks to home sta24 tion strategic and operational support area 

25 readiness, including the strategic highway 


Pbinns on DSKJLVW7X2PROD with BILLS
116 

•S 2792 RS

1 network, the strategic rail network, and 

2 strategic air and sea ports; 

3 (v) identification of the current cli4 mate resilience status, plans, goals, and 

5 objectives of military installations and 

6 State-owned National Guard installations 

7 in light of current and projected 

8 vulnerabilities of such installations to the 

9 impacts of extreme weather; and 

10 (vi) development of measures to im11 prove the preparedness and resilience of 

12 military installations and State-owned Na13 tional Guard installations to extreme 

14 weather, while simultaneously developing 

15 standards for data collection to assist deci16 sion-making processes for research, devel17 opment, and acquisition priorities for in18 stallation and infrastructure resilience to 

19 extreme weather. 

20 (D) A long-term strategic plan, including 

21 war games and exercises, centered on climate22 driven crises, and a long-term assessment of cli23 mate security by the Office of Net Assessment 

24 of the Department. 


Pbinns on DSKJLVW7X2PROD with BILLS
117 

•S 2792 RS

1 (E) A review outlining near-term and long2 term needs for research, development, and de3 ployment for equipment and other measures re4 quired to assure the resilience of the assets and 

5 capabilities of the Department and each compo6 nent thereof, and of key elements of the defense 

7 industrial base and supporting transportation 

8 networks, to the impacts of extreme weather. 

9 (c) REPORTS.— 

10 (1) IN GENERAL.—Not later than one year 

11 after the date of the enactment of this Act, and 

12 every five years thereafter, the Chairman of the 

13 Joint Chiefs of Staff shall submit to the Committees 

14 on Armed Services of the Senate and the House of 

15 Representatives a report on the broader strategic 

16 and operational impacts of extreme weather on the 

17 Department, measures to address such impacts, and 

18 progress in implementing new technologies and plat19 forms, training and education methods, and data 

20 collection and dissemination for each military de21 partment to meet its mission requirements. 

22 (2) RESEARCH, DEVELOPMENT, AND DEPLOY23 MENT NEEDS.—Each report required by paragraph 

24 (1) shall identify research, development, and deployVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
118 

•S 2792 RS

1 ment needs for each combatant command and func2 tional command. 

3 SEC. 334. CLIMATE RESILIENCE INFRASTRUCTURE INITIA4 TIVE OF THE DEPARTMENT OF DEFENSE. 

5 (a) DESIGNATION.—The programs, practices, and ac6 tivities carried out pursuant to this section shall be known 

7 collectively as the ‘‘Climate Resilience Infrastructure Ini8 tiative of the Department of Defense’’. 

9 (b) CONFORMANCE OF FACILITIES AND INFRASTRUC10 TURE TO CLIMATE RESILIENCE REQUIREMENTS.— 

11 (1) IN GENERAL.—The Secretary of Defense, in 

12 coordination with the Secretaries of the military de13 partments, the Chief of the National Guard Bureau, 

14 the Director of the Defense Advanced Research 

15 Projects Agency, the directors of other Defense 

16 Agencies, and the head of the Strategic Environ17 mental Research and Development Program, shall 

18 ensure that all facilities and infrastructure of the 

19 Department of Defense meet applicable standards 

20 and requirements of the Unified Facilities Criteria 

21 of the Department on climate resilience. 

22 (2) STANDARDS AND REQUIREMENTS.—The 

23 Secretary shall provide for the ongoing review and 

24 update of the standards and requirements referred 

25 to in paragraph (1) to ensure that such standards 


Pbinns on DSKJLVW7X2PROD with BILLS
119 

•S 2792 RS

1 and requirements incorporate lessons learned on the 

2 potential impacts of extreme weather on the facilities 

3 and infrastructure of the Department. 

4 (c) BUILDING CODES AND STANDARDS.—In carrying 

5 out subsection (b), the Secretary shall ensure that the 

6 building codes and standards applicable to structures of 

7 the Department are updated on an ongoing basis to incor8 porate best practices on climate resilience in the specific 

9 regions in which the structures concerned are located, in10 cluding with respect to worst case scenarios in connection 

11 with the impacts of extreme weather. 

12 (d) HARDENING AND QUICK RECOVERY.—In car13 rying out subsection (b), the Secretary shall ensure that 

14 the Department develops requirements for backup utili15 ties, communications, and transportation to ensure that 

16 the critical infrastructure of Department facilities is hard17 ened, developed, and constructed for recovering quickly 

18 from natural disasters and the impacts of extreme weath19 er. 

20 (e) SUSTAINMENT AND MODERNIZATION.—In car21 rying out subsection (b) the Secretary shall develop 

22 sustainment and modernization requirements for facilities 

23 of the Department in connection with climate resilience. 

24 (f) COLLABORATION IN PLANNING WITH LOCAL

25 COMMUNITIES.—The Secretary shall develop, within existVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
120 

•S 2792 RS

1 ing frameworks for collaborative activities between mili2 tary installations and State and local communities, and 

3 in addition to the requirements of section 2864(c) of title 

4 10, United States Code, a framework that permits and 

5 directs installation commanders to engage with State, re6 gional, and local agencies, and with local communities, on 

7 planning for climate resilience in order to enhance efficient 

8 response to impacts of extreme weather and to secure col9 laborative investment in infrastructure that is resilient to 

10 the current and projected impacts of extreme weather. 

11 (g) TESTING AND TRAINING RANGE LANDS.— 

12 (1) PRACTICES FOR SUSTAINMENT OF

13 LANDS.—The Secretary shall develop and implement 

14 practices to sustain the lands of the military testing 

15 and training ranges of the Department, and the 

16 lands of testing and training ranges on State-owned 

17 National Guard installations, through the adaptation 

18 and resilience of such lands to the current and pro19 jected impacts of extreme weather to ensure the on20 going availability of such lands to military personnel, 

21 weapon systems, and equipment for testing and 

22 training purposes. 

23 (2) TRAINING AND EDUCATION ON

24 SUSTAINMENT OF LANDS.—The Secretary shall de25 velop a program of training and education for regVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
121 

•S 2792 RS

1 ular and reserve members of the Armed Forces (in2 cluding members of the National Guard) on the im3 portance of the sustainment of the lands of the mili4 tary testing and training ranges as described in 

5 paragraph (1). 

6 (3) INVESTMENT IN RESILIENCE OF LANDS.— 

7 The Secretary shall provide for appropriate invest8 ments in the lands of the military testing and train9 ing ranges in order to increase the resilience and ad10 aptation of such lands to the current and projected 

11 impacts of extreme weather for testing and training 

12 purposes in connection with current and projected 

13 testing and training requirements in the short-term 

14 and the long-term. 

15 (h) USE OF EMISSION-FREE TECHNOLOGIES.—The 

16 Secretary shall take appropriate actions to increase the 

17 use of emission-free and net-zero-emission energy tech18 nologies in the operations, programs, projects, and activi19 ties of the Department. 

20 SEC. 335. ASSESSMENT OF CLIMATE RISKS TO INFRA21 STRUCTURE OF DEPARTMENT OF DEFENSE. 

22 (a) IN GENERAL.—The Secretary of Defense shall di23 rect the Secretary of each military department— 

24 (1) to assess the vulnerability of installations 

25 and other facilities under the jurisdiction of such 


Pbinns on DSKJLVW7X2PROD with BILLS
122 

•S 2792 RS

1 Secretary, and of State-owned National Guard in2 stallations, to the current and projected impacts of 

3 extreme weather, using vulnerability and risk assess4 ment tools chosen or developed pursuant to section 

5 326 of the National Defense Authorization Act for 

6 Fiscal Year 2020 (Public Law 116–92; 133 Stat. 

7 1310); 

8 (2) to assess the infrastructure required for 

9 successful operation of such installations and facili10 ties in response to any such vulnerabilities, and to 

11 assure military installation resilience of such instal12 lations and facilities; and 

13 (3) to develop installation-specific plans pursu14 ant to section 2864(c) of title 10, United States 

15 Code, and similar plans for State-owned National 

16 Guard installations, to address such vulnerabilities. 

17 (b) RANKING OF FACILITIES.—In carrying out sub18 section (a), the Secretary of each military department 

19 shall rank the needs of the military installations and other 

20 facilities under the jurisdiction of such Secretary, and of 

21 State-owned National Guard installations, based on level 

22 of risks posed by the current and projected impacts of ex23 treme weather, the likelihood of such risks, and the impor24 tance of such installations and facilities in maintaining 

25 overall readiness and operational capability. 


Pbinns on DSKJLVW7X2PROD with BILLS
123 

•S 2792 RS

1 (c) MILITARY INSTALLATION RESILIENCE DE2 FINED.—In this section, the term ‘‘military installation re3 silience’’ has the meaning given that term in section 

4 101(e)(8) of title 10, United States Code. 

5 Subtitle D—Treatment of 

6 Perfluoroalkyl Substances and 

7 Polyfluoroalkyl Substances 

8 SEC. 351. TREATMENT BY DEPARTMENT OF DEFENSE OF 

9 PERFLUOROALKYL SUBSTANCES AND 

10 POLYFLUOROALKYL SUBSTANCES. 

11 (a) IN GENERAL.—Chapter 160 of title 10, United 

12 States Code, is amended— 

13 (1) by inserting before section 2700 the fol14 lowing: 

15 ‘‘Subchapter I—Environmental Restoration’’; 

16 (2) in section 2700, in the matter preceding 

17 paragraph (1), by striking ‘‘this chapter’’ and insert18 ing ‘‘this subchapter’’; 

19 (3) in section 2701(c)(1), in the matter pre20 ceding subparagraph (A), by striking ‘‘this chapter’’ 

21 and inserting ‘‘this subchapter’’; 

22 (4) in section 2703— 

23 (A) in subsection (c)(1), by striking ‘‘this 

24 chapter’’ and inserting ‘‘this subchapter’’; and 


Pbinns on DSKJLVW7X2PROD with BILLS
124 

•S 2792 RS

1 (B) in subsection (d), by striking ‘‘this 

2 chapter’’ and inserting ‘‘this subchapter’’; 

3 (5) in section 2707— 

4 (A) in subsection (a), by striking ‘‘this 

5 chapter’’ and inserting ‘‘this subchapter’’; and 

6 (B) in subsection (e), by striking ‘‘this 

7 chapter’’ and inserting ‘‘this subchapter’’; and 

8 (6) by adding at the end the following new sub9 chapter: 

10 ‘‘Subchapter II—Treatment of Perfluoroalkyl 

11 Substances and Polyfluoroalkyl Substances 

12 ‘‘§ 2713. Definitions 

13 ‘‘In this subchapter: 

14 ‘‘(1) The term ‘military installation’ has the 

15 meaning given such term in section 2801(c)(4) of 

16 this title. 

17 ‘‘(2) The term ‘perfluoroalkyl substance’ means 

18 a man-made chemical of which all of the carbon 

19 atoms are fully fluorinated carbon atoms. 

20 ‘‘(3) The term ‘polyfluoroalkyl substance’ 

21 means a man-made chemical containing a mix of 

22 fully fluorinated carbon atoms, partially fluorinated 

23 carbon atoms, and nonfluorinated carbon atoms. 


Pbinns on DSKJLVW7X2PROD with BILLS
125 

•S 2792 RS

1 ‘‘§ 2714. Perfluoroalkyl substances and 

2 polyfluoroalkyl substances task force 

3 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

4 establish a task force to address the effects of the release 

5 of perfluoroalkyl substances and polyfluoroalkyl sub6 stances from activities of the Department of Defense (in 

7 this section referred to as the ‘PFAS Task Force’). 

8 ‘‘(b) MEMBERSHIP.—The members of the PFAS 

9 Task Force are the following: 

10 ‘‘(1) The Assistant Secretary of Defense for 

11 Energy, Installations, and Environment. 

12 ‘‘(2) The Assistant Secretary of the Army for 

13 Installations, Energy, and Environment. 

14 ‘‘(3) The Assistant Secretary of the Navy for 

15 Energy, Installations, and Environment. 

16 ‘‘(4) The Assistant Secretary of the Air Force 

17 for Installations, Environment, and Energy. 

18 ‘‘(5) The Assistant Secretary of Defense for 

19 Health Affairs. 

20 ‘‘(c) CHAIRMAN.—The Assistant Secretary of De21 fense for Energy, Installations, and Environment shall be 

22 the chairman of the PFAS Task Force. 

23 ‘‘(d) SUPPORT.—The Under Secretary of Defense for 

24 Personnel and Readiness and such other individuals as the 

25 Secretary of Defense considers appropriate shall support 

26 the activities of the PFAS Task Force. 


Pbinns on DSKJLVW7X2PROD with BILLS
126 

•S 2792 RS

1 ‘‘(e) DUTIES.—The duties of the PFAS Task Force 

2 are the following: 

3 ‘‘(1) Monitor the health aspects of exposure to 

4 perfluoroalkyl substances and polyfluoroalkyl sub5 stances, as found by the Secretary of Health and 

6 Human Services. 

7 ‘‘(2) Finding and funding the procurement of 

8 an effective substitute firefighting foam without 

9 perfluoroalkyl substances or polyfluoroalkyl sub10 stances. 

11 ‘‘(3) Coordination within the Department of 

12 Defense with respect to mitigating the effects of the 

13 release of perfluoroalkyl substances and 

14 polyfluoroalkyl substances. 

15 ‘‘(4) Assessment of the perceptions by Congress 

16 and the public of the efforts of the Department of 

17 Defense with respect to mitigating the effects of the 

18 release of perfluoroalkyl substances and 

19 polyfluoroalkyl substances from activities of the De20 partment. 

21 ‘‘(f) REPORT.—Not later than 90 days after the date 

22 of the enactment of the National Defense Authorization 

23 Act for Fiscal Year 2022, and quarterly thereafter, the 

24 Chairman of the PFAS Task Force shall submit to Con25 gress a report on the activities of the task force. 


Pbinns on DSKJLVW7X2PROD with BILLS
127 

•S 2792 RS

1 ‘‘§ 2715. Testing for perfluoroalkyl substances and 

2 polyfluoroalkyl substances at military in3 stallations and facilities of the National 

4 Guard 

5 ‘‘(a) IN GENERAL.—Not later than two years after 

6 the date of the enactment of the National Defense Author7 ization Act for Fiscal Year 2022, the Secretary of Defense 

8 shall complete preliminary assessment and site inspection 

9 testing for perfluoroalkyl substances and polyfluoroalkyl 

10 substances at all military installations and facilities of the 

11 National Guard located in the United States that are iden12 tified as of March 31, 2021, as having a release of 

13 perfluoroalkyl substances or polyfluoroalkyl substances. 

14 ‘‘(b) DETERMINATION OF CONTAMINATION.—Testing 

15 conducted under subsection (a) at a military installation 

16 or facility of the National Guard shall determine— 

17 ‘‘(1) whether the installation or facility has con18 tamination from a perfluoroalkyl substance or 

19 polyfluoroalkyl substance; and 

20 ‘‘(2) whether activities in connection with such 

21 installation or facility have caused contamination 

22 from a perfluoroalkyl substance or polyfluoroalkyl 

23 substance outside of such installation or facility. 

24 ‘‘(c) ADDITIONAL RESPONSE ACTIONS.—Testing 

25 conducted under subsection (a) shall provide at least a 

26 preliminary basis for determining whether additional enviVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
128 

•S 2792 RS

1 ronmental response actions are necessary to address con2 tamination from a perfluoroalkyl substance or 

3 polyfluoroalkyl substance. 

4 ‘‘(d) TYPE OF TESTING.—When testing for 

5 perfluoroalkyl substances or polyfluoroalkyl substances 

6 under subsection (a) or any other provision of law, the 

7 Secretary shall use a method to measure for all 

8 perfluoroalkyl substances or polyfluoroalkyl substances in 

9 drinking water that has been validated by the Adminis10 trator of the Environmental Protection Agency. 

11 ‘‘(e) REPORT.—(1) For each of fiscal years 2022 

12 through 2024, the Secretary shall submit to Congress a 

13 report on the status of the testing conducted under sub14 section (a) during such year. 

15 ‘‘(2) Each report submitted under paragraph (1) 

16 shall identify, with respect to testing conducted under sub17 section (a)— 

18 ‘‘(A) each installation or facility where testing 

19 has been completed; 

20 ‘‘(B) each installation or facility where testing 

21 has not yet been completed; 

22 ‘‘(C) the projected completion date for testing 

23 at installations or facilities where testing has not yet 

24 been completed; 


Pbinns on DSKJLVW7X2PROD with BILLS
129 

•S 2792 RS

1 ‘‘(D) the results of testing at installations or fa2 cilities where testing has been completed; and 

3 ‘‘(E) the actions planned, and the projected 

4 timelines for such actions, for each installation or fa5 cility to address contamination by a perfluoroalkyl 

6 substance or polyfluoroalkyl substance. 

7 ‘‘(3) Each report submitted under paragraph (1) 

8 shall be provided to Congress not later than January 1st 

9 of the fiscal year immediately following the fiscal year cov10 ered by the report. 

11 ‘‘(4) The Secretary may delegate the responsibility 

12 for preparing the reports required by paragraph (1) only 

13 to the Deputy Secretary of Defense.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 for chapter 160 of such title is amended— 

16 (1) by inserting after the item relating to chap17 ter 160 the following new item: 

‘‘SUBCHAPTER I—ENVIRONMENTAL RESTORATION’’; AND

18 (2) by adding at the end the following: 

‘‘SUBCHAPTER II—TREATMENT OF PERFLUOROALKYL SUBSTANCES AND

POLYFLUOROALKYL SUBSTANCES

‘‘Sec. 

‘‘2713. Definitions. 

‘‘2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force. 

‘‘2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at 

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


Pbinns on DSKJLVW7X2PROD with BILLS
130 

•S 2792 RS

1 SEC. 352. PUBLIC DISCLOSURE OF TESTING AND RESULTS 

2 OF DEPARTMENT OF DEFENSE TESTING FOR 

3 PERFLUOROALKYL OR POLYFLUOROALKYL 

4 SUBSTANCES AND ADDITIONAL REQUIRE5 MENTS FOR TESTING. 

6 (a) PUBLIC DISCLOSURE OF PFAS TESTING RE7 SULTS.—Not later than 10 days after receipt of validated 

8 testing results, the Secretary of Defense shall publicly dis9 close the validated results of any testing for perfluoroalkyl 

10 or polyfluoroalkyl substances (commonly referred to as 

11 ‘‘PFAS’’) conducted on or at areas surrounding military 

12 installations of the Department of Defense in the United 

13 States or facilities of the National Guard, as authorized 

14 under section 2707(e) of title 10, United States Code, in15 cluding— 

16 (1) the results of all such testing conducted by 

17 the Department; and 

18 (2) the results of all such testing conducted by 

19 a non-Department entity (including any Federal 

20 agency or any public or private entity) under con21 tract by or pursuant to an agreement with the De22 partment. 

23 (b) PUBLIC DISCLOSURE OF PLANNED PFAS TEST24 ING.—Not later than 60 days after the date of the enact25 ment of the Act, and every 90 days thereafter, the Sec26 retary of Defense shall disclose the expected timing and 


Pbinns on DSKJLVW7X2PROD with BILLS
131 

•S 2792 RS

1 general location of any planned testing for perfluoroalkyl 

2 or polyfluoroalkyl substances conducted on or at areas sur3 rounding military installations of the Department of De4 fense in the United States or facilities of the National 

5 Guard, as authorized under section 2707(e) of title 10, 

6 United States Code, including— 

7 (1) all such testing to be conducted by the De8 partment; and 

9 (2) all such testing to be conducted by a non10 Department entity (including any Federal agency 

11 and any public or private entity) under contract by 

12 or pursuant to an agreement with the Department. 

13 (c) NATURE OF DISCLOSURE.—The Secretary of De14 fense may satisfy the disclosure requirements under sub15 sections (a) and (b) by publishing the information, 

16 datasets, and results relating to the testing described in 

17 such subsections— 

18 (1) on the publicly available website established 

19 under section 331(b) of the National Defense Au20 thorization Act for Fiscal Year 2020 (Public Law 

21 116–92; 10 U.S.C. 2701 note); 

22 (2) on another publicly available website of the 

23 Department of Defense; or 

24 (3) in the Federal Register. 


Pbinns on DSKJLVW7X2PROD with BILLS
132 

•S 2792 RS

1 (d) REQUIREMENTS OF INFORMATION TO BE DIS2 CLOSED.—The information required to be disclosed by the 

3 Secretary of Defense under subsections (a) and (b) and 

4 published under subsection (c)— 

5 (1) shall constitute a record for the purposes of 

6 chapters 21, 29, 31, and 33 of title 44, United 

7 States Code; 

8 (2) shall include any underlying datasets or ad9 ditional information of interest to the public, as de10 termined by the Secretary; and 

11 (3) may exclude information as authorized by 

12 law. 

13 (e) LOCAL NOTIFICATION.—Prior to conducting any 

14 testing for perfluoroalkyl or polyfluoroalkyl substances, in15 cluding any testing not previously planned and reported, 

16 the Secretary of Defense shall provide notice to— 

17 (1) the managers of the public water system 

18 serving the areas located immediately adjacent to 

19 the military installation where such testing is to 

20 occur; 

21 (2) the municipal government serving the areas 

22 located immediately adjacent to the military installa23 tion where such testing is to occur; and 


Pbinns on DSKJLVW7X2PROD with BILLS
133 

•S 2792 RS

1 (3) all members of the Restoration Advisory 

2 Board for the military installation where such test3 ing is to occur, as applicable. 

4 (f) TYPE OF TESTING.—When testing for 

5 perfluoroalkyl or polyfluoroalkyl substances, the Secretary 

6 of Defense shall test for all perfluoroalkyl or 

7 polyfluoroalkyl substances included in that method of 

8 measuring the amount of such substances in drinking 

9 water that has been validated by the Administrator of the 

10 Environmental Protection Agency. 

11 (g) DEFINITIONS.—In this section: 

12 (1) The term ‘‘military installation’’ has the 

13 meaning given such term in section 2801(c)(4) of 

14 title 10, United States Code. 

15 (2) The term ‘‘perfluoroalkyl or polyfluoroalkyl 

16 substance’’ means any man-made chemical with at 

17 least one fully fluorinated carbon atom. 

18 (3) The term ‘‘public water system’’ has the 

19 meaning given such term under section 1401(4) of 

20 the Safe Drinking Water Act (42 U.S.C. 300f(4)). 


Pbinns on DSKJLVW7X2PROD with BILLS
134 

•S 2792 RS

1 SEC. 353. EXTENSION OF TRANSFER AUTHORITY FOR 

2 FUNDING OF STUDY AND ASSESSMENT ON 

3 HEALTH IMPLICATIONS OF PER- AND 

4 POLYFLUOROALKYL SUBSTANCES CONTAMI5 NATION IN DRINKING WATER BY AGENCY 

6 FOR TOXIC SUBSTANCES AND DISEASE REG7 ISTRY. 

8 Section 316(a)(2)(B)(ii) of the National Defense Au9 thorization Act for Fiscal Year 2018 (Public Law 115– 

10 91; 131 Stat. 1350), as amended by section 315(a) of the 

11 John S. McCain National Defense Authorization Act for 

12 Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1713), 

13 section 321 of the National Defense Authorization Act for 

14 Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307), 

15 and section 337 of the William M. (Mac) Thornberry Na16 tional Defense Authorization Act for Fiscal Year 2021 

17 (Public Law 116–283), is further amended by striking 

18 ‘‘fiscal years 2019, 2020, and 2021’’ and inserting ‘‘fiscal 

19 years 2019 through 2023’’. 

20 SEC. 354. REPORT ON REMEDIATION OF PERFLUOROALKYL 

21 SUBSTANCES AND POLYFLUOROALKYL SUB22 STANCES AT CERTAIN MILITARY INSTALLA23 TIONS. 

24 (a) IN GENERAL.—Not later than 60 days after the 

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

26 shall submit to Congress a report identifying the status 


Pbinns on DSKJLVW7X2PROD with BILLS
135 

•S 2792 RS

1 of efforts to remediate perfluoroalkyl substances and 

2 polyfluoroalkyl substances at the following locations: 

3 (1) England Air Force Base, Louisiana. 

4 (2) Naval Air Weapons Station China Lake, 

5 California. 

6 (3) Patrick Air Force Base, Florida. 

7 (4) Myrtle Beach Air Force Base, South Caro8 lina. 

9 (5) Langley Air Force Base, Virginia. 

10 (6) Naval Air Station Jacksonville, Florida. 

11 (7) Niagara Falls Air Reserve Station, New 

12 York. 

13 (8) Grand Prairie Armed Forces Reserve Com14 plex, Texas. 

15 (9) Altus Air Force Base, Oklahoma. 

16 (10) Charleston Air Force Base, South Caro17 lina. 

18 (11) Barksdale Air Force Base, Louisiana. 

19 (12) Plattsburgh Air Force Base, New York. 

20 (13) Tyndall Air Force Base, Florida. 

21 (14) Sheppard Air Force Base, Texas. 

22 (15) Columbus Air Force Base, Mississippi. 

23 (16) Chanute Air Force Base, Illinois. 

24 (17) Marine Corps Air Station Tustin, Cali25 fornia. 


Pbinns on DSKJLVW7X2PROD with BILLS
136 

•S 2792 RS

1 (18) Travis Air Force Base, California. 

2 (19) Ellsworth Air Force Base, South Dakota. 

3 (20) Minot Air Force Base, North Dakota. 

4 (21) Westover Air Reserve Base, Massachu5 setts. 

6 (22) Eaker Air Force Base, Arkansas. 

7 (23) Naval Air Station Alameda, California. 

8 (24) Eielson Air Force Base, Alaska. 

9 (25) Horsham Air Guard Station, Pennsyl10 vania. 

11 (26) Vance Air Force Base, Oklahoma. 

12 (27) Dover Air Force Base, Delaware. 

13 (28) Edwards Air Force Base, California. 

14 (29) Robins Air Force Base, Georgia. 

15 (30) Joint Base McGuire–Dix–Lakehurst, New 

16 Jersey. 

17 (31) Galena Air Force Base, Alaska. 

18 (32) Naval Research Laboratory Chesapeake 

19 Bay Detachment, Maryland. 

20 (33) Buckley Air Force Base, Colorado. 

21 (34) Arnold Air Force Base, Tennessee. 

22 (35) Tinker Air Force Base, Oklahoma. 

23 (36) Fairchild Air Force Base, Washington. 

24 (37) Vandenberg Air Force Base, California. 


Pbinns on DSKJLVW7X2PROD with BILLS
137 

•S 2792 RS

1 (38) Hancock Field Air National Guard Base, 

2 New York. 

3 (39) F.E. Warren Air Force Base, Wyoming. 

4 (40) Nevada Air National Guard Base, Nevada. 

5 (41) K.I. Sawyer Air Force Base, Michigan. 

6 (42) Pease Air Force Base, New Hampshire. 

7 (43) Whiteman Air Force Base, Missouri. 

8 (44) Wurtsmith Air Force Base, Michigan. 

9 (45) Shepherd Field Air National Guard Base, 

10 West Virginia. 

11 (46) Naval Air Station Whidbey Island–Ault 

12 Field, Washington. 

13 (47) Rosecrans Air National Guard Base, Mis14 souri. 

15 (48) Joint Base Andrews, Maryland. 

16 (49) Iowa Air National Guard Base, Iowa. 

17 (50) Stewart Air National Guard Base, New 

18 York. 

19 (b) DEFINITIONS.—In this section: 

20 (1) The term ‘‘perfluoroalkyl substance’’ means 

21 a man-made chemical of which all of the carbon 

22 atoms are fully fluorinated carbon atoms. 

23 (2) The term ‘‘polyfluoroalkyl substance’’ 

24 means a man-made chemical containing a mix of 


Pbinns on DSKJLVW7X2PROD with BILLS
138 

•S 2792 RS

1 fully fluorinated carbon atoms, partially fluorinated 

2 carbon atoms, and nonfluorinated carbon atoms. 

3 SEC. 355. REPORT ON SCHEDULE FOR COMPLETION OF RE4 MEDIATION OF PERFLUOROALKYL SUB5 STANCES AND POLYFLUOROALKYL SUB6 STANCES. 

7 (a) IN GENERAL.—Not later than 270 days after the 

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

9 shall submit to the Committees on Armed Services of the 

10 Senate and the House of Representatives a report detail11 ing a proposed schedule for the completion of remediation 

12 of perfluoroalkyl substances and polyfluoroalkyl sub13 stances, and the associated cost estimates to perform such 

14 remediation, at military installations, facilities of the Na15 tional Guard, and formerly used defense sites in the 

16 United States that are identified as of March 31, 2021, 

17 as having a release of perfluoroalkyl substances or 

18 polyfluoroalkyl substances. 

19 (b) DEFINITIONS.—In this section: 

20 (1) The term ‘‘military installation’’ has the 

21 meaning given such term in section 2801(c)(4) of 

22 title 10, United States Code. 

23 (2) The term ‘‘perfluoroalkyl substance’’ means 

24 a man-made chemical of which all of the carbon 

25 atoms are fully fluorinated carbon atoms. 


Pbinns on DSKJLVW7X2PROD with BILLS
139 

•S 2792 RS

1 (3) The term ‘‘polyfluoroalkyl substance’’ 

2 means a man-made chemical containing a mix of 

3 fully fluorinated carbon atoms, partially fluorinated 

4 carbon atoms, and nonfluorinated carbon atoms. 

5 Subtitle E—Other Matters 

6 SEC. 371. EXTENSION OF TEMPORARY AUTHORITY TO EX7 TEND CONTRACTS AND LEASES UNDER THE 

8 ARMS INITIATIVE. 

9 Section 343 of the National Defense Authorization 

10 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 

11 7554 note) is amended by striking ‘‘the date that is five 

12 years after the date of the enactment of this Act’’ and 

13 inserting ‘‘November 25, 2025,’’. 

14 SEC. 372. INCIDENT REPORTING REQUIREMENTS FOR DE15 PARTMENT OF DEFENSE REGARDING LOST 

16 OR STOLEN WEAPONS. 

17 (a) IN GENERAL.—For each of fiscal years 2022, 

18 2023, and 2024, the Secretary of Defense shall submit 

19 to the Committees on Armed Services of the Senate and 

20 the House of Representatives a report on security, control, 

21 thefts, losses, and recoveries of sensitive conventional 

22 arms, ammunition, and explosives (commonly referred to 

23 as ‘‘AA&E’’) of the Department of Defense during such 

24 year, including the following: 

25 (1) M–16 or M4s. 


Pbinns on DSKJLVW7X2PROD with BILLS
140 

•S 2792 RS

1 (2) Light automatic weapons up to and includ2 ing M249, M2, and 40mm MK19 machine guns. 

3 (3) Functional launch tube with umbilical squib 

4 installed and grip stock for the Stinger missile. 

5 (4) Launch tube, sight assembly, and grip stock 

6 for missiles. 

7 (5) Tracker for the Dragon missile. 

8 (6) Mortar tubes up to and including 81mm. 

9 (7) Grenade launchers. 

10 (8) Rocket and missile launchers with an un11 packed weight of 100 pounds or less. 

12 (9) Flame throwers. 

13 (10) The launcher, missile guidance se, or the 

14 optical sight for the TOW and the Javelin Command 

15 Launch Unit. 

16 (11) Single shot and semi-automatic (non-auto17 matic) shoulder-fired weapons such as shotguns and 

18 bolt action rifles and weapons barrels. 

19 (12) Handguns. 

20 (13) Recoil-less rifles up to and including 

21 106mm. 

22 (14) Man-portable missiles and rockets in a 

23 ready-to-fire configuration or when jointly stored or 

24 transported with the launcher tube or grip-stock and 

25 the explosive round. 


Pbinns on DSKJLVW7X2PROD with BILLS
141 

•S 2792 RS

1 (15) Stinger missiles. 

2 (16) Dragon, Javelin, light antitank weapon 

3 (66mm), shoulder-launched multi-purpose assault 

4 weapon rocket (83mm), M136 (AT4) anti-armor 

5 launcher and cartridge (84mm). 

6 (17) Missiles and rockets that are crew-served 

7 or require platform-mounted launchers and other 

8 equipment to function include HYDRA–70 rockets 

9 and tube-launched optically wire guided (TOW) mis10 siles. 

11 (18) Missiles and rockets that require platform12 mounted launchers and complex hardware equipment 

13 to function including the HELLFIRE missile. 

14 (19) Explosive rounds of any missile or rocket 

15 listed in paragraphs (1) through (18). 

16 (20) Hand or rifle grenades (high-explosive and 

17 white phosphorous). 

18 (21) Antitank or antipersonnel mines. 

19 (22) Explosives used in demolition operations, 

20 C–4, military dynamite, and trinitrotoluene (TNT). 

21 (23) Warheads for sensitive missiles and rock22 ets weighing less than 50 pounds each. 

23 (24) Ammunition that is .50 caliber or larger 

24 with explosive-filled projectile. 


Pbinns on DSKJLVW7X2PROD with BILLS
142 

•S 2792 RS

1 (25) Incendiary grenades and fuses for high-ex2 plosive grenades. 

3 (26) Blasting caps. 

4 (27) Supplementary charges. 

5 (28) Bulk explosives. 

6 (29) Detonating cord. 

7 (30) Riot control agents. 

8 (b) IMMEDIATE REPORTING OF CONFIRMED THEFTS, 

9 LOSSES, AND RECOVERIES.—Not later than 72 hours 

10 after a confirmed theft, loss, or recovery of a sensitive con11 ventional arm, ammunition, or explosive covered by the re12 port required by subsection (a), the Secretary shall report 

13 such theft, loss, or recovery to the National Crime Infor14 mation Center and local law enforcement. 

15 SEC. 373. REPEAL OF SUNSET FOR NAVAL VESSEL EXAM16 INATION REPORT. 

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

18 amended by striking paragraph (3). 

19 SEC. 374. REPORT ON AMMUNITION ORGANIC INDUSTRIAL 

20 BASE MODERNIZATION BY DEPARTMENT OF 

21 THE ARMY. 

22 (a) IN GENERAL.—Not later than March 15, 2022, 

23 the Secretary of the Army shall submit to the congres24 sional defense committees a report on— 


Pbinns on DSKJLVW7X2PROD with BILLS
143 

•S 2792 RS

1 (1) a modernization master plan for the optimal 

2 placement and creation of efficiencies in facilities 

3 and major equipment to support mission require4 ments at ammunition organic industrial base pro5 duction facilities under the jurisdiction of the Sec6 retary of the Army; and 

7 (2) an investment strategy to address the facili8 ties, major equipment, and infrastructure require9 ments at each such production facility in order to 

10 support the readiness and material availability goals 

11 of current and future weapons systems of the De12 partment of Defense. 

13 (b) ELEMENTS.—The report required by subsection 

14 (a) shall include the following elements: 

15 (1) A review of current and projected workload 

16 requirements for the manufacturing of energetic ma17 terials, including propellants, explosives, pyrotech18 nics, and the ingredients for propellants, explosives, 

19 and pyrotechnics, to assess efficiencies in the use of 

20 existing facilities, including consideration of new 

21 weapons characteristics and requirements, obsoles22 cence of facilities, siting of facilities and equipment, 

23 and various constrained process flows. 

24 (2) An analysis of life-cycle costs to repair and 

25 modernize existing mission-essential facilities versus 


Pbinns on DSKJLVW7X2PROD with BILLS
144 

•S 2792 RS

1 the cost to consolidate functions into modern, right2 sized facilities at each location to meet current and 

3 programmed future mission requirements. 

4 (3) A review of the progress made in 

5 prioritizing and funding projects that facilitate proc6 ess efficiencies and consolidate and contribute to 

7 availability cost and schedule reductions. 

8 (4) An accounting of the backlog of restoration 

9 and modernization projects at each arsenal of the 

10 Department of the Army. 

11 (5) A master plan for each arsenal of the De12 partment of the Army that incorporates the results 

13 of a review of— 

14 (A) industrial processes, logistics streams, 

15 and workload distribution required to support 

16 production objectives; and 

17 (B) the facilities requirements to support 

18 optimized processes. 

19 (6) An updated investment strategy planned for 

20 each arsenal of the Department of the Army, includ21 ing— 

22 (A) a timeline to complete the master plan 

23 for such strategy; 

24 (B) a list of projects and a brief scope of 

25 work for each such project; and 


Pbinns on DSKJLVW7X2PROD with BILLS
145 

•S 2792 RS

1 (C) cost estimates necessary to complete 

2 projects for mission essential facilities. 

3 (c) ANNUAL REPORT.—As part of the annual budget 

4 submission by the President under section 1105(a) of title 

5 31, United States Code, for fiscal years 2023 through 

6 2027, the Secretary of the Army shall submit to the con7 gressional defense committees a report describing the 

8 progress made in establishing the master plan under sub9 section (b)(5) and implementing the investment strategy 

10 under subsection (b)(6). 

11 SEC. 375. ANNUAL REPORT BY SECRETARY OF THE NAVY 

12 ON SHIP MAINTENANCE. 

13 (a) IN GENERAL.—Chapter 863 of title 10, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 8695. Annual report on ship maintenance 

17 ‘‘Not later than October 15 of each year, the Sec18 retary of the Navy shall submit to the Committee on 

19 Armed Services of the Senate and the Committee on 

20 Armed Services of the House of Representatives a report 

21 setting forth the following: 

22 ‘‘(1) A description of all ship maintenance 

23 planned for the fiscal year in which the report is 

24 submitted, by hull. 


Pbinns on DSKJLVW7X2PROD with BILLS
146 

•S 2792 RS

1 ‘‘(2) The estimated cost of the maintenance de2 scribed in paragraph (1). 

3 ‘‘(3) A summary of all ship maintenance con4 ducted by the Secretary during the previous fiscal 

5 year. 

6 ‘‘(4) Details of any ship maintenance that was 

7 deferred during the previous fiscal year. 

8 ‘‘(5) Details of planned ship maintenance that 

9 was cancelled during the previous fiscal year and a 

10 summary of the reasons for the decision.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 863 of such title is amended 

13 by adding at the end the following new item: 

‘‘8695. Annual report on ship maintenance.’’. 

14 TITLE IV—MILITARY 

15 PERSONNEL AUTHORIZATIONS 

16 Subtitle A—Active Forces 

17 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

18 The Armed Forces are authorized strengths for active 

19 duty personnel as of September 30, 2022, as follows: 

20 (1) The Army, 485,000. 

21 (2) The Navy, 346,200. 

22 (3) The Marine Corps, 178,500. 

23 (4) The Air Force, 329,220. 

24 (5) The Space Force, 8,400. 


Pbinns on DSKJLVW7X2PROD with BILLS
147 

•S 2792 RS

1 SEC. 402. AUTHORITY WITH RESPECT TO AUTHORIZED 

2 STRENGTHS FOR GENERAL AND FLAG OFFI3 CERS WITHIN THE ARMED FORCES FOR 

4 EMERGING REQUIREMENTS. 

5 (a) AUTHORITY ON AND BEFORE DECEMBER 31, 

6 2022.—Section 526 of title 10, United States Code, is 

7 amended— 

8 (1) by redesignating subsection (k) as sub9 section (l); and 

10 (2) by inserting after subsection (j) the fol11 lowing new subsection: 

12 ‘‘(k) TRANSFER OF AUTHORIZATIONS AMONG THE

13 MILITARY SERVICES.—(1) The Secretary of Defense may 

14 increase the maximum number of brigadier generals or 

15 major generals in the Army, Air Force, Marine Corps, or 

16 Space Force, or rear admirals (lower half) or rear admi17 rals in the Navy, allowed under subsection (a) and section 

18 525 of this title, and the President may appoint officers 

19 in the equivalent grades equal to the number increased 

20 by the Secretary of Defense, if each appointment is made 

21 in conjunction with an offsetting reduction under para22 graph (2). 

23 ‘‘(2) For each increase and appointment made under 

24 the authority of paragraph (1) in the Army, Navy, Air 

25 Force, Marine Corps, or Space Force, the number of ap26 pointments that may be made in the equivalent grade in 


Pbinns on DSKJLVW7X2PROD with BILLS
148 

•S 2792 RS

1 one of the other armed forces (other than the Coast 

2 Guard) shall be reduced by one. When such an increase 

3 and appointment is made, the Secretary of Defense shall 

4 specify the armed force in which the reduction required 

5 by this paragraph is to be made. 

6 ‘‘(3) The total number of general officers and flag 

7 officers increased under paragraph (1), combined with the 

8 total number of general officers and flag officers increased 

9 under section 526a(i)(1) of this title, may not exceed 15 

10 at any one time. 

11 ‘‘(4) The Secretary may not increase the maximum 

12 number of general officers or flag officers under para13 graph (1) until the date that is 30 days after the date 

14 on which the Secretary provides notice of the increase to 

15 the Committees on Armed Services of the Senate and the 

16 House of Representatives.’’. 

17 (b) AUTHORITY AFTER DECEMBER 31, 2022.—Sec18 tion 526a of title 10, United States Code, is amended by 

19 adding at the end the following new subsection: 

20 ‘‘(i) TRANSFER OF AUTHORIZATIONS AMONG THE

21 MILITARY SERVICES.—(1) The Secretary of Defense may 

22 increase the maximum number of brigadier generals or 

23 major generals in the Army, Air Force, Marine Corps, or 

24 Space Force, or rear admirals (lower half) or rear admi25 rals in the Navy, allowed under subsection (a) and section 


Pbinns on DSKJLVW7X2PROD with BILLS
149 

•S 2792 RS

1 525 of this title and the President may appoint officers 

2 in the equivalent grades equal to the number increased 

3 by the Secretary of Defense if each appointment is made 

4 in conjunction with an offsetting reduction under para5 graph (2). 

6 ‘‘(2) For each increase and appointment made under 

7 the authority of paragraph (1) in the Army, Navy, Air 

8 Force, Marine Corps, or Space Force, the number of ap9 pointments that may be made in the equivalent grade in 

10 one of the other armed forces (other than the Coast 

11 Guard) shall be reduced by one. When such an increase 

12 and appointment is made, the Secretary of Defense shall 

13 specify the armed force in which the reduction required 

14 by this paragraph is to be made. 

15 ‘‘(3) The total number of general officers and flag 

16 officers increased under paragraph (1), combined with the 

17 total number of general officers and flag officers increased 

18 under section 526(k)(1) of this title, may not exceed 15 

19 at any one time. 

20 ‘‘(4) The Secretary may not increase the maximum 

21 number of general officers or flag officers under para22 graph (1) until the date that is 30 days after the date 

23 on which the Secretary provides notice of the increase to 

24 the Committees on Armed Services of the Senate and the 

25 House of Representatives.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
150 

•S 2792 RS

1 SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE 

2 END STRENGTH. 

3 (a) IN GENERAL.—Notwithstanding section 115(g) 

4 of title 10, United States Code, upon determination by the 

5 Secretary of the Air Force that such action would enhance 

6 manning and readiness in essential units or in critical spe7 cialties, the Secretary may vary the end strength author8 ized by Congress for each fiscal year as follows: 

9 (1) Increase the end strength authorized pursu10 ant to section 115(a)(1)(A) for a fiscal year for the 

11 Space Force by a number equal to not more than 5 

12 percent of such authorized end strength. 

13 (2) Decrease the end strength authorized pur14 suant to section 115(a)(1)(A) for a fiscal year for 

15 the Space Force by a number equal to not more 

16 than 10 percent of such authorized end strength. 

17 (b) TERMINATION.—The authority provided under 

18 subsection (a) shall terminate on December 31, 2022. 

19 SEC. 404. TEMPORARY EXEMPTION FROM END STRENGTH 

20 GRADE RESTRICTIONS FOR THE SPACE 

21 FORCE. 

22 Sections 517 and 523 of title 10, United States Code, 

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


Pbinns on DSKJLVW7X2PROD with BILLS
151 

•S 2792 RS

1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2022, as follows: 

6 (1) The Army National Guard of the United 

7 States, 336,000. 

8 (2) The Army Reserve, 189,500. 

9 (3) The Navy Reserve, 58,600. 

10 (4) The Marine Corps Reserve, 36,800. 

11 (5) The Air National Guard of the United 

12 States, 108,300. 

13 (6) The Air Force Reserve, 70,300. 

14 (7) The Coast Guard Reserve, 7,000. 

15 (b) END STRENGTH REDUCTIONS.—The end 

16 strengths prescribed by subsection (a) for the Selected Re17 serve of any reserve component shall be proportionately 

18 reduced by— 

19 (1) the total authorized strength of units orga20 nized to serve as units of the Selected Reserve of 

21 such component which are on active duty (other 

22 than for training) at the end of the fiscal year; and 

23 (2) the total number of individual members not 

24 in units organized to serve as units of the Selected 

25 Reserve of such component who are on active duty 


Pbinns on DSKJLVW7X2PROD with BILLS
152 

•S 2792 RS

1 (other than for training or for unsatisfactory partici2 pation in training) without their consent at the end 

3 of the fiscal year. 

4 (c) END STRENGTH INCREASES.—Whenever units or 

5 individual members of the Selected Reserve of any reserve 

6 component are released from active duty during any fiscal 

7 year, the end strength prescribed for such fiscal year for 

8 the Selected Reserve of such reserve component shall be 

9 increased proportionately by the total authorized strengths 

10 of such units and by the total number of such individual 

11 members. 

12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

13 DUTY IN SUPPORT OF THE RESERVES. 

14 Within the end strengths prescribed in section 

15 411(a), the reserve components of the Armed Forces are 

16 authorized, as of September 30, 2022, the following num17 ber of Reserves to be serving on full-time active duty or 

18 full-time duty, in the case of members of the National 

19 Guard, for the purpose of organizing, administering, re20 cruiting, instructing, or training the reserve components: 

21 (1) The Army National Guard of the United 

22 States, 30,845. 

23 (2) The Army Reserve, 16,511. 

24 (3) The Navy Reserve, 10,293. 

25 (4) The Marine Corps Reserve, 2,386. 


Pbinns on DSKJLVW7X2PROD with BILLS
153 

•S 2792 RS

1 (5) The Air National Guard of the United 

2 States, 25,333. 

3 (6) The Air Force Reserve, 6,003. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 (a) IN GENERAL.—The authorized number of mili7 tary technicians (dual status) as of the last day of fiscal 

8 year 2022 for the reserve components of the Army and 

9 the Air Force (notwithstanding section 129 of title 10, 

10 United States Code) shall be the following: 

11 (1) For the Army National Guard of the United 

12 States, 22,294. 

13 (2) For the Army Reserve, 6,492. 

14 (3) For the Air National Guard of the United 

15 States, 10,994. 

16 (4) For the Air Force Reserve, 7,111. 

17 (b) LIMITATION ON NUMBER OF TEMPORARY MILI18 TARY TECHNICIANS (DUAL STATUS).—The number of 

19 temporary military technicians (dual-status) employed 

20 under the authority of subsection (a) may not exceed 25 

21 percent of the total authorized number specified in such 

22 subsection. 

23 (c) LIMITATION.—Under no circumstances may a 

24 military technician (dual status) employed under the au25 thority of this section be coerced by a State into accepting 


Pbinns on DSKJLVW7X2PROD with BILLS
154 

•S 2792 RS

1 an offer of realignment or conversion to any other military 

2 status, including as a member of the Active, Guard, and 

3 Reserve program of a reserve component. If a military 

4 technician (dual status) declines to participate in such re5 alignment or conversion, no further action will be taken 

6 against the individual or the individual’s position. 

7 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU8 THORIZED TO BE ON ACTIVE DUTY FOR 

9 OPERATIONAL SUPPORT. 

10 During fiscal year 2022, the maximum number of 

11 members of the reserve components of the Armed Forces 

12 who may be serving at any time on full-time operational 

13 support duty under section 115(b) of title 10, United 

14 States Code, is the following: 

15 (1) The Army National Guard of the United 

16 States, 17,000. 

17 (2) The Army Reserve, 13,000. 

18 (3) The Navy Reserve, 6,200. 

19 (4) The Marine Corps Reserve, 3,000. 

20 (5) The Air National Guard of the United 

21 States, 16,000. 

22 (6) The Air Force Reserve, 14,000. 


Pbinns on DSKJLVW7X2PROD with BILLS
155 

•S 2792 RS

1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

5 are hereby authorized to be appropriated for fiscal year 

6 2022 for the use of the Armed Forces and other activities 

7 and agencies of the Department of Defense for expenses, 

8 not otherwise provided for, for military personnel, as spec9 ified in the funding table in section 4401. 

10 (b) CONSTRUCTION OF AUTHORIZATION.—The au11 thorization of appropriations in subsection (a) supersedes 

12 any other authorization of appropriations (definite or in13 definite) for such purpose for fiscal year 2022. 

14 TITLE V—MILITARY PERSONNEL 

15 POLICY 

16 Subtitle A—Officer Personnel 

17 Policy 

18 SEC. 501. INCREASE IN AUTHORIZED LIEUTENANT COM19 MANDER BILLETS IN THE NAVY. 

20 Section 605(g)(4)(B) of title 10, United States Code, 

21 is amended by striking ‘‘325’’ and inserting ‘‘350’’. 

22 SEC. 502. TIME IN GRADE REQUIREMENTS. 

23 Section 619(a) of title 10, United States Code, is 

24 amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
156 

•S 2792 RS

1 (1) in paragraph (2), by striking ‘‘paragraph 

2 (4)’’ and inserting ‘‘paragraph (5)’’; 

3 (2) by redesignating paragraphs (4) and (5) as 

4 paragraphs (5) and (6), respectively; and 

5 (3) by inserting after paragraph (3) the fol6 lowing new paragraph: 

7 ‘‘(4) When the needs of the service require, the Sec8 retary of the military department concerned may prescribe 

9 a shorter period of service in grade, but not less than two 

10 years, for eligibility for consideration for promotion, in the 

11 case of officers designated for limited duty to whom para12 graph (2) applies.’’. 

13 Subtitle B—General Service Au14 thorities and Correction of Mili15 tary Records 

16 PART I— SELECTIVE SERVICE REFORM 

17 SEC. 511. MODERNIZATION OF THE SELECTIVE SERVICE 

18 SYSTEM. 

19 (a) REFERENCE.—Except as expressly provided oth20 erwise, any reference in this section to a section or other 

21 provision shall be deemed to be a reference to that section 

22 or other provision of the Military Selective Service Act (50 

23 U.S.C. 3801 et seq.). 


Pbinns on DSKJLVW7X2PROD with BILLS
157 

•S 2792 RS

1 (b) PURPOSE OF SELECTIVE SERVICE.—Subsection 

2 (b) of section 1 (50 U.S.C. 3801) is amended to read as 

3 follows: 

4 ‘‘(b) The Congress declares that the security of the 

5 Nation requires that adequate military strength be 

6 achieved and maintained by ensuring a requisite number 

7 of personnel with the necessary capabilities to meet the 

8 diverse mobilization needs of the Department of Defense 

9 during a national emergency.’’. 

10 (c) SOLEMNITY OF MILITARY SERVICE.—Section 3 

11 (50 U.S.C. 3802) is amended by adding at the end the 

12 following: 

13 ‘‘(c) Regulations prescribed pursuant to subsection 

14 (a) shall include methods to convey to every person re15 quired to register the solemn obligation for military service 

16 if called into training or service under this Act.’’. 

17 (d) EXPANDED REGISTRATION TO ALL AMERI18 CANS.— 

19 (1) Section 3(a) (50 U.S.C. 3802(a)) is amend20 ed— 

21 (A) by striking ‘‘male citizen’’ and insert22 ing ‘‘citizen’’; 

23 (B) by striking ‘‘male person’’ and insert24 ing ‘‘person’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
158 

•S 2792 RS

1 (C) by striking ‘‘present himself’’ and in2 serting ‘‘appear’’; and 

3 (D) by striking ‘‘so long as he’’ and insert4 ing ‘‘so long as such alien’’. 

5 (2) Section 4(e) (50 U.S.C. 3803(e)) is amend6 ed by striking ‘‘enlisted men’’ and inserting ‘‘en7 listed persons’’. 

8 (3) Section 5 (50 U.S.C. 3805) is amended— 

9 (A) in subsection (a)(1)— 

10 (i) by striking ‘‘on account of race or 

11 color’’ and inserting ‘‘on any basis set 

12 forth in section 703(a) of the Civil Rights 

13 Act of 1964 (42 U.S.C. 2002e–2(a))’’; and 

14 (ii) by striking ‘‘call for men’’ and in15 serting ‘‘call for persons’’; and 

16 (B) in subsection (b), by striking ‘‘men’’ 

17 each place it appears and inserting ‘‘persons’’. 

18 (4) Section 6 (50 U.S.C. 3806) is amended— 

19 (A) in subsection (a)(1)— 

20 (i) by striking ‘‘enlisted men’’ and in21 serting ‘‘enlisted persons’’; and 

22 (ii) by striking ‘‘accrue to him’’ and 

23 inserting ‘‘accrue to such alien’’; and 

24 (B) in subsection (h)— 


Pbinns on DSKJLVW7X2PROD with BILLS
159 

•S 2792 RS

1 (i) by striking ‘‘(other than wives 

2 alone, except in cases of extreme hard3 ship)’’; and 

4 (ii) by striking ‘‘wives and children’’ 

5 and inserting ‘‘spouses and children’’. 

6 (5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is 

7 amended by striking ‘‘the President is requested’’ 

8 and all that follows through ‘‘race or national ori9 gin’’ and inserting ‘‘the President is requested to ap10 point the membership of each local board so that 

11 each board has both male and female members and, 

12 to the maximum extent practicable, it is proportion13 ately representative of those registrants within its 

14 jurisdiction in each applicable basis set forth in sec15 tion 703(a) of the Civil Rights Act of 1964 (42 

16 U.S.C. 2002e–2(a)), but no action by any board 

17 shall be declared invalid on the ground that such 

18 board failed to conform to such representation 

19 quota’’. 

20 (6) Section 16(a) (50 U.S.C. 3814(a)) is 

21 amended by striking ‘‘men’’ and inserting ‘‘persons’’. 

22 (e) MAINTAINING THE HEALTH OF THE SELECTIVE

23 SERVICE SYSTEM.—Section 10(a) (50 U.S.C. 3809(a)) is 

24 amended by adding at the end the following new para25 graph: 


Pbinns on DSKJLVW7X2PROD with BILLS
160 

•S 2792 RS

1 ‘‘(5) The Selective Service System shall conduct 

2 exercises periodically of all mobilization plans, sys3 tems, and processes to evaluate and test the effec4 tiveness of such plans, systems, and processes. Once 

5 every 4 years, the exercise shall include the full 

6 range of internal and interagency procedures to en7 sure functionality and interoperability and may take 

8 place as part of the Department of Defense mobili9 zation exercise under section 10208 of title 10, 

10 United States Code. The Selective Service System 

11 shall conduct a public awareness campaign in con12 junction with each exercise to communicate the pur13 pose of the exercise to the public.’’. 

14 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 The Military Selective Service Act is amended— 

16 (1) in section 4 (50 U.S.C. 3803)— 

17 (A) in subsection (a) in the third undesig18 nated paragraph— 

19 (i) by striking ‘‘his acceptability in all 

20 respects, including his’’ and inserting 

21 ‘‘such person’s acceptability in all respects, 

22 including such person’s’’; and 

23 (ii) by striking ‘‘he may prescribe’’ 

24 and inserting ‘‘the President may pre25 scribe’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
161 

•S 2792 RS

1 (B) in subsection (c)— 

2 (i) in paragraph (2), by striking ‘‘any 

3 enlisted member’’ and inserting ‘‘any per4 son who is an enlisted member’’; and 

5 (ii) in paragraphs (3), (4), and (5), by 

6 striking ‘‘in which he resides’’ and insert7 ing ‘‘in which such person resides’’; 

8 (C) in subsection (g), by striking ‘‘coordi9 nate with him’’ and inserting ‘‘coordinate with 

10 the Director’’; and 

11 (D) in subsection (k)(1), by striking ‘‘find12 ing by him’’ and inserting ‘‘finding by the 

13 President’’; 

14 (2) in section 5(d) (50 U.S.C. 3805(d)), by 

15 striking ‘‘he may prescribe’’ and inserting ‘‘the 

16 President may prescribe’’; 

17 (3) in section 6 (50 U.S.C. 3806)— 

18 (A) in subsection (c)(2)(D), by striking 

19 ‘‘he may prescribe’’ and inserting ‘‘the Presi20 dent may prescribe’’; 

21 (B) in subsection (d)(3), by striking ‘‘he 

22 may deem appropriate’’ and inserting ‘‘the 

23 President considers appropriate’’; and 


Pbinns on DSKJLVW7X2PROD with BILLS
162 

•S 2792 RS

1 (C) in subsection (h), by striking ‘‘he may 

2 prescribe’’ each place it appears and inserting 

3 ‘‘the President may prescribe’’; 

4 (4) in section 10 (50 U.S.C. 3809)— 

5 (A) in subsection (b)— 

6 (i) in paragraph (3)— 

7 (I) by striking ‘‘He shall create’’ 

8 and inserting ‘‘The President shall 

9 create’’; and 

10 (II) by striking ‘‘upon his own 

11 motion’’ and inserting ‘‘upon the 

12 President’s own motion’’; 

13 (ii) in paragraph (4), by striking ‘‘his 

14 status’’ and inserting ‘‘such individual’s 

15 status’’; and 

16 (iii) in paragraphs (4), (6), (8), and 

17 (9), by striking ‘‘he may deem’’ each place 

18 it appears and inserting ‘‘the President 

19 considers’’; and 

20 (B) in subsection (c), by striking ‘‘vested 

21 in him’’ and inserting ‘‘vested in the Presi22 dent’’; 

23 (5) in section 13(b) (50 U.S.C. 3812(b)), by 

24 striking ‘‘regulation if he’’ and inserting ‘‘regulation 

25 if the President’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
163 

•S 2792 RS

1 (6) in section 15 (50 U.S.C. 3813)— 

2 (A) in subsection (b), by striking ‘‘his’’ 

3 each place it appears and inserting ‘‘the reg4 istrant’s’’; and 

5 (B) in subsection (d), by striking ‘‘he may 

6 deem’’ and inserting ‘‘the President considers’’; 

7 (7) in section 16(g) (50 U.S.C. 3814(g))— 

8 (A) in paragraph (1), by striking ‘‘who as 

9 his regular and customary vocation’’ and insert10 ing ‘‘who, as such person’s regular and cus11 tomary vocation,’’; and 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘one who as his cus14 tomary vocation’’ and inserting ‘‘a person 

15 who, as such person’s customary voca16 tion,’’; and 

17 (ii) by striking ‘‘he is a member’’ and 

18 inserting ‘‘such person is a member’’; 

19 (8) in section 18(a) (50 U.S.C. 3816(a)), by 

20 striking ‘‘he is authorized’’ and inserting ‘‘the Presi21 dent is authorized’’; 

22 (9) in section 21 (50 U.S.C. 3819)— 

23 (A) by striking ‘‘he is sooner’’ and insert24 ing ‘‘sooner’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
164 

•S 2792 RS

1 (B) by striking ‘‘he’’ each subsequent place 

2 it appears and inserting ‘‘such member’’; and 

3 (C) by striking ‘‘his consent’’ and inserting 

4 ‘‘such member’s consent’’; 

5 (10) in section 22(b) (50 U.S.C. 3820(b)), in 

6 paragraphs (1) and (2), by striking ‘‘his’’ each place 

7 it appears and inserting ‘‘the registrant’s’’; and 

8 (11) except as otherwise provided in this sec9 tion— 

10 (A) by striking ‘‘he’’ each place it appears 

11 and inserting ‘‘such person’’; 

12 (B) by striking ‘‘his’’ each place it appears 

13 and inserting ‘‘such person’s’’; 

14 (C) by striking ‘‘him’’ each place it ap15 pears and inserting ‘‘such person’’; and 

16 (D) by striking ‘‘present himself’’ each 

17 place it appears in section 12 (50 U.S.C. 3811) 

18 and inserting ‘‘appear’’. 

19 (g) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on the date of the enactment 

21 of this Act, except that the amendments made by sub22 section (d) shall take effect 1 year after such date of en23 actment. 


Pbinns on DSKJLVW7X2PROD with BILLS
165 

•S 2792 RS

1 SEC. 512. REPORT ON EXEMPTIONS AND DEFERMENTS FOR 

2 A POSSIBLE MILITARY DRAFT. 

3 Not later than 120 days after the date of the enact4 ment of this Act, the Director of the Selective Service Sys5 tem, in consultation with the Secretary of Defense and 

6 the Secretary of Homeland Security, shall submit to Con7 gress a report providing a review of exemptions and 

8 deferments from registration, training, and service under 

9 the Military Selective Service Act (50 U.S.C. 3801 et seq.) 

10 and of proposed revisions to those exemptions and 

11 deferments, taking into account amendments to the Mili12 tary Selective Service Act under section 511(a) of this Act 

13 to require registration of all United States citizens and 

14 persons residing in the United States. 

15 SEC. 513. REPORT ON PROCESSES AND PROCEDURES FOR 

16 APPEAL OF DENIAL OF STATUS OR BENEFITS 

17 FOR FAILURE TO REGISTER FOR SELECTIVE 

18 SERVICE. 

19 (a) REPORT REQUIRED.—Not later than 180 days 

20 after the date of the enactment of this Act, the Director 

21 of the Selective Service System shall submit to the appro22 priate committees of Congress a report setting forth the 

23 results of a review of the processes and procedures em24 ployed by agencies across the Federal Government for the 

25 appeal by individuals of a denial of status or benefits 

26 under Federal law for failure to register for selective servVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
166 

•S 2792 RS

1 ice under the Military Selective Service Act (50 U.S.C. 

2 3801 et seq.). 

3 (b) CONSULTATION.—The Director of the Selective 

4 Service System shall carry out this section in consultation 

5 with the Secretary of Homeland Security, the Secretary 

6 of Education, the Director of the Office of Personnel Man7 agement, and the heads of other appropriate Federal 

8 agencies. 

9 (c) ELEMENTS.—The report required by subsection 

10 (a) shall include the following: 

11 (1) A description and assessment of the various 

12 appeals processes and procedures described in sub13 section (a), including— 

14 (A) a description of such processes and 

15 procedures; and 

16 (B) an assessment of— 

17 (i) the adequacy of notice provided for 

18 appeals under such processes and proce19 dures; 

20 (ii) the fairness of each such process 

21 and procedure; 

22 (iii) the ease of use of each such proc23 ess and procedure; 


Pbinns on DSKJLVW7X2PROD with BILLS
167 

•S 2792 RS

1 (iv) consistency in the application of 

2 such processes and procedures across the 

3 Federal Government; and 

4 (v) the applicability of an appeal 

5 granted by one Federal agency under such 

6 processes and procedures to the actions 

7 and decisions of another Federal agency on 

8 a similar appeal. 

9 (2) Information on the number of waivers re10 quested, and the number of waivers granted, during 

11 the 15-year period ending on the date of the enact12 ment of this Act in connection with denial of status 

13 or benefits for failure to register for selective service. 

14 (3) An analysis and assessment of the rec15 ommendations of the National Commission on Mili16 tary, National, and Public Service for reforming the 

17 rules and policies concerning failure to register for 

18 selective service. 

19 (4) Such recommendations for legislative or ad20 ministrative action as the Director of the Selective 

21 Service System, and the consulting officers pursuant 

22 to subsection (b), consider appropriate in light of the 

23 review conducted pursuant to subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
168 

•S 2792 RS

1 (5) Such other matters in connection with the 

2 review conducted pursuant to subsection (a) as the 

3 Director considers appropriate. 

4 (d) APPROPRIATE COMMITTEES OF CONGRESS DE5 FINED.—In this section, the term ‘‘appropriate committee 

6 of Congress’’ means— 

7 (1) the Committee on Armed Services and the 

8 Committee on Homeland Security and Governmental 

9 Affairs of the Senate; and 

10 (2) the Committee on Armed Services and the 

11 Committee on Oversight and Reform of the House 

12 of Representatives. 

13 SEC. 514. RESPONSIBILITIES FOR NATIONAL MOBILIZA14 TION; PERSONNEL REQUIREMENTS. 

15 (a) EXECUTIVE AGENT FOR NATIONAL MOBILIZA16 TION.—The Secretary of Defense shall designate a senior 

17 civilian official within the Office of the Secretary of De18 fense as the Executive Agent for National Mobilization. 

19 The Executive Agent for National Mobilization shall be 

20 responsible for— 

21 (1) developing, managing, and coordinating pol22 icy and plans that address the full spectrum of mili23 tary mobilization readiness, including full mobiliza24 tion of personnel from volunteers to other persons 


Pbinns on DSKJLVW7X2PROD with BILLS
169 

•S 2792 RS

1 inducted into the Armed Forces under the Military 

2 Selective Service Act (50 U.S.C. 3801 et seq.); 

3 (2) providing Congress and the Selective Serv4 ice System with updated requirements and timelines 

5 for obtaining inductees in the event of a national 

6 emergency requiring mass mobilization and induc7 tion of personnel under the Military Selective Service 

8 Act for training and service in the Armed Forces; 

9 and 

10 (3) providing Congress with a plan, developed 

11 in coordination with the Selective Service System, to 

12 induct large numbers of volunteers who may respond 

13 to a national call for volunteers during an emer14 gency. 

15 (b) REPORT REQUIRED.—Not later than one year 

16 after the date of the enactment of this Act, the Secretary 

17 of Defense shall submit to Congress a plan for obtaining 

18 inductees as part of a mobilization timeline for the Selec19 tive Service System. The plan shall include a description 

20 of resources, locations, and capabilities of the Armed 

21 Forces required to train, equip, and integrate personnel 

22 inducted into the Armed Forces under the Military Selec23 tive Service Act into the total force, addressing scenarios 

24 that would include 300,000, 600,000, and 1,000,000 new 

25 volunteer and other personnel inducted into the Armed 


Pbinns on DSKJLVW7X2PROD with BILLS
170 

•S 2792 RS

1 Forces under the Military Selective Service Act. The plan 

2 may be provided in classified form. 

3 SEC. 515. ENHANCEMENTS TO NATIONAL MOBILIZATION 

4 EXERCISES. 

5 Section 10208 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(c)(1) The Secretary shall, beginning in the first fis9 cal year that begins after the date of the enactment of 

10 this subsection, and every 5 years thereafter, as part of 

11 the major mobilization exercise under subsection (a), in12 clude the processes of the Selective Service System in 

13 preparation for the induction of personnel into the armed 

14 forces under the Military Selective Service Act (50 U.S.C. 

15 3801 et seq.), and submit to Congress a report on the 

16 results of this exercise. The report may be submitted in 

17 classified form. 

18 ‘‘(2) The exercise under this subsection— 

19 ‘‘(A) shall include a review of national mobiliza20 tion strategic and operational concepts; 

21 ‘‘(B) shall include a simulation of a mobiliza22 tion of all armed forces and reserve units, with plans 

23 and processes for incorporating personnel inducted 

24 into the armed forces under the Military Selective 


Pbinns on DSKJLVW7X2PROD with BILLS
171 

•S 2792 RS

1 Service Act and the large number of volunteers who 

2 may respond to a national call for volunteers; and 

3 ‘‘(C) shall involve the Selective Service System, 

4 the Department of Homeland Security, the Depart5 ment of Commerce, the Department of Labor, and 

6 other relevant interagency stakeholders.’’. 

7 PART II—OTHER MATTERS 

8 SEC. 518. MILITARY SERVICE INDEPENDENT RACIAL DIS9 PARITY REVIEW. 

10 (a) REVIEW REQUIRED.—Each Secretary of a mili11 tary department shall conduct an assessment of racial dis12 parity in military justice and discipline processes and mili13 tary personnel policies, as they pertain to minority popu14 lations. 

15 (b) REPORT REQUIRED.—Not later than one year 

16 after the date of the enactment of this Act, each Secretary 

17 concerned shall transmit to the Committees on Armed 

18 Services of the Senate and the House of Representatives 

19 and the Comptroller General of the United States a report 

20 detailing the results of the assessment required by sub21 section (a), together with recommendations for statutory 

22 or regulatory changes as the Secretary concerned deter23 mines appropriate. 

24 (c) COMPTROLLER GENERAL REPORT.—Not later 

25 than 180 days after receiving the reports submitted under 


Pbinns on DSKJLVW7X2PROD with BILLS
172 

•S 2792 RS

1 subsection (b), the Comptroller General shall submit to 

2 the Committees on Armed Services of the Senate and the 

3 House of Representatives a report comparing the military 

4 service assessments on racial disparity to existing reports 

5 assessing racial disparity in civilian criminal justice sys6 tems in the United States. 

7 (d) DEFINITIONS.—In this section: 

8 (1) MILITARY JUSTICE; DISCIPLINE PROC9 ESSES.—The terms ‘‘military justice’’ and ‘‘dis10 cipline processes’’ refer to all facets of the military 

11 justice system, including investigation, the use of ad12 ministrative separations and other administrative 

13 sanctions, non-judicial punishment, panel selection, 

14 pre-trial confinement, the use of solitary confine15 ment, dispositions of courts-martial, sentencing, and 

16 post-trial processes. 

17 (2) MILITARY PERSONNEL POLICIES.—The 

18 term ‘‘military personnel policies’’ includes accession 

19 rates and policies, retention rates and policies, pro20 motion rates, assignments, professional military edu21 cation selection and policies, and career opportunity 

22 for minority members of the Armed Forces. 

23 (3) MINORITY POPULATIONS.—The term ‘‘mi24 nority populations’’ includes Black, Hispanic, Asian/ 


Pbinns on DSKJLVW7X2PROD with BILLS
173 

•S 2792 RS

1 Pacific Islander, American Indian, and Alaska Na2 tive populations. 

3 SEC. 519. APPEALS TO PHYSICAL EVALUATION BOARD DE4 TERMINATIONS OF FITNESS FOR DUTY. 

5 Not later than 90 days after the date of the enact6 ment of this Act, the Secretary of Defense shall incor7 porate a formal appeals process into the policies and pro8 cedures applicable to the implementation of the Integrated 

9 Disability Evaluation System of the Department of De10 fense. The appeals process shall include the following: 

11 (1) The Secretary concerned shall ensure that 

12 a member of the Armed Forces may submit a formal 

13 appeal made with respect to determinations of fit14 ness for duty to a Physical Evaluation Board of 

15 such Secretary. 

16 (2) The appeals process shall include, at the re17 quest of such member, an impartial hearing on a fit18 ness for duty determination to be conducted by the 

19 Secretary concerned. 

20 (3) Such member shall have the option to be 

21 represented at a hearing by legal counsel. 

22 SEC. 520. EXTENSION OF PAID PARENTAL LEAVE. 

23 (a) IN GENERAL.—Section 701 of title 10, United 

24 States Code, is amended— 

25 (1) in subsection (i)— 


Pbinns on DSKJLVW7X2PROD with BILLS
174 

•S 2792 RS

1 (A) in paragraph (1)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘a member’’ and all that follows through 

4 the period at the end and inserting the fol5 lowing: ‘‘a member of the armed forces de6 scribed in paragraph (2) is allowed up to 

7 a total of 12 weeks of parental leave dur8 ing the one-year period beginning after the 

9 following events: 

10 ‘‘(i) The birth or adoption of a child 

11 of the member and in order to care for 

12 such child. 

13 ‘‘(ii) The placement of a minor child 

14 with the member for adoption or foster 

15 care.’’; and 

16 (ii) by striking subparagraph (B) and 

17 inserting the following: 

18 ‘‘(B)(i) The Secretary concerned, under 

19 uniform regulations to be prescribed by the Sec20 retary of Defense, may authorize leave de21 scribed under subparagraph (A) to be taken 

22 after the one-year period described in such 

23 paragraph in the case of a member described in 

24 paragraph (2) who, except for this subpara25 graph, would lose unused parental leave at the 


Pbinns on DSKJLVW7X2PROD with BILLS
175 

•S 2792 RS

1 end of the one-year period described in subpara2 graph (A) as a result of— 

3 ‘‘(I) operational requirements; 

4 ‘‘(II) professional military education 

5 obligations; or 

6 ‘‘(III) other circumstances that the 

7 Secretary determines reasonable and ap8 propriate. 

9 ‘‘(ii) The regulations prescribed under 

10 clause (i) shall require that any leave author11 ized to be taken after the one-year period de12 scribed in subparagraph (A) shall be taken 

13 within a reasonable period of time, as deter14 mined by the Secretary of Defense, after ces15 sation of the circumstances warranting the ex16 tended deadline.’’; 

17 (B) by striking paragraphs (3), (8), and 

18 (10) and redesignating paragraphs (4), (5), (6), 

19 (7), and (9) as paragraphs (3), (4), (5), (6), 

20 and (7), respectively; 

21 (C) in paragraph (3), as redesignated by 

22 subparagraph (B), by striking ‘‘a member may 

23 receive more than six weeks of medical con24 valescent leave in connection with the birth of 

25 a child, but only if the additional medical conVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
176 

•S 2792 RS

1 valescent leave’’ and inserting ‘‘a member who 

2 has given birth may take convalescent leave in 

3 conjunction with the birth of a child. Any med4 ical convalescent leave taken by a member that 

5 has given birth shall be used concurrently with 

6 the member’s 12-week parental leave entitle7 ment. Medical convalescent leave in excess of 

8 twelve weeks may be authorized if additional 

9 medical convalescent leave’’; 

10 (D) in paragraph (4), as so redesignated, 

11 by striking ‘‘paragraphs (1) and (4)’’ and in12 serting ‘‘paragraphs (1) and (3)’’; 

13 (E) in paragraph (5)(A), as so redesig14 nated, by inserting ‘‘, subject to the exceptions 

15 in paragraph (1)(B)(ii)’’ after ‘‘shall be for16 feited’’; and 

17 (F) in paragraph (7)(B), as so redesig18 nated, by striking ‘‘paragraph (4)’’ and insert19 ing ‘‘paragraph (3)’’; and 

20 (2) by striking subsection (j) and redesignating 

21 subsections (k) and (l) as subsections (j) and (k), re22 spectively. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall take effect one year after the date of 

25 the enactment of this Act. 


Pbinns on DSKJLVW7X2PROD with BILLS
177 

•S 2792 RS

1 (c) REGULATIONS.—Not later than one year after the 

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

3 shall prescribe regulations implementing the amendments 

4 made by subsection (a). 

5 SEC. 520A. BEREAVEMENT LEAVE FOR MEMBERS OF THE 

6 ARMED FORCES. 

7 (a) IN GENERAL.—Section 701 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(m)(1)(A) Under regulations prescribed by the Sec11 retary of Defense, a member of the armed forces described 

12 in subparagraph (B) is allowed up to two weeks of leave 

13 to be used in connection with the death of an immediate 

14 family member. 

15 ‘‘(B) Subparagraph (A) applies to the following mem16 bers: 

17 ‘‘(A) A member on active duty. 

18 ‘‘(B) A member of a reserve component per19 forming active Guard and Reserve duty. 

20 ‘‘(C) A member of a reserve component subject 

21 to an active duty recall or mobilization order in ex22 cess of 12 months. 

23 ‘‘(2) Under the regulations prescribed for purposes 

24 of this subsection, a member taking leave under paragraph 

25 (1) shall not have his or her leave account reduced as a 


Pbinns on DSKJLVW7X2PROD with BILLS
178 

•S 2792 RS

1 result of taking such leave if such member’s accrued leave 

2 is fewer than 30 days. Members with 30 or more days 

3 of accrued leave shall be charged for bereavement leave 

4 until such point that the member’s accrued leave is less 

5 than 30 days. Any remaining bereavement leave taken by 

6 such member in accordance with paragraph (1) after such 

7 point shall not be chargeable to the member. 

8 ‘‘(3) IMMEDIATE FAMILY MEMBER DEFINED.—In 

9 this section, the term ‘immediate family member’, with re10 spect to a member of the armed forces, means— 

11 ‘‘(A) the member’s spouse; or 

12 ‘‘(B) a child of the member.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect 180 days after the date 

15 of the enactment of this Act. 


Pbinns on DSKJLVW7X2PROD with BILLS
179 

•S 2792 RS

1 Subtitle C—Prevention and Re2 sponse to Sexual Assault, Har3 assment, and Related Mis4 conduct, and Other Military 

5 Justice Matters 

6 SEC. 521. DOD SAFE HELPLINE AUTHORIZATION TO PER7 FORM INTAKE OF OFFICIAL RESTRICTED 

8 AND UNRESTRICTED REPORTS FOR ELIGIBLE 

9 ADULT SEXUAL ASSAULT VICTIMS. 

10 Section 584 of the National Defense Authorization 

11 Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 

12 1561 note) is amended— 

13 (1) by redesignating subsection (d) as sub14 section (e); and 

15 (2) by inserting after subsection (c) the fol16 lowing new subsection: 

17 ‘‘(d) AUTHORIZATIONS FOR DOD SAFE HELPLINE.— 

18 ‘‘(1) PROVIDING SUPPORT AND RECEIVING OF19 FICIAL REPORTS.—DoD Safe Helpline (or any suc20 cessor service to DoD Safe Helpline, if any, as iden21 tified by the Secretary of Defense) is authorized to 

22 provide crisis intervention and support and to per23 form the intake of official reports of sexual assault 

24 from eligible adult sexual assault victims who conVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
180 

•S 2792 RS

1 tact the DoD Safe Helpline or other reports as di2 rected by the Secretary of Defense. 

3 ‘‘(2) TRAINING AND OVERSIGHT.—DoD Safe 

4 Helpline staff shall have specialized training and ap5 propriate certification to support eligible adult sex6 ual assault victims. 

7 ‘‘(3) ELIGIBILITY AND PROCEDURES.—The Sec8 retary of Defense shall prescribe regulations regard9 ing eligibility for DoD Safe Helpline services, proce10 dures for providing crisis intervention and support, 

11 and accepting reports. 

12 ‘‘(4) ELECTRONIC RECEIPT OF OFFICIAL RE13 PORTS OF ADULT SEXUAL ASSAULTS.—DoD Safe 

14 Helpline shall provide the ability to receive reports 

15 of adult sexual assaults through the DoD Safe 

16 Helpline website and mobile phone applications, in a 

17 secure manner consistent with appropriate protec18 tion of victim privacy, and may offer other methods 

19 of receiving electronic submission of adult sexual as20 sault reports, as appropriate, in a manner that ap21 propriately protects victim privacy. 

22 ‘‘(5) TYPES OF REPORTS.—Reports of sexual 

23 assault from eligible adult sexual assault victims re24 ceived by DoD Safe Helpline (or a successor as de25 termined by the Secretary of Defense) shall include 


Pbinns on DSKJLVW7X2PROD with BILLS
181 

•S 2792 RS

1 unrestricted and restricted reports, or other reports 

2 as directed by the Secretary of Defense. 

3 ‘‘(6) OPTION FOR ENTRY INTO THE CATCH A

4 SERIAL OFFENDER SYSTEM.—An individual making 

5 a restricted report (or a relevant successor type of 

6 report or other type of appropriate report, as deter7 mined by the Secretary of Defense) to the DoD Safe 

8 Helpline (or a successor as determined by the Sec9 retary of Defense) shall have the option to submit 

10 information related to their report to the CATCH A 

11 SERIAL OFFENDER system (or its successor or 

12 similar system as determined by the Secretary of 

13 Defense).’’. 

14 SEC. 522. ASSESSMENT OF RELATIONSHIP BETWEEN COM15 MAND CLIMATE AND THE PREVENTION AND 

16 ADJUDICATION OF MILITARY SEXUAL MIS17 CONDUCT. 

18 (a) ASSESSMENT REQUIRED.—The Secretary of De19 fense shall require the Secretaries of the military depart20 ments to conduct not fewer than six independent reviews 

21 at military installations under the control of the Secretary 

22 concerned to assess the command climate at such military 

23 installations, to include a review of those installations’ pro24 grams to prevent and respond to sexual assault and sexual 


Pbinns on DSKJLVW7X2PROD with BILLS
182 

•S 2792 RS

1 harassment, organizational climate, gender discrimination, 

2 and support of survivors. 

3 (b) LOCATIONS.—The assessments conducted under 

4 subsection (a) shall be conducted at— 

5 (1) not fewer than three installations, including 

6 at least one Navy ship, with the highest risk of sex7 ual assault, as defined by the Secretary of Defense; 

8 and 

9 (2) not fewer than three installations, including 

10 at least one Navy ship, with the lowest risk of sexual 

11 assault, as defined by the Secretary of Defense. 

12 (c) PARAMETERS.— 

13 (1) INDEPENDENCE.—The assessments con14 ducted under this section may be comprised of civil15 ian and military personnel, include the membership 

16 of, and input from, the Office of the Department of 

17 Defense Inspector General, and include individuals 

18 possessing the appropriate level of experience to con19 duct assessments of command climate. The members 

20 conducting an assessment of a particular military in21 stallation shall be independent from the military 

22 service assessed, the chain of command involved, and 

23 the installation that is the focus of the review. 

24 (2) DATA SURVEYED.—The assessment shall le25 verage command climate surveys, interviews, focus 


Pbinns on DSKJLVW7X2PROD with BILLS
183 

•S 2792 RS

1 groups, independent research and materials, media 

2 reports, and other means as determined by the Sec3 retary of Defense. 

4 (d) USE OF RESULTS.—The results of the assess5 ment shall be used to inform best practices in supporting 

6 a climate that supports prevention programs and survivors 

7 at military installations. The best practices shall be shared 

8 throughout the Department of Defense, including with the 

9 installations included in the assessment, and in a publicly 

10 available report. 

11 (e) COMPLETION AND REPORTING.—The assessment 

12 under this section shall be completed not later than 18 

13 months after the date of the enactment of this Act. Not 

14 later than 30 days after the assessment is completed, the 

15 Secretary of Defense shall submit a report with findings 

16 to the Committee on Armed Services of the Senate and 

17 the Committee on Armed Services of the House of Rep18 resentatives. 

19 SEC. 523. POLICY FOR ENSURING THE ANNUAL REPORT RE20 GARDING SEXUAL ASSAULTS INVOLVING 

21 MEMBERS OF THE ARMED FORCES INCLUDES 

22 INFORMATION ON RACE AND ETHNICITY OF 

23 VICTIMS. 

24 The Secretary of Defense shall prescribe policy re25 quiring information on the race and ethnicity of victims 


Pbinns on DSKJLVW7X2PROD with BILLS
184 

•S 2792 RS

1 and accused individuals to be included to the maximum 

2 extent practicable in the annual report required under sec3 tion 1631 of the Ike Skelton National Defense Authoriza4 tion Act for Fiscal Year 2011 (Public Law 111–383; 10 

5 U.S.C. 1561 note). The policy may provide for the exclu6 sion of such information based on privacy concerns, im7 pacts on accountability efforts, or other matters of impor8 tance as determined and identified in such policy by the 

9 Secretary. 

10 SEC. 524. DEPARTMENT OF DEFENSE TRACKING OF ALLE11 GATIONS OF RETALIATION BY VICTIMS OF 

12 SEXUAL ASSAULT OR SEXUAL HARASSMENT 

13 AND RELATED PERSONS. 

14 (a) IN GENERAL.—Chapter 80 of title 10, United 

15 States Code, is amended by inserting after section 1562 

16 the following new section: 

17 ‘‘§ 1562a. Complaints of retaliation by victims of sex18 ual assault or sexual harassment and re19 lated persons: tracking by Department of 

20 Defense 

21 ‘‘(a) DESIGNATION OF RESPONSIBLE COMPONENT.— 

22 The Secretary of Defense shall designate a component of 

23 the Office of the Secretary of Defense to be responsible 

24 for documenting and tracking all covered allegations of re25 taliation and shall ensure that the Secretaries concerned 


Pbinns on DSKJLVW7X2PROD with BILLS
185 

•S 2792 RS

1 and the Inspector General of the Department of Defense 

2 provide to such component the information required to be 

3 documented and tracked as described in subsection (b). 

4 ‘‘(b) TRACKING OF ALLEGATIONS.—The head of the 

5 component designated by the Secretary under subsection 

6 (a) shall document and track each covered allegation of 

7 retaliation, including— 

8 ‘‘(1) that such an allegation has been reported 

9 and by whom; 

10 ‘‘(2) the date of the report; 

11 ‘‘(3) the nature of the allegation and the name 

12 of the person or persons alleged to have engaged in 

13 such retaliation; 

14 ‘‘(4) the Department of Defense component or 

15 other entity responsible for the investigation of or 

16 inquiry into the allegation; 

17 ‘‘(5) the entry of findings; 

18 ‘‘(6) referral of such findings to a decision19 maker for review and action, as appropriate; 

20 ‘‘(7) the outcome of final action; and 

21 ‘‘(8) any other element of information per22 taining to the allegation determined appropriate by 

23 the Secretary or the head of the component des24 ignated by the Secretary. 


Pbinns on DSKJLVW7X2PROD with BILLS
186 

•S 2792 RS

1 ‘‘(c) COVERED ALLEGATION OF RETALIATION DE2 FINED.—In this section, the term ‘covered allegation of 

3 retaliation’ means an allegation of retaliation— 

4 ‘‘(1) made by— 

5 ‘‘(A) an alleged victim of sexual assault or 

6 sexual harassment; 

7 ‘‘(B) an individual charged with providing 

8 services or support to an alleged victim of sex9 ual assault or sexual harassment; 

10 ‘‘(C) a witness or bystander to an alleged 

11 sexual assault or sexual harassment; or 

12 ‘‘(D) any other person associated with an 

13 alleged victim of a sexual assault or sexual har14 assment; and 

15 ‘‘(2) without regard to whether the allegation is 

16 reported to or investigated or inquired into by— 

17 ‘‘(A) the Department of Defense Inspector 

18 General or any other inspector general; 

19 ‘‘(B) a military criminal investigative orga20 nization; 

21 ‘‘(C) a commander or other person at the 

22 direction of the commander; 

23 ‘‘(D) another military or civilian law en24 forcement organization; or 


Pbinns on DSKJLVW7X2PROD with BILLS
187 

•S 2792 RS

1 ‘‘(E) any other organization, officer, or 

2 employee of the Department of Defense.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 80 of title 10, United States 

5 Code, is amended by inserting after the item relating to 

6 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.’’. 

7 SEC. 525. SPECIAL VICTIM’S COUNSEL REPRESENTATION 

8 OF CIVILIAN VICTIMS OF SEX-RELATED OF9 FENSES. 

10 Section 1044e(a)(2) of title 10, United States Code, 

11 is amended by adding at the end the following new sub12 paragraph: 

13 ‘‘(D) A civilian who is a victim of an alleged 

14 sex-related offense, if the alleged perpetrator was 

15 subject to the jurisdiction of the Uniform Code of 

16 Military Justice at the time of the offense.’’. 

17 SEC. 526. NOTICE TO VICTIMS OF FURTHER ADMINISTRA18 TIVE ACTION FOLLOWING A DETERMINATION 

19 NOT TO REFER TO TRIAL BY COURT-MAR20 TIAL. 

21 Section 549 of the National Defense Authorization 

22 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 

23 806b note) is amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
188 

•S 2792 RS

1 (1) by striking ‘‘Under regulations’’ and insert2 ing ‘‘Notwithstanding section 552a of title 5, United 

3 States Code (commonly referred to as the ‘Privacy 

4 Act’ or the ‘Privacy Act of 1974’) and under regula5 tions’’; 

6 (2) by striking ‘‘alleged sexual assault’’ and in7 serting ‘‘an alleged sex-related offense’’; and 

8 (3) by adding at the end the following new sen9 tence: ‘‘Upon such final determination, the com10 mander shall notify the victim of the type of action 

11 taken on such case, the outcome of the action (in12 cluding any punishments assigned or characteriza13 tion of service, as applicable), and such other infor14 mation as the commander determines to be rel15 evant.’’. 

16 SEC. 527. RECOMMENDATIONS ON SEPARATE PUNITIVE AR17 TICLE IN THE UNIFORM CODE OF MILITARY 

18 JUSTICE ON VIOLENT EXTREMISM. 

19 Not later than 180 days after the date of the enact20 ment of this Act, the Secretary of Defense shall submit 

21 to the Committees on Armed Services of the Senate and 

22 the House of Representatives a report containing such rec23 ommendations as the Secretary considers appropriate with 

24 respect to the establishment of a separate punitive article 


Pbinns on DSKJLVW7X2PROD with BILLS
189 

•S 2792 RS

1 in chapter 47 of title 10, United States Code (the Uniform 

2 Code of Military Justice), on violent extremism. 

3 SEC. 528. DETERMINATION AND REPORTING OF MISSING, 

4 ABSENT UNKNOWN, ABSENT WITHOUT 

5 LEAVE, AND DUTY STATUS-WHEREABOUTS 

6 UNKNOWN SERVICE MEMBERS. 

7 (a) COMPREHENSIVE REVIEW OF MISSING PERSONS

8 REPORTING.—The Secretary of Defense shall instruct the 

9 Secretary of each military department to undertake a com10 prehensive review of the department’s policies and proce11 dures for determining and reporting service members as 

12 missing, absent unknown, absent without leave, or duty 

13 status-whereabouts unknown. 

14 (b) REVIEW OF INSTALLATION-LEVEL PROCE15 DURES.—In addition to such other requirements as may 

16 be set forth by the Secretary of Defense pursuant to sub17 section (a), the Secretary of each military department 

18 shall with regard to the department concerned— 

19 (1) direct each military installation, including 

20 any tenant command or activity present on such in21 stallation, to review its policies and procedures for 

22 carrying out the determination and reporting activi23 ties described under subsection (a); and 

24 (2) update such installation-level policies and 

25 procedures, including any tenant command or activVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
190 

•S 2792 RS

1 ity policies and procedures, with a view towards 

2 force protection, enhanced security for service mem3 bers living on the military installation, and 

4 prioritizing reporting at the earliest practicable time 

5 to local law enforcement at all levels, and Federal 

6 law enforcement field offices with overlapping juris7 diction with that installation, when a service member 

8 is determined to be missing, absent unknown, absent 

9 without leave, or duty status-whereabouts unknown. 

10 (c) INSTALLATION-SPECIFIC REPORTING PROTO11 COLS.— 

12 (1) IN GENERAL.—The commander of each 

13 military installation shall establish a protocol appli14 cable to all persons and organizations present on the 

15 installation, including tenant commands and activi16 ties, for sharing information with local and Federal 

17 law enforcement agencies about service members 

18 who are missing, absent-unknown, absent without 

19 leave, or duty status-whereabouts unknown. The 

20 protocol shall provide for the an immediate entry re21 garding the service member concerned in the Miss22 ing Persons File of the National Crimes Information 

23 Center data and for the commander to immediately 

24 notify all local law enforcement agencies with juris25 dictions in the immediate area of the military instalVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
191 

•S 2792 RS

1 lation, when the status of a service member assigned 

2 to such installation has been determined to be miss3 ing, absent unknown, absent without leave, or duty 

4 status-whereabouts unknown. 

5 (2) REPORTING TO MILITARY INSTALLATION

6 COMMAND.—The commander of each military instal7 lation shall submit the protocol established pursuant 

8 to paragraph (1) to the Secretary of the military de9 partment concerned. 

10 SEC. 529. CONDUCT UNBECOMING AN OFFICER. 

11 (a) IN GENERAL.—Section 933 of title 10, United 

12 States Code (article 133 of the Uniform Code of Military 

13 Justice) is amended— 

14 (1) in the section heading, by striking ‘‘and a 

15 gentleman’’; and 

16 (2) by striking ‘‘and a gentleman’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of subchapter X of chapter 47 of such 

19 title is amended in the item relating to section 933 (article 

20 133) by striking ‘‘and a gentleman’’. 

21 SEC. 530. ANALYSIS OF THE USE OF NON-JUDICIAL PUNISH22 MENT. 

23 (a) IN GENERAL.—The Secretary of Defense shall 

24 conduct statistical analysis of information on punishments 


Pbinns on DSKJLVW7X2PROD with BILLS
192 

•S 2792 RS

1 imposed under section 815 of title 10, United States Code 

2 (article 15 of the Uniform Code of Military Justice). 

3 (b) SCOPE.—The information analyzed under sub4 section (a) shall include the following: 

5 (1) The race, ethnicity, gender, rank, and grade 

6 of— 

7 (A) members of the armed forces punished 

8 under section 815 of title 10, United States 

9 Code (article 15 of the Uniform Code of Mili10 tary Justice); 

11 (B) commanders who imposed such pun12 ishment; and 

13 (C) victims of the conduct for which such 

14 punishment was imposed. 

15 (2) For punishments imposed under such sec16 tion (article), the Secretary shall— 

17 (A) analyze the offenses under this chapter 

18 for which punishment was imposed; and 

19 (B) analyze investigations conducted before 

20 the imposition of punishment. 

21 SEC. 530A. SEXUAL ASSAULT RESPONSE COORDINATOR 

22 MILITARY OCCUPATIONAL SPECIALTY. 

23 (a) IN GENERAL.—Not later than 180 days after the 

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

25 shall submit to the congressional defense committees a reVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
193 

•S 2792 RS

1 port on the optimal execution of a Sexual Assault Re2 sponse Coordinator (SARC) Military Occupational Spe3 cialty (MOS). 

4 (b) ELEMENTS.—The report required under sub5 section (a) shall include the following elements: 

6 (1) A recommendation on the required rank 

7 and experience of a SARC MOS. 

8 (2) Recommendations for strengthening recruit9 ment and retention of members of the Armed Forces 

10 of the required rank and experience identified under 

11 paragraph (1), including— 

12 (A) designating SARC as a secondary 

13 MOS instead of a primary MOS; 

14 (B) providing initial or recurrent bonuses 

15 or duty stations of choice to service members 

16 who qualify for the SARC MOS; 

17 (C) limiting the amount of time that a 

18 service member who has qualified for the SARC 

19 MOS can serve as a SARC in a given period of 

20 time; or 

21 (D) requiring evaluations for service mem22 bers who have qualified for the SARC MOS and 

23 are serving as a SARC to be completed by an 

24 officer of the rank of O–6 or higher. 


Pbinns on DSKJLVW7X2PROD with BILLS
194 

•S 2792 RS

1 (3) Recommendations for standardizing train2 ing and education for service members seeking a 

3 SARC MOS or serving as a SARC, including by in4 stitutionalizing relevant academies for each of the 

5 services. 

6 (4) An analysis of the impact of a SARC MOS 

7 on the talent management of the existing SARC pro8 gram, including recruitment and retention. 

9 (5) An analysis of the requirements for a 

10 SARC-specific chain of command. 

11 (6) A plan to execute a SARC MOS within two 

12 years. 

13 (7) Analysis of the cost of a SARC MOS pro14 gram. 

15 (8) Any other matter the Secretary of Defense 

16 considers relevant for inclusion. 

17 (c) BRIEFING.—Not later than 180 days after the 

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

19 shall provide the congressional defense committees a brief20 ing on the report required under subsection (a). 

21 SEC. 530B. IMPLEMENTATION OF RECOMMENDATIONS OF 

22 THE INDEPENDENT REVIEW COMMISSION ON 

23 SEXUAL ASSAULT IN THE MILITARY. 

24 (a) IRC REPORT DEFINED.—In this section, the 

25 term ‘‘IRC report’’ means the 2021 report entitled, ‘‘Hard 


Pbinns on DSKJLVW7X2PROD with BILLS
195 

•S 2792 RS

1 Truths and the Duty to Change: Recommendations from 

2 the Independent Review Commission on Sexual Assault in 

3 the Military’’. 

4 (b) LINE OF EFFORT 2.—The Secretary of Defense 

5 shall implement the following recommendations included 

6 in Line of Effort 2: Prevention of section III of the IRC 

7 report: 

8 (1) 2.1 Equip all leaders with prevention com9 petencies and evaluate their performance. 

10 (A) 2.1 a The Under Secretary of Defense 

11 for Personnel and Readiness (USD(P&R)) 

12 should define the competencies leaders must 

13 have to oversee prevention. 

14 (B) 2.1 b The Services and the National 

15 Guard Bureau (NGB) should develop and hold 

16 leaders appropriately accountable for preven17 tion. 

18 (C) 2.1 c The Services and the NGB 

19 should equip all leaders to develop and deliver 

20 informed prevention messages in formal and in21 formal settings. 

22 (2) 2.2 Establish a dedicated primary preven23 tion workforce 


Pbinns on DSKJLVW7X2PROD with BILLS
196 

•S 2792 RS

1 (A) 2.2 a USD(P&R) should develop a 

2 model for a dedicated and capable prevention 

3 workforce. 

4 (B) 2.2 b USD(P&R) should develop a 

5 professional credential for the prevention work6 force. 

7 (C) 2.2 c The Services should determine 

8 the optimum full-time prevention workforce, 

9 and equip all echelons of active duty, reserve, 

10 and guard organizations. 

11 (3) 2.3 Implement community-level prevention 

12 strategies unique to Service members’ environments. 

13 (A) 2.3 a The Services and the NGB 

14 should resource and implement prevention 

15 strategies at organizational and community lev16 els. 

17 (B) 2.3 b USD(P&R) should identify a 

18 non-clinical OSD-level Office of Primary Re19 sponsibility for alcohol policy and develop rel20 evant policy guidance and oversight. 

21 (4) 2.4 Modernize prevention education and 

22 skill-building to reflect today’s generation of Service 

23 members. 


Pbinns on DSKJLVW7X2PROD with BILLS
197 

•S 2792 RS

1 (5) 2.5 Identify and actively support Service 

2 members with the most effective prevention interven3 tions. 

4 (A) 2.5 a The Services and the NGB 

5 should institute a pilot program to link Service 

6 members with resources and support. 

7 (B) 2.5 b The Services and the NGB 

8 should employ virtual platforms to provide sup9 port to all Service members. 

10 (6) 2.6 Create a state-of-the-art DoD preven11 tion research capability. 

12 (A) 2.6 a DoD should establish a dedicated 

13 research center for the primary prevention of 

14 interpersonal and self-directed violence. 

15 (B) 2.6 b USD(P&R), the Services, and 

16 the NGB should continually review and update 

17 all policies that unnecessarily restrict data col18 lection on important populations of Service 

19 members. 

20 (C) 2.6 c The Secretary of Defense should 

21 immediately authorize operational testing of the 

22 Air Force Compatibility Assessment with a 

23 cross-Service pre-accession sample, allowing for 

24 important research and intervention develop25 ment. 


Pbinns on DSKJLVW7X2PROD with BILLS
198 

•S 2792 RS

1 (D) 2.6 d The USD(P&R) should commis2 sion research on gender and masculinities to de3 velop effective social marketing strategies to fa4 cilitate primary prevention efforts. 

5 (7) 2.7 Establish a comprehensive National 

6 Guard primary prevention strategy. 

7 (A) 2.7 a The NGB should develop Army 

8 National and Air National Guard prevention 

9 strategies aligned with DoD’s Prevention Plan 

10 of Action, based on the National Guard’s 

11 unique construct and missions. 

12 (B) 2.7 b USD(P&R) should submit a leg13 islative proposal providing authorization and 

14 funding for the NGB to conduct recurring Na15 tional Guard unit inspections and staff assist16 ance visits for prevention oversight and assist17 ance. 

18 (8) 2.8 USD(P&R) should update the Depart19 ment’s prevention strategy, including the DoD Pre20 vention Plan of Action, to incorporate approved IRC 

21 recommendations. 

22 (c) LINE OF EFFORT 3.—The Secretary of Defense 

23 shall implement the following recommendations included 

24 in Line of Effort 3: Climate and Culture of section III 

25 of the IRC report: 


Pbinns on DSKJLVW7X2PROD with BILLS
199 

•S 2792 RS

1 (1) 3.1 USD(P&R) should codify in policy and 

2 direct the development and implementation of 

3 metrics related to sexual harassment and sexual as4 sault as part of readiness tracking and reporting. 

5 (2) 3.2 USD(P&R) should direct the Services to 

6 educate the force about sexual harassment and sex7 ual assault within the context of the Services’ core 

8 values. 

9 (3) 3.3 DoD must execute on the principle that 

10 addressing sexual harassment and sexual assault in 

11 the 21st century requires engaging with the cyber 

12 domain. 

13 (A) 3.3 a Collect data to measure the 

14 problem of cyberharassment (and related 

15 harms). 

16 (B) 3.3 b Educate leaders on 

17 cyberharassment and technology-facilitated sex18 ual harassment and sexual assault. 

19 (C) 3.3 c Hold Service members appro20 priately accountable who engage in 

21 cyberharassment and other forms of technology22 facilitated sexual harassment and sexual as23 sault. 

24 (4) 3.4 DoD should ensure that there is an in25 ternal focus on preventing sexual harm and genderVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
200 

•S 2792 RS

1 based violence across the force in implementing the 

2 2017 National Women, Peace, and Security (WPS) 

3 Act. 

4 (A) 3.4 a Elevate and standardize the gen5 der advisor workforce. 

6 (B) 3.4 b Use qualitative data as part of 

7 indicators for Defense Objective One of the 

8 WPS Strategic Framework. 

9 (C) 3.4 c Integrate a gender analysis into 

10 the military’s planning & operational frame11 works. 

12 (D) 3.4 d Review and revise Professional 

13 Military Education (PME) and DoD school14 house curricula to mainstream WPS priorities. 

15 (E) 3.4 e Congress should support DoD’s 

16 inclusion of Personnel & Readiness in WPS im17 plementation and codify in legislation. 

18 (5) 3.5 Use qualitative data to select, develop, 

19 and evaluate the right leaders for command posi20 tions. 

21 (A) 3.5 a Use qualitative data to select 

22 and develop the right leaders. 

23 (B) 3.5 b Include a meaningful narrative 

24 section in performance evaluations for officers 

25 and NCOs. 


Pbinns on DSKJLVW7X2PROD with BILLS
201 

•S 2792 RS

1 (6) 3.6 Building a climate for the reduction of 

2 sexual harassment and sexual assault as a funda3 mental leader development requirement. 

4 (7) 3.7 USD(P&R) should undertake a series of 

5 enhancements to the climate survey process to en6 sure that timely, actionable data can be used to im7 prove unit climate on sexual harassment and assault. 

8 (A) 3.7 a USD(P&R) should develop a 

9 standardized ‘‘pulse survey’’ tool that would en10 able unit-level commanders to collect real-time 

11 climate data on sexual harassment and sexual 

12 assault from Service members in their units be13 tween required administrations of the Defense 

14 Organizational Climate Survey (DEOCS). 

15 (B) 3.7 b The Secretary of Defense should 

16 direct the Services to develop a formal system 

17 to share climate survey data at the unit level 

18 and initiate and evaluate corrective action 

19 plans. 

20 (C) 3.7 c USD(P&R) should accelerate ef21 forts to develop a validated ‘‘Climate Bench22 mark’’ to measure healthy and unhealthy cli23 mate at the unit level. 

24 (D) 3.7 d The Secretary of Defense should 

25 assess whether current DoD policies, relevant 


Pbinns on DSKJLVW7X2PROD with BILLS
202 

•S 2792 RS

1 components, and the Service-level Equal Oppor2 tunity workforce have the capacity to help com3 manders resolve climate issues. 

4 (8) 3.8 The Services should publish the nature 

5 and results of all disciplinary actions related to sex6 ual misconduct and disseminate this information to 

7 troops periodically. 

8 (d) LINE OF EFFORT 4.—The Secretary of Defense 

9 shall implement the following recommendations included 

10 in Line of Effort 4: Victim Care and Support of section 

11 III of the IRC report: 

12 (1) 4.1 Optimize the victim care and support 

13 workforce. 

14 (A) 4.1 a Move SARCs and SAPR VAs 

15 from the command reporting structure. 

16 (B) 4.1 b Eliminate collateral duty for 

17 SARCs and SAPR VAs, with exceptions for 

18 ships, submarines, and isolated installations. 

19 (C) 4.1 c Explore the co-location of SAPR 

20 and SHARP with other special victim services, 

21 such as FAP, to improve coordination, collabo22 ration, and consistency in victim support. 

23 (D) 4.1 d Train Independent Duty Corps24 men to be Sexual Assault Medical Forensic Ex25 aminers so patient care and evidence collection 


Pbinns on DSKJLVW7X2PROD with BILLS
203 

•S 2792 RS

1 can be provided in deployed and isolated envi2 ronments. 

3 (2) 4.2 Expand victim service options to meet 

4 the needs of all survivors of sexual assault and sex5 ual harassment. 

6 (A) 4.2 a Increase access to and visibility 

7 of civilian community-based care. 

8 (B) 4.2 b Authorize Service members to 

9 access the full spectrum of VA services for con10 ditions related to military sexual assault and 

11 sexual harassment confidentially, and without a 

12 referral. 

13 (C) 4.2 c Expand access to CATCH to in14 clude victims of sexual harassment and enable 

15 Service members to self-service access to 

16 CATCH. 

17 (D) 4.2 d Create survivor-led peer support 

18 programs that allow for in-person, virtual, and 

19 telephone interaction. 

20 (E) 4.2 e Amplify victims’ rights and serv21 ices in the post-trial period. 

22 (3) 4.3 Center the survivor to facilitate healing 

23 and restoration. 

24 (A) 4.3 a Implement the No Wrong Door 

25 approach to sexual harassment, sexual assault, 


Pbinns on DSKJLVW7X2PROD with BILLS
204 

•S 2792 RS

1 and domestic abuse across the Services and 

2 NGB. 

3 (B) 4.3 b Institute a ‘‘Commander’s Pack4 age’’ from the SAPR VA with recommendations 

5 for victim care and support. 

6 (C) 4.3 c Allow survivors flexibility to take 

7 non-chargeable time off for seeking services or 

8 time for recovery from sexual assault. 

9 (D) 4.3 d Increase victim agency and con10 trol of the response process by: maximizing ad11 herence to survivor preference on reporting sta12 tus, and centering survivor preferences in expe13 dited transfers. 

14 (E) 4.3 e Study the methods our allies 

15 have used to make amends to survivors, includ16 ing restorative engagement to acknowledge 

17 harm, and potential victim compensation. 

18 (4) 4.4 Re-envision training and research to im19 prove victim care and support. 

20 (A) 4.4 a Establish a Defense Sexual As21 sault and Sexual Harassment Center of Excel22 lence that administers a core curriculum of 

23 trauma and response trainings for all SAPR 

24 VAs and SARCs, chaplains, and other response 

25 personnel. 


Pbinns on DSKJLVW7X2PROD with BILLS
205 

•S 2792 RS

1 (B) 4.4 b Develop training to build the ca2 pacity of SARCs and SAPR VAs to provide cul3 turally competent care to Service members from 

4 communities of color, LGBTQ+ Service mem5 bers, religious minorities, and men. 

6 (C) 4.4 c Revise and update training mod7 ules on appropriate response to sexual assault 

8 and sexual harassment in PME for officers and 

9 NCOs. 

10 (D) 4.4 d Use an action research model to 

11 identify root problems, test interventions, and 

12 create best practices with survivors’ input. 

13 Subtitle D—Military Justice Re14 form and Sexual Assault Pre15 vention 

16 PART I—MILITARY JUSTICE MATTERS 

17 SEC. 531. SPECIAL VICTIM PROSECUTORS. 

18 (a) IN GENERAL.—Subchapter V of chapter 47 of 

19 title 10, United States Code, is amended by inserting after 

20 section 824 (article 24 of the Uniform Code of Military 

21 Justice) the following new section: 

22 ‘‘§ 824a. Art 24a. Special victim prosecutors 

23 ‘‘(a) DETAIL OF SPECIAL VICTIM PROSECUTORS AND

24 ASSISTANT SPECIAL VICTIM PROSECUTORS.—Each Sec25 retary concerned shall detail commissioned officers to 


Pbinns on DSKJLVW7X2PROD with BILLS
206 

•S 2792 RS

1 serve as special victim prosecutors and assistant special 

2 victim prosecutors. 

3 ‘‘(b) QUALIFICATIONS.—A special victim prosecutor 

4 or assistant special victim prosecutor shall be a commis5 sioned officer who— 

6 ‘‘(1) is a member of the bar of a Federal court 

7 or a member of the bar of the highest court of a 

8 State; and 

9 ‘‘(2) is certified to be qualified, by reason of 

10 education, training, experience, and temperament, 

11 for duty as a special victim prosecutor or assistant 

12 special victim prosecutor by the Judge Advocate 

13 General of the armed force of which the officer is a 

14 member. 

15 ‘‘(c) DUTIES AND AUTHORITIES.— 

16 ‘‘(1) IN GENERAL.—Special victim prosecutors 

17 and assistant special victim prosecutors shall carry 

18 out the duties described in this chapter (the Uniform 

19 Code of Military Justice) and any other duties pre20 scribed by the Secretary of Defense, in consultation 

21 with the Secretary of Homeland Security (with re22 spect to the Coast Guard when it is not operating 

23 as a service in the Navy), by regulation. 

24 ‘‘(2) DETERMINATION OF SPECIAL VICTIM OF25 FENSE; RELATED CHARGES.— 


Pbinns on DSKJLVW7X2PROD with BILLS
207 

•S 2792 RS

1 ‘‘(A) AUTHORITY.—A special victim pros2 ecutor shall have exclusive authority to deter3 mine if a reported offense is a special victim of4 fense and shall exercise authority over any such 

5 offense in accordance with this chapter (the 

6 Uniform Code of Military Justice). 

7 ‘‘(B) RELATED OFFENSES.—If a special 

8 victim prosecutor determines that a reported of9 fense is a special victim offense, the special vic10 tim prosecutor may also exercise authority over 

11 any offense that the special victim prosecutor 

12 determines to be related to the special victim 

13 offense and any other offense alleged to have 

14 been committed by a person alleged to have 

15 committed the special victim offense. 

16 ‘‘(3) DISMISSAL; REFERRAL; PLEA BARGAINS.— 

17 Subject to paragraph (4), with respect to charges 

18 and specifications alleging any offense over which a 

19 special victim prosecutor exercises authority, a spe20 cial victim prosecutor shall have exclusive authority 

21 to, in accordance with this chapter (the Uniform 

22 Code of Military Justice)— 

23 ‘‘(A) on behalf of the Government, dismiss 

24 the charges and specifications or make a motion 

25 to dismiss the charges and specifications; 


Pbinns on DSKJLVW7X2PROD with BILLS
208 

•S 2792 RS

1 ‘‘(B) refer the charges and specifications 

2 for trial by a special or general court-martial; 

3 ‘‘(C) enter into a plea agreement; and 

4 ‘‘(D) determine if an ordered rehearing is 

5 impracticable. 

6 ‘‘(4) DEFERRAL TO CONVENING AUTHORITY.— 

7 If a special victim prosecutor exercises authority 

8 over an offense and elects not to prefer charges and 

9 specifications for such offense or, with respect to 

10 charges and specifications for such offense preferred 

11 by a person other than a special victim prosecutor, 

12 elects not to refer such charges and specifications, a 

13 convening authority may exercise any of the authori14 ties of the convening authority under this chapter 

15 (the Uniform Code of Military Justice) with respect 

16 to such offense, except that the convening authority 

17 may not refer charges and specifications for a spe18 cial victim offense for trial by special or general 

19 court-martial.’’. 

20 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

21 sections at the beginning of subchapter V of chapter 47 

22 of title 10, United States Code (the Uniform Code of Mili23 tary Justice), is amended by inserting after the item relat24 ing to section 824 (article 24) the following new item: 

‘‘824a. Art 24a. Special victim prosecutors.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
209 

•S 2792 RS

1 SEC. 532. POLICIES WITH RESPECT TO SPECIAL VICTIM 

2 PROSECUTORS. 

3 (a) IN GENERAL.—Chapter 53 of title 10, United 

4 States Code, is amended by inserting after section 1044e 

5 the following new section: 

6 ‘‘§ 1044f. Policies with respect to special victim pros7 ecutors 

8 ‘‘(a) POLICIES REQUIRED.—The Secretary of De9 fense shall establish policies with respect to the appro10 priate mechanisms and procedures that the Secretaries of 

11 the military departments shall establish and carry out re12 lating to the activities of special victim prosecutors, includ13 ing expected milestones for the Secretaries to fully imple14 ment such mechanisms and procedures. The policies shall 

15 include the following: 

16 ‘‘(1) Provide for the establishment of a dedi17 cated office in the Secretariat of each military de18 partment from which office the activities of the spe19 cial victim prosecutors of the military services con20 cerned shall be supervised and overseen. 

21 ‘‘(2) Direct each Secretary of a military depart22 ment to appoint one lead special victim prosecutor 

23 for each military service under the authority, direc24 tion, and control of the Secretary concerned, which 

25 lead special prosecutor shall be a judge advocate of 

26 that service in a grade no lower than O–6, with sigVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
210 

•S 2792 RS

1 nificant experience in military justice, who shall be 

2 responsible for the overall supervision and oversight 

3 of the activities of the special victim prosecutors of 

4 that service. 

5 ‘‘(3) Direct each Secretary of a military depart6 ment to designate one of the lead special victim 

7 prosecutors appointed pursuant to paragraph (2) to 

8 lead the office required to be established pursuant to 

9 paragraph (1). 

10 ‘‘(4) Ensure that the office created pursuant to 

11 paragraph (1), the lead special victim prosecutors 

12 and other personnel assigned or detailed to the of13 fice, and the special victim prosecutors of the mili14 tary services concerned— 

15 ‘‘(A) are independent of the military chains 

16 of command of both the victims and those ac17 cused of special victim offenses and any other 

18 offenses over which a special victim prosecutor 

19 at any time exercises authority in accordance 

20 with section 824a of this title (article 24a of 

21 the Uniform Code of Military Justice); and 

22 ‘‘(B) conduct assigned activities free from 

23 unlawful or unauthorized influence or coercion. 

24 ‘‘(5) Provide that special victim prosecutors and 

25 assistant special victim prosecutors shall be wellVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
211 

•S 2792 RS

1 trained, experienced, highly skilled, and competent 

2 in handling special victim cases. 

3 ‘‘(6) Provide that commanders of the victim 

4 and the accused in a special victim case shall have 

5 the opportunity to provide their candid input to the 

6 special victim prosecutor regarding case disposition, 

7 but that the input is not binding on the special vic8 tim prosecutor. 

9 ‘‘(b) UNIFORMITY.—The Secretary of Defense shall 

10 ensure that any lack of uniformity in the implementation 

11 of policies, mechanisms, and procedures established under 

12 subsection (a) does not render unconstitutional any such 

13 policy, mechanism, or procedure. 

14 ‘‘(c) REPORT.—Not later than 270 days after the 

15 date of the enactment of this section, the Secretary of De16 fense shall submit to the Committee on Armed Services 

17 of the Senate and the Committee on Armed Services of 

18 the House of Representatives a report setting forth the 

19 policies proposed to be established pursuant to subsection 

20 (a) and the expected roadmap and milestones for the im21 plementation of such policies and the mechanisms and 

22 procedures to which they apply. 

23 ‘‘(d) QUARTERLY BRIEFING.—Not later than Janu24 ary 1, 2023, and at the beginning of each fiscal quarter 

25 thereafter until the policies established pursuant to subVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
212 

•S 2792 RS

1 section (a) and the mechanisms and procedures to which 

2 they apply are fully implemented and operational, the Sec3 retary of Defense and the Secretaries of the military de4 partments shall jointly provide to the Committee on 

5 Armed Services of the Senate and the Committee on 

6 Armed Services of the House of Representatives a briefing 

7 detailing the actions taken and progress made by the Of8 fice of the Secretary of Defense and each of the military 

9 departments in meeting the milestones established as re10 quired by subsection (a).’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 53 of title 10, United States 

13 Code, is amended by inserting after the item relating to 

14 section 1044e the following new item: 

‘‘1044f. Department of Defense policies with respect to special victim prosecutors.’’. 

15 SEC. 533. DEFINITION OF MILITARY MAGISTRATE, SPECIAL 

16 VICTIM OFFENSE, AND SPECIAL VICTIM 

17 PROSECUTOR. 

18 Section 801 of title 10, United States Code (article 

19 1 of the Uniform Code of Military Justice), is amended— 

20 (1) by inserting after paragraph (10) the fol21 lowing new paragraph: 

22 ‘‘(11) The term ‘military magistrate’ means a 

23 commissioned officer certified for duty as a military 

24 magistrate in accordance with section 826a of this 


Pbinns on DSKJLVW7X2PROD with BILLS
213 

•S 2792 RS

1 title (article 26a of the Uniform Code of Military 

2 Justice).’’; and 

3 (2) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(17) The term ‘special victim offense’ means— 

6 ‘‘(A) an offense under section 917a (article 

7 117a), section 920 (article 120), section 920b 

8 (article 120b), section 920c (article 120c), sec9 tion 928b (article 128b), section 930 (article 

10 130), section 932 (article 132), the standalone 

11 offense of sexual harassment punishable under 

12 section 934 (article 134), or the standalone of13 fense of child pornography punishable under 

14 section 934 (article 134) of this chapter (the 

15 Uniform Code of Military Justice); 

16 ‘‘(B) a conspiracy to commit an offense 

17 specified in subparagraph (A) as punishable 

18 under section 881 of this title (article 81); 

19 ‘‘(C) a solicitation to commit an offense 

20 specified in subparagraph (A) as punishable 

21 under section 882 of this title (article 82); or 

22 ‘‘(D) an attempt to commit an offense 

23 specified in subparagraph (A), (B), or (C) as 

24 punishable under section 880 of this title (arti25 cle 80). 


Pbinns on DSKJLVW7X2PROD with BILLS
214 

•S 2792 RS

1 ‘‘(17) The term ‘special victim prosecutor’ 

2 means a judge advocate detailed as a special victim 

3 prosecutor in accordance with section 824a of this 

4 title (article 24a of the Uniform Code of Military 

5 Justice).’’. 

6 SEC. 534. CLARIFICATION OF APPLICABILITY OF DOMESTIC 

7 VIOLENCE AND STALKING TO DATING PART8 NERS. 

9 (a) ARTICLE 128B; DOMESTIC VIOLENCE.—Section 

10 928b of title 10, United States Code (article 128b of the 

11 Uniform Code of Military Justice), is amended— 

12 (1) in the matter preceding paragraph (1), by 

13 striking ‘‘Any person’’ and inserting ‘‘(a) IN GEN14 ERAL.—Any person’’; 

15 (2) in subsection (a), as designated by para16 graph (1) of this subsection, by inserting ‘‘a dating 

17 partner,’’ after ‘‘an intimate partner,’’ each place it 

18 appears; and 

19 (3) by adding at the end the following new sub20 section: 

21 ‘‘(b) DEFINITIONS.—In this section (article), the 

22 terms ‘dating partner’, ‘immediate family’, and ‘intimate 

23 partner’ have the meaning given such terms in section 930 

24 of this title (article 130 of the Uniform Code of Military 

25 Justice).’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
215 

•S 2792 RS

1 (b) ARTICLE 130; STALKING.—Section 930 of such 

2 title (article 130 of the Uniform Code of Military Justice) 

3 is amended— 

4 (1) in subsection (a), by striking ‘‘or to his or 

5 her intimate partner’’ each place it appears and in6 serting ‘‘to his or her intimate partner, or to his or 

7 her dating partner’’; and 

8 (2) in subsection (b)— 

9 (A) by redesignating paragraphs (3) 

10 through (5) as paragraphs (4) through (6), re11 spectively; and 

12 (B) by inserting after paragraph (2) the 

13 following new paragraph: 

14 ‘‘(3) The term ‘dating partner’, in the case of 

15 a specific person, means a person who is or has been 

16 in a social relationship of a romantic or intimate na17 ture with such specific person based on a consider18 ation of— 

19 ‘‘(A) the length of the relationship; 

20 ‘‘(B) the type of relationship; and 

21 ‘‘(C) the frequency of interaction between 

22 the persons involved in the relationship.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
216 

•S 2792 RS

1 SEC. 535. CLARIFICATION RELATING TO WHO MAY CON2 VENE COURTS-MARTIAL. 

3 (a) GENERAL COURTS-MARTIAL.—Section 822(b) of 

4 title 10, United States Code (article 22(b) of the Uniform 

5 Code of Military Justice), is amended— 

6 (1) by striking ‘‘If any’’ and inserting ‘‘(1) If 

7 any’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) A commanding officer shall not be considered 

11 an accuser solely due to the role of the commanding officer 

12 in convening a general court-martial to which charges and 

13 specifications were referred by a special victim prosecutor 

14 in accordance with this chapter (the Uniform Code of Mili15 tary Justice).’’. 

16 (b) SPECIAL COURTS-MARTIAL.—Section 823(b) of 

17 title 10, United States Code (article 23(b) of the Uniform 

18 Code of Military Justice), is amended— 

19 (1) by striking ‘‘If any’’ and inserting ‘‘(1) If 

20 any’’; 

21 (2) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) A commanding officer shall not be considered 

24 an accuser solely due to the role of the commanding officer 

25 in convening a special court-martial to which charges and 

26 specifications were referred by a special victim prosecutor 


Pbinns on DSKJLVW7X2PROD with BILLS
217 

•S 2792 RS

1 in accordance with this chapter (the Uniform Code of Mili2 tary Justice).’’. 

3 SEC. 536. INCLUSION OF SEXUAL HARASSMENT AS GEN4 ERAL PUNITIVE ARTICLE. 

5 (a) AMENDMENT TO MANUAL FOR COURTS-MAR6 TIAL.—Not later than 30 days after the date of the enact7 ment of this Act, the President shall amend Part IV of 

8 the Manual for Courts-Martial to include sexual harass9 ment as a standalone offense punishable under section 934 

10 of title 10, United States Code (article 134 of the Uniform 

11 Code of Military Justice). 

12 (b) ELEMENTS OF OFFENSE.—The amendment to 

13 Part IV of the Manual for Courts-Martial required under 

14 subsection (a) shall include the following in the proper 

15 place and form: 

16 (1) ELEMENTS.—The required elements consti17 tuting the offense of sexual harassment are as fol18 lows: 

19 (A) That the accused knowingly made sex20 ual advances, demands, or requests for sexual 

21 favors, or engaged in other conduct of a sexual 

22 nature. 

23 (B) That such conduct was unwelcome. 

24 (C) That under the circumstances, such 

25 conduct— 


Pbinns on DSKJLVW7X2PROD with BILLS
218 

•S 2792 RS

1 (i) would cause a reasonable person 

2 to, believe, and a certain person does be3 lieve that submission to such conduct 

4 would be made, either explicitly or implic5 itly, a term or condition of a person’s job, 

6 pay, career, benefits, or entitlements; 

7 (ii) would cause a reasonable person 

8 to believe, and a certain person does be9 lieve that submission to, or rejection of, 

10 such conduct would be used as a basis for 

11 career or employment decisions affecting 

12 that person; or 

13 (iii) was so severe, repetitive, or per14 vasive, that a reasonable person would per15 ceive, and a certain person does perceive, 

16 an intimidating, hostile, or offensive duty 

17 or working environment. 

18 (D) That under the circumstances, the 

19 conduct of the accused was either— 

20 (i) to the prejudice of good order and 

21 discipline in the Armed Forces; 

22 (ii) of a nature to bring discredit upon 

23 the Armed Forces; or 

24 (iii) to the prejudice of good order and 

25 discipline in the Armed Forces and of a 


Pbinns on DSKJLVW7X2PROD with BILLS
219 

•S 2792 RS

1 nature to bring discredit on the Armed 

2 Forces. 

3 (2) SCOPE OF CONDUCT CONSIDERED SEXUAL

4 IN NATURE.—Whether other conduct is ‘‘of a sexual 

5 nature’’ shall be dependent upon the circumstances 

6 of the act or acts alleged and may include conduct 

7 that, without context, would not appear to be sexual 

8 in nature. 

9 (3) NATURE OF VICTIM.—For purposes of para10 graph (1)(C), a ‘‘certain person’’ extends to any per11 son, regardless of gender or seniority, or whether 

12 subject to the Uniform Code of Military Justice, who 

13 by some duty or military-related reason may work or 

14 associate with the accused. 

15 (4) TIMING AND LOCATION OF ACT.—The act 

16 constituting sexual harassment can occur at any lo17 cation, regardless of whether the victim or accused 

18 is on or off duty at the time of the alleged act or 

19 acts. Physical proximity is not required, and the acts 

20 may be committed through online or other electronic 

21 means. 

22 (5) MENS REA.—The accused must have actual 

23 knowledge that the accused is making sexual ad24 vances, demands or requests for sexual favors, or en25 gaging in other conduct of a sexual nature. Actual 


Pbinns on DSKJLVW7X2PROD with BILLS
220 

•S 2792 RS

1 knowledge is not required for the other elements of 

2 the offense. 

3 SEC. 537. DETERMINATIONS OF IMPRACTICABILITY OF RE4 HEARING. 

5 (a) TRANSMITTAL AND REVIEW OF RECORDS.—Sec6 tion 865(e)(3)(B) of title 10, United States Code (article 

7 65(e)(3)(B) of the Uniform Code of Military Justice), is 

8 amended— 

9 (1) by striking ‘‘IMPRACTICAL.—If the Judge 

10 Advocate General’’ and inserting the following: ‘‘IM11 PRACTICABLE.—’’ 

12 ‘‘(i) IN GENERAL.—Subject to clause (ii), 

13 if the Judge Advocate General’’; 

14 (2) by striking ‘‘impractical’’ and inserting ‘‘im15 practicable’’; and 

16 (3) by adding at the end the following new 

17 clause: 

18 ‘‘(ii) CASES REFERRED BY SPECIAL VICTIM

19 PROSECUTOR.—If a case was referred to trial 

20 by a special victim prosecutor, a special victim 

21 prosecutor shall determine if a rehearing is im22 practicable and shall dismiss the charges if the 

23 special victim prosecutor so determines.’’. 

24 (b) COURTS OF CRIMINAL APPEALS.—Section 

25 866(f)(1)(C) of title 10, United States Code (article 


Pbinns on DSKJLVW7X2PROD with BILLS
221 

•S 2792 RS

1 66(f)(1)(C) of the Uniform Code of Military Justice), is 

2 amended— 

3 (1) by striking ‘‘IMPRACTICABLE.—If the Court 

4 of Criminal Appeals’’ and inserting the following: 

5 ‘‘IMPRACTICABLE.— 

6 ‘‘(i) IN GENERAL.—Subject to clause (ii), 

7 if the Court of Criminal Appeals’’; and 

8 (2) by adding at the end the following new 

9 clause: 

10 ‘‘(ii) CASES REFERRED BY SPECIAL VICTIM

11 PROSECUTOR.—If a case was referred to trial 

12 by a special victim prosecutor, a special victim 

13 prosecutor shall determine if a rehearing is im14 practicable and shall dismiss the charges if the 

15 special victim prosecutor so determines.’’. 

16 (c) REVIEW BY THE COURT OF APPEALS FOR THE

17 ARMED FORCES.—Section 867(e) of title 10, United 

18 States Code (article 67(e) of the Uniform Code of Military 

19 Justice), is amended by adding at the end the following 

20 new sentence: ‘‘Notwithstanding the preceding sentence, 

21 if a case was referred to trial by a special victim pros22 ecutor, a special victim prosecutor shall determine if a re23 hearing is impracticable and shall dismiss the charges if 

24 the special victim prosecutor so determines.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
222 

•S 2792 RS

1 (d) REVIEW BY JUDGE ADVOCATE GENERAL.—Sec2 tion 869(c)(1)(D) of title 10, Untied States Code (article 

3 69(c)(1)(D) of the Uniform Code of Military Justice), is 

4 amended— 

5 (1) by striking ‘‘If the Judge Advocate Gen6 eral’’ and inserting ‘‘(i) Subject to clause (ii), if the 

7 Judge Advocate General’’; 

8 (2) by striking ‘‘impractical’’ and inserting ‘‘im9 practicable’’; and 

10 (3) by adding at the end the following new 

11 clause: 

12 ‘‘(ii) If a case was referred to trial by a special victim 

13 prosecutor, a special victim prosecutor shall determine if 

14 a rehearing is impracticable and shall dismiss the charges 

15 if the special victim prosecutor so determines.’’. 

16 SEC. 538. PLEA AGREEMENTS. 

17 (a) AUTHORITY TO ENTER INTO AGREEMENTS.— 

18 Subsection (a) of section 853a of title 10, United States 

19 Code (article 53a of the Uniform Code of Military Jus20 tice), is amended— 

21 (1) in paragraph (1), by striking ‘‘At any time’’ 

22 and inserting ‘‘Subject to paragraph (3), at any 

23 time’’; and 

24 (2) by adding at the end the following new 

25 paragraph: 


Pbinns on DSKJLVW7X2PROD with BILLS
223 

•S 2792 RS

1 ‘‘(3) With respect to charges and specifications 

2 referred to court-martial by a special victim pros3 ecutor, a plea agreement under this section may only 

4 be entered into between a special victim prosecutor 

5 and the accused. Such agreement shall be subject to 

6 the same limitations and conditions applicable to 

7 other plea agreements under this section (article).’’. 

8 (b) BINDING EFFECT.—Subsection (d) of such sec9 tion (article) is amended by inserting after ‘‘parties’’ the 

10 following: ‘‘(including the convening authority and the spe11 cial victim prosecutor in the case of a plea agreement en12 tered into under subsection of (a)(3))’’. 

13 SEC. 539. OPPORTUNITY TO OBTAIN WITNESS AND OTHER 

14 EVIDENCE IN TRIALS BY COURT-MARTIAL. 

15 Subsection 846(d)(2) of title 10, United States Code 

16 (article 46(d)(2) of the Uniform Code of Military Justice), 

17 is amended— 

18 (1) by striking ‘‘only if a general court-martial’’ 

19 and inserting the following: ‘‘only if— 

20 ‘‘(A) a general court-martial;’’; 

21 (2) in subparagraph (A), as designated by para22 graph (1) of this section, by striking ‘‘a subpoena or 

23 a military judge’’ and inserting the following: ‘‘a 

24 subpoena; 

25 ‘‘(B) a military judge’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
224 

•S 2792 RS

1 (3) In subparagraph (B), as designated by 

2 paragraph (2), by striking the period at the end and 

3 inserting a semicolon; and 

4 (4) by adding at the end the following new sub5 paragraphs: 

6 ‘‘(C) a special victim prosecutor issues 

7 such a subpoena; or 

8 ‘‘(D) the military counsel detailed to de9 fend an individual suspected or accused of an 

10 offense over which a special victim prosecutor 

11 exercises authority in accordance with section 

12 824a of this title (article 824a of the Uniform 

13 Code of Military Justice) issues such a sub14 poena.’’. 

15 SEC. 540. FORMER JEOPARDY. 

16 Section 844(c) of title 10, United States Code (article 

17 44(c) of the Uniform Code of Military Justice), is amend18 ed— 

19 (1) in paragraph (1) in the matter following 

20 subparagraph (B), by inserting ‘‘or the special vic21 tim prosecutor’’ after ‘‘the convening authority’’; 

22 and 

23 (2) in paragraph (2) in the matter following 

24 subparagraph (B), by inserting ‘‘or the special vic25 tim prosecutor’’ after ‘‘the convening authority’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
225 

•S 2792 RS

1 SEC. 541. ADVICE TO CONVENING AUTHORITY BEFORE RE2 FERRAL FOR TRIAL. 

3 Section 834 of title 10, United States Code (article 

4 34 of the Uniform Code of Military Justice), is amended— 

5 (1) In subsection (a)(1)— 

6 (A) by striking ‘‘Before referral’’ and in7 serting ‘‘Subject to subsection (c), before refer8 ral’’; 

9 (B) by redesignating subparagraph (C) as 

10 subparagraph (D); and 

11 (C) by inserting after subparagraph (B) 

12 the following new subparagraph: 

13 ‘‘(C) there is sufficient admissible evidence 

14 to obtain and sustain a conviction on the 

15 charged offense.’’. 

16 (2) in subsection (b), by striking ‘‘Before refer17 ral’’ and inserting ‘‘Subject to subsection (c), before 

18 referral’’; 

19 (3) by redesignating subsections (c) and (d) as 

20 subsections (d) and (e) respectively; 

21 (4) by inserting after subsection (b) the fol22 lowing new subsection: 

23 ‘‘(c) SPECIAL VICTIM OFFENSES.—A referral to a 

24 general or special court-martial for trial of charges and 

25 specifications over which a special victim prosecutor exer26 cises authority may only be made— 


Pbinns on DSKJLVW7X2PROD with BILLS
226 

•S 2792 RS

1 ‘‘(1) by a special victim prosecutor, subject to 

2 a special victim prosecutor’s written determination 

3 accompanying the referral that— 

4 ‘‘(A) each specification under a charge al5 leges an offense under this chapter; 

6 ‘‘(B) there is probable cause to believe that 

7 the accused committed the offense charged; and 

8 ‘‘(C) there is sufficient admissible evidence 

9 to obtain and sustain a conviction on the 

10 charged offense; or 

11 ‘‘(2) in the case of charges and specifications 

12 that do not allege a special victim offense and as to 

13 which a special victim prosecutor declines to prefer 

14 or, in the case of charges and specifications pre15 ferred by a person other than a special victim pros16 ecutor, refer charges, by the convening authority in 

17 accordance with this section.’’; and 

18 (5) in subsection (e), as redesignated by para19 graph (3) of this section, by inserting ‘‘or, with re20 spect to charges and specifications over which a spe21 cial victim prosecutor exercises authority in accord22 ance with section 824a of this title (article 824a of 

23 the Uniform Code of Military Justice), a special vic24 tim prosecutor,’’ after ‘‘convening authority’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
227 

•S 2792 RS

1 SEC. 542. PRELIMINARY HEARING. 

2 (a) DETAIL OF HEARING OFFICER; WAIVER.—Sub3 section (a)(1) of section 832 of title 10, United States 

4 Code (article 32 of the Uniform Code of Military Justice), 

5 is amended— 

6 (1) in subparagraph (A), by striking ‘‘hearing 

7 officer’’ and all that follows through the period at 

8 the end and inserting ‘‘hearing officer detailed in ac9 cordance with subparagraph (C).’’; 

10 (2) in subparagraph (B), by striking ‘‘written 

11 waiver’’ and all that follows through the period at 

12 the end and inserting the following: ‘‘written waiver 

13 to— 

14 ‘‘(i) except as provided in clause (ii), the 

15 convening authority and the convening author16 ity determines that a hearing is not required; 

17 and 

18 ‘‘(ii) with respect to charges and specifica19 tions over which the special victim prosecutor is 

20 exercising authority in accordance with section 

21 824a of this title (article 24a of the Uniform 

22 Code of Military Justice), the special victim 

23 prosecutor and the special victim prosecutor de24 termines that a hearing is not required.’’; and 

25 (3) by adding at the end the following new sub26 paragraph: 


Pbinns on DSKJLVW7X2PROD with BILLS
228 

•S 2792 RS

1 ‘‘(C)(i) Except as provided in clause (ii), 

2 the convening authority shall detail a hearing 

3 officer. 

4 ‘‘(ii) If a special victim prosecutor is exer5 cising authority over the charges and specifica6 tions subject to a preliminary hearing under 

7 this section (article), the special victim pros8 ecutor shall request a military judge or military 

9 magistrate to serve as the hearing officer, and 

10 a military judge or military magistrate shall be 

11 provided, in accordance with regulations pre12 scribed by the President.’’. 

13 (b) REPORT OF PRELIMINARY HEARING OFFICER.— 

14 Subsection (c) of such section is amended— 

15 (1) in the heading, by inserting ‘‘OR SPECIAL

16 VICTIM PROSECUTOR’’ after ‘‘CONVENING AUTHOR17 ITY’’; and 

18 (2) in the matter preceding paragraph (1) by 

19 striking ‘‘to the convening authority’’ and inserting 

20 ‘‘to the convening authority or, in the case of a pre21 liminary hearing in which the hearing officer is pro22 vided at the request of a special victim prosecutor, 

23 to the special victim prosecutor,’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
229 

•S 2792 RS

1 SEC. 543. DETAIL OF TRIAL COUNSEL. 

2 Section 827 of title 10, United States Code (article 

3 27 of the Uniform Code of Military Justice), is amended 

4 by adding at the end the following new subsection: 

5 ‘‘(e)(1) For each general and special court-martial for 

6 which charges and specifications were referred by a special 

7 victim prosecutor— 

8 ‘‘(A) a special victim prosecutor or an assistant 

9 special victim prosecutor shall be detailed as trial 

10 counsel; 

11 ‘‘(B) a special victim prosecutor may detail a 

12 special victim prosecutor or an assistant special vic13 tim prosecutor as an assistant trial counsel; and 

14 ‘‘(C) a special victim prosecutor may request 

15 that a counsel other than a special victim prosecutor 

16 or assistant special victim prosecutor be detailed as 

17 an assistant trial counsel. 

18 ‘‘(2) Details of counsel under this subsection shall be 

19 made in accordance with regulations prescribed by the 

20 President.’’. 

21 SEC. 544. SENTENCING REFORM. 

22 (a) ARTICLE 53; FINDINGS AND SENTENCING.—Sec23 tion 853 of title 10, United States Code (article 53 of the 

24 Uniform Code of Military Justice), is amended— 

25 (1) in subsection (b), by amending paragraph 

26 (1) to read as follows: 


Pbinns on DSKJLVW7X2PROD with BILLS
230 

•S 2792 RS

1 ‘‘(1) GENERAL AND SPECIAL COURTS-MAR2 TIAL.—Except as provided in subsection (c) for cap3 ital offenses, if the accused is convicted of an offense 

4 in a trial by general or special court-martial, the 

5 military judge shall sentence the accused. The sen6 tence determined by the military judge constitutes 

7 the sentence of the court-martial.’’; and 

8 (2) in subsection (c)— 

9 (A) by amending paragraph (1) to read as 

10 follows: 

11 ‘‘(1) IN GENERAL.—In a capital case, if the ac12 cused is convicted of an offense for which the court13 martial may sentence the accused to death— 

14 ‘‘(A) the members shall determine— 

15 ‘‘(i) whether the sentence for that of16 fense shall be death or life in prison with17 out eligibility for parole; or 

18 ‘‘(ii) whether the matter shall be re19 turned to the military judge for determina20 tion of a lesser punishment; and 

21 ‘‘(B) the military judge shall sentence the 

22 accused for that offense in accordance with the 

23 determination of the members under subpara24 graph (A).’’; and 


Pbinns on DSKJLVW7X2PROD with BILLS
231 

•S 2792 RS

1 (B) in paragraph (2), by striking ‘‘the 

2 court-martial’’ and inserting ‘‘the military 

3 judge’’. 

4 (b) ARTICLE 53A; PLEA AGREEMENTS.—Section 

5 853a of title 10, United States Code (article 53a of the 

6 Uniform Code of Military Justice), as amended by section 

7 538 of this Act, is further amended— 

8 (1) by redesignating subsections (b), (c), and 

9 (d), as subsections (c), (d), and (e), respectively; and 

10 (2) by inserting after subsection (a) the fol11 lowing new subsection: 

12 ‘‘(b) ACCEPTANCE OF PLEA AGREEMENT.—Subject 

13 to subsection (c), the military judge of a general or special 

14 court-martial shall accept a plea agreement submitted by 

15 the parties, except that— 

16 ‘‘(1) in the case of an offense with a sentencing 

17 parameter set forth in regulations prescribed by the 

18 President pursuant to section 544(e) of the National 

19 Defense Authorization Act for Fiscal Year 2022, the 

20 military judge may reject a plea agreement that pro21 poses a sentence that is outside the sentencing pa22 rameter if the military judge determines that the 

23 proposed sentence is plainly unreasonable; and 

24 ‘‘(2) in the case of an offense for which the 

25 President has not established a sentencing paramVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
232 

•S 2792 RS

1 eter pursuant to section 544(e) of the National De2 fense Authorization Act for Fiscal Year 2022, the 

3 military judge may reject a plea agreement that pro4 poses a sentence if the military judge determines 

5 that the proposed sentence is plainly unreasonable.’’. 

6 (c) ARTICLE 56; SENTENCING.—Section 856 of title 

7 10, United States Code (article 56 of the Uniform Code 

8 of Military Justice), is amended— 

9 (1) in subsection (c)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (C)(vii), by strik12 ing ‘‘and’’ at the end; 

13 (ii) in subparagraph (D), by striking 

14 the period at the end and inserting ‘‘; 

15 and’’; and 

16 (iii) by adding at the end the fol17 lowing new subparagraph: 

18 ‘‘(E) the applicable sentencing parameters 

19 or sentencing criteria set forth in regulations 

20 prescribed by the President pursuant to section 

21 544(e) of the National Defense Authorization 

22 Act for Fiscal Year 2022.’’; and 

23 (B) by striking paragraphs (2) through (4) 

24 and inserting the following new paragraphs: 


Pbinns on DSKJLVW7X2PROD with BILLS
233 

•S 2792 RS

1 ‘‘(2) APPLICATION OF SENTENCING PARAM2 ETERS IN GENERAL AND SPECIAL COURTS-MAR3 TIAL.— 

4 ‘‘(A) REQUIREMENT TO SENTENCE WITHIN

5 PARAMETERS.—Except as provided in subpara6 graph (B), in a general or special court-martial 

7 in which the accused is convicted of an offense 

8 for which the President has established a sen9 tencing parameter pursuant to section 544(e) of 

10 the National Defense Authorization Act for Fis11 cal Year 2022, the military judge shall sentence 

12 the accused for that offense within the applica13 ble parameter. 

14 ‘‘(B) EXCEPTION.—The military judge 

15 may impose a sentence outside a sentencing pa16 rameter upon finding specific facts that warrant 

17 such a sentence. If the military judge imposes 

18 a sentence outside a sentencing parameter 

19 under this subparagraph, the military judge 

20 shall include in the record a written statement 

21 of the factual basis for the sentence. 

22 ‘‘(3) USE OF SENTENCING CRITERIA IN GEN23 ERAL AND SPECIAL COURTS-MARTIAL.—In a general 

24 or special court-martial in which the accused is con25 victed of an offense for which the President has esVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
234 

•S 2792 RS

1 tablished sentencing criteria pursuant to section 

2 544(e) of the National Defense Authorization Act 

3 for Fiscal Year 2022, the military judge shall con4 sider the applicable sentencing criteria in deter5 mining the sentence for that offense. 

6 ‘‘(4) OFFENSE-BASED SENTENCING IN GEN7 ERAL AND SPECIAL COURTS-MARTIAL.—In announc8 ing the sentence under section 853 of this title (arti9 cle 53) in a general or special court-martial, the 

10 military judge shall, with respect to each offense of 

11 which the accused is found guilty, specify the term 

12 of confinement, if any, and the amount of the fine, 

13 if any. If the accused is sentenced to confinement 

14 for more than one offense, the military judge shall 

15 specify whether the terms of confinement are to run 

16 consecutively or concurrently. 

17 ‘‘(5) INAPPLICABILITY TO DEATH PENALTY.— 

18 Sentencing parameters and sentencing criteria shall 

19 not apply to a determination of whether an offense 

20 should be punished by death. 

21 ‘‘(6) SENTENCE OF CONFINEMENT FOR LIFE

22 WITHOUT ELIGIBILITY FOR PAROLE.— 

23 ‘‘(A) IN GENERAL.—If an offense is sub24 ject to a sentence of confinement for life, a 


Pbinns on DSKJLVW7X2PROD with BILLS
235 

•S 2792 RS

1 court-martial may impose a sentence of confine2 ment for life without eligibility for parole. 

3 ‘‘(B) TERM OF CONFINEMENT.—An ac4 cused who is sentenced to confinement for life 

5 without eligibility for parole shall be confined 

6 for the remainder of the accused’s life unless— 

7 ‘‘(i) the sentence is set aside or other8 wise modified as a result of— 

9 ‘‘(I) action taken by the con10 vening authority or the Secretary con11 cerned; or 

12 ‘‘(II) any other action taken dur13 ing post-trial procedure or review 

14 under any other provision of sub15 chapter IX of this chapter (the Uni16 form Code of Military Justice); 

17 ‘‘(ii) the sentence is set aside or other18 wise modified as a result of action taken 

19 by a court of competent jurisdiction; or 

20 ‘‘(iii) the accused receives a pardon or 

21 another form of Executive clemency.’’; and 

22 (4) in subsection (d)(1)— 

23 (A) in subparagraph (A), by striking ‘‘or’’ 

24 at the end; 


Pbinns on DSKJLVW7X2PROD with BILLS
236 

•S 2792 RS

1 (B) by redesignating subparagraph (B) as 

2 subparagraph (C); 

3 (C) by inserting after subparagraph (A) 

4 the following new subparagraph: 

5 ‘‘(B) in the case of a sentence for an of6 fense with a sentencing parameter under this 

7 section, the sentence is a result of an incorrect 

8 application of the parameter; or’’; and 

9 (D) in subparagraph (C), as redesignated 

10 by subparagraph (B) of this paragraph, by 

11 striking ‘‘, as determined in accordance with 

12 standards and procedures prescribed by the 

13 President’’. 

14 (d) ARTICLE 66; COURTS OF CRIMINAL APPEALS.— 

15 Section 866 of title 10, United States Code (article 66 

16 of the Uniform Code of Military Justice), as amended by 

17 section 537 of this Act, is further amended— 

18 (1) in subsection (d)(1)(A), by striking the 

19 third sentence; and 

20 (2) by amending subsection (e) to read as fol21 lows: 

22 ‘‘(e) CONSIDERATION OF SENTENCE.— 

23 ‘‘(1) IN GENERAL.—In considering a sentence 

24 on appeal, other than as provided in section 856(e) 


Pbinns on DSKJLVW7X2PROD with BILLS
237 

•S 2792 RS

1 of this title (article 56(e)), the Court of Criminal 

2 Appeals may consider— 

3 ‘‘(A) whether the sentence violates the law; 

4 ‘‘(B) whether the sentence is inappropri5 ately severe— 

6 ‘‘(i) if the sentence is for an offense 

7 for which the President has not established 

8 a sentencing parameter pursuant to section 

9 544(e) of the National Defense Authoriza10 tion Act for Fiscal Year 2022; or 

11 ‘‘(ii) in the case of an offense for 

12 which the President has established a sen13 tencing parameter pursuant to section 

14 544(e) of the National Defense Authoriza15 tion Act for Fiscal Year 2022, if the sen16 tence is above the upper range of such sen17 tencing parameter; 

18 ‘‘(C) in the case of a sentence for an of19 fense for which the President has established a 

20 sentencing parameter pursuant to section 

21 544(e) of the National Defense Authorization 

22 Act for Fiscal Year 2022, whether the sentence 

23 is a result of an incorrect application of the pa24 rameter; 


Pbinns on DSKJLVW7X2PROD with BILLS
238 

•S 2792 RS

1 ‘‘(D) whether the sentence is plainly un2 reasonable; and 

3 ‘‘(E) in review of a sentence to death or to 

4 life in prison without eligibility for parole deter5 mined by the members in a capital case under 

6 section 853(d) of this title (article 53(d)), 

7 whether the sentence is otherwise appropriate, 

8 under rules prescribed by the President. 

9 ‘‘(2) RECORD ON APPEAL.—In an appeal under 

10 this subsection or section 856(e) of this title (article 

11 56(e)), other than review under subsection (b)(2), 

12 the record on appeal shall consist of— 

13 ‘‘(A) any portion of the record in the case 

14 that is designated as pertinent by any party; 

15 ‘‘(B) the information submitted during the 

16 sentencing proceeding; and 

17 ‘‘(C) any information required by rule or 

18 order of the Court of Criminal Appeals.’’. 

19 (e) ESTABLISHMENT OF SENTENCING PARAMETERS

20 AND SENTENCING CRITERIA.— 

21 (1) IN GENERAL.—Not later than two years 

22 after the date of the enactment of this Act, the 

23 President shall prescribe regulations establishing 

24 sentencing parameters and sentencing criteria re25 lated to offenses under chapter 47 of title 10, 


Pbinns on DSKJLVW7X2PROD with BILLS
239 

•S 2792 RS

1 United States Code (the Uniform Code of Military 

2 Justice), in accordance with this subsection. Such 

3 parameters and criteria— 

4 (A) shall cover sentences of confinement; 

5 and 

6 (B) may cover lesser punishments, as the 

7 President determines appropriate. 

8 (2) SENTENCING PARAMETERS.—Sentencing 

9 parameters established under paragraph (1) shall— 

10 (A) identify a delineated sentencing range 

11 for an offense that is appropriate for a typical 

12 violation of the offense, taking into consider13 ation— 

14 (i) the severity of the offense; 

15 (ii) the guideline or offense category 

16 that would apply to the offense if the of17 fense were tried in a United States district 

18 court; 

19 (iii) any military-specific sentencing 

20 factors; and 

21 (iv) the need for the sentencing pa22 rameter to be sufficiently broad to allow 

23 for individualized consideration of the of24 fense and the accused; 


Pbinns on DSKJLVW7X2PROD with BILLS
240 

•S 2792 RS

1 (B) include no fewer than 5 and no more 

2 than 12 offense categories; 

3 (C) assign such offense under this chapter 

4 to an offense category unless the offense is 

5 identified as unsuitable for sentencing param6 eters under paragraph (4)(F)(ii); and 

7 (D) delineate the confinement range for 

8 each offense category by setting an upper con9 finement limit and a lower confinement limit. 

10 (3) SENTENCING CRITERIA.—Sentencing cri11 teria established under paragraph (1) shall identify 

12 offense-specific factors the military judge should 

13 consider and any collateral effects of available pun14 ishments that may aid the military judge in deter15 mining an appropriate sentence when there is no ap16 plicable sentencing parameter for a specific offense. 

17 (4) MILITARY SENTENCING PARAMETERS AND

18 CRITERIA BOARD.— 

19 (A) IN GENERAL.—There is established 

20 within the Department of Defense a board, to 

21 be known as the ‘‘Military Sentencing Param22 eters and Criteria Board’’ (referred to in this 

23 subsection as the ‘‘Board’’). 

24 (B) VOTING MEMBERS.—The Board shall 

25 have 5 voting members, as follows: 


Pbinns on DSKJLVW7X2PROD with BILLS
241 

•S 2792 RS

1 (i) The 4 chief trial judges designated 

2 under section 826(g) of title 10, United 

3 States Code (article 26(g) of the Uniform 

4 Code of Military Justice), except that, if 

5 the chief trial judge of the Coast Guard is 

6 not available, the Judge Advocate General 

7 of the Coast Guard may designate as a 

8 voting member a judge advocate of the 

9 Coast Guard with substantial military jus10 tice experience. 

11 (ii) A trial judge of the Navy, des12 ignated under regulations prescribed by 

13 the President, if the chief trial judges des14 ignated under section 826(g) of title 10, 

15 United States Code (article 26(g) of the 

16 Uniform Code of Military Justice), do not 

17 include a trial judge of the Navy. 

18 (iii) A trial judge of the Marine 

19 Corps, designated under regulations pre20 scribed by the President, if the chief trial 

21 judges designated under section 826(g) of 

22 title 10, United States Code (article 26(g) 

23 of the Uniform Code of Military Justice), 

24 do not include a trial judge of the Marine 

25 Corps. 


Pbinns on DSKJLVW7X2PROD with BILLS
242 

•S 2792 RS

1 (C) NONVOTING MEMBERS.—The Chief 

2 Judge of the Court of Appeals for the Armed 

3 Forces, the Chairman of the Joint Chiefs of 

4 Staff, and the General Counsel of the Depart5 ment of Defense shall each designate one non6 voting member of the Board. The Secretary of 

7 Defense may appoint one additional nonvoting 

8 member of the Board at the Secretary’s discre9 tion. 

10 (D) CHAIR AND VICE-CHAIR.—The Sec11 retary of Defense shall designate one voting 

12 member as chair of the Board and one voting 

13 member as vice-chair. 

14 (E) VOTING REQUIREMENT.—An affirma15 tive vote of at least three members is required 

16 for any action of the Board under this sub17 section. 

18 (F) DUTIES OF BOARD.—The Board shall 

19 have the following duties: 

20 (i) As directed by the Secretary of De21 fense, the Board shall submit to the Presi22 dent for approval— 

23 (I) sentencing parameters for all 

24 offenses under chapter 47 of title 10, 

25 United States Code (the Uniform 


Pbinns on DSKJLVW7X2PROD with BILLS
243 

•S 2792 RS

1 Code of Military Justice), (other than 

2 offenses that the Board identifies as 

3 unsuitable for sentencing parameters 

4 in accordance with clause (ii)); and 

5 (II) sentencing criteria to be used 

6 by military judges in determining ap7 propriate sentences for offenses that 

8 are identified as unsuitable for sen9 tencing parameters in accordance with 

10 clause (ii). 

11 (ii) Identify each offense under chap12 ter 47 of title 10, United States Code (the 

13 Uniform Code of Military Justice), that is 

14 unsuitable for sentencing parameters. The 

15 Board shall identify an offense as unsuit16 able for sentencing parameters if— 

17 (I) the nature of the offense is 

18 indeterminate and unsuitable for cat19 egorization; and 

20 (II) there is no similar criminal 

21 offense under the laws of the United 

22 States or the laws of the District of 

23 Columbia. 

24 (iii) In developing sentencing param25 eters and criteria, the Board shall consider 


Pbinns on DSKJLVW7X2PROD with BILLS
244 

•S 2792 RS

1 the sentencing data collected by the Mili2 tary Justice Review Panel pursuant to sec3 tion 946(f)(2) of title 10, United States 

4 Code (article 146(f)(2) of the Uniform 

5 Code of Military Justice). 

6 (iv) In addition to establishing param7 eters for sentences of confinement under 

8 clause (i)(I), the Board shall consider the 

9 appropriateness of establishing sentencing 

10 parameters for punitive discharges, fines, 

11 reductions, forfeitures, and other lesser 

12 punishments authorized under chapter 47 

13 of title 10, United States Code (the Uni14 form Code of Military Justice). 

15 (v) The Board shall regularly— 

16 (I) review, and propose revision 

17 to, in consideration of comments and 

18 data coming to the Board’s attention, 

19 the sentencing parameters and sen20 tencing criteria prescribed under para21 graph (1); and 

22 (II) submit to the President, 

23 through the Secretary of Defense, 

24 proposed amendments to the sen25 tencing parameters and sentencing 


Pbinns on DSKJLVW7X2PROD with BILLS
245 

•S 2792 RS

1 criteria, together with statements ex2 plaining the basis for the proposed 

3 amendments. 

4 (vi) The Board shall develop means of 

5 measuring the degree to which applicable 

6 sentencing, penal, and correctional prac7 tices are effective with respect to the sen8 tencing factors and policies set forth in 

9 this section. 

10 (vii) In fulfilling its duties and in ex11 ercising its powers, the Board shall consult 

12 authorities on, and individual and institu13 tional representatives of, various aspects of 

14 the military criminal justice system. The 

15 Board may establish separate advisory 

16 groups consisting of individuals with cur17 rent or recent experience in command and 

18 in senior enlisted positions, individuals 

19 with experience in the trial of courts-mar20 tial, and such other groups as the Board 

21 deems appropriate. 

22 (viii) The Board shall submit to the 

23 President, through the Secretary of De24 fense, proposed amendments to the rules 

25 for courts-martial with respect to senVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
246 

•S 2792 RS

1 tencing proceedings and maximum punish2 ments, together with statements explaining 

3 the basis for the proposed amendments. 

4 SEC. 545. UNIFORM, DOCUMENT-BASED DATA SYSTEM. 

5 (a) IN GENERAL.—The Secretary of Defense shall— 

6 (1) establish a single mechanism and process 

7 into and through which records, data, and informa8 tion shall be collected, tracked, and maintained re9 garding the reporting, investigation, processing, ad10 judication, and final disposition of all offenses under 

11 the Uniform Code of Military Justice arising in any 

12 component of the Department of Defense; 

13 (2) prescribe uniform data points, definitions, 

14 standards, and criteria applicable to all components 

15 of the Department of Defense, for the entry of 

16 records, data, and information in and through the 

17 single mechanism and process required by paragraph 

18 (1); 

19 (3) ensure the security of the single mechanism 

20 and process and the records, data, and information 

21 maintained therein, with a particular emphasis on 

22 the security of classified information, personally 

23 identifiable information, protected health informa24 tion, information that is subject to a judicial protec25 tive order or that has been placed under seal by apVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
247 

•S 2792 RS

1 propriate authority, and other information of a sen2 sitive nature, as determined by the Secretary; 

3 (4) authorize access to the single mechanism 

4 and process and the records, data, and information 

5 maintained therein to appropriately cleared per6 sonnel of a component of the Department of Defense 

7 and such other persons as the Secretary of Defense 

8 may determine, each of whom shall have a dem9 onstrated need for such access derived from the offi10 cial business of the Department of Defense; 

11 (5) maintain indefinitely all records, data, and 

12 information collected in and through the single 

13 mechanism and process; and 

14 (6) analyze the records, data, and information 

15 maintained in and through the single mechanism 

16 and process— 

17 (A) to promote the effective management 

18 and timeliness of the investigation, processing, 

19 adjudication, and disposition of offenses under 

20 chapter 47 of title 10, United States Code (the 

21 Uniform Code of Military Justice); 

22 (B) to ascertain the effects of the changes 

23 in law and policy required under this part and 

24 the amendments made by this part on the pre25 vention of and response to offenses over which 


Pbinns on DSKJLVW7X2PROD with BILLS
248 

•S 2792 RS

1 a special victim prosecutor at any time exercises 

2 authority in accordance with section 824a of 

3 this title (article 24a of the Uniform Code of 

4 Military Justice); 

5 (C) to inform and improve the policies, 

6 processes, reporting, and decision-making of the 

7 Department of Defense; 

8 (D) to enhance the quality of periodic re9 views required by law, including under section 

10 946 of this title (article 146 of the Uniform 

11 Code of Military Justice); 

12 (E) to enhance the quality of reports and 

13 briefings to Congress and the Committee on 

14 Armed Forces of the Senate and the Committee 

15 on Armed Forces of the House of Representa16 tives, including those required by section 532 of 

17 the National Defense Authorization Act for Fis18 cal year 2007 (Public Law 109–364); section 

19 1361 of the National Defense Authorization Act 

20 for Fiscal Year 2011 (Public Law 111–383), as 

21 amended by section 575 of the National De22 fense Authorization Act for Fiscal Year 2013 

23 (Public Law 112–239), section 542 of the Na24 tional Defense Authorization Act for Fiscal 

25 Year 2015 (Public Law 113–291), sections 543 


Pbinns on DSKJLVW7X2PROD with BILLS
249 

•S 2792 RS

1 and 544 of the National Defense Authorization 

2 Act for Fiscal Year 2017 (Public Law 114– 

3 328), sections 537 and 538 of the National De4 fense Authorization Act for Fiscal Year 2018 

5 (Public Law 115–91), and section 537 of the 

6 National Defense Authorization Act for Fiscal 

7 Year 2021 (Public Law 116–283); section 574 

8 of the National Defense Authorization Act for 

9 Fiscal Year 2017 (Public law 114–328); and 

10 section 539C of the National Defense Author11 ization Act for Fiscal Year 2021 (Public Law 

12 116–283); and 

13 (F) for such other purposes as the Sec14 retary of Defense may prescribe. 

15 (b) INFORMATION INCLUDED.—The records, data, 

16 and information collected, tracked, and maintained in the 

17 single mechanism and process required under subsection 

18 (a) shall include— 

19 (1) the data points and uniform definitions set 

20 forth in memoranda of the General Counsel of the 

21 Department of Defense entitled ‘‘Uniform Standards 

22 and Criteria Required by Article 140a, Uniform 

23 Code of Military Justice’’, dated December 17, 

24 2018, and ‘‘Recording Court-Martial Demographic 


Pbinns on DSKJLVW7X2PROD with BILLS
250 

•S 2792 RS

1 Information’’, dated June 3, 2020, and the Appen2 dices thereto, expanded to include— 

3 (A) the progress of an offense under the 

4 Uniform Code of Military Justice through each 

5 stage of the investigative process, including a 

6 summary of the initial complaint giving rise to 

7 an inquiry or investigation by a military law en8 forcement, security, or intelligence organization 

9 or military criminal investigative organization, a 

10 description of how the complaint became known 

11 to such organization, and any referral to or 

12 from civilian law enforcement or investigative 

13 authorities; 

14 (B) demographic data pertaining to each 

15 victim and accused, including age, race, eth16 nicity, sex, and rank, as applicable, together 

17 with the nature of the relationship, if any, be18 tween a victim and an accused; 

19 (C) any action taken relative to a service 

20 member suspected or accused of an offense 

21 under the Uniform Code of Military Justice 

22 through each stage of such action from initi23 ation to final disposition, and appeal, if any, in24 cluding— 

25 (i) a decision to take no action; 


Pbinns on DSKJLVW7X2PROD with BILLS
251 

•S 2792 RS

1 (ii) trial by court-martial or other ju2 dicial process; 

3 (iii) non-judicial punishment under 

4 section 815 of title 10, United States Code 

5 (article 15 of the Uniform Code of Military 

6 Justice); and 

7 (iv) adverse or corrective administra8 tive action; and 

9 (D) the age, race, ethnicity, sex, and rank, 

10 as applicable, of any person who took an action 

11 documented pursuant to subparagraph (C); 

12 (2) the date on which each key action or deci13 sion relative to the offense occurred or was made; 

14 (3) a true copy of each source document or 

15 record relating to the reporting, investigation, proc16 essing, adjudication, and disposition of each offense; 

17 and 

18 (4) any other record, data, or information as 

19 prescribed by the Secretary of Defense. 

20 (c) DEADLINE.—The single mechanism and process 

21 required under subsection (a) shall be fully operational by 

22 the effective date specified in section 552 and will be used 

23 to collect, track, and maintain records, data, and informa24 tion about the reporting, investigation, processing, adju25 dication, and final disposition of each offense under the 


Pbinns on DSKJLVW7X2PROD with BILLS
252 

•S 2792 RS

1 Uniform Code of Military Justice that occurs after that 

2 date. 

3 (d) DEFINITIONS.—In this section: 

4 (1) SINGLE MECHANISM AND PROCESS.— 

5 (A) IN GENERAL.—The term ‘‘single mech6 anism and process’’ is defined as a database, 

7 tracking system, or other mechanism and proc8 ess established by the Secretary of Defense, in 

9 which records, data, and information relative to 

10 an offense under chapter 47 of title 10, United 

11 States Code (the Uniform Code of Military Jus12 tice) arising in any component of the Depart13 ment of Defense are consolidated. 

14 (B) RULE OF CONSTRUCTION.—Nothing in 

15 this section shall be construed to prohibit a 

16 component of the Department of Defense from 

17 creating and maintaining a separate mechanism 

18 or process for purposes similar to those de19 scribed under subparagraph (A), provided that 

20 all requisite records, data, and information are 

21 primarily collected and tracked in the ‘‘single 

22 mechanism and process’’ required. 

23 (2) RACE AND ETHNICITY.—For purposes of 

24 ensuring the collection of uniform data points con25 cerning race and ethnicity, the terms ‘‘race’’ and 


Pbinns on DSKJLVW7X2PROD with BILLS
253 

•S 2792 RS

1 ‘‘ethnicity’’ shall have the meanings established for 

2 the terms by the Office of Management and Budget 

3 Statistical Policy Directive No. 15, Race and Ethnic 

4 Standards for Federal Statistics and Administrative 

5 Reporting, or any successor Office of Management 

6 and Budget directive. 

7 SEC. 546. PRIMARY PREVENTION WORKFORCE. 

8 (a) ESTABLISHMENT.—The Secretary of Defense 

9 shall establish a Primary Prevention Workforce to provide 

10 a comprehensive and integrated program across the De11 partment of Defense enterprise for the primary prevention 

12 of interpersonal and self-directed violence, including sex13 ual assault, sexual harassment, domestic violence, child 

14 abuse and maltreatment, problematic juvenile sexual be15 havior, suicide, workplace violence, and substance misuse. 

16 (b) PRIMARY PREVENTION WORKFORCE MODEL.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary of Defense shall submit to the Committee on 

20 Armed Services of the Senate and the Committee on 

21 Armed Services of the House of Representatives a 

22 report setting forth a holistic model for a dedicated 

23 and capable Primary Prevention Workforce in the 

24 Department of Defense. 


Pbinns on DSKJLVW7X2PROD with BILLS
254 

•S 2792 RS

1 (2) ELEMENTS.—The model required under 

2 paragraph (1) shall include the following elements: 

3 (A) A description of Primary Prevention 

4 Workforce roles, responsibilities, and capabili5 ties, including— 

6 (i) the conduct of research and anal7 ysis; 

8 (ii) advising all levels of military com9 manders and leaders; 

10 (iii) designing and writing strategic 

11 and operational primary prevention policies 

12 and programs; 

13 (iv) integrating and analyzing data; 

14 and 

15 (v) implementing, evaluating, and 

16 adapting primary prevention programs and 

17 activities. 

18 (B) The design and structure of the Pri19 mary Prevention Workforce, including— 

20 (i) consideration of military, civilian, 

21 and hybrid manpower options; 

22 (ii) the comprehensive integration of 

23 the workforce from strategic to tactical lev24 els of the Department of Defense and its 

25 components; and 


Pbinns on DSKJLVW7X2PROD with BILLS
255 

•S 2792 RS

1 (iii) mechanisms for individuals in 

2 workforce roles to report to and align with 

3 installation-level and headquarters per4 sonnel. 

5 (C) Strategies, plans, and systematic ap6 proaches for recruiting, credentialing, pro7 moting, and sustaining the diversity of work 

8 force roles comprising a professional workforce 

9 dedicated to primary prevention. 

10 (D) The creation of a professional, primary 

11 prevention credential that standardizes a com12 mon base of education and experience across 

13 the prevention workforce, coupled with knowl14 edge development and skill building require15 ments built into the career cycle of prevention 

16 practitioners such that competencies and exper17 tise increase over time. 

18 (E) Any other matter the Secretary of De19 fense determines necessary and appropriate to 

20 presenting an accurate and complete model of 

21 the Primary Prevention Workforce. 

22 (c) REPORTS.— 

23 (1) IN GENERAL.—Not later than one year 

24 after the date of the enactment of this Act, the Sec25 retaries of the military departments and the Chief of 


Pbinns on DSKJLVW7X2PROD with BILLS
256 

•S 2792 RS

1 the National Guard Bureau each shall submit to the 

2 Committee on Armed Services of the Senate and the 

3 Committee on Armed Services of the House of Rep4 resentatives a report detailing how the military serv5 ices and the National Guard, as applicable, will 

6 adapt and implement the primary prevention work7 force model set forth in the report required under 

8 subsection (b). 

9 (2) ELEMENTS.—Each report submitted under 

10 subsection (a) shall include a description of— 

11 (A) expected milestones to implement the 

12 prevention workforce in the component at issue; 

13 (B) challenges associated with implementa14 tion of the workforce and the strategies for ad15 dressing such challenges; and 

16 (C) additional authorities that may be re17 quired to optimize implementation and oper18 ation of the workforce. 

19 (d) OPERATING CAPABILITY DEADLINE.—The Pri20 mary Prevention Workforce authorized under this section 

21 shall attain initial operating capability in each military de22 partment and military service and in the National Guard 

23 by not later than the effective date specified in section 

24 552. 


Pbinns on DSKJLVW7X2PROD with BILLS
257 

•S 2792 RS

1 SEC. 547. ANNUAL PRIMARY PREVENTION RESEARCH 

2 AGENDA. 

3 (a) IN GENERAL.—Beginning on October 1, 2022, 

4 and annually, on the first day of each fiscal year there5 after, the Secretary of Defense shall publish a Department 

6 of Defense research agenda for that fiscal year, focused 

7 on the primary prevention of interpersonal and self-di8 rected violence, including sexual assault, sexual harass9 ment, domestic violence, child abuse and maltreatment, 

10 problematic juvenile sexual behavior, suicide, workplace vi11 olence, and substance misuse. 

12 (b) ELEMENTS.—Each annual primary prevention re13 search agenda published under subsection (a) shall— 

14 (1) identify research priorities for that fiscal 

15 year; 

16 (2) assign research projects and tasks to the 

17 military departments and other components of the 

18 Department of Defense, as the Secretary of Defense 

19 determines appropriate; 

20 (3) allocate or direct the allocation of appro21 priate resourcing for each such project and task; and 

22 (4) be directive in nature and enforceable 

23 across all components of the Department of Defense, 

24 including with regard to— 

25 (A) providing for timely access to records, 

26 data and information maintained by any compoVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
258 

•S 2792 RS

1 nent of the Department of Defense that may be 

2 required in furtherance of an assigned research 

3 project or task; 

4 (B) ensuring the sharing across all compo5 nents of the Department of Defense of the find6 ings and the outcomes of any research project 

7 or task; and 

8 (C) any other matter determined by the 

9 Secretary of Defense. 

10 (c) GUIDING PRINCIPLES.—The primary prevention 

11 research agenda should, as determined by the Secretary 

12 of Defense— 

13 (1) reflect a preference for research projects 

14 and tasks with the potential to yield or contribute to 

15 the development and implementation of actionable 

16 primary prevention strategies in the Department of 

17 Defense; 

18 (2) be integrated, so as to discover or test 

19 cross-cutting interventions across the spectrum of 

20 interpersonal and self-directed violence; 

21 (3) incorporate collaboration with other Federal 

22 departments and agencies, State governments, aca23 demia, industry, federally funded research and devel24 opment centers, non-profit organizations, and other 


Pbinns on DSKJLVW7X2PROD with BILLS
259 

•S 2792 RS

1 organizations outside of the Department of Defense; 

2 and 

3 (4) minimize unnecessary duplication of effort. 

4 (d) BUDGETING.—The Secretary of Defense shall 

5 create a unique Program Element for and shall prioritize 

6 recurring funding to ensure the continuity of research pur7 suant to the annual primary prevention research agenda. 

8 SEC. 548. FULL FUNCTIONALITY OF CERTAIN ADVISORY 

9 COMMITTEES AND PANELS. 

10 Not later than 30 days after the date of the enact11 ment of this Act, the Secretary of Defense shall establish 

12 or reconstitute, maintain, and ensure the full functionality 

13 of— 

14 (1) the Defense Advisory Committee on the In15 vestigation, Prosecution, and Defense of sexual as16 sault in the Armed Forces, established pursuant to 

17 section 546 of the Carl Levin and Howard P. 

18 ‘‘Buck’’ McKeon National Defense Authorization 

19 Act for Fiscal Year 2015 (Public Law 113–291; 10 

20 U.S.C. 1561 note); 

21 (2) the Defense Advisory Committee for the 

22 Prevention of Sexual Misconduct, established pursu23 ant to section 552 of the National Defense Author24 ization Act for Fiscal Year 2020 (Public Law 116– 

25 92; 10 U.S.C. 1561 note); and 


Pbinns on DSKJLVW7X2PROD with BILLS
260 

•S 2792 RS

1 (3) the Military Justice Review Panel estab2 lished pursuant to section 946 of title 10, United 

3 States Code (article 146 of the Uniform Code of 

4 Military Justice)). 

5 SEC. 549. MILITARY DEFENSE COUNSEL PARITY. 

6 The Secretary of Defense shall— 

7 (1) direct the Secretaries of the military depart8 ments to establish the funding, mechanisms, and 

9 processes required for service military defense coun10 sel to exercise control of their own funds, beginning 

11 not later than one year after the date of the enact12 ment of this Act; 

13 (2) ensure that military defense counsel have 

14 timely and reliable access to and funding for defense 

15 investigators, expert witnesses, trial support, counsel 

16 travel, and other necessary resources; 

17 (3) ensure that military defense counsel detailed 

18 to represent a servicemember accused of a special 

19 victim offense are well-trained and experienced, 

20 highly skilled, and competent in the defense of spe21 cial victim cases; and 

22 (4) take or direct such other actions regarding 

23 military defense counsel as may be warranted in the 

24 interest of the fair administration of justice. 


Pbinns on DSKJLVW7X2PROD with BILLS
261 

•S 2792 RS

1 SEC. 550. RESOURCING. 

2 (a) REPORT REQUIRED.—Not later than March 1, 

3 2022, the Secretary of Defense, shall submit to the Com4 mittee on Armed Services of the Senate and the Com5 mittee on Armed Services of the House of Representatives 

6 a report detailing the resourcing necessary to implement 

7 this part and the amendments made by this part. 

8 (b) ELEMENTS.—The report required under sub9 section (a) shall include the following elements: 

10 (1) The number of additional personnel and 

11 personnel authorizations—military and civilian—re12 quired by the Office of the Secretary of Defense, 

13 each of the military departments, and any other 

14 component of the Department of Defense, to imple15 ment and execute the provisions of this part and the 

16 amendments made by this part by the effective date 

17 specified in section 552. 

18 (2) The basis for the number provided pursuant 

19 to paragraph (1), including the following: informa20 tion 

21 (A) A description of the organizational 

22 structure in which such personnel or groups of 

23 personnel are or will be aligned. 

24 (B) The nature of the duties and functions 

25 to be performed by any such personnel or 

26 groups of personnel across the domains of polVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
262 

•S 2792 RS

1 icy-making, execution, assessment, and over2 sight. 

3 (C) The optimum caseload goal assigned to 

4 the following categories of personnel who are or 

5 will participate in the military justice process: 

6 criminal investigators of different levels and ex7 pertise, laboratory personnel, defense counsel, 

8 special victim prosecutors and assistant special 

9 victim prosecutors, military defense counsel, 

10 military judges, and military magistrates. 

11 (D) Any required increase in the number 

12 of personnel currently authorized in law to be 

13 assigned to the Office of the Secretary of De14 fense and other Department of Defense head15 quarters. 

16 (3) The nature and scope of any contract re17 quired by the Office of the Secretary of Defense, 

18 each of the military departments, and any other 

19 component of the Department of Defense to imple20 ment and execute the provisions of this part and the 

21 amendments made by this part by the effective date 

22 specified in section 552. 

23 (4) The amount and types of additional funding 

24 required by the Department of Defense to imple25 ment the provisions of this part and the amendVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
263 

•S 2792 RS

1 ments made by this part by the effective date speci2 fied. 

3 (5) Any additional authorities required to im4 plement the provisions of this part and the amend5 ments made by this part by the effective date speci6 fied. 

7 (6) Any additional information the Secretary of 

8 Defense determines is necessary to ensure the man9 ning, equipping, and resourcing of the Department 

10 of Defense to implement and execute the provisions 

11 of this part and the amendments made by this part. 

12 SEC. 551. APPLICABILITY TO THE UNITED STATES COAST 

13 GUARD. 

14 The Secretary of Defense shall consult and enter into 

15 an agreement with the Secretary of Homeland Security 

16 to apply the provisions of this part and the amendments 

17 made by this part, and the policies, mechanisms, and proc18 esses established pursuant to such provisions, to the 

19 United States Coast Guard when it is operating as a serv20 ice in the Department of Homeland Security. 

21 SEC. 552. EFFECTIVE DATE. 

22 (a) IN GENERAL.—The amendments made by this 

23 part shall take effect on the date that is two years after 

24 the date of the enactment of this Act and shall apply with 

25 respect to offenses that occur after that date. 


Pbinns on DSKJLVW7X2PROD with BILLS
264 

•S 2792 RS

1 (b) REGULATIONS.— 

2 (1) REQUIREMENT.—The President shall pre3 scribe regulations to carry out this part, including 

4 the regulations setting forth the sentencing param5 eters and guidelines required under section 544(e), 

6 and the amendments made by this part not later 

7 than two years after the date of the enactment of 

8 this Act. 

9 (2) IMPACT OF DELAY OF ISSUANCE.—If the 

10 President does not prescribe regulations to carry out 

11 this part, including the regulations setting forth the 

12 sentencing parameters and guidelines required under 

13 section 544(e), before the date that is two years 

14 after the date of the enactment of this Act, the 

15 amendments made by this part shall take effect on 

16 the date on which such regulations are prescribed 

17 and shall apply with respect to offenses that occur 

18 on or after that date. 

19 PART II—MILITARY JUSTICE IMPROVEMENT AND 

20 INCREASING PREVENTION 

21 SEC. 561. SHORT TITLE. 

22 This part may be cited as the ‘‘Military Justice Im23 provement and Increasing Prevention Act of 2021’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
265 

•S 2792 RS

1 SEC. 562. IMPROVEMENT OF DETERMINATIONS ON DIS2 POSITION OF CHARGES FOR CERTAIN OF3 FENSES UNDER UCMJ WITH AUTHORIZED 

4 MAXIMUM SENTENCE OF CONFINEMENT OF 

5 MORE THAN ONE YEAR. 

6 (a) IMPROVEMENT OF DETERMINATIONS.— 

7 (1) MILITARY DEPARTMENTS.—With respect to 

8 charges under chapter 47 of title 10, United States 

9 Code (the Uniform Code of Military Justice), that 

10 allege an offense specified in subsection (b) and not 

11 excluded under subsection (c), the Secretary of De12 fense shall require the Secretaries of the military de13 partments to provide as described in subsection (d) 

14 for the determinations as follows: 

15 (A) Determinations under section 830 of 

16 such chapter (article 30 of the Uniform Code of 

17 Military Justice) on the preferral of charges. 

18 (B) Determinations under section 830 of 

19 such chapter (article 30 of the Uniform Code of 

20 Military Justice) on the disposition of charges. 

21 (C) Determinations under section 834 of 

22 such chapter (article 34 of the Uniform Code of 

23 Military Justice) on the referral of charges. 

24 (2) HOMELAND SECURITY.—With respect to 

25 charges under chapter 47 of title 10, United States 

26 Code (the Uniform Code of Military Justice), that 


Pbinns on DSKJLVW7X2PROD with BILLS
266 

•S 2792 RS

1 allege an offense specified in subsection (b) and not 

2 excluded under subsection (c) against a member of 

3 the Coast Guard (when it is not operating as a serv4 ice in the Navy), the Secretary of Homeland Secu5 rity shall provide as described in subsection (d) for 

6 the determinations as follows: 

7 (A) Determinations under section 830 of 

8 such chapter (article 30 of the Uniform Code of 

9 Military Justice) on the preferral of charges. 

10 (B) Determinations under section 830 of 

11 such chapter (article 30 of the Uniform Code of 

12 Military Justice) on the disposition of charges. 

13 (C) Determinations under section 834 of 

14 such chapter (article 34 of the Uniform Code of 

15 Military Justice) on the referral of charges. 

16 (3) RULE OF CONSTRUCTION.—This section 

17 shall not be construed to terminate or otherwise 

18 alter the authorities enumerated in any articles of 

19 the Uniform Code of Military Justice other than ar20 ticles 30 and 34 (10 U.S.C. 830, 834). 

21 (b) COVERED OFFENSES.—An offense specified in 

22 this subsection is an offense as follows: 

23 (1)(A) Offenses under the following sections of 

24 chapter 47 of title 10, United States Code (the Uni25 form Code of Military Justice), for which the maxVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
267 

•S 2792 RS

1 imum punishment authorized under that chapter in2 cludes confinement for more than one year: sections 

3 893a, 917a, 918, 919, 919a, 919b, 920, 920a, 920b, 

4 920c, 921, 921a, 921b, 922, 924, 924a, 924b, 925, 

5 926, 927, 928(b) and (c), 928a, 928b, 930, 931, 

6 931a, 931b, 931c, 931d, 931e, 931f, 931g, and 932 

7 (articles 93a, 117a, 118, 119, 119a, 119b, 120, 

8 120a, 120b, 120c, 121, 121a, 121b, 122, 124, 124a, 

9 124b, 125, 126, 127, 128(b) and (c), 128a, 128b, 

10 130, 131, 131a, 131b, 131c, 131d, 131e, 131f, 

11 131g, and 132, respectively, of the Uniform Code of 

12 Military Justice). 

13 (B) The offenses of child pornography, neg14 ligent homicide, indecent conduct, indecent language 

15 communicated to any child under the age of 16 

16 years, and pandering and prostitution, as punishable 

17 under the general punitive article in 934 of such 

18 title (article 134 of the Uniform Code of Military 

19 Justice). 

20 (2) A conspiracy to commit an offense specified 

21 in paragraph (1) as punishable under section 881 of 

22 title 10, United States Code (article 81 of the Uni23 form Code of Military Justice). 

24 (3) A solicitation to commit an offense specified 

25 in paragraph (1) as punishable under section 882 of 


Pbinns on DSKJLVW7X2PROD with BILLS
268 

•S 2792 RS

1 title 10, United States Code (article 82 of the Uni2 form Code of Military Justice). 

3 (4) An attempt to commit an offense specified 

4 in paragraph (1) as punishable under section 880 of 

5 title 10, United States Code (article 80 of the Uni6 form Code of Military Justice). 

7 (c) EXCLUDED OFFENSES.—Subsection (a) does not 

8 apply to an offense as follows: 

9 (1) An offense under sections 883 through 917 

10 of title 10, United States Code (articles 83 through 

11 117 of the Uniform Code of Military Justice), but 

12 not an offense under section 893a of such title (arti13 cle 93a of the Uniform Code of Military Justice). 

14 (2) An offense under section 922a, 923, 923a, 

15 or 928(a) of title 10, United States Code (articles 

16 122a, 123, 123a, and 128(a) of the Uniform Code 

17 of Military Justice). 

18 (3) An offense under section 933 or 934 of title 

19 10, United States Code (articles 133 and 134 of the 

20 Uniform Code of Military Justice), but not the of21 fense of child pornography, negligent homicide, inde22 cent conduct, indecent language communicated to 

23 any child under the age of 16 years, or pandering 

24 and prostitution as punishable under the general puVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
269 

•S 2792 RS

1 nitive article in section 934 of such title (article 134 

2 of the Uniform Code of Military Justice). 

3 (4) A conspiracy to commit an offense specified 

4 in paragraphs (1) through (3) as punishable under 

5 section 881 of title 10, United States Code (article 

6 81 of the Uniform Code of Military Justice). 

7 (5) A solicitation to commit an offense specified 

8 in paragraphs (1) through (3) as punishable under 

9 section 882 of title 10, United States Code (article 

10 82 of the Uniform Code of Military Justice). 

11 (6) An attempt to commit an offense specified 

12 in paragraphs (1) through (3) as punishable under 

13 section 880 of title 10, United States Code (article 

14 80 of the Uniform Code of Military Justice). 

15 (d) REQUIREMENTS AND LIMITATIONS.—The dis16 position of charges covered by subsection (a) shall be sub17 ject to the following: 

18 (1) The determination whether to cause charges 

19 to be preferred or refer such charges to a court-mar20 tial for trial, as applicable, shall be made by a com21 missioned officer of the Armed Forces designated as 

22 a court-martial convening authority in accordance 

23 with regulations prescribed for purposes of this sub24 section from among commissioned officers of the 

25 Armed Forces in grade O–6 or higher who— 


Pbinns on DSKJLVW7X2PROD with BILLS
270 

•S 2792 RS

1 (A) are available for detail as trial counsel 

2 under section 827 of title 10, United States 

3 Code (article 27 of the Uniform Code of Mili4 tary Justice); 

5 (B) have significant experience in trials by 

6 general or special court-martial; and 

7 (C) are outside the chain of command of 

8 the member subject to such charges. 

9 (2) Upon a determination under paragraph (1) 

10 to refer charges to a court-martial for trial, the offi11 cer making that determination shall determine 

12 whether to refer such charges for trial by a general 

13 court-martial convened under section 822 of title 10, 

14 United States Code (article 22 of the Uniform Code 

15 of Military Justice), or a special court-martial con16 vened under section 823 of title 10, United States 

17 Code (article 23 of the Uniform Code of Military 

18 Justice). 

19 (3) A determination under paragraph (1) to 

20 cause charges to be preferred or refer charges to a 

21 court-martial for trial, as applicable, shall cover all 

22 known offenses, including lesser included offenses. 

23 (4) The determination to cause charges to be 

24 preferred or refer charges to a court-martial for 

25 trial, as applicable, under paragraph (1), and the 


Pbinns on DSKJLVW7X2PROD with BILLS
271 

•S 2792 RS

1 type of court-martial to which to refer under para2 graph (2), shall be binding on any applicable con3 vening authority for the referral of such charges. 

4 (5) The actions of an officer described in para5 graph (1) in determining under that paragraph 

6 whether or not to cause charges to be preferred or 

7 refer charges to a court-martial for trial, as applica8 ble, shall be free of unlawful or unauthorized influ9 ence or coercion. 

10 (6) The determination under paragraph (1) not 

11 to refer charges to a general or special court-martial 

12 for trial shall not operate to terminate or otherwise 

13 alter the authority of commanding officers to refer 

14 charges for trial by special court-martial under sec15 tion 823 of title 10, United States Code (article 23 

16 of the Uniform Code of Military Justice) or sum17 mary court-martial convened under section 824 of 

18 title 10, United States Code (article 24 of the Uni19 form Code of Military Justice), or to impose non-ju20 dicial punishment in connection with the conduct 

21 covered by such charges as authorized by section 

22 815 of title 10, United States Code (article 15 of the 

23 Uniform Code of Military Justice). 

24 (7) The determination under paragraph (1) to 

25 refer charges to a general or special court-martial 


Pbinns on DSKJLVW7X2PROD with BILLS
272 

•S 2792 RS

1 shall not be subject to section 834 of title 10, United 

2 States Code (article 34 of the Uniform Code of Mili3 tary Justice), provided that the officer making the 

4 determination determines that— 

5 (A) the specification alleges an offense 

6 under the Uniform Code of Military Justice; 

7 (B) there is probable cause to believe that 

8 the accused committed the offense charged; and 

9 (C) a court-martial would have jurisdiction 

10 over the accused and the offense. 

11 (e) CONSTRUCTION WITH CHARGES ON OTHER OF12 FENSES.—Nothing in this section shall be construed to 

13 alter or affect the preferral, disposition, or referral author14 ity of charges under chapter 47 of title 10, United States 

15 Code (the Uniform Code of Military Justice), that allege 

16 an offense for which the maximum punishment authorized 

17 under that chapter includes confinement for one year or 

18 less, except for the offenses of child pornography, neg19 ligent homicide, indecent conduct, indecent language com20 municated to any child under the age of 16 years, and 

21 pandering and prostitution as punishable under the gen22 eral punitive article in section 934 of such title (article 

23 134 of the Uniform Code of Military Justice). 

24 (f) POLICIES AND PROCEDURES.— 


Pbinns on DSKJLVW7X2PROD with BILLS
273 

•S 2792 RS

1 (1) IN GENERAL.—The Secretaries of the mili2 tary departments and the Secretary of Homeland 

3 Security (with respect to the Coast Guard when it 

4 is not operating as a service in the Navy) shall re5 vise policies and procedures as necessary to comply 

6 with this section. 

7 (2) UNIFORMITY.—The General Counsel of the 

8 Department of Defense and the General Counsel of 

9 the Department of Homeland Security shall jointly 

10 review the policies and procedures revised under this 

11 subsection in order to ensure that any lack of uni12 formity in policies and procedures, as so revised, 

13 among the military departments and the Depart14 ment of Homeland Security does not render uncon15 stitutional any policy or procedure, as so revised. 

16 (g) MANUAL FOR COURTS-MARTIAL.—The Secretary 

17 of Defense shall recommend such changes to the Manual 

18 for Courts-Martial as are necessary to ensure compliance 

19 with this section. 

20 (h) IMPROVED SPECIALIZATION OF CRIMINAL INVES21 TIGATORS.—The Secretary of Defense shall revise policies 

22 and procedures as necessary to improve specialization of 

23 criminal investigators to help increase the efficiency and 

24 effectiveness of sexual assault and domestic violence inves25 tigations. 


Pbinns on DSKJLVW7X2PROD with BILLS
274 

•S 2792 RS

1 SEC. 563. MODIFICATION OF OFFICERS AUTHORIZED TO 

2 CONVENE GENERAL AND SPECIAL COURTS3 MARTIAL FOR CERTAIN OFFENSES UNDER 

4 UCMJ WITH AUTHORIZED MAXIMUM SEN5 TENCE OF CONFINEMENT OF MORE THAN 

6 ONE YEAR. 

7 (a) IN GENERAL.—Subsection (a) of section 822 of 

8 title 10, United States Code (article 22 of the Uniform 

9 Code of Military Justice), is amended— 

10 (1) by redesignating paragraphs (8) and (9) as 

11 paragraphs (9) and (10), respectively; and 

12 (2) by inserting after paragraph (7) the fol13 lowing new paragraph (8): 

14 ‘‘(8) with respect to offenses to which section 

15 562(a) of the Military Justice Improvement and In16 creasing Prevention Act of 2021 applies, the officers 

17 in the offices established pursuant to section 563(c) 

18 of that Act or officers in the grade of O–6 or higher 

19 who are assigned such responsibility by the Chief of 

20 Staff of the Army, the Chief of Naval Operations, 

21 the Chief of Staff of the Air Force, the Com22 mandant of the Marine Corps, or the Commandant 

23 of the Coast Guard;’’. 

24 (b) NO EXERCISE BY OFFICERS IN CHAIN OF COM25 MAND OF ACCUSED OR VICTIM.—Such section (article) is 


Pbinns on DSKJLVW7X2PROD with BILLS
275 

•S 2792 RS

1 further amended by adding at the end the following new 

2 subsection: 

3 ‘‘(c) An officer specified in subsection (a)(8) may not 

4 convene a court-martial under this section if the officer 

5 is in the chain of command of the accused or the victim.’’. 

6 (c) OFFICES OF CHIEFS OF STAFF ON COURTS-MAR7 TIAL.— 

8 (1) OFFICES REQUIRED.—Each Chief of Staff 

9 of the Armed Forces or Commandant specified in 

10 paragraph (8) of section 822(a) of title 10, United 

11 States Code (article 22(a) of the Uniform Code of 

12 Military Justice), as amended by subsection (a), 

13 shall establish an office to do the following: 

14 (A) To convene general and special courts15 martial under sections 822 and 823 of title 10, 

16 United States Code (articles 22 and 23 of the 

17 Uniform Code of Military Justice), pursuant to 

18 paragraph (8) of section 822(a) of title 10, 

19 United States Code (article 22(a) of the Uni20 form Code of Military Justice), as so amended, 

21 with respect to offenses to which section 562(a) 

22 applies. 

23 (B) To detail under section 825 of title 10, 

24 United States Code (article 25 of the Uniform 

25 Code of Military Justice), members of courtsVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
276 

•S 2792 RS

1 martial convened as described in subparagraph 

2 (A). 

3 (2) PERSONNEL.—The personnel of each office 

4 established under paragraph (1) shall consist of such 

5 members of the Armed Forces and civilian personnel 

6 of the Department of Defense, or such members of 

7 the Coast Guard or civilian personnel of the Depart8 ment of Homeland Security, as may be detailed or 

9 assigned to the office by the Chief of Staff or Com10 mandant concerned. The members and personnel so 

11 detailed or assigned, as the case may be, shall be de12 tailed or assigned from personnel billets in existence 

13 as of the effective date for this part specified in sec14 tion 570. 

15 SEC. 564. DISCHARGE USING OTHERWISE AUTHORIZED 

16 PERSONNEL AND RESOURCES. 

17 (a) IN GENERAL.—The Secretaries of the military 

18 departments and the Secretary of Homeland Security 

19 (with respect to the Coast Guard when it is not operating 

20 as a service in the Navy) shall carry out sections 562 and 

21 563 using personnel, funds, and resources otherwise au22 thorized by law. 

23 (b) NO AUTHORIZATION OF ADDITIONAL PER24 SONNEL OR RESOURCES.—Sections 562 and 563 shall not 

25 be construed as authorizations for personnel, personnel 


Pbinns on DSKJLVW7X2PROD with BILLS
277 

•S 2792 RS

1 billets, or funds for the discharge of the requirements in 

2 such sections. 

3 SEC. 565. MONITORING AND ASSESSMENT OF MODIFICA4 TION OF AUTHORITIES BY DEFENSE ADVI5 SORY COMMITTEE ON INVESTIGATION, PROS6 ECUTION, AND DEFENSE OF SEXUAL AS7 SAULT IN THE ARMED FORCES. 

8 Section 546(c) of the Carl Levin and Howard P. 

9 ‘‘Buck’’ McKeon National Defense Authorization Act for 

10 Fiscal Year 2015 (10 U.S.C. 1561 note) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘on the investigation’’ and 

13 inserting ‘‘on the following: 

14 ‘‘(A) The investigation’’; and 

15 (B) by adding at the end the following new 

16 subparagraph: 

17 ‘‘(B) The implementation and efficacy of 

18 sections 562 through 564 of the Military Jus19 tice Improvement and Increasing Prevention 

20 Act of 2021 and the amendments made by such 

21 sections.’’; and 

22 (2) in paragraph (2), by striking ‘‘paragraph 

23 (1)’’ and inserting ‘‘paragraph (1)(A)’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
278 

•S 2792 RS

1 SEC. 566. LIMITATION ON MODIFICATIONS TO SEXUAL AS2 SAULT REPORTING PROCEDURES. 

3 (a) IN GENERAL.—The Secretary of Defense may not 

4 amend section 4 of enclosure 4 of Department of Defense 

5 Instruction (DoDI) 6495.02, relating to Sexual Assault 

6 Prevention and Response (SAPR) Program Procedures, or 

7 otherwise prescribe any regulations or guidance relating 

8 to the treatment and handling of unrestricted and re9 stricted reports of sexual assault, until 30 days after noti10 fying the congressional defense committees of the pro11 posed amendment or modification. 

12 (b) CONGRESSIONAL DEFENSE COMMITTEES DE13 FINED.—In this section, the term ‘‘congressional defense 

14 committees’’ has the meaning given the term in section 

15 101(a) of title 10, United States Code. 

16 SEC. 567. PROFESSIONALIZATION OF MILITARY PROSECU17 TORS. 

18 (a) IN GENERAL.—The Secretary of Defense shall in19 crease enhanced and specialized training to certain pros20 ecutors on the proper conduct, presentation, and handling 

21 of sexual assault and domestic violence cases. 

22 (b) REPORT.—Not later than 180 days after the date 

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

24 shall submit to the congressional defense committees a re25 port on the program implemented under subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
279 

•S 2792 RS

1 SEC. 568. INCREASED TRAINING AND EDUCATION ON MILI2 TARY SEXUAL ASSAULT. 

3 (a) UNIFORMED OFFICERS AND SENIOR ENLISTED

4 LEADERS.— 

5 (1) UNIFORMED OFFICERS.—All uniformed offi6 cers of the military services shall be required within 

7 2 years of the date of the enactment of this Act to 

8 complete training on military sexual assault preven9 tion equivalent to that provided to Sexual Assault 

10 Prevention and Response Victim Advocates before 

11 those officers may be considered for promotion to a 

12 grade at or above O–5. A portion of this training 

13 shall be in-person, facilitated training. 

14 (2) ENLISTED LEADERS.—All senior enlisted 

15 leaders of the military services will be required with16 in 2 years of the date of the enactment of this Act 

17 to complete a training on military sexual assault 

18 prevention equivalent to that provided to the Sexual 

19 Assault Prevention and Response Victim Advocates 

20 before enlisted service members may be considered 

21 for promotion to a grade at or above E–9. A portion 

22 of this training shall be in-person, facilitated train23 ing. 

24 (b) OFFICER CANDIDATES AND ROTC.— 

25 (1) IN GENERAL.—The United States Army 

26 Cadet Command, the Naval Education and Training 


Pbinns on DSKJLVW7X2PROD with BILLS
280 

•S 2792 RS

1 Command, the Air Education and Training Com2 mand, and the Coast Guard Recruiting Command 

3 shall carry out a program for increasing training on 

4 the prevention of military sexual assault within cadet 

5 ranks. A portion of this training shall be in-person, 

6 facilitated training. 

7 (2) REPORT ON DEVELOPMENT OF PLAN.—Not 

8 later than 180 days after the date of the enactment 

9 of this Act, the United States Army Cadet Com10 mand, the Naval Education and Training Command, 

11 the Air Education and Training Command, and the 

12 Coast Guard Recruiting Command shall submit to 

13 the congressional defense committees a report on the 

14 development of the program required under para15 graph (1) and a plan for execution. 

16 (3) REPORT ON IMPLEMENTATION.—Not later 

17 than 2 years after the date of the enactment of this 

18 Act, the United States Army Cadet Command, the 

19 Naval Education and Training Command, the Air 

20 Education and Training Command, and the Coast 

21 Guard Recruiting Command shall submit to the con22 gressional defense committees a report on the imple23 mentation of the program required under paragraph 

24 (1). 

25 (c) MILITARY SERVICE ACADEMIES.— 


Pbinns on DSKJLVW7X2PROD with BILLS
281 

•S 2792 RS

1 (1) IN GENERAL.—The Superintendents of the 

2 military service academies shall carry out additional 

3 military sexual assault prevent training and edu4 cation at the academies. A portion of this training 

5 shall be in-person, facilitated training. 

6 (2) REPORT.—The Secretary of Defense, in 

7 consultation with the Superintendents of the military 

8 service academies, shall submit a report to the con9 gressional defense committees describing the addi10 tional training and education implemented pursuant 

11 to paragraph (1). 

12 SEC. 569. INCREASING THE PHYSICAL SECURITY OF MILI13 TARY INSTALLATIONS. 

14 (a) SURVEY.—Not later than 180 days after the date 

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

16 shall conduct a survey of all lodging and living spaces on 

17 military installations to identify, replace, or repair locking 

18 mechanisms on points of entry, identify areas of installa19 tion of closed-circuit television (CCTV) security cameras, 

20 and other passive security measures as necessary to in21 crease the prevention of crimes, including sexual assault, 

22 on military installations. 

23 (b) REPORT.—Not later than 180 days after the date 

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

25 shall submit to the congressional defense committees a reVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
282 

•S 2792 RS

1 port on the results of the survey conducted under sub2 section (a). 

3 (c) PROGRAM.—Based on the results of the survey 

4 conducted under subsection (a), the Secretary of Defense 

5 shall carry out a program for increasing the security of 

6 all lodging and living spaces on military installations, in7 cluding replacing or repairing locking mechanisms on 

8 points of entry, installation of CCTV security cameras, 

9 and other passive security measures as necessary to in10 crease the prevention of crimes, including sexual assault, 

11 on military installations. 

12 SEC. 570. EFFECTIVE DATE AND APPLICABILITY. 

13 (a) EFFECTIVE DATE AND APPLICABILITY.—This 

14 part and the amendments made by this part shall take 

15 effect 180 days after the date of the enactment of this 

16 Act, and shall apply with respect to any allegation of 

17 charges of an offense specified in subsection (b) of section 

18 562, and not excluded under subsection (c) of section 562, 

19 which offense occurs on or after such effective date. 

20 (b) REVISIONS OF POLICIES AND PROCEDURES.— 

21 Any revision of policies and procedures required of the 

22 military departments or the Department of Homeland Se23 curity as a result of this part and the amendments made 

24 by this part shall be completed so as to come into effect 

25 together with the coming into effect of this part and the 


Pbinns on DSKJLVW7X2PROD with BILLS
283 

•S 2792 RS

1 amendments made by this part in accordance with sub2 section (a). 

3 Subtitle E—Member Education, 

4 Training, and Transition 

5 SEC. 571. MODIFICATION OF GRANT PROGRAM SUP6 PORTING SCIENCE, TECHNOLOGY, ENGI7 NEERING, AND MATH EDUCATION IN THE 

8 JUNIOR RESERVE OFFICERS’ TRAINING 

9 CORPS TO INCLUDE QUANTUM INFORMATION 

10 SCIENCES. 

11 Section 2036(g)(2) of title 10, United States Code, 

12 as added by section 513(a) of the William M. (Mac) 

13 Thornberry National Defense Authorization Act for Fiscal 

14 Year 2021 (Public Law 116–283), is amended— 

15 (1) by redesignating subparagraphs (J) through 

16 (M) as subparagraphs (K) through (N), respectively; 

17 and 

18 (2) by inserting after subparagraph (I) the fol19 lowing new subparagraph: 

20 ‘‘(J) quantum information sciences;’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
284 

•S 2792 RS

1 SEC. 572. ALLOCATION OF AUTHORITY FOR NOMINATIONS 

2 TO THE MILITARY SERVICE ACADEMIES IN 

3 THE EVENT OF THE DEATH, RESIGNATION, 

4 OR EXPULSION FROM OFFICE OF A MEMBER 

5 OF CONGRESS. 

6 (a) UNITED STATES MILITARY ACADEMY.— 

7 (1) IN GENERAL.—Chapter 753 of title 10, 

8 United States Code, is amended by inserting after 

9 section 7442 the following new section: 

10 ‘‘§ 7442a. Cadets: nomination in event of death, res11 ignation, or expulsion from office of 

12 member of Congress otherwise author13 ized to nominate 

14 ‘‘(a) SENATORS.—In the event a Senator does not 

15 submit nominations for cadets for an academic year in ac16 cordance with section 7442(a)(3) of this title due to death, 

17 resignation from office, or expulsion from office and the 

18 date of the swearing-in of the Senator’s successor as Sen19 ator occurs after the date of the deadline for submittal 

20 of nominations for cadets for the academic year, the nomi21 nations for cadets otherwise authorized to be made by the 

22 Senator pursuant to such section shall be made instead 

23 by the other Senator from the State concerned. 

24 ‘‘(b) REPRESENTATIVES.—In the event a Representa25 tive from a State does not submit nominations for cadets 

26 for an academic year in accordance with section 


Pbinns on DSKJLVW7X2PROD with BILLS
285 

•S 2792 RS

1 7442(a)(4) of this title due to death, resignation from of2 fice, or expulsion from office and the date of the swearing3 in of the Representative’s successor as Representative oc4 curs after the date of the deadline for submittal of nomi5 nations for cadets for the academic year, the nominations 

6 for cadets otherwise authorized to be made by the Rep7 resentative pursuant to such section shall be made instead 

8 by the Senators from the State from the district of the 

9 Representative, with such nominations divided equally 

10 among such Senators and any remainder going to the sen11 ior Senator from the State. 

12 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina13 tion for cadets made by a Senator pursuant to this section 

14 is in addition to any nomination for cadets otherwise au15 thorized the Senator under section 7442 of this title or 

16 any other provision of law.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 753 of such title 

19 is amended by inserting after the item relating to 

20 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.’’. 

21 (b) UNITED STATES NAVAL ACADEMY.— 

22 (1) IN GENERAL.—Chapter 853 of title 10, 

23 United States Code, is amended by inserting after 

24 section 8454 the following new section: 


Pbinns on DSKJLVW7X2PROD with BILLS
286 

•S 2792 RS

1 ‘‘§ 8454a. Midshipmen: nomination in event of death, 

2 resignation, or expulsion from office of 

3 member of Congress otherwise author4 ized to nominate 

5 ‘‘(a) SENATORS.—In the event a Senator does not 

6 submit nominations for midshipmen for an academic year 

7 in accordance with section 8454(a)(3) of this title due to 

8 death, resignation from office, or expulsion from office and 

9 the date of the swearing-in of the Senator’s successor as 

10 Senator occurs after the date of the deadline for submittal 

11 of nominations for midshipmen for the academic year, the 

12 nominations for midshipmen otherwise authorized to be 

13 made by the Senator pursuant to such section shall be 

14 made instead by the other Senator from the State con15 cerned. 

16 ‘‘(b) REPRESENTATIVES.—In the event a Representa17 tive from a State does not submit nominations for mid18 shipmen for an academic year in accordance with section 

19 8454(a)(4) of this title due to death, resignation from of20 fice, or expulsion from office and the date of the swearing21 in of the Representative’s successor as Representative oc22 curs after the date of the deadline for submittal of nomi23 nations for midshipmen for the academic year, the nomi24 nations for midshipmen otherwise authorized to be made 

25 by the Representative pursuant to such section shall be 

26 made instead by the Senators from the State from the 


Pbinns on DSKJLVW7X2PROD with BILLS
287 

•S 2792 RS

1 district of the Representative, with such nominations di2 vided equally among such Senators and any remainder 

3 going to the senior Senator from the State. 

4 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina5 tion for midshipmen made by a Senator pursuant to this 

6 section is in addition to any nomination for midshipmen 

7 otherwise authorized the Senator under section 8454 of 

8 this title or any other provision of law.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 853 of such title 

11 is amended by inserting after the item relating to 

12 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.’’. 

13 (c) AIR FORCE ACADEMY.— 

14 (1) IN GENERAL.—Chapter 953 of title 10, 

15 United States Code, is amended by inserting after 

16 section 9442 the following new section: 

17 ‘‘§ 9442a. Cadets: nomination in event of death, res18 ignation, or expulsion from office of 

19 member of Congress otherwise author20 ized to nominate 

21 ‘‘(a) SENATORS.—In the event a Senator does not 

22 submit nominations for cadets for an academic year in ac23 cordance with section 9442(a)(3) of this title due to death, 

24 resignation from office, or expulsion from office and the 


Pbinns on DSKJLVW7X2PROD with BILLS
288 

•S 2792 RS

1 date of the swearing-in of the Senator’s successor as Sen2 ator occurs after the date of the deadline for submittal 

3 of nominations for cadets for the academic year, the nomi4 nations for cadets otherwise authorized to be made by the 

5 Senator pursuant to such section shall be made instead 

6 by the other Senator from the State concerned. 

7 ‘‘(b) REPRESENTATIVES.—In the event a Representa8 tive from a State does not submit nominations for cadets 

9 for an academic year in accordance with section 

10 9442(a)(4) of this title due to death, resignation from of11 fice, or expulsion from office and the date of the swearing12 in of the Representative’s successor as Representative oc13 curs after the date of the deadline for submittal of nomi14 nations for cadets for the academic year, the nominations 

15 for cadets otherwise authorized to be made by the Rep16 resentative pursuant to such section shall be made instead 

17 by the Senators from the State from the district of the 

18 Representative, with such nominations divided equally 

19 among such Senators and any remainder going to the sen20 ior Senator from the State. 

21 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina22 tion for cadets made by a Senator pursuant to this section 

23 is in addition to any nomination of cadets otherwise au24 thorized the Senator under section 9442 of this title or 

25 any other provision of law.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
289 

•S 2792 RS

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 953 of such title 

3 is amended by inserting after the item relating to 

4 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.’’. 

5 SEC. 573. TROOPS-TO-TEACHERS PROGRAM. 

6 (a) REQUIREMENT TO CARRY OUT PROGRAM.—Sec7 tion 1154(b) of title 10, United States Code, is amended 

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

9 (b) REPORTING REQUIREMENT.—Section 1154 of 

10 title 10, United States Code, is amended— 

11 (1) by redesignating subsection (i) as subsection 

12 (j); and 

13 (2) by inserting after subsection (h) the fol14 lowing new subsection: 

15 ‘‘(i) ANNUAL REPORT.—(1) Not later than December 

16 1, 2022, and annually thereafter, the Secretary of Defense 

17 shall submit to the appropriate congressional committees 

18 a report on the Program. 

19 ‘‘(2) The report required under paragraph (1) shall 

20 include the following elements: 

21 ‘‘(A) The total cost of the Program for the 

22 most recent fiscal year. 


Pbinns on DSKJLVW7X2PROD with BILLS
290 

•S 2792 RS

1 ‘‘(B) The total number of teachers placed dur2 ing such fiscal year and the locations of such place3 ments. 

4 ‘‘(C) An assessment of the STEM backgrounds 

5 of the teachers placed, the number of placements in 

6 high-need schools, and any other metric or informa7 tion the Secretary considers appropriate to illustrate 

8 the cost and benefits of the program to members of 

9 the armed forces, veterans, and local educational 

10 agencies. 

11 ‘‘(3) In this subsection, the term ‘appropriate con12 gressional committees’ means— 

13 ‘‘(A) the Committee on Armed Services and the 

14 Committee on Help, Education, Labor, and Pensions 

15 of the Senate; and 

16 ‘‘(B) the Committee on Armed Services and the 

17 Committee on Education and Labor of the House of 

18 Representatives.’’. 

19 (c) SUNSET.—Section 1154 of title 10, United States 

20 Code, as amended by subsection (b), is further amended 

21 by adding at the end the following new subsection: 

22 ‘‘(k) SUNSET.—The Program shall terminate on July 

23 1, 2025, with respect to the selection of new participants 

24 for the program. Participants in the Program as of that 


Pbinns on DSKJLVW7X2PROD with BILLS
291 

•S 2792 RS

1 date may complete their program, and remain eligible for 

2 benefits under this section.’’. 

3 SEC. 574. COMBATING FOREIGN MALIGN INFLUENCE. 

4 Section 589E of the William M. (Mac) Thornberry 

5 National Defense Authorization Act for Fiscal Year 2021 

6 (Public Law 116–283) is amended— 

7 (1) by striking subsections (d) and (e); and 

8 (2) by inserting after subsection (c) the fol9 lowing new subsections: 

10 ‘‘(d) ESTABLISHMENT OF WORKING GROUP.—(1) 

11 Not later than one year after the date of the enactment 

12 of this subsection, the Secretary of Defense shall establish 

13 a working group to assist the official designated under 

14 subsection (b), as follows: 

15 ‘‘(A) In the identification of mediums used by 

16 covered foreign countries to identify, access, and en17 deavor to influence servicemembers and Department 

18 of Defense civilian employees through foreign malign 

19 influence campaigns and the themes conveyed 

20 through such mediums. 

21 ‘‘(B) In coordinating and integrating the train22 ing program under this subsection in order to en23 hance and strengthen servicemember and Depart24 ment of Defense civilian employee awareness of and 


Pbinns on DSKJLVW7X2PROD with BILLS
292 

•S 2792 RS

1 defenses against foreign malign influence, including 

2 by bolstering information literacy. 

3 ‘‘(C) In such other tasks deemed appropriate by 

4 the Secretary of Defense or the official designated 

5 under subsection (b). 

6 ‘‘(2) The official designed under subsection (b) and 

7 the working group established under this subsection shall 

8 consult with the Foreign Malign Influence Response Cen9 ter established pursuant to section 3059 of title 50, United 

10 States Code. 

11 ‘‘(e) REPORT REQUIRED.—Not later than 18 months 

12 after the establishment of the working group, the Sec13 retary shall submit to the Committees on Armed Services 

14 of the Senate and the House of Representatives a report 

15 on the results of the working group, its activities, the ef16 fectiveness of the counter foreign malign influence activi17 ties carried out under this section, the metrics applied to 

18 determined effectiveness, and the actual costs associated 

19 with actions undertaken pursuant to this section. 

20 ‘‘(f) DEFINITIONS.—In this section: 

21 ‘‘(1) FOREIGN MALIGN INFLUENCE.—The term 

22 ‘foreign malign influence’ has the meaning given 

23 that term in section 119C of the National Security 

24 Act of 1947 (50 U.S.C. 3059). 


Pbinns on DSKJLVW7X2PROD with BILLS
293 

•S 2792 RS

1 ‘‘(2) COVERED FOREIGN COUNTRY.—The term 

2 ‘covered foreign country’ has the meaning given that 

3 term in section 119C of the National Security Act 

4 of 1947 (50 U.S.C. 3059) 

5 ‘‘(3) INFORMATION LITERACY.—The term ‘in6 formation literacy’ means the set of skills needed to 

7 find, retrieve, understand, evaluate, analyze, and ef8 fectively use information (which encompasses spoken 

9 and broadcast words and videos, printed materials, 

10 and digital content, data, and images).’’. 

11 SEC. 575. PROHIBITION ON IMPLEMENTATION BY UNITED 

12 STATES AIR FORCE ACADEMY OF CIVILIAN 

13 FACULTY TENURE SYSTEM. 

14 The Secretary of Defense may not implement a civil15 ian faculty tenure system for the United States Air Force 

16 Academy (in this section referred to as the ‘‘Academy’’) 

17 until the Secretary submits to the Committees on Armed 

18 Services of the Senate and the House of Representatives 

19 a report assessing the following: 

20 (1) How a civilian faculty tenure system would 

21 promote the mission of the Academy. 

22 (2) How a civilian faculty tenure system would 

23 affect the current curricular governance process of 

24 the Academy. 


Pbinns on DSKJLVW7X2PROD with BILLS
294 

•S 2792 RS

1 (3) How the Academy will determine the num2 ber of civilian faculty at the Academy who would be 

3 granted tenure. 

4 (4) How a tenure system would be structured 

5 for Federal employees at the Academy, including 

6 exact details of specific protections and limitations. 

7 (5) The budget implications of implementing a 

8 tenure system for the Academy. 

9 (6) The faculty qualifications that would be re10 quired to earn and maintain tenure. 

11 (7) The reasons for termination of tenure that 

12 will be implemented and how a tenure termination 

13 effort would be conducted. 

14 Subtitle F—Military Family Readi15 ness and Dependents’ Education 

16 SEC. 581. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL 

17 AGENCIES THAT BENEFIT DEPENDENTS OF 

18 MILITARY AND CIVILIAN PERSONNEL. 

19 (a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL

20 EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS

21 OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT

22 OF DEFENSE CIVILIAN EMPLOYEES.— 

23 (1) ASSISTANCE TO SCHOOLS WITH SIGNIFI24 CANT NUMBERS OF MILITARY DEPENDENT STU25 DENTS.—Of the amount authorized to be approVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
295 

•S 2792 RS

1 priated for fiscal year 2022 by section 301 and 

2 available for operation and maintenance for Defense3 wide activities as specified in the funding table in 

4 section 4301, $50,000,000 shall be available only for 

5 the purpose of providing assistance to local edu6 cational agencies under subsection (a) of section 572 

7 of the National Defense Authorization Act for Fiscal 

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

9 (2) LOCAL EDUCATIONAL AGENCY DEFINED.— 

10 In this subsection, the term ‘‘local educational agen11 cy’’ has the meaning given that term in section 

12 7013(9) of the Elementary and Secondary Edu13 cation Act of 1965 (20 U.S.C. 7713(9)). 

14 (b) IMPACT AID FOR CHILDREN WITH SEVERE DIS15 ABILITIES.— 

16 (1) IN GENERAL.—Of the amount authorized to 

17 be appropriated for fiscal year 2022 pursuant to sec18 tion 301 and available for operation and mainte19 nance for Defense-wide activities as specified in the 

20 funding table in section 4301, $10,000,000 shall be 

21 available for payments under section 363 of the 

22 Floyd D. Spence National Defense Authorization 

23 Act for Fiscal Year 2001 (as enacted into law by 

24 Public Law 106–398; 114 Stat. 1654A–77; 20 

25 U.S.C. 7703a). 


Pbinns on DSKJLVW7X2PROD with BILLS
296 

•S 2792 RS

1 (2) ADDITIONAL AMOUNT.—Of the amount au2 thorized to be appropriated for fiscal year 2022 pur3 suant to section 301 and available for operation and 

4 maintenance for Defense-wide activities as specified 

5 in the funding table in section 4301, $10,000,000 

6 shall be available for use by the Secretary of Defense 

7 to make payments to local educational agencies de8 termined by the Secretary to have higher concentra9 tions of military children with severe disabilities. 

10 (3) REPORT.—Not later than March 31, 2022, 

11 the Secretary shall brief the Committees on Armed 

12 Services of the Senate and the House of Representa13 tives on the Department’s evaluation of each local 

14 educational agency with higher concentrations of 

15 military children with severe disabilities and subse16 quent determination of the amounts of impact aid 

17 each such agency shall receive. 

18 SEC. 582. PILOT PROGRAM TO ESTABLISH EMPLOYMENT 

19 FELLOWSHIP OPPORTUNITIES FOR MILITARY 

20 SPOUSES. 

21 (a) ESTABLISHMENT.—Not later than one year after 

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

23 Defense may establish a three-year pilot program to pro24 vide employment support to the spouses of members of 

25 the Armed Forces through a paid fellowship with employVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
297 

•S 2792 RS

1 ers across a variety of industries. In carrying out the pilot 

2 program, the Secretary shall take the following steps: 

3 (1) Enter into a contract or other agreement to 

4 conduct a career fellowship pilot program for mili5 tary spouses. 

6 (2) Determine the appropriate capacity for the 

7 pilot program based on annual funding availability. 

8 (3) Establish evaluation criteria to determine 

9 measures of effectiveness and cost-benefit analysis of 

10 the pilot program in supporting military spouse em11 ployment. 

12 (b) LIMITATION ON TOTAL AMOUNT OF ASSIST13 ANCE.—The total amount of the pilot program may not 

14 exceed $5,000,000 over the life of the pilot. 

15 (c) REPORTS.—Not later than two years after the 

16 Secretary establishes the pilot program, the Secretary 

17 shall submit to the Committees on Armed Services of the 

18 Senate and the House of Representatives an interim re19 port that includes the following elements: 

20 (1) The number of spouses who participated in 

21 the pilot program annually. 

22 (2) The amount of funding spent through the 

23 pilot program annually. 


Pbinns on DSKJLVW7X2PROD with BILLS
298 

•S 2792 RS

1 (3) A recommendation of the Secretary regard2 ing whether to discontinue, expand, or make the 

3 pilot program permanent. 

4 (d) FINAL REPORT.—Not later than 180 days after 

5 the pilot program ends, the Secretary shall submit to the 

6 Committees on Armed Services of the Senate and the 

7 House of Representatives a final report that includes the 

8 following elements: 

9 (1) The number of spouses who participated in 

10 the pilot program. 

11 (2) The amount of funding spent through the 

12 pilot program. 

13 (3) An evaluation of outcomes. 

14 (4) A recommendation of the Secretary regard15 ing whether to make the pilot program permanent. 

16 (e) TERMINATION.—The pilot program shall termi17 nate three years after the date on which the Secretary es18 tablishes the pilot program. 


Pbinns on DSKJLVW7X2PROD with BILLS
299 

•S 2792 RS

1 Subtitle G—Other Matters and 

2 Reports 

3 SEC. 591. AMENDMENTS TO ADDITIONAL DEPUTY INSPEC4 TOR GENERAL OF THE DEPARTMENT OF DE5 FENSE. 

6 Section 554(a) of the William M. (Mac) Thornberry 

7 National Defense Authorization Act for Fiscal Year 2021 

8 (Public Law 116–283) is amended— 

9 (1) in paragraph (1)— 

10 (A) in the matter preceding subparagraph 

11 (A), by striking ‘‘Secretary of Defense’’ and in12 serting ‘‘Inspector General of the Department 

13 of Defense’’; 

14 (B) in subparagraph (A), by striking ‘‘of 

15 the Department’’; and 

16 (C) in subparagraph (B), by striking ‘‘re17 port directly to and serve’’ and inserting ‘‘be’’; 

18 (2) in paragraph (2)(A)— 

19 (A) in the matter preceding clause (i), by 

20 striking ‘‘Conducting and supervising audits, 

21 investigations, and evaluations’’ and inserting 

22 ‘‘Developing and carrying out a plan for the 

23 conduct of comprehensive oversight, including 

24 through the conduct and supervision of audits, 

25 investigations, and inspections’’; and 


Pbinns on DSKJLVW7X2PROD with BILLS
300 

•S 2792 RS

1 (B) in clause (ii), by striking ‘‘duties of’’ 

2 and inserting ‘‘duties assigned to’’; and 

3 (3) in paragraph (4)— 

4 (A) in subparagraph (B)— 

5 (i) by striking ‘‘Secretary and’’; and 

6 (ii) by inserting before the period at 

7 the end the following: ‘‘, for inclusion in 

8 the next semiannual report of the Inspec9 tor General under section 5 of the Inspec10 tor General Act of 1978 (5 U.S.C. App.).’’; 

11 (B) in subparagraph (C), by striking ‘‘and 

12 Inspector General’’; 

13 (C) in subparagraph (D)— 

14 (i) by striking ‘‘Deputy’’; 

15 (ii) by striking ‘‘and the Inspector 

16 General’’; and 

17 (iii) by striking ‘‘direct’’ and inserting 

18 ‘‘direct or determine, as the case may be’’; 

19 and 

20 (D) in subparagraph (E), by striking ‘‘of 

21 the Department’’ and all that follows through 

22 ‘‘Representatives’’ and inserting ‘‘consistent 

23 with the requirements of the Inspector General 

24 Act of 1978 (5 U.S.C. App.)’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
301 

•S 2792 RS

1 SEC. 592. INCLUSION OF SENIOR RESERVE OFFICERS’ 

2 TRAINING CORPS DATA IN DIVERSITY AND 

3 INCLUSION REPORTING. 

4 Section 113(m) of title 10, United States Code, as 

5 amended by section 551(a)(1) of the William M. (Mac) 

6 Thornberry National Defense Authorization Act for Fiscal 

7 Year 2021 (Public Law 116–283), is amended— 

8 (1) by redesignating paragraphs (5), (6), and 

9 (7) as paragraphs (6), (7), and (8), respectively; and 

10 (2) by inserting after paragraph (4) the fol11 lowing new paragraph: 

12 ‘‘(5) The number of graduates of the Senior 

13 Reserve Officers’ Training Corps during the fiscal 

14 year covered by the report, disaggregated by gender, 

15 race, and ethnicity, for each military department.’’. 

16 SEC. 593. MODIFIED DEADLINE FOR ESTABLISHMENT OF 

17 SPECIAL PURPOSE ADJUNCT TO ARMED 

18 SERVICES VOCATIONAL APTITUDE BATTERY 

19 TEST. 

20 Section 594 of the William M. (Mac) Thornberry Na21 tional Defense Authorization Act for Fiscal Year 2021 

22 (Public Law 116–283) is amended by striking ‘‘Not later 

23 than one year after the date of the enactment of this Act’’ 

24 and inserting ‘‘Not later than October 1, 2024’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
302 

•S 2792 RS

1 SEC. 594. REPORTS ON AIR FORCE PERSONNEL PER2 FORMING DUTIES OF A NUCLEAR AND MIS3 SILE OPERATIONS OFFICER (13N). 

4 (a) IN GENERAL.—The Secretary of the Air Force 

5 shall submit to the congressional defense committees a re6 port on personnel performing the duties of a Nuclear and 

7 Missile Operations Officer (13N)— 

8 (1) not later than 90 days after the date of the 

9 enactment of this Act; and 

10 (2) concurrent with the submission to Congress 

11 of the budget of the President for each of fiscal 

12 years 2023 through 2027 pursuant to section 

13 1105(a) of title 31, United States Code. 

14 (b) ELEMENTS.—Each report required by subsection 

15 (a) shall include the following: 

16 (1) The number of Nuclear and Missile Oper17 ations Officers commissioned, by commissioning 

18 source, during the most recent fiscal year that ended 

19 before submission of the report. 

20 (2) A description of the rank structure and 

21 number of such officers by intercontinental ballistic 

22 missile operational group during that fiscal year. 

23 (3) The retention rate of such officers by inter24 continental ballistic missile operational group during 

25 that fiscal year and an assessment of reasons for 

26 any loss in retention of such officers. 


Pbinns on DSKJLVW7X2PROD with BILLS
303 

•S 2792 RS

1 (4) A description of the rank structure and 

2 number of officers by intercontinental ballistic mis3 sile operational group performing alert duties by 

4 month during that fiscal year. 

5 (5) A description of the structure of incentive 

6 pay for officers performing 13N duties during that 

7 fiscal year. 

8 (6) A personnel manning plan for managing of9 ficers performing alert duties during the period of 

10 five fiscal years after submission of the report. 

11 (7) A description of methods, with metrics, to 

12 manage the transition of Nuclear and Missile Oper13 ations Officers, by intercontinental ballistic missile 

14 operational group, to other career fields in the Air 

15 Force. 

16 (8) Such other matters as the Secretary con17 siders appropriate to inform the congressional de18 fense committees with respect to the 13N career 

19 field during the period of five to ten fiscal years 

20 after submission of the report. 

21 SEC. 595. REPORTS ON SECURITY FORCE PERSONNEL PER22 FORMING PROTECTION LEVEL ONE DUTIES. 

23 (a) IN GENERAL.—The Secretary of the Air Force 

24 shall submit to the congressional defense committees a reVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
304 

•S 2792 RS

1 port on the status of security force personnel performing 

2 protection level one (PL–1) duties— 

3 (1) not later than 90 days after the date of the 

4 enactment of this Act; and 

5 (2) concurrent with the submission to Congress 

6 of the budget of the President for each of fiscal 

7 years 2023 through 2027 pursuant to section 

8 1105(a) of title 31, United States Code. 

9 (b) ELEMENTS.—Each report required by subsection 

10 (a) shall include the following: 

11 (1) The number of Air Force personnel per12 forming, and the number of unfilled billets des13 ignated for performance of, PL–1 duties on a full14 time basis during the most recent fiscal year that 

15 ended before submission of the report. 

16 (2) The number of such personnel 

17 disaggregated by mission assignment during that fis18 cal year. 

19 (3) The number of such personnel and unfilled 

20 billets at each major PL–1 installation during that 

21 fiscal year and a description of the rank structure 

22 of such personnel. 

23 (4) A statement of the time, by rank structure, 

24 such personnel were typically assigned to perform 


Pbinns on DSKJLVW7X2PROD with BILLS
305 

•S 2792 RS

1 PL–1 duties at each major PL–1 installation during 

2 that fiscal year. 

3 (5) The retention rate for security personnel 

4 performing such duties during that fiscal year. 

5 (6) The number of Air Force PL–1 security 

6 force members deployed to support another Air 

7 Force mission or a joint mission with another mili8 tary department during that fiscal year. 

9 (7) A description of the type of training for se10 curity personnel performing PL–1 duties during that 

11 fiscal year. 

12 (8) An assessment of the status of replacing the 

13 existing fleet of high mobility multipurpose wheeled 

14 vehicles (HMMWV) and BearCat armored vehicles, 

15 by PL–1 installation. 

16 (9) Such other matters as the Secretary con17 siders appropriate relating to security force per18 sonnel performing PL–1 duties during the period of 

19 five fiscal years after submission of the report. 


Pbinns on DSKJLVW7X2PROD with BILLS
306 

•S 2792 RS

1 TITLE VI—MILITARY 

2 COMPENSATION 

3 SEC. 601. BASIC NEEDS ALLOWANCE FOR MEMBERS ON AC4 TIVE SERVICE IN THE ARMED FORCES. 

5 (a) IN GENERAL.—Chapter 7 of title 37, United 

6 States Code, is amended by inserting after section 402a 

7 the following new section: 

8 ‘‘§ 402b. Basic needs allowance for members on active 

9 service in the armed forces 

10 ‘‘(a) ALLOWANCE REQUIRED.—The Secretary con11 cerned shall pay to each member who is eligible under sub12 section (b) a basic needs allowance in the amount deter13 mined for such member under subsection (c). 

14 ‘‘(b) ELIGIBLE MEMBERS.—A member on active 

15 service in the armed forces is eligible for the allowance 

16 under subsection (a) if— 

17 ‘‘(1) the member has completed initial entry 

18 training; 

19 ‘‘(2) the gross household income of the member 

20 during the most recent calendar year did not exceed 

21 an amount equal to 130 percent of the Federal pov22 erty guidelines of the Department of Health and 

23 Human Services for the location of the member and 

24 the number of individuals in the household of the 

25 member for such year; and 


Pbinns on DSKJLVW7X2PROD with BILLS
307 

•S 2792 RS

1 ‘‘(3) the member— 

2 ‘‘(A) is not ineligible for the allowance 

3 under subsection (d); and 

4 ‘‘(B) does not elect under subsection (g) 

5 not to receive the allowance. 

6 ‘‘(c) AMOUNT OF ALLOWANCE.—The amount of the 

7 monthly allowance payable to a member under subsection 

8 (a) shall be the amount equal to— 

9 ‘‘(1)(A) 130 percent of the Federal poverty 

10 guidelines of the Department of Health and Human 

11 Services for the calendar year during which the al12 lowance is paid based on the location of the member 

13 and the number of individuals in the household of 

14 the member during the month for which the allow15 ance is paid; minus 

16 ‘‘(B) the gross household income of the member 

17 during the preceding calendar year; divided by 

18 ‘‘(2) 12. 

19 ‘‘(d) BASES OF INELIGIBILITY.— 

20 ‘‘(1) IN GENERAL.—The following members are 

21 ineligible for the allowance under subsection (a): 

22 ‘‘(A) A member who does not have any de23 pendents. 

24 ‘‘(B) A cadet at the United States Military 

25 Academy, the United States Air Force AcadVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
308 

•S 2792 RS

1 emy, or the Coast Guard Academy, a mid2 shipman at the United States Naval Academy, 

3 or a cadet or midshipman serving elsewhere in 

4 the armed forces. 

5 ‘‘(2) HOUSEHOLD WITH MORE THAN ONE ELI6 GIBLE MEMBER.—In the event a household contains 

7 two or more members determined under subsection 

8 (f) to be eligible to receive the allowance under sub9 section (a), only one allowance may be paid to a 

10 member among such members as such members 

11 shall jointly elect. 

12 ‘‘(3) AUTOMATIC INELIGIBILITY OF MEMBERS

13 RECEIVING CERTAIN PAY INCREASES.—A member 

14 determined to be eligible under subsection (f) for the 

15 allowance under subsection (a) whose monthly gross 

16 household income increases as a result of a pro17 motion or other permanent increase to pay or allow18 ances under this title to an amount that, on an 

19 annualized basis, would exceed the amount described 

20 in subsection (b)(2) is ineligible for the allowance. If 

21 such member is receiving the allowance, payment of 

22 the allowance shall automatically terminate within a 

23 reasonable time, as determined by the Secretary of 

24 Defense in regulations prescribed under subsection 

25 (j). 


Pbinns on DSKJLVW7X2PROD with BILLS
309 

•S 2792 RS

1 ‘‘(4) INELIGIBILITY OF CERTAIN CHANGES IN

2 INCOME.—A member whose gross household income 

3 for the preceding year decreases because of a fine, 

4 forfeiture, or reduction in rank imposed as a part of 

5 disciplinary action or an action under chapter 47 of 

6 title 10 (the Uniform Code of Military Justice) is 

7 not eligible for the allowance under subsection (a) 

8 solely as a result of the fine, forfeiture, or reduction 

9 in rank. 

10 ‘‘(e) APPLICATION BY MEMBERS SEEKING ALLOW11 ANCE.— 

12 ‘‘(1) IN GENERAL.—A member who seeks to re13 ceive the allowance under subsection (a) shall submit 

14 to the Secretary concerned an application for the al15 lowance that includes such information as the Sec16 retary may require in order to determine whether or 

17 not the member is eligible to receive the allowance. 

18 ‘‘(2) TIMING OF SUBMISSION.—A member who 

19 receives the allowance under subsection (a) and 

20 seeks to continue to receive the allowance shall sub21 mit to the Secretary concerned an updated applica22 tion under paragraph (1) at such times as the Sec23 retary may require, but not less frequently than an24 nually. 


Pbinns on DSKJLVW7X2PROD with BILLS
310 

•S 2792 RS

1 ‘‘(3) VOLUNTARY SUBMISSION.—The submis2 sion of an application under paragraph (1) is vol3 untary. 

4 ‘‘(4) SCREENING OF MEMBERS FOR ELIGI5 BILITY.—The Secretary of Defense shall— 

6 ‘‘(A) ensure that all members of the armed 

7 forces are screened during initial entry training 

8 and regularly thereafter for eligibility for the al9 lowance under subsection (a); and 

10 ‘‘(B) notify any member so screened who 

11 may be eligible that the member may apply for 

12 the allowance by submitting an application 

13 under paragraph (1). 

14 ‘‘(f) DETERMINATIONS OF ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.—The Secretary concerned 

16 shall— 

17 ‘‘(A) determine whether each individual 

18 who submits an application under subsection (e) 

19 is eligible for the allowance under subsection 

20 (a); and 

21 ‘‘(B) notify each such individual, in writ22 ing, of that determination. 

23 ‘‘(2) INFORMATION INCLUDED IN NOTICE.— 

24 The notice under paragraph (1) shall include infor25 mation regarding financial management and assistVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
311 

•S 2792 RS

1 ance programs for which the member may be eligi2 ble. 

3 ‘‘(g) ELECTION NOT TO RECEIVE ALLOWANCE.— 

4 ‘‘(1) IN GENERAL.—A member determined 

5 under subsection (f) to be eligible for the allowance 

6 under subsection (a) may elect, in writing, not to re7 ceive the allowance. 

8 ‘‘(2) DEEMED INELIGIBLE.—A member who 

9 does not submit an application under subsection (e) 

10 within a reasonable time (as determined by the Sec11 retary concerned) shall be deemed ineligible for the 

12 allowance under subsection (a). 

13 ‘‘(h) SPECIAL RULE FOR MEMBERS STATIONED

14 OUTSIDE UNITED STATES.—In the case of a member as15 signed to a duty location outside the United States, the 

16 Secretary concerned shall make the calculations described 

17 in subsections (b)(2) and (c)(1) using the Federal poverty 

18 guidelines of the Department of Health and Human Serv19 ices for the continental United States. 

20 ‘‘(i) REPORTS REQUIRED.—Not later than December 

21 31, 2025, and June 1, 2028, the Secretary of Defense 

22 shall submit to the congressional defense committees a re23 port on the effect of the allowance under subsection (a) 

24 on food insecurity among members of the armed forces. 


Pbinns on DSKJLVW7X2PROD with BILLS
312 

•S 2792 RS

1 ‘‘(j) REGULATIONS.—Not later than one year after 

2 the date of the enactment of the National Defense Author3 ization Act for Fiscal Year 2022, the Secretary of Defense 

4 shall prescribe regulations for the administration of this 

5 section. 

6 ‘‘(k) EFFECTIVE PERIOD.— 

7 ‘‘(1) IMPLEMENTATION PERIOD.—The allow8 ance under subsection (a) is payable for months be9 ginning on or after the date that is one year after 

10 the date of the enactment of the National Defense 

11 Authorization Act for Fiscal Year 2022. 

12 ‘‘(2) TERMINATION.—The allowance under sub13 section (a) may not be paid for any month beginning 

14 after December 31, 2027. 

15 ‘‘(l) DEFINITIONS.—In this section: 

16 ‘‘(1) GROSS HOUSEHOLD INCOME.—The term 

17 ‘gross household income’, with respect to a member, 

18 includes all household income derived from any 

19 source. 

20 ‘‘(2) HOUSEHOLD.—The term ‘household’ 

21 means a member and any dependents of the member 

22 enrolled in the Defense Enrollment Eligibility Re23 porting System, regardless of the location of those 

24 dependents.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
313 

•S 2792 RS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 7 of such title is amended by 

3 inserting after the item relating to section 402a the fol4 lowing new item: 

‘‘402b. Basic needs allowance for members on active service in the armed 

forces.’’. 

5 SEC. 602. EQUAL INCENTIVE PAY FOR MEMBERS OF THE 

6 RESERVE COMPONENTS OF THE ARMED 

7 FORCES. 

8 (a) IN GENERAL.—Subchapter II of chapter 5 of title 

9 37, United States Code, is amended by adding at the end 

10 the following new section: 

11 ‘‘§ 357. Incentive pay authorities for members of the 

12 reserve components of the armed forces 

13 ‘‘The Secretary concerned shall pay a member of the 

14 reserve component of an armed force incentive pay in the 

15 same monthly amount as that paid to a member in the 

16 regular component of such armed force performing com17 parable work requiring comparable skills.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by inserting 

20 after the item relating to section 356 the following: 

‘‘357. Incentive pay authorities for members of the reserve components of the 

armed forces.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
314 

•S 2792 RS

1 SEC. 603. EXTENSION OF EXPIRING TRAVEL AND TRANS2 PORTATION AUTHORITIES. 

3 (a) LODGING IN KIND FOR RESERVE COMPONENT

4 MEMBERS PERFORMING TRAINING.— 

5 (1) IN GENERAL.—Section 12604 of title 10, 

6 United States Code, is amended— 

7 (A) by amending the section heading to 

8 read as follows: ‘‘Lodging: Reserves at9 tending training’’; and 

10 (B) by adding at the end the following new 

11 subsection: 

12 ‘‘(c) LODGING IN KIND.—(1) In the case of a mem13 ber of a reserve component performing active duty for 

14 training or inactive duty training who is not otherwise en15 titled to travel and transportation allowances in connec16 tion with such duty, the Secretary concerned may reim17 burse the member for housing service charge expenses in18 curred by the member in occupying transient government 

19 housing during the performance of such duty. If transient 

20 government housing is unavailable or inadequate, the Sec21 retary concerned may provide the member with lodging in 

22 kind. 

23 ‘‘(2) Any payment or other benefit under this sub24 section shall be provided in accordance with regulations 

25 prescribed by the Secretary concerned. 


Pbinns on DSKJLVW7X2PROD with BILLS
315 

•S 2792 RS

1 ‘‘(3) The Secretary may pay service charge expenses 

2 under paragraph (1) and expenses of providing lodging in 

3 kind under such paragraph out of funds appropriated for 

4 operation and maintenance for the reserve component con5 cerned. Use of a Government charge card is authorized 

6 for payment of such expenses. 

7 ‘‘(4) Decisions regarding the availability or adequacy 

8 of government housing at a military installation under 

9 paragraph (1) shall be made by the installation com10 mander.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions for chapter 1217 of such title is amended by 

13 striking the item relating to section 12604 and in14 serting the following new item: 

‘‘12604. Lodging: Reserves attending training.’’. 

15 (b) MANDATORY PET QUARANTINE FEES FOR

16 HOUSEHOLD PETS.—Section 451(b)(8) of title 37, United 

17 States Code, is amended by adding at the end the fol18 lowing new sentence: ‘‘Such costs include pet quarantine 

19 expenses.’’. 

20 (c) STUDENT DEPENDENT TRANSPORTATION.— 

21 (1) IN GENERAL.—Section 452(b) of title 37, 

22 United States Code, is amended by adding at the 

23 end the following new paragraphs: 

24 ‘‘(18) Travel by a dependent child to the United 

25 States to obtain formal secondary, undergraduate, 


Pbinns on DSKJLVW7X2PROD with BILLS
316 

•S 2792 RS

1 graduate, or vocational education, if the permanent 

2 duty assignment location of the member of the uni3 formed services is not in the continental United 

4 States, Alaska, or Hawaii. 

5 ‘‘(19) Travel by a dependent child within the 

6 United States to obtain formal secondary, under7 graduate, graduate, or vocational education, if the 

8 permanent duty assignment location of the member 

9 of the uniformed services is in Alaska or Hawaii and 

10 the school is located in a State other than the State 

11 of the permanent duty assignment location.’’. 

12 (2) DEFINITIONS.—Section 451 of title 37, 

13 United States Code, is amended— 

14 (A) in subsection (a)(2)(H), by adding at 

15 the end the following new clauses: 

16 ‘‘(vii) Transportation of a dependent 

17 child of a member of the uniformed serv18 ices to the United States to obtain formal 

19 secondary, undergraduate, graduate, or vo20 cational education, if the permanent duty 

21 assignment location of the member is not 

22 in the continental United States, Alaska, 

23 or Hawaii. 

24 ‘‘(viii) Transportation of a dependent 

25 child of a member of the uniformed servVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
317 

•S 2792 RS

1 ices within the United States to obtain for2 mal secondary, undergraduate, graduate, 

3 or vocational education, if the permanent 

4 duty assignment location of the member is 

5 in Alaska or Hawaii and the school is lo6 cated in a State other than the State of 

7 the permanent duty assignment location.’’; 

8 and 

9 (B) in subsection (b), by adding at the end 

10 the following new paragraph: 

11 ‘‘(10)(A) The term ‘permanent duty assignment 

12 location’ means— 

13 ‘‘(i) the official station of a member of the 

14 uniformed services; or 

15 ‘‘(ii) the residence of a dependent of a 

16 member of the uniformed services. 

17 ‘‘(B) For purposes of subparagraph (A)(ii), the 

18 permanent duty assignment location of a dependent 

19 who is a student not living with the member while 

20 attending school is the residence of the dependent.’’. 

21 (d) DEPENDENT TRANSPORTATION INCIDENT TO

22 SHIP CONSTRUCTION, INACTIVATION, AND OVER23 HAULING.— 


Pbinns on DSKJLVW7X2PROD with BILLS
318 

•S 2792 RS

1 (1) IN GENERAL.—Section 452 of title 37, 

2 United States Code, as amended by subsection (c), 

3 is further amended— 

4 (A) in subsection (b), by adding at the end 

5 the following new paragraph: 

6 ‘‘(20) Subject to subsection (i), travel by a de7 pendent to a location where a member of the uni8 formed services is on permanent duty aboard a ship 

9 that is overhauling, inactivating, or under construc10 tion.’’; and 

11 (B) by adding at the end the following new 

12 subsection: 

13 ‘‘(i) DEPENDENT TRANSPORTATION INCIDENT TO

14 SHIP CONSTRUCTION, INACTIVATION, AND OVER15 HAULING.—The authority under subsection (a) for travel 

16 in connection with circumstances described in subsection 

17 (b)(20) shall be subject to the following terms and condi18 tions: 

19 ‘‘(1) The member of the uniformed services is 

20 required to be permanently assigned to the ship for 

21 31 or more consecutive days to be eligible for allow22 ances, and the transportation allowances accrue on 

23 the 31st day and every 60 days thereafter. 

24 ‘‘(2) Transportation in kind, reimbursement for 

25 personally procured transportation, or a monetary 


Pbinns on DSKJLVW7X2PROD with BILLS
319 

•S 2792 RS

1 allowance for mileage in place of the cost of trans2 portation may be provided, in lieu of the member’s 

3 entitlement to transportation, for the member’s de4 pendents from the location that was the home port 

5 of the ship before commencement of overhaul, inac6 tivation, or construction to the port of overhaul, in7 activation, or construction. 

8 ‘‘(3) The total reimbursement for transpor9 tation for the member’s dependents may not exceed 

10 the cost of one Government-procured commercial 

11 round-trip travel.’’. 

12 (2) DEFINITIONS.—Section 451(a)(2)(H) of 

13 title 37, United States Code, as amended by sub14 section (c), is further amended by adding at the end 

15 the following new clause: 

16 ‘‘(ix) Transportation of a dependent 

17 to a location where a member of the uni18 formed services is on permanent duty 

19 aboard a ship that is overhauling, inac20 tivating, or under construction.’’. 

21 SEC. 604. REPEAL OF EXPIRING TRAVEL AND TRANSPOR22 TATION AUTHORITIES. 

23 (a) IN GENERAL.—Effective December 31, 2021, 

24 subchapter III of chapter 8 of title 37, United States 

25 Code, is repealed. 


Pbinns on DSKJLVW7X2PROD with BILLS
320 

•S 2792 RS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 8 of such title is amended by 

3 striking the items relating to subchapter III and sections 

4 471 through 495. 

5 SEC. 605. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 

6 BONUS AND SPECIAL PAY AUTHORITIES. 

7 (a) AUTHORITIES RELATING TO RESERVE

8 FORCES.—Section 910(g) of title 37, United States Code, 

9 relating to income replacement payments for reserve com10 ponent members experiencing extended and frequent mo11 bilization for active duty service, is amended by striking 

12 ‘‘December 31, 2021’’ and inserting ‘‘December 31, 

13 2022’’. 

14 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

15 CARE PROFESSIONALS.—The following sections of title 

16 10, United States Code, are amended by striking ‘‘Decem17 ber 31, 2021’’ and inserting ‘‘December 31, 2022’’: 

18 (1) Section 2130a(a)(1), relating to nurse offi19 cer candidate accession program. 

20 (2) Section 16302(d), relating to repayment of 

21 education loans for certain health professionals who 

22 serve in the Selected Reserve. 

23 (c) AUTHORITIES RELATING TO NUCLEAR OFFI24 CERS.—Section 333(i) of title 37, United States Code, is 


Pbinns on DSKJLVW7X2PROD with BILLS
321 

•S 2792 RS

1 amended by striking ‘‘December 31, 2021’’ and inserting 

2 ‘‘December 31, 2022’’. 

3 (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI4 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU5 THORITIES.—The following sections of title 37, United 

6 States Code, are amended by striking ‘‘December 31, 

7 2021’’ and inserting ‘‘December 31, 2022’’: 

8 (1) Section 331(h), relating to general bonus 

9 authority for enlisted members. 

10 (2) Section 332(g), relating to general bonus 

11 authority for officers. 

12 (3) Section 334(i), relating to special aviation 

13 incentive pay and bonus authorities for officers. 

14 (4) Section 335(k), relating to special bonus 

15 and incentive pay authorities for officers in health 

16 professions. 

17 (5) Section 336(g), relating to contracting 

18 bonus for cadets and midshipmen enrolled in the 

19 Senior Reserve Officers’ Training Corps. 

20 (6) Section 351(h), relating to hazardous duty 

21 pay. 

22 (7) Section 352(g), relating to assignment pay 

23 or special duty pay. 

24 (8) Section 353(i), relating to skill incentive 

25 pay or proficiency bonus. 


Pbinns on DSKJLVW7X2PROD with BILLS
322 

•S 2792 RS

1 (9) Section 355(h), relating to retention incen2 tives for members qualified in critical military skills 

3 or assigned to high priority units. 

4 (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE

5 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section 

6 403(b)(7)(E) of title 37, United States Code, is amended 

7 by striking ‘‘December 31, 2021’’ and inserting ‘‘Decem8 ber 31, 2022’’. 

9 SEC. 606. REQUIREMENTS IN CONNECTION WITH SUSPEN10 SION OF RETIRED PAY AND RETIREMENT AN11 NUITIES. 

12 (a) NOTICE BEFORE SUSPENSION OF PAYMENT.— 

13 (1) IN GENERAL.—The Defense Finance and 

14 Accounting Service may not suspend the payment to 

15 a military retiree or annuitant of retired or retainer 

16 pay or an annuity otherwise provided by law until 90 

17 days after the date of the delivery of written notice 

18 to such military retiree or annuitant, as applicable, 

19 or a designated representative, of the suspension. 

20 (2) ELEMENTS.—Each notice of a suspension 

21 of payment under paragraph (1) shall set forth the 

22 following: 

23 (A) The payment proposed to be sus24 pended. 


Pbinns on DSKJLVW7X2PROD with BILLS
323 

•S 2792 RS

1 (B) A full description of the basis for the 

2 proposed suspension. 

3 (C) Notice of the right of the military re4 tiree or annuitant concerned, or a designated 

5 representative, to submit matters in response to 

6 the proposed suspension. 

7 (b) SUSPENSION OF PAYMENT FOLLOWING LACK OF

8 TIMELY RESPONSE.— 

9 (1) IN GENERAL.—If at the end of the 90-day 

10 period beginning on the date of the delivery of a no11 tice of suspension of payment under subsection (a) 

12 the military retiree or annuitant concerned, or a des13 ignated representative, has not submitted to the De14 fense Finance and Accounting Service a response to 

15 such notice, the Service may suspend payment as de16 scribed in such notice. 

17 (2) CONSTRUCTION OF LACK OF RESPONSE.— 

18 The lack of response of a military retiree, annuitant, 

19 or designated representative to a notice under sub20 section (a) within the 90-day period described in 

21 paragraph (1) shall not constitute a waiver of the 

22 right to submit a response to the suspension of pay23 ment proposed in such notice at some date after 

24 such period. 


Pbinns on DSKJLVW7X2PROD with BILLS
324 

•S 2792 RS

1 (c) DFAS DETERMINATION ON TIMELY RE2 SPONSE.— 

3 (1) IN GENERAL.—If a military retiree, annu4 itant, or designated representative responds to a no5 tice of suspension of payment under subsection (a) 

6 within the 90-day period beginning on the date of 

7 delivery of such notice, the Defense Finance and Ac8 counting Service shall, not later than 30 days after 

9 the date of receipt of such response— 

10 (A) make a final determination of whether 

11 the suspension of payment remains warranted; 

12 and 

13 (B) submit to the military retiree, annu14 itant, or designated representative a notice of 

15 such final determination. 

16 (2) PROHIBITION ON SUSPENSION PENDING AC17 TION.—The Service may not suspend any payment 

18 covered by a response described in paragraph (1) 

19 while taking action with respect to such response 

20 pursuant to that paragraph. 

21 (d) RECOVERY OF OVERPAYMENT.—If the Defense 

22 Finance and Accounting Service determines in connection 

23 with any suspension of payment provided for pursuant to 

24 subsection (b) or (c) that the military retiree or annuitant 

25 concerned has received any overpayment of any amount 


Pbinns on DSKJLVW7X2PROD with BILLS
325 

•S 2792 RS

1 to which such suspension of payment relates, the Sec2 retary of Defense may take appropriate action to recover 

3 such overpayment. 

4 (e) PRESERVATION OF AUTHORITY FOR IMMEDIATE

5 SUSPENSION IN CERTAIN CASES.— 

6 (1) IN GENERAL.—Nothing in this section shall 

7 be construed to prohibit the Secretary of Defense 

8 from immediately suspending payment to a military 

9 retiree or annuitant in a case as follows: 

10 (A) A case in which the Secretary deter11 mines that the initial claim for payment was 

12 based upon a fraudulent application. 

13 (B) A case in which payment is being di14 verted to a person ineligible to receive payment 

15 due to suspected identity theft or similar crimi16 nal act. 

17 (C) A case involving immediate termi18 nation of retired or retainer pay as a result of 

19 a conviction of a criminal offense. 

20 (2) DATE FOR COMMENCEMENT OF SUSPEN21 SION.—Payment may be suspended under this sub22 section effective upon the date that the Secretary re23 fers the report of the suspected fraud or similar un24 authorized payment in question to a law enforcement 

25 organization. 


Pbinns on DSKJLVW7X2PROD with BILLS
326 

•S 2792 RS

1 (f) ANNUAL ELIGIBILITY DETERMINATION PROCE2 DURES.—Not later than 180 days after the date of the 

3 enactment of this Act, the Secretary of Defense shall pre4 scribe in regulations a single annual eligibility determina5 tion procedure for determinations of eligibility for military 

6 retired or retainer pay and survivor annuities in connec7 tion with military service as a replacement of the current 

8 procedures in connection with the Certificate of Eligibility 

9 and Report of Existence for military retirees and annu10 itants. 

11 (g) REPORT.—Not later than one year after the date 

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

13 shall, in consultation with the Secretary of Veterans Af14 fairs and the Secretary of Homeland Security, submit to 

15 the appropriate committees of Congress a report on a 

16 process by which notifications of the death of a military 

17 retiree or annuitant may be shared among such Secre18 taries for the purpose of determining the termination of 

19 eligibility for benefits administered by such Secretaries. 

20 (h) REGULATIONS.—Subsections (a) through (e) of 

21 this section shall be carried out in accordance with regula22 tions prescribed by the Secretary of Defense for purposes 

23 of this section. 

24 (i) DEFINITIONS.—In this section: 


Pbinns on DSKJLVW7X2PROD with BILLS
327 

•S 2792 RS

1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Veterans’ Affairs, and the Com6 mittee on Commerce, Science, and Transpor7 tation of the Senate; and 

8 (B) the Committee on Armed Services, the 

9 Committee on Veterans’ Affairs, and the Com10 mittee on Transportation and Infrastructure of 

11 the House of Representatives. 

12 (2) MILITARY RETIREE; ANNUITANT.—The 

13 terms ‘‘military retiree’’ and ‘‘annuitant’’ shall have 

14 the meaning given such terms in the regulations pre15 scribed pursuant to subsection (h). 

16 (3) DESIGNATED REPRESENTATIVE.—The term 

17 ‘‘designated representative’’ shall have the meaning 

18 given such term in the regulations prescribed pursu19 ant to subsection (h), and shall include a guardian 

20 and a trustee of a qualified special needs trust of an 

21 annuitant. 


Pbinns on DSKJLVW7X2PROD with BILLS
328 

•S 2792 RS

1 TITLE VII—HEALTH CARE 

2 PROVISIONS 

3 Subtitle A—TRICARE and Other 

4 Health Care Benefits 

5 SEC. 701. ADDITION OF PRECONCEPTION AND PRENATAL 

6 CARRIER SCREENING COVERAGE AS BENE7 FITS UNDER TRICARE PROGRAM. 

8 Section 1079(a) of title 10, United States Code, is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(18) Preconception and prenatal carrier 

12 screening tests shall be provided to eligible covered 

13 beneficiaries, with a limit per beneficiary of one test 

14 per condition per lifetime, for the following condi15 tions: 

16 ‘‘(A) Cystic Fibrosis. 

17 ‘‘(B) Spinal Muscular Atrophy. 

18 ‘‘(C) Fragile X Syndrome. 

19 ‘‘(D) Tay-Sachs Disease. 

20 ‘‘(E) Hemoglobinopathies. 

21 ‘‘(F) Conditions linked with Ashkenazi 

22 Jewish descent.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
329 

•S 2792 RS

1 SEC. 702. COVERAGE OF OVERSEAS SUBACUTE AND HOS2 PICE CARE FOR ELIGIBLE OVERSEAS DE3 PENDENTS OF MEMBERS OF THE UNI4 FORMED SERVICES. 

5 (a) SUBACUTE CARE.—Section 1074j(b) of title 10, 

6 United States Code, is amended— 

7 (1) in paragraph (1), by adding at the end the 

8 following new sentence: ‘‘For eligible overseas de9 pendents of members of the uniformed services who 

10 are on active duty for a period of more than 30 

11 days, the Secretary of Defense may authorize an 

12 overseas provider that does not have to be enrolled 

13 in the Medicare program under section 1866(j) of 

14 the Social Security Act (42 U.S.C. 1395cc(j)) to 

15 provide skilled nursing facility care, which shall in16 clude services and facility charges, under the pro17 gram.’’; 

18 (2) in paragraph (2)— 

19 (A) in subparagraph (A)— 

20 (i) by striking the period at the end 

21 and inserting ‘‘; and’’; 

22 (ii) by striking ‘‘ ‘skilled nursing facil23 ity’ has’’ and inserting ‘‘ ‘skilled nursing 

24 facility’— 

25 ‘‘(i) except as provided in clause (ii), has’’; 

26 and 


Pbinns on DSKJLVW7X2PROD with BILLS
330 

•S 2792 RS

1 (iii) by adding at the end the fol2 lowing new clause: 

3 ‘‘(ii) with respect to facilities overseas, 

4 means facilities authorized by the Secretary of 

5 Defense, which do not have to be enrolled in the 

6 Medicare program under section 1866(j) of the 

7 Social Security Act (42 U.S.C. 1395cc(j)).’’; 

8 and 

9 (B) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(C) The term ‘overseas’ means located outside 

12 of the 50 States, the District of Columbia, Puerto 

13 Rico, the United States Virgin Islands, Guam, 

14 American Samoa, and the Northern Mariana Is15 lands.’’; and 

16 (3) in paragraph (3), by adding at the end the 

17 following new sentence: ‘‘Notwithstanding the pre18 vious sentence, home health care services may be 

19 provided to eligible overseas dependents of members 

20 of the uniformed services who are on active duty for 

21 a period of more than 30 days by home health pro22 viders authorized by the Secretary of Defense re23 gardless of whether such providers provide such 

24 services in the manner and under the conditions deVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
331 

•S 2792 RS

1 scribed in section 1861(m) of the Social Security Act 

2 (42 U.S.C. 1395x(m)).’’. 

3 (b) HOSPICE CARE.—Section 1079(a)(15) of such 

4 title is amended— 

5 (1) by striking ‘‘Hospice care’’ and inserting 

6 ‘‘(A) Except as provided in subparagraph (B), hos7 pice care’’; and 

8 (2) by adding at the end the following new sub9 paragraph: 

10 ‘‘(B)(i) With respect to dependents who are 

11 overseas, hospice care may be provided in such man12 ner and under such conditions as the Secretary of 

13 Defense may authorize. 

14 ‘‘(ii) In this subparagraph, the term ‘overseas’ 

15 means located outside of the 50 States, the District 

16 of Columbia, Puerto Rico, the United States Virgin 

17 Islands, Guam, American Samoa, and the Northern 

18 Mariana Islands.’’. 

19 SEC. 703. MODIFICATION OF PILOT PROGRAM ON RECEIPT 

20 OF NON-GENERIC PRESCRIPTION MAINTE21 NANCE MEDICATIONS UNDER TRICARE 

22 PHARMACY BENEFITS PROGRAM. 

23 Section 706 of the William M. (Mac) Thornberry Na24 tional Defense Authorization Act for Fiscal Year 2021 

25 (Public Law 116–283) is amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
332 

•S 2792 RS

1 (1) in subsection (a)(1), by striking ‘‘may carry 

2 out’’ and inserting ‘‘shall carry out’’; 

3 (2) in subsection (b), by striking ‘‘March 1, 

4 2021’’ and inserting ‘‘March 1, 2022’’; 

5 (3) by redesignating subsections (e), (f), and 

6 (g) as subsections (f), (g), and (h), respectively; 

7 (4) by inserting after subsection (d) the fol8 lowing new subsection (e): 

9 ‘‘(e) REIMBURSEMENT.—If the Secretary carries out 

10 the pilot program under subsection (a)(1), reimbursement 

11 of retail pharmacies for medication under the pilot pro12 gram may not exceed the amount of reimbursement paid 

13 to the national mail-order pharmacy program under sec14 tion 1074g of title 10, United States Code, for the same 

15 medication, after consideration of all manufacturer dis16 counts, refunds, rebates, pharmacy transaction fees, and 

17 other costs.’’; and 

18 (5) in subsection (f), as redesignated by para19 graph (3)— 

20 (A) by striking paragraph (1) and insert21 ing the following new paragraph (1): 

22 ‘‘(1) BRIEFING.—Not later than 90 days after 

23 the date of the enactment of the National Defense 

24 Authorization Act for Fiscal Year 2022, the Sec25 retary shall provide to the Committees on Armed 


Pbinns on DSKJLVW7X2PROD with BILLS
333 

•S 2792 RS

1 Services of the House of Representatives and the 

2 Senate a briefing on the implementation of the pilot 

3 program under subsection (a)(1) or on the deter4 mination of the Secretary under subsection (a)(2) 

5 that the Secretary is not permitted to carry out the 

6 pilot program.’’; and 

7 (B) in paragraph (3)(A), by striking 

8 ‘‘March 1, 2024’’ and inserting ‘‘March 1, 

9 2025’’. 

10 Subtitle B—Health Care 

11 Administration 

12 SEC. 721. REVISIONS TO TRICARE PROVIDER NETWORKS. 

13 (a) TRICARE SELECT.—Section 1075 of title 10, 

14 United States Code, is amended— 

15 (1) by redesignating subsection (h) as sub16 section (i); and 

17 (2) by inserting after subsection (g) the fol18 lowing new subsection (h): 

19 ‘‘(h) AUTHORITY FOR MULTIPLE NETWORKS IN THE

20 SAME GEOGRAPHIC AREA.—(1) The Secretary may estab21 lish a system of multiple networks of providers under 

22 TRICARE Select in the same geographic area or areas. 

23 ‘‘(2) Under a system established under paragraph 

24 (1), the Secretary may— 


Pbinns on DSKJLVW7X2PROD with BILLS
334 

•S 2792 RS

1 ‘‘(A) require covered beneficiaries enrolling in 

2 TRICARE Select to enroll in a specific provider net3 work established under such system, in which case 

4 providers not in that provider network are deemed 

5 to be out-of-network providers under this section 

6 (even if they are in a different TRICARE Select 

7 provider network) and under any other applicable 

8 authorities limiting coverage of health care services 

9 or certain terms for providing services to those pro10 vided by network providers; and 

11 ‘‘(B) include beneficiaries covered by subsection 

12 (c)(2).’’. 

13 (b) TRICARE PRIME.—Section 1097a of such title 

14 is amended— 

15 (1) by redesignating subsection (e) as sub16 section (f); and 

17 (2) by inserting after subsection (d) the fol18 lowing new subsection (e): 

19 ‘‘(e) AUTHORITY FOR MULTIPLE NETWORKS IN THE

20 SAME GEOGRAPHIC AREA.—(1) The Secretary may estab21 lish a system of multiple networks of providers under 

22 TRICARE Prime in the same geographic area or areas. 

23 ‘‘(2) Under a system established under paragraph 

24 (1), the Secretary may require covered beneficiaries enroll25 ing in TRICARE Prime to enroll in a specific provider 


Pbinns on DSKJLVW7X2PROD with BILLS
335 

•S 2792 RS

1 network established under such system, in which case pro2 viders not in that provider network are deemed to be out3 of-network providers (even if they are in a different 

4 TRICARE Prime provider network) under applicable au5 thorities limiting coverage of health care services or cer6 tain terms for providing services to those provided by net7 work providers.’’. 

8 SEC. 722. IMPLEMENTATION OF AN INTEGRATED TRICARE 

9 PROGRAM THROUGH EFFECTIVE MARKET 

10 MANAGEMENT. 

11 (a) IN GENERAL.—Not later than April 1, 2022, the 

12 Secretary of Defense, acting through the Director of the 

13 Defense Health Agency, shall implement integration of the 

14 direct care and purchased care components of the 

15 TRICARE program through effective management of geo16 graphic markets. 

17 (b) ELEMENTS OF INTEGRATION.—The integration 

18 actions required by subsection (a) shall include the fol19 lowing elements: 

20 (1) Designation by the Director of the Defense 

21 Health Agency of a single market manager for each 

22 geographic market who shall— 

23 (A) report to the Director, through the As24 sistant Director for Health Care Administra25 tion; 


Pbinns on DSKJLVW7X2PROD with BILLS
336 

•S 2792 RS

1 (B) be under the authority, direction, and 

2 control of the Director; and 

3 (C) be responsible for the development and 

4 implementation of a market management plan 

5 for the geographic market. 

6 (2) Determinations by the Director, with the 

7 assistance of the market manager for the geographic 

8 market concerned, that in carrying out section 

9 1073d of title 10, United States Code, and section 

10 703 of the National Defense Authorization Act for 

11 Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 

12 1073d note), the TRICARE preferred provider net13 work in the geographic market has the capacity and 

14 capability to meet the needs of covered beneficiaries 

15 affected by the restructure or realignment of infra16 structure or modification of services of the military 

17 medical treatment facility involved. 

18 (3) Expeditious implementation of the require19 ments under section 725 of the National Defense 

20 Authorization Act for Fiscal Year 2017 (Public Law 

21 114–328; 10 U.S.C. 1074 note)— 

22 (A) to ensure that health care services pro23 vided through military medical treatment facili24 ties maintain the critical wartime medical readiVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
337 

•S 2792 RS

1 ness skills and core competencies of health care 

2 providers within the Armed Forces; 

3 (B) to meet the health care needs of cov4 ered beneficiaries under the TRICARE pro5 gram, subject to meeting the medical readiness 

6 requirements of the Armed Forces; and 

7 (C) to maintain the level of care required 

8 by such section in facilities in foreign countries. 

9 (4) With respect to TRICARE Prime— 

10 (A) development of a streamlined and ef11 fective system of patient referrals for covered 

12 beneficiaries enrolled in TRICARE Prime, par13 ticularly with respect to referrals from a pri14 mary care provider in the TRICARE network 

15 to a specialty care provider at a military med16 ical treatment facility for specialty care services 

17 available at the military medical treatment fa18 cility; and 

19 (B) continued operation of enrollment of 

20 covered beneficiaries in TRICARE Prime in ge21 ographic areas where the Director determines 

22 that such enrollment is appropriate to support 

23 the effective operation of one or more military 

24 medical treatment facilities. 

25 (c) DEFINITIONS.—In this section: 


Pbinns on DSKJLVW7X2PROD with BILLS
338 

•S 2792 RS

1 (1) COVERED BENEFICIARY; TRICARE PRIME; 

2 TRICARE PROGRAM.—The terms ‘‘covered bene3 ficiary’’, ‘‘TRICARE Prime’’, and ‘‘TRICARE pro4 gram’’ have the meanings given those terms in sec5 tion 1072 of title 10, United States Code. 

6 (2) GEOGRAPHIC MARKET.—The term ‘‘geo7 graphic market’’, with respect to the TRICARE pro8 gram, has the meaning given that term by the Di9 rector of the Defense Health Agency and shall in10 clude one or more inpatient military medical treat11 ment facilities. 

12 SEC. 723. ESTABLISHMENT OF CENTERS OF EXCELLENCE 

13 FOR ENHANCED TREATMENT OF OCULAR IN14 JURIES. 

15 (a) IN GENERAL.—Not later than October 1, 2022, 

16 the Secretary of Defense, acting through the Director of 

17 the Defense Health Agency, shall establish within the De18 fense Health Agency not fewer than four regional centers 

19 of excellence for the enhanced treatment of— 

20 (1) ocular wounds or injuries; and 

21 (2) vision dysfunction related to traumatic 

22 brain injury. 

23 (b) LOCATION OF CENTERS.—Each center of excel24 lence established under subsection (a) shall be located at 

25 a military medical center that provides graduate medical 


Pbinns on DSKJLVW7X2PROD with BILLS
339 

•S 2792 RS

1 education in ophthalmology and its related subspecialties 

2 and shall be the primary center for providing specialized 

3 medical services for vision for members of the Armed 

4 Forces in the region in which the center of excellence is 

5 located. 

6 (c) POLICIES FOR REFERRAL OF BENEFICIARIES.— 

7 Not later than October 1, 2022, the Director of the De8 fense Health Agency shall publish on a publicly available 

9 internet website of the Department of Defense policies for 

10 the referral of eligible beneficiaries of the Department to 

11 centers of excellence established under subsection (a) for 

12 evaluation and treatment. 

13 (d) IDENTIFICATION OF MEDICAL PERSONNEL BIL14 LETS AND STAFFING.—The Secretary of each military de15 partment, in conjunction with the Joint Staff Surgeon and 

16 the Director of the Defense Health Agency, shall identify 

17 specific medical personnel billets essential for the evalua18 tion and treatment of ocular sensory injuries and ensure 

19 that centers of excellence established under subsection (a) 

20 are staffed with such personnel at the level required for 

21 the enduring medical support of each such center. 

22 (e) REPORT.—Not later than December 31, 2022, the 

23 Secretary of Defense shall submit to the Committees on 

24 Armed Services of the Senate and the House of Represent25 atives a report that— 


Pbinns on DSKJLVW7X2PROD with BILLS
340 

•S 2792 RS

1 (1) describes the establishment of each center 

2 of excellence established under subsection (a), to in3 clude the location, capability, and capacity of each 

4 center; 

5 (2) describes the referral policy published by 

6 the Defense Health Agency under subsection (c); 

7 (3) identifies the medical personnel billets iden8 tified under subsection (d); and 

9 (4) Provides a plan for staffing of personnel at 

10 such centers to ensure the enduring medical support 

11 of each such center. 

12 (f) MILITARY MEDICAL CENTER DEFINED.—In this 

13 section, the term ‘‘military medical center’’ means a med14 ical center described in section 1073d(b) of title 10, 

15 United States Code. 

16 SEC. 724. MANDATORY TRAINING ON HEALTH EFFECTS OF 

17 BURN PITS. 

18 The Secretary of Defense shall provide to each med19 ical provider of the Department of Defense mandatory 

20 training with respect to the potential health effects of burn 

21 pits. 


Pbinns on DSKJLVW7X2PROD with BILLS
341 

•S 2792 RS

1 SEC. 725. REMOVAL OF REQUIREMENT FOR ONE YEAR OF 

2 PARTICIPATION IN CERTAIN MEDICAL AND 

3 LIFESTYLE INCENTIVE PROGRAMS OF THE 

4 DEPARTMENT OF DEFENSE TO RECEIVE BEN5 EFITS UNDER SUCH PROGRAMS. 

6 Section 729 of the National Defense Authorization 

7 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 

8 1073 note) is amended— 

9 (1) in subsection (a)(1), by striking, ‘‘in the 

10 previous year’’; 

11 (2) in subsection (b), by striking, ‘‘in the pre12 vious year’’; and 

13 (3) in subsection (c), by striking, ‘‘in the pre14 vious year’’. 

15 SEC. 726. AUTHORITY OF SECRETARY OF DEFENSE AND 

16 SECRETARY OF VETERANS AFFAIRS TO 

17 ENTER INTO AGREEMENTS FOR PLANNING, 

18 DESIGN, AND CONSTRUCTION OF FACILITIES 

19 TO BE OPERATED AS SHARED MEDICAL FA20 CILITIES. 

21 (a) AUTHORITY OF SECRETARY OF DEFENSE.— 

22 (1) IN GENERAL.—Chapter 55 of title 10, 

23 United States Code, is amended by inserting after 

24 section 1104 the following new section: 


Pbinns on DSKJLVW7X2PROD with BILLS
342 

•S 2792 RS

1 ‘‘§ 1104a. Shared medical facilities with Department 

2 of Veterans Affairs 

3 ‘‘(a) AGREEMENTS.—Secretary of Defense may enter 

4 into agreements with the Secretary of Veterans Affairs for 

5 the planning, design, and construction of facilities to be 

6 operated as shared medical facilities. 

7 ‘‘(b) TRANSFER OF FUNDS BY SECRETARY OF DE8 FENSE.—(1) The Secretary of Defense may transfer to 

9 the Secretary of Veterans Affairs amounts as follows: 

10 ‘‘(A) For the construction of a shared medical 

11 facility, amounts not in excess of the amount author12 ized under subsection (a)(2) of section 2805 of this 

13 title, if— 

14 ‘‘(i) the amount of the share of the De15 partment of Defense for the estimated cost of 

16 the project does not exceed the amount author17 ized under such subsection; and 

18 ‘‘(ii) the other requirements of such section 

19 have been met with respect to funds identified 

20 for transfer. 

21 ‘‘(B) For the planning, design, and construction 

22 of space for a shared medical facility, amounts ap23 propriated for the Defense Health Program. 

24 ‘‘(2) The authority to transfer funds under this sec25 tion is in addition to any other authority to transfer funds 

26 available to the Secretary of Defense. 


Pbinns on DSKJLVW7X2PROD with BILLS
343 

•S 2792 RS

1 ‘‘(3) Section 2215 of this title does not apply to a 

2 transfer of funds under this subsection. 

3 ‘‘(c) TRANSFER OF FUNDS TO SECRETARY OF DE4 FENSE.—(1) Any amount transferred to the Secretary of 

5 Defense by the Secretary of Veterans Affairs for necessary 

6 expenses for the planning, design, and construction of a 

7 shared medical facility, if the amount of the share of the 

8 Department of Defense for the cost of such project does 

9 not exceed the amount specified in section 2805(a)(2) of 

10 this title, may be credited to accounts of the Department 

11 of Defense available for the construction of a shared med12 ical facility. 

13 ‘‘(2) Any amount transferred to the Secretary of De14 fense by the Secretary of Veterans Affairs for the purpose 

15 of the planning and design of space for a shared medical 

16 facility may be credited to accounts of the Department of 

17 Defense available for such purposes, and may be used for 

18 such purposes. 

19 ‘‘(3) Using accounts credited with transfers from the 

20 Secretary of Veterans Affairs under paragraph (1), the 

21 Secretary of Defense may carry out unspecified minor 

22 military construction projects, if the share of the Depart23 ment of Defense for the cost of such project does not ex24 ceed the amount specified in section 2805(a)(2) of this 

25 title. 


Pbinns on DSKJLVW7X2PROD with BILLS
344 

•S 2792 RS

1 ‘‘(d) MERGER OF AMOUNTS TRANSFERRED.—Any 

2 amount transferred to the Secretary of Veterans Affairs 

3 under subsection (b) and any amount transferred to the 

4 Secretary of Defense under subsection (c) shall be merged 

5 with and available for the same purposes and the same 

6 period as the appropriation or fund to which transferred. 

7 ‘‘(e) APPROPRIATION IN ADVANCE.—Amounts may 

8 be transferred pursuant to the authority under this section 

9 only to the extent and in the amounts provided in advance 

10 in appropriations Acts. 

11 ‘‘(f) SHARED MEDICAL FACILITY DEFINED.—In this 

12 section, the term ‘shared medical facility’— 

13 ‘‘(1) means a building or buildings, or a cam14 pus, intended to be used by both the Department of 

15 Veterans Affairs and the Department of Defense for 

16 the provision of health care services, whether under 

17 the jurisdiction of the Secretary of Veterans Affairs 

18 or the Secretary of Defense, and whether or not lo19 cated on a military installation or on real property 

20 under the jurisdiction of the Secretary of Veterans 

21 Affairs; and 

22 ‘‘(2) includes any necessary building and auxil23 iary structure, garage, parking facility, mechanical 

24 equipment, abutting and covered sidewalks, and ac25 commodations for attending personnel.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
345 

•S 2792 RS

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 55 of such title is 

3 amended by inserting after the item relating to sec4 tion 1104 the following new item: 

‘‘1104a. Shared medical facilities with Department of Veterans Affairs.’’. 

5 (b) AUTHORITY OF SECRETARY OF VETERANS AF6 FAIRS.— 

7 (1) IN GENERAL.—Chapter 81 of title 38, 

8 United States Code, is amended by inserting after 

9 section 8111A the following new section: 

10 ‘‘§ 8111B. Shared medical facilities with Department 

11 of Defense 

12 ‘‘(a) AGREEMENTS.—The Secretary of Veterans Af13 fairs may enter into agreements with the Secretary of De14 fense for the planning, design, and construction of facili15 ties to be operated as shared medical facilities. 

16 ‘‘(b) TRANSFER OF FUNDS BY SECRETARY OF VET17 ERANS AFFAIRS.—(1) The Secretary of Veterans Affairs 

18 may transfer to the Department of Defense amounts ap19 propriated to the Department of Veterans Affairs for 

20 ‘Construction, minor projects’ for use for the planning, de21 sign, or construction of a shared medical facility if the 

22 estimated share of the project costs of the Department 

23 of Veterans Affairs does not exceed the amount specified 

24 in section 8104(a)(3)(A) of this title. 


Pbinns on DSKJLVW7X2PROD with BILLS
346 

•S 2792 RS

1 ‘‘(2) The Secretary of Veterans Affairs may transfer 

2 to the Department of Defense amounts appropriated to 

3 the Department of Veterans Affairs for ‘Construction, 

4 major projects’ for use for the planning, design, or con5 struction of a shared medical facility if— 

6 ‘‘(A) the estimated share of the project costs of 

7 the Department of Veterans Affairs exceeds the 

8 amount specified in section 8104(a)(3)(A) of this 

9 title; and 

10 ‘‘(B) the other requirements of section 8104 of 

11 this title have been met with respect to amounts 

12 identified for transfer. 

13 ‘‘(c) TRANSFER OF FUNDS TO SECRETARY OF VET14 ERANS AFFAIRS.—(1) Any amount transferred to the Sec15 retary of Veterans Affairs by the Secretary of Defense for 

16 necessary expenses for the planning, design, or construc17 tion of a shared medical facility, if the estimated share 

18 of the project costs of the Department of Veterans Affairs 

19 does not exceed the amount specified in section 

20 8104(a)(3)(A) of this title, may be credited to the ‘Con21 struction, minor projects’ account of the Department of 

22 Veterans Affairs and used for the necessary expenses of 

23 constructing such shared medical facility. 

24 ‘‘(2) Any amount transferred to the Secretary of Vet25 erans Affairs by the Secretary of Defense for necessary 


Pbinns on DSKJLVW7X2PROD with BILLS
347 

•S 2792 RS

1 expenses for the planning, design, or construction of a 

2 shared medical facility, if the estimated share of the 

3 project costs of the Department of Veterans Affairs ex4 ceeds the amount specified in section 8104(a)(3)(A) of 

5 this title, may be credited to the ‘Construction, major 

6 projects’ account of the Department of Veterans Affairs 

7 and used for the necessary expenses of constructing such 

8 shared medical facility if the other requirements of section 

9 8104 of this title have been met with respect to amounts 

10 identified for transfer. 

11 ‘‘(d) MERGER OF AMOUNTS TRANSFERRED.—Any 

12 amount transferred to the Secretary of Defense under sub13 section (b) and any amount transferred to the Secretary 

14 of Veterans Affairs under subsection (c) shall be merged 

15 with and available for the same purposes and the same 

16 period as the appropriation or fund to which transferred. 

17 ‘‘(e) APPROPRIATION IN ADVANCE.—Amounts may 

18 be transferred pursuant to the authority under this section 

19 only to the extent and in the amounts provided in advance 

20 in appropriations Acts. 

21 ‘‘(f) SHARED MEDICAL FACILITY DEFINED.—In this 

22 section, the term ‘shared medical facility’— 

23 ‘‘(1) means a building or buildings, or a cam24 pus, intended to be used by both the Department of 

25 Veterans Affairs and the Department of Defense for 


Pbinns on DSKJLVW7X2PROD with BILLS
348 

•S 2792 RS

1 the provision of health care services, whether under 

2 the jurisdiction of the Secretary of Veterans Affairs 

3 or the Secretary of Defense, and whether or not lo4 cated on a military installation or on real property 

5 under the jurisdiction of the Secretary of Veterans 

6 Affairs; and 

7 ‘‘(2) includes any necessary building and auxil8 iary structure, garage, parking facility, mechanical 

9 equipment, abutting and covered sidewalks, and ac10 commodations for attending personnel.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of subchapter I of chapter 81 

13 of such title is amended by inserting after the item 

14 relating to section 8111A the following new item: 

‘‘8111B. Shared medical facilities with Department of Defense.’’. 

15 SEC. 727. CONSISTENCY IN ACCOUNTING FOR MEDICAL RE16 IMBURSEMENTS RECEIVED BY MILITARY 

17 MEDICAL TREATMENT FACILITIES FROM 

18 OTHER FEDERAL AGENCIES. 

19 (a) IN GENERAL.—Section 1085 of title 10, United 

20 States Code, is amended— 

21 (1) in the section heading, by striking ‘‘reim22 bursement’’ and inserting ‘‘charges for care’’; 

23 (2) by striking ‘‘If a member’’ and inserting 

24 ‘‘(a) COLLECTION OF FEES.—(1) If a member’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
349 

•S 2792 RS

1 (3) in subsection (a), as designated by para2 graph (2)— 

3 (A) by striking ‘‘inpatient medical or den4 tal care in a facility’’ and inserting ‘‘inpatient 

5 or outpatient medical or dental care at or 

6 through a facility’’; 

7 (B) by striking ‘‘the appropriation for’’ 

8 and inserting ‘‘the executive department’’; 

9 (C) by striking ‘‘shall be reimbursed’’ and 

10 inserting ‘‘shall charge and collect fees’’; and 

11 (D) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) Amounts collected by an executive department 

14 under paragraph (1) shall be credited to the appropriation 

15 account currently available for obligation that is used to 

16 support the maintenance and operation of facilities at or 

17 through which the executive department provided the med18 ical or dental care described in such paragraph.’’; and 

19 (4) by adding at the end the following new sub20 sections: 

21 ‘‘(b) ESTABLISHMENT OF RATES.—(1) If an execu22 tive department incurs expenses in providing medical or 

23 dental care described in paragraph (2) or (3), the execu24 tive department may charge and collect fees at rates estab25 lished by the Secretary of such department to reflect the 


Pbinns on DSKJLVW7X2PROD with BILLS
350 

•S 2792 RS

1 cost of providing or making available the care, as deter2 mined by such Secretary. 

3 ‘‘(2) The care described in this paragraph is inpatient 

4 or outpatient medical or dental care provided at or 

5 through a facility under the jurisdiction of the Secretary 

6 of Defense to a person who is entitled to receive medical 

7 or dental care at a facility under the jurisdiction of an8 other Federal agency. 

9 ‘‘(3) The care described in this paragraph is inpatient 

10 or outpatient medical or dental care provided at or 

11 through a facility under the jurisdiction of a Federal agen12 cy that is not the Department of Defense to a person 

13 who— 

14 ‘‘(A) is entitled to receive medical or dental care 

15 at a facility under the jurisdiction of the Secretary 

16 of Defense under section 1074 of this title; or 

17 ‘‘(B) is a covered beneficiary, as that term is 

18 defined in section 1072 of this title. 

19 ‘‘(c) RELATIONSHIP TO OTHER AUTHORITIES.—Au20 thority provided by subsections (a)(1) and (b) may be ex21 ercised— 

22 ‘‘(1) in conjunction with authority for 

23 healthcare resource sharing provided to the Sec24 retary of Defense and the Secretary of Veterans Af25 fairs for the mutually beneficial coordination, use, or 


Pbinns on DSKJLVW7X2PROD with BILLS
351 

•S 2792 RS

1 exchange of use of health care resources under sec2 tion 1104 of this title and section 8111 of title 38; 

3 and 

4 ‘‘(2) in lieu of and notwithstanding section 

5 717(c)(2) of the National Defense Authorization Act 

6 for Fiscal Year 2017 (Public Law 114–328; 10 

7 U.S.C. 1071 note).’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 55 of title 10, United States 

10 Code, is amended by striking the item relating to section 

11 1085 and inserting the following new item: 

‘‘1085. Medical and dental care from another executive department: charges for 

care.’’. 

12 Subtitle C—Reports and Other 

13 Matters 

14 SEC. 741. ACCESS BY UNITED STATES GOVERNMENT EM15 PLOYEES AND THEIR FAMILY MEMBERS TO 

16 CERTAIN FACILITIES OF DEPARTMENT OF 

17 DEFENSE FOR ASSESSMENT AND TREATMENT 

18 OF ANOMALOUS HEALTH CONDITIONS. 

19 (a) ASSESSMENT.—The Secretary of Defense shall 

20 provide to employees of the United States Government and 

21 their family members who the Secretary determines are 

22 experiencing symptoms of certain anomalous health condi23 tions, as defined by the Secretary for purposes of this sec24 tion, timely access for medical assessment, subject to 


Pbinns on DSKJLVW7X2PROD with BILLS
352 

•S 2792 RS

1 space availability, to the National Intrepid Center of Ex2 cellence, an Intrepid Spirit Center, or an appropriate mili3 tary medical treatment facility, as determined by the Sec4 retary. 

5 (b) TREATMENT.—With respect to an individual de6 scribed in subsection (a) diagnosed with an anomalous 

7 health condition or a related affliction, whether diagnosed 

8 under an assessment under subsection (a) or otherwise, 

9 the Secretary of Defense shall furnish to the individual 

10 treatment for the condition or affliction, subject to space 

11 availability, at the National Intrepid Center of Excellence, 

12 an Intrepid Spirit Center, or an appropriate military med13 ical treatment facility, as determined by the Secretary. 

14 (c) DEVELOPMENT OF PROCESS.—The Secretary of 

15 Defense, in consultation with the heads of such Federal 

16 agencies as the Secretary considers appropriate, shall de17 velop a process to ensure that employees from those agen18 cies and their family members are afforded timely access 

19 to the National Intrepid Center of Excellence, an Intrepid 

20 Spirit Center, or an appropriate military medical treat21 ment facility pursuant to subsection (a) by not later than 

22 60 days after the date of the enactment of this Act. 

23 (d) MODIFICATION OF DEPARTMENT OF DEFENSE

24 TRAUMA REGISTRY.—The Secretary of Defense shall 

25 modify the Trauma Registry of the Department of DeVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
353 

•S 2792 RS

1 fense to include data on the demographics, condition-pro2 ducing event, diagnosis and treatment, and outcomes of 

3 anomalous health conditions experienced by employees of 

4 the United States Government and their family members 

5 assessed or treated under this section, subject to an agree6 ment by the employing agency and the consent of the em7 ployee. 

8 SEC. 742. EXTENSION OF AUTHORITY FOR JOINT DEPART9 MENT OF DEFENSE-DEPARTMENT OF VET10 ERANS AFFAIRS MEDICAL FACILITY DEM11 ONSTRATION FUND. 

12 Section 1704(e) of the National Defense Authoriza13 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

14 Stat. 2567), as most recently amended by section 732 of 

15 the National Defense Authorization Act for Fiscal Year 

16 2020 (Public Law 116–92; 133 Stat. 1460)), is amended 

17 by striking ‘‘September 30, 2021’’ and inserting ‘‘Sep18 tember 30, 2023’’. 

19 SEC. 743. COMPTROLLER GENERAL STUDY ON IMPLEMEN20 TATION BY DEPARTMENT OF DEFENSE OF 

21 RECENT STATUTORY REQUIREMENTS TO RE22 FORM THE MILITARY HEALTH SYSTEM. 

23 (a) STUDY.— 

24 (1) IN GENERAL.—The Comptroller General of 

25 the United States shall conduct a study on the imVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
354 

•S 2792 RS

1 plementation by the Department of Defense of stat2 utory requirements to reform the military health sys3 tem contained in a covered Act. 

4 (2) ELEMENTS.—The study required by para5 graph (1) shall include the following elements: 

6 (A) A compilation of a list of, and citation 

7 for, each statutory requirement on reform of 

8 the military health system contained in a cov9 ered Act. 

10 (B) An assessment of the extent to which 

11 such requirement was implemented, or is cur12 rently being implemented. 

13 (C) An evaluation of the actions taken by 

14 the Department of Defense to assess and deter15 mine the effectiveness of actions taken pursuant 

16 to such requirement. 

17 (D) Such other matters in connection with 

18 the implementation of such requirement as the 

19 Comptroller General considers appropriate. 

20 (b) BRIEFING AND REPORT.— 

21 (1) BRIEFING.—Not later than May 1, 2022, 

22 the Comptroller General shall brief the Committees 

23 on Armed Services of the Senate and the House of 

24 Representatives on the status of the study conducted 

25 under subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
355 

•S 2792 RS

1 (2) REPORT.—Not later than May 1, 2023, the 

2 Comptroller General shall submit to the Committees 

3 on Armed Services of the Senate and the House of 

4 Representatives a report on the study conducted 

5 under subsection (a) that includes the elements spec6 ified in paragraph (2) of such subsection. 

7 (c) COVERED ACT DEFINED.—In this section, the 

8 term ‘‘covered Act’’ means any of the following: 

9 (1) The William M. (Mac) Thornberry National 

10 Defense Authorization Act for Fiscal Year 2021 

11 (Public Law 116–283). 

12 (2) The National Defense Authorization Act for 

13 Fiscal Year 2020 (Public Law 116–92). 

14 (3) The John S. McCain National Defense Au15 thorization Act for Fiscal Year 2019 (Public Law 

16 115–232). 

17 (4) The National Defense Authorization Act for 

18 Fiscal Year 2018 (Public Law 115–91). 

19 (5) The National Defense Authorization Act for 

20 Fiscal Year 2017 (Public Law 114–328). 

21 (6) The National Defense Authorization Act for 

22 Fiscal Year 2016 (Public Law 114–92). 

23 (7) The Carl Levin and Howard P. ‘‘Buck’’ 

24 McKeon National Defense Authorization Act for 

25 Fiscal Year 2015 (Public Law 113–291). 


Pbinns on DSKJLVW7X2PROD with BILLS
356 

•S 2792 RS

1 (8) The National Defense Authorization Act for 

2 Fiscal Year 2014 (Public Law 113–66). 

3 (9) The National Defense Authorization Act for 

4 Fiscal Year 2013 (Public Law 112–239). 

5 (10) The National Defense Authorization Act 

6 for Fiscal Year 2012 (Public Law 112–81). 

7 TITLE VIII—ACQUISITION POL8 ICY, ACQUISITION MANAGE9 MENT, AND RELATED MAT10 TERS 

11 Subtitle A—Acquisition Policy and 

12 Management 

13 SEC. 801. REPEAL OF PREFERENCE FOR FIXED-PRICE CON14 TRACTS. 

15 Section 829 of the National Defense Authorization 

16 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 

17 2306 note) is hereby repealed. 

18 SEC. 802. IMPROVING THE USE OF AVAILABLE DATA TO 

19 MANAGE AND FORECAST SERVICE CONTRACT 

20 REQUIREMENTS. 

21 (a) IMPLEMENTATION REQUIRED.—Not later than 

22 180 days after the date of the enactment of this Act, the 

23 Secretary of the Air Force and the Secretary of the Navy 

24 shall, except as provided under subsection (b), commence 

25 implementation of priority recommendation number 1 and 


Pbinns on DSKJLVW7X2PROD with BILLS
357 

•S 2792 RS

1 priority recommendation number 2, respectively, in the 

2 Government Accountability Office report entitled, ‘‘DOD 

3 Service Acquisition: Improved Use of Available Data 

4 Needed to Better Manage and Forecast Service Contract 

5 Requirements’’ (GAO–16–119). 

6 (b) EXCEPTIONS.— 

7 (1) DELAYED IMPLEMENTATION.—The Sec8 retary of the Air Force or the Secretary of the Navy, 

9 as appropriate, may commence implementation of an 

10 open recommendation described in subsection (a) 

11 later than the date required under such subsection 

12 if, not later than 180 days after the date of the en13 actment of this Act, the Secretary concerned pro14 vides the Committees on Armed Services of the Sen15 ate and the House of Representatives with justifica16 tion for the delay in implementation of such rec17 ommendation. 

18 (2) NONIMPLEMENTATION.—The Secretary of 

19 the Air Force or the Secretary of the Navy, as ap20 propriate, may opt not to implement an open rec21 ommendation described in subsection (a) if, not later 

22 than 180 days after the date of the enactment of 

23 this Act, the Secretary concerned provides the Com24 mittees on Armed Services of the Senate and the 

25 House of Representatives— 


Pbinns on DSKJLVW7X2PROD with BILLS
358 

•S 2792 RS

1 (A) the reasons for the decision not to im2 plement the recommendation; and 

3 (B) a summary of the alternate actions the 

4 Secretary plans to address the purposes under5 lying the recommendation. 

6 (c) IMPLEMENTATION PLANS.—As to a recommenda7 tion described in subsection (a) that the Secretary of the 

8 Air Force or the Secretary of the Navy, as appropriate, 

9 is implementing or plans to implement, the Secretary con10 cerned shall, not later than 180 days after the date of 

11 the enactment of this Act, submit to the Committees on 

12 Armed Services of the Senate and the House of Represent13 atives— 

14 (1) a summary of actions that have been taken 

15 to implement the recommendation; and 

16 (2) a schedule, with specific milestones, for 

17 completing implementation of the recommendation. 

18 (d) ACTION BY SECRETARY OF DEFENSE.—The Sec19 retary of Defense shall establish a mechanism to ensure 

20 that the integration of services into the programming 

21 process and the development of forecasts on service con22 tract spending provide Department leaders with consistent 

23 data. 

24 (e) AMENDMENTS.—Section 2329 of title 10, United 

25 States Code, is amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
359 

•S 2792 RS

1 (1) in subsection (b)(5) by striking ‘‘be included 

2 in the future-years defense program submitted to 

3 Congress under section 221 of this title’’ and insert4 ing ‘‘include the fiscal year and the period covered 

5 by the future-years defense program submitted to 

6 Congress under section 221 of this title for that fis7 cal year’’; 

8 (2) in subsection (c)(3)(C) by striking ‘‘after 

9 the date of the enactment of this subsection’’ and in10 serting ‘‘after December 12, 2017’’; 

11 (3) in subsection (d)— 

12 (A) by inserting ‘‘(1)’’ before ‘‘Each Serv13 ices Requirements Review Board’’; and 

14 (B) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) The Secretary of Defense shall develop and dis17 seminate standard guidelines within the Department of 

18 Defense for the evaluation of requirements for services 

19 contracts.’’; and 

20 (4) in subsection (g)(3) by striking ‘‘dated Jan21 uary 5, 2016’’ and inserting ‘‘dated January 10, 

22 2020’’. 

23 (f) REPEAL OF OBSOLETE REQUIREMENT.— 

24 (1) IN GENERAL.—Section 235 of title 10, 

25 United States Code, is repealed. 


Pbinns on DSKJLVW7X2PROD with BILLS
360 

•S 2792 RS

1 (2) CONFORMING AMENDMENT.—The table of 

2 sections at the beginning of chapter 9 of title 10, 

3 United States Code, is amended by striking the item 

4 relating to section 235. 

5 SEC. 803. ASSESSMENT OF IMPEDIMENTS AND INCENTIVES 

6 TO IMPROVING THE ACQUISITION OF COM7 MERCIAL TECHNOLOGY, PRODUCTS, AND 

8 SERVICES. 

9 (a) ASSESSMENT REQUIRED.—The Under Secretary 

10 of Defense for Acquisition and Sustainment and the 

11 Chairman of the Joint Requirements Oversight Council 

12 (JROC) shall jointly assess impediments and incentives to 

13 fulfilling the goals of sections 1906, 1907, and 3307 of 

14 title 41, United States Code, and sections 2375, 2376, and 

15 2377 of title 10, United States Code, regarding pref16 erences for commercial products and services. 

17 (b) ASSESSMENT OBJECTIVE.—The objective of the 

18 assessment is to enhance the innovation strategy of the 

19 Department of Defense to compete effectively against peer 

20 adversaries by rapidly adopting commercial advances in 

21 technology. 

22 (c) ELEMENTS OF ASSESSMENT.—The assessment 

23 shall include a review of— 

24 (1) policies, regulations, and oversight proc25 esses; 


Pbinns on DSKJLVW7X2PROD with BILLS
361 

•S 2792 RS

1 (2) acquisition workforce training and edu2 cation; 

3 (3) the role of requirements in determining ac4 quisitions pathways, including the ability to accom5 modate evolving commercial functionality, new op6 portunities identified during market research, and 

7 how phasing and uncertainty in requirements are 

8 treated; 

9 (4) the role of competitive procedures and 

10 source selection procedures, including the ability to 

11 structure acquisitions to accommodate multiple or 

12 unequal solutions; 

13 (5) the role of planning, programming, and 

14 budgeting structures and processes, including appro15 priations categories; 

16 (6) systemic biases in favor of custom solutions; 

17 (7) risk to contracting officers and acquiring of18 ficials of pursuing commercial products and services, 

19 and incentives and disincentives for acquisition orga20 nizations; and 

21 (8) potential reforms that do not impose addi22 tional burdensome and time-consuming constraints 

23 on the acquisition process. 

24 (d) BRIEFING.—Not later than 120 days after the 

25 date of the enactment of this Act, the Under Secretary 


Pbinns on DSKJLVW7X2PROD with BILLS
362 

•S 2792 RS

1 and the Chairman of JROC shall brief the congressional 

2 defense committees on the results of the required assess3 ment and actions undertaken to improve compliance with 

4 the statutory preference for commercial products and serv5 ices, including any recommendations to Congress for legis6 lative action. 

7 SEC. 804. PILOT PROGRAM ON ACQUISITION PRACTICES 

8 FOR EMERGING TECHNOLOGIES. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, the Secretary of De11 fense, acting through the Under Secretary of Defense for 

12 Acquisition and Sustainment or the Under Secretary’s 

13 designee, shall establish a pilot program to develop and 

14 implement unique acquisition mechanisms for emerging 

15 technologies in order to increase the speed of transition 

16 of emerging technologies into acquisition programs or into 

17 operational use. 

18 (b) ELEMENTS.—The pilot program shall include ac19 tivities to— 

20 (1) identify and award not less than four agree21 ments for new projects to support high-priority de22 fense modernization activities, consistent with the 

23 National Defense Strategy, with consideration given 

24 to— 

25 (A) offensive missile capabilities; 


Pbinns on DSKJLVW7X2PROD with BILLS
363 

•S 2792 RS

1 (B) space-based assets; 

2 (C) personnel and quality of life improve3 ment; and 

4 (D) energy generation and storage; 

5 (2) develop a unique acquisition plan for each 

6 new project identified pursuant to paragraph (1) 

7 that is significantly novel from standard Department 

8 of Defense acquisition practices, including the use 

9 of— 

10 (A) alternative price evaluation models; 

11 (B) alternative independent cost estimation 

12 methodologies; 

13 (C) alternative market research methods; 

14 (D) continuous assessment of performance 

15 metrics to measure project value for use in pro16 gram management and oversight; 

17 (E) alternative intellectual property strate18 gies, including activities to support modular 

19 open systems architectures and reducing life 

20 cycle and sustainment costs; and 

21 (F) other alternative practices as identified 

22 by the Secretary; 

23 (3) execute the acquisition plans outlined in 

24 paragraph (2) and award agreements in an expe25 dited manner; and 


Pbinns on DSKJLVW7X2PROD with BILLS
364 

•S 2792 RS

1 (4) establish mechanisms for projects under the 

2 pilot program to request permission to waive appro3 priate Department, military service, or defense agen4 cy regulations, directives, or policies not required by 

5 law, to support the goals of the pilot program, in6 cluding waivers of acquisition, personnel, and tech7 nology transfer policies and practices. 

8 (c) PROJECT CANCELLATION.—The Secretary of De9 fense may establish procedures to terminate agreements 

10 awarded under the pilot program, including processes to 

11 notify the congressional defense committees 30 days prior 

12 to a termination. 

13 (d) PILOT PROGRAM ADVISORY GROUP.—The Under 

14 Secretary shall establish a pilot program advisory group 

15 to advise the Under Secretary on the selection, manage16 ment, elements, data collection, and termination of 

17 projects, to include at least— 

18 (1) one member from each military department, 

19 appointed by the Secretary of the military depart20 ment concerned; 

21 (2) one member appointed by the Under Sec22 retary of Defense for Research and Engineering; 

23 (3) one member appointed by the Under Sec24 retary of Defense for Acquisition and Sustainment; 


Pbinns on DSKJLVW7X2PROD with BILLS
365 

•S 2792 RS

1 (4) one member appointed by the Director of 

2 the Strategic Capabilities Office of the Department 

3 of Defense; 

4 (5) one member appointed by the Director of 

5 the Defense Advanced Research Projects Agency; 

6 and 

7 (6) one member appointed by the Director of 

8 Operational Test and Evaluation. 

9 (e) DEADLINE FOR APPOINTMENT.—Members of the 

10 advisory group shall be appointed not later than 30 days 

11 after the date of the establishment of the pilot program 

12 under subsection (a). 

13 (f) INFORMATION TO CONGRESS.— 

14 (1) BRIEFING REQUIREMENT.—Not later than 

15 180 days after the date of the enactment of this Act, 

16 and not less than annually thereafter, the Secretary 

17 shall provide to the congressional defense commit18 tees a briefing on activities under this section. 

19 (2) BUDGET JUSTIFICATION MATERIALS.—The 

20 Secretary shall establish procedures to clearly iden21 tify all projects under the pilot program in budget 

22 justification materials submitted to the congressional 

23 defense committees. 

24 (g) DATA REQUIREMENTS.— 


Pbinns on DSKJLVW7X2PROD with BILLS
366 

•S 2792 RS

1 (1) COLLECTION AND ANALYSIS OF DATA.—The 

2 Secretary shall establish mechanisms to collect and 

3 analyze data on the execution of the pilot program 

4 for the purpose of— 

5 (A) developing and sharing best practices 

6 for achieving goals established for the pilot pro7 gram; 

8 (B) providing information to the Secretary 

9 and the congressional defense committees on 

10 the execution of the pilot; and 

11 (C) providing information to the Secretary 

12 and the congressional defense committees on re13 lated policy issues. 

14 (2) DATA STRATEGY REQUIRED.—The Sec15 retary may not execute the pilot program prior to 

16 completion of a data strategy and plan to meet the 

17 requirements of this subsection. 

18 (h) TERMINATION.—The pilot program established 

19 under this subsection shall terminate after all the projects 

20 identified under subsection (b)(1) have been completed or 

21 cancelled by the Department of Defense. 


Pbinns on DSKJLVW7X2PROD with BILLS
367 

•S 2792 RS

1 SEC. 805. ANNUAL REPORT ON HIGHEST AND LOWEST PER2 FORMING ACQUISITION PROGRAMS OF THE 

3 DEPARTMENT OF DEFENSE. 

4 (a) IN GENERAL.—Not later than January 31, 2023, 

5 and annually thereafter, the Secretary of Defense shall 

6 submit to the congressional defense committees a report 

7 that contains a ranking of the five highest performing and 

8 five lowest performing covered acquisition programs of the 

9 Department of Defense. 

10 (b) RANKING CRITERIA.— 

11 (1) IN GENERAL.—The Secretary of Defense, in 

12 consultation with the Under Secretary of Defense 

13 for Acquisition and Sustainment, the Service Acqui14 sition Executives, and other appropriate officials, 

15 shall determine the criteria to be used for purposes 

16 of the rankings. 

17 (2) INCLUSION IN REPORT.—The Secretary of 

18 Defense shall include in the report submitted under 

19 subsection (a) a discussion of the specific ranking 

20 criteria determined under paragraph (2), including a 

21 description of how those criteria are consistent with 

22 best acquisition practices. 

23 (c) LOWEST PERFORMING ACQUISITION PRO24 GRAMS.—Not later than April 1, 2023, and annually 

25 thereafter, the decision authority for each of the five ac26 quisition programs ranked as the lowest performing in the 


Pbinns on DSKJLVW7X2PROD with BILLS
368 

•S 2792 RS

1 report submitted under subsection (a) for that year shall 

2 submit to the congressional defense committees a report 

3 that includes the following information for that acquisition 

4 program: 

5 (1) A description of the factors that contributed 

6 to the program’s ranking as low performing. 

7 (2) An assessment of the underlying causes of 

8 the program’s poor performance. 

9 (3) A plan for addressing the program’s chal10 lenges and improving performance, including specific 

11 actions that will be taken and proposed timelines for 

12 completing such actions. 

13 (d) DEFINITIONS.—In this section: 

14 (1) The term ‘‘covered acquisition program’’ 

15 means— 

16 (A) a major defense acquisition program 

17 as defined in section 2430 of title 10, United 

18 States Code; or 

19 (B) an acquisition program, subprogram, 

20 or project that is estimated by the Secretary of 

21 Defense to require an eventual total expenditure 

22 described in section 2430(a)(1)(B) of title 10, 

23 United States Code. 

24 (2) The term ‘‘decision authority’’ means the 

25 official within the Department of Defense designated 


Pbinns on DSKJLVW7X2PROD with BILLS
369 

•S 2792 RS

1 with the overall responsibility and authority for ac2 quisition decisions for the program, subprogram, or 

3 project, including authority to approve entry of the 

4 program, subprogram, or project into the next phase 

5 of the acquisition process. 

6 SEC. 806. SYSTEMS ENGINEERING DETERMINATIONS. 

7 (a) IN GENERAL.—Chapter 139 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 2374b. Systems Engineering Determinations 

11 ‘‘(a) REQUIREMENT.—The Secretary of Defense shall 

12 ensure that any Department of Defense transaction en13 tered into under an authority described in subsection (b) 

14 includes System Engineering Determinations as provided 

15 under subsection (c). 

16 ‘‘(b) COVERED AUTHORITIES.—The authorities de17 scribed under this subsection are as follows: 

18 ‘‘(1) Section 2371 of this title for applied and 

19 advanced research project transactions relating to 

20 weapons systems. 

21 ‘‘(2) Section 2371b of this title for transactions 

22 relating to weapons systems. 

23 ‘‘(3) Section 2373 of this title. 

24 ‘‘(4) Section 2358 of this title for transactions 

25 relating to weapons systems. 


Pbinns on DSKJLVW7X2PROD with BILLS
370 

•S 2792 RS

1 ‘‘(c) SYSTEMS ENGINEERING DETERMINATIONS.— 

2 ‘‘(1) SYSTEMS ENGINEERING DETERMINATION

3 ‘A’.—(A) The head of the Department of Defense 

4 activity that has technical oversight over a trans5 action covered under this section shall identify, in 

6 writing, not later than 30 days after such trans7 action is entered into, measurable success criteria re8 lated to potential military applications to be dem9 onstrated not later than the final day of the trans10 action’s period of performance. 

11 ‘‘(B) Not later than 30 days after the end of 

12 the period of performance referred to in subpara13 graph (A), the head of activity shall make one of the 

14 following determinations and document such action 

15 in writing with notice provided to the performer: 

16 ‘‘(i) ‘Discontinue’: Discontinue support, 

17 with rationale noted. 

18 ‘‘(ii) ‘Retain and extend’: Retain within the 

19 activity and extend the period of performance 

20 for a specified period of time in order to achieve 

21 the stated success criteria. 

22 ‘‘(iii) ‘Endorse and refer’: Endorse the 

23 project and refer it to the most appropriate 

24 Systems Engineering Command, based on the 

25 technical attributes of the project and the assoVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
371 

•S 2792 RS

1 ciated potential military applications, based on 

2 meeting or exceeding the success criteria. 

3 ‘‘(C) If the head of activity retained the project 

4 pursuant to subparagraph (B)(ii), the head of activ5 ity shall, at the end of the extension period— 

6 ‘‘(i) take the action prescribed in subpara7 graph (B)(iii) if the success criteria are met; or 

8 ‘‘(ii) take the action prescribed in subpara9 graph (B)(i) if the success criteria are not met. 

10 ‘‘(2) SYSTEMS ENGINEERING DETERMINATION

11 ‘B’.—(A) Not later than 30 days after receipt of a 

12 referral under paragraph (1)(B)(iii), the head of the 

13 Systems Engineering Command shall formulate a 

14 systems engineering plan with the performer, the 

15 Department’s technical experts, and prospective Pro16 gram Executive Officers. 

17 ‘‘(B) The systems engineering plan required 

18 under subsection (A) shall include the following: 

19 ‘‘(i) Measurable baseline technical capa20 bility, based on the success criteria met pursu21 ant to paragraph (1)(B)(iii). 

22 ‘‘(ii) Measurable transition technical capa23 bility, based on the technical needs of the pro24 spective Program Executive Officers to support 

25 a current or future program of record. 


Pbinns on DSKJLVW7X2PROD with BILLS
372 

•S 2792 RS

1 ‘‘(iii) Discrete technical development activi2 ties necessary to progress from the baseline ca3 pability to the transition capability, including 

4 an approximate cost and schedule. Such activi5 ties shall include a resolution of— 

6 ‘‘(I) interfaces; 

7 ‘‘(II) data rights; 

8 ‘‘(III) government technical require9 ments; 

10 ‘‘(IV) specific platform technical inte11 gration; 

12 ‘‘(V) software development; 

13 ‘‘(VI) component, subsystem, or sys14 tem prototyping; 

15 ‘‘(VII) scale models; 

16 ‘‘(VIII) technical manuals; 

17 ‘‘(IX) lifecycle sustainment needs; and 

18 ‘‘(X) other needs identified by the 

19 Program Executive Officers. 

20 ‘‘(iv) Identification and commitment of 

21 funding sources to complete the activities under 

22 clause (iii). 

23 ‘‘(C) Not later than 30 days after the end of 

24 the schedule identified in subparagraph (B), the 

25 head of the Systems Engineering Command shall 


Pbinns on DSKJLVW7X2PROD with BILLS
373 

•S 2792 RS

1 make one of the following determinations and docu2 ment such action in writing with notice provided to 

3 the performer and prospective Program Executive 

4 Officers: 

5 ‘‘(i) ‘Discontinue’: Discontinue support 

6 with rationale noted. 

7 ‘‘(ii) ‘Retain and extend’: Retain within the 

8 Command and extend the schedule for a speci9 fied period of time in order to achieve stated 

10 transition criteria with specific remedial or ad11 ditional activities noted. 

12 ‘‘(iii) ‘Endorse and refer’:Endorse the item 

13 and refer to a Program Executive Officer, 

14 based on meeting or exceeding the transition 

15 criteria. 

16 ‘‘(D) If the head of the Systems Engineering 

17 Command retained the project pursuant to subpara18 graph (C)(ii), the head of the Systems Engineering 

19 Command shall, at the end of the extension period— 

20 ‘‘(i) take the action prescribed in subpara21 graph (C)(iii) if the transition criteria are met 

22 after such extension; or 

23 ‘‘(ii) take the action prescribed in subpara24 graph (C)(i) if the transition criteria are not 

25 met after such extension. 


Pbinns on DSKJLVW7X2PROD with BILLS
374 

•S 2792 RS

1 ‘‘(d) SYSTEMS ENGINEERING COMMAND DEFINED.— 

2 In this section, the term ‘Systems Engineering Command’ 

3 means the specific Department of Defense activity that 

4 specializes in the systems engineering of a system, sub5 system, component, or capability area, including— 

6 ‘‘(1) the Naval Warfare Centers; 

7 ‘‘(2) the Army Combat Capabilities Develop8 ment Command Centers; and 

9 ‘‘(3) the Air Force Research Laboratory.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 139 of such title is amended 

12 by adding after the item relating to section 2374a the fol13 lowing new item: 

‘‘2374b. Systems Engineering Determinations’’. 

14 (c) FUTURE TRANSFER.— 

15 (1) TRANSFER AND REDESIGNATION.—Section 

16 2374b of title 10, United States Code, as added by 

17 subsection (a), is transferred to chapter 301 of such 

18 title, added after section 4004, as transferred and 

19 redesignated by section 1841(a) of the William M. 

20 (Mac) Thornberry National Defense Authorization 

21 Act for Fiscal Year 2021 (Public Law 116–283), 

22 and redesignated as section 4005. 

23 (2) CLERICAL AMENDMENTS.— 

24 (A) TARGET CHAPTER TABLE OF SEC25 TIONS.—The table of sections at the beginning 


Pbinns on DSKJLVW7X2PROD with BILLS
375 

•S 2792 RS

1 of chapter 301 of title 10, United States Code, 

2 as added by section 1841(a) of the William M. 

3 (Mac) Thornberry National Defense Authoriza4 tion Act for Fiscal Year 2021 (Public Law 

5 116–283), is amended by inserting after the 

6 item related to section 4004 the following new 

7 item: 

‘‘4005. Systems Engineering Determinations’’. 

8 (B) ORIGIN CHAPTER TABLE OF SEC9 TIONS.—The table of sections at the beginning 

10 of chapter 139 of title 10, United States Code, 

11 as amended by subsection (a), is further 

12 amended by striking the item relating to section 

13 2374b. 

14 (3) CONFORMING AMENDMENTS TO INTERNAL

15 CROSS-REFERENCES.—Section 2374b(b) of title 10, 

16 United States Code, as added by subsection (a), is 

17 amended— 

18 (A) in paragraph (1), by striking ‘‘section 

19 2371’’ and inserting ‘‘section 4002’’; 

20 (B) in paragraph (2), by striking ‘‘section 

21 2371b’’ and inserting ‘‘section 4003’’; and 

22 (C) in paragraph (3), by striking ‘‘section 

23 2373’’ and inserting ‘‘section 4004’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
376 

•S 2792 RS

1 (4) EFFECTIVE DATE.—The transfer, redesig2 nation, and amendments made by this subsection 

3 shall take effect on January 1, 2022. 

4 (5) REFERENCES; SAVINGS PROVISION; RULE

5 OF CONSTRUCTION.—Sections 1883 through 1885 of 

6 the William M. (Mac) Thornberry National Defense 

7 Authorization Act for Fiscal Year 2021 (Public Law 

8 116–283) shall apply with respect to the transfers, 

9 redesignations, and amendments made under this 

10 subsection as if such transfers, redesignations, and 

11 amendments were made under title XVIII of such 

12 Act. 

13 (d) REGULATIONS.—Not later than 180 days after 

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

15 Defense shall prescribe regulations to carry out section 

16 4005 of title 10, United States Code, as added by sub17 section (a) and transferred and redesignated by subsection 

18 (c). 

19 (e) BRIEFING REQUIRED.—Not later than 60 days 

20 after the date of enactment of this Act, the Secretary of 

21 Defense shall provide a briefing to the Committees on 

22 Armed Services of the Senate and the House of Represent23 atives with a detailed plan to implement this section. 


Pbinns on DSKJLVW7X2PROD with BILLS
377 

•S 2792 RS

1 Subtitle B—Amendments to Gen2 eral Contracting Authorities, 

3 Procedures, and Limitations 

4 SEC. 811. RECOMMENDATIONS ON THE USE OF OTHER 

5 TRANSACTION AUTHORITY. 

6 (a) REVIEW AND RECOMMENDATIONS REQUIRED.— 

7 The Secretary of Defense shall review the current use, au8 thorities, regulations, and policies relative to the use of 

9 other transaction authority under sections 2371 and 

10 2371b of title 10, United States Code, and assess the mer11 its of modifying or expanding such authorities with respect 

12 to— 

13 (1) the inclusion in such transactions for the 

14 government and contractors to include force majeure 

15 provisions to deal with unforeseen circumstances in 

16 execution of the transaction; 

17 (2) the determination of an entity’s traditional 

18 or nontraditional status based on the entity’s parent 

19 company or that of its majority owner; 

20 (3) the determination of an entity’s traditional 

21 or nontraditional status based on the entity’s status 

22 as a 100-percent employee stock ownership plan; 

23 (4) the ability of the Department of Defense to 

24 award agreements for prototypes with all of the 

25 costs of the prototype provided by the private sectors 


Pbinns on DSKJLVW7X2PROD with BILLS
378 

•S 2792 RS

1 partners, to allow for expedited transition into fol2 low-on production agreements for appropriate tech3 nologies; 

4 (5) the ability of the Department of Defense to 

5 award agreements for procurement, including with6 out the need for prototyping; 

7 (6) the ability of the Department of Defense to 

8 award agreements for sustainment of capabilities, in9 cluding without the need for prototyping; 

10 (7) the ability of the Department of Defense to 

11 award agreements to support the organic industrial 

12 base; 

13 (8) the ability of the Department of Defense to 

14 award agreements for prototyping of services or ac15 quisition of services; 

16 (9) the need for alternative authorities or poli17 cies to more effectively and efficiently execute agree18 ments with private sector consortia; 

19 (10) the ability of the Department of Defense 

20 monitor and report on individual awards made under 

21 consortium-based other transactions; and 

22 (11) other issues as identified by the Secretary. 

23 (b) ISSUES IDENTIFIED AND RECOMMENDATIONS

24 FOR CHANGES TO POLICIES OR AUTHORITIES.—For each 

25 of the areas under subsection (a), the Secretary shall— 


Pbinns on DSKJLVW7X2PROD with BILLS
379 

•S 2792 RS

1 (1) identify relevant issues and challenges 

2 under current other transaction authority; 

3 (2) discuss the advantages and disadvantages of 

4 modifying or expanding other transaction authority 

5 to address issues identified by the review; 

6 (3) identify policy changes that will be made to 

7 address issues identified by the review; 

8 (4) make recommendations to the congressional 

9 defense committees for new or modified statutory 

10 authorities to address issues identified by the review; 

11 and 

12 (5) provide such other information as deter13 mined appropriate. 

14 (c) REPORT.— Not later than December 31, 2022, 

15 the Secretary of Defense shall submit to the congressional 

16 defense committees a report describing activities under17 taken pursuant to this section, as well as issues identified, 

18 policy changes proposed, justification for any proposed 

19 changes, and recommendations for legislative changes. 

20 SEC. 812. MODIFIED CONDITION FOR PROMPT CONTRACT 

21 PAYMENT ELIGIBILITY. 

22 Section 2307(a)(2)(B) of title 10, United States 

23 Code, as amended by the William M. (Mac) Thornberry 

24 National Defense Authorization Act for Fiscal Year 2021 

25 (Public Law 116–283), is further amended by striking ‘‘if 


Pbinns on DSKJLVW7X2PROD with BILLS
380 

•S 2792 RS

1 the prime contractor agrees or proposes to make payments 

2 to the subcontractor’’ and inserting ‘‘if the prime con3 tractor agrees to make payments to the subcontractor’’. 

4 SEC. 813. EXCLUSION OF CERTAIN SERVICES FROM INTER5 GOVERNMENTAL SUPPORT AGREEMENTS 

6 FOR INSTALLATION-SUPPORT SERVICES. 

7 Section 2679(a)(3) of title 10, United States Code, 

8 is amended— 

9 (1) by striking ‘‘used when the Secretary con10 cerned’’ and inserting ‘‘used when— 

11 ‘‘(A) the Secretary concerned’’; 

12 (2) in subparagraph (A), as designated by para13 graph (1), by striking the period at the end and in14 serting ‘‘; and’’; and 

15 (3) by adding at the end the following new sub16 paragraph: 

17 ‘‘(B) the installation-support services are not 

18 included on the procurement list established pursu19 ant to section 8503 of title 41.’’. 

20 SEC. 814. MODIFICATION OF PRIZE AUTHORITY FOR AD21 VANCED TECHNOLOGY ACHIEVEMENTS. 

22 Section 2374a of title 10, United States Code, is 

23 amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
381 

•S 2792 RS

1 (1) in subsection (a), by inserting ‘‘, including 

2 procurement agreements,’’ after ‘‘other types of 

3 prizes’’; 

4 (2) in subsection (b), in the first sentence, by 

5 inserting ‘‘and for the selection of recipients of pro6 curement agreements’’ after ‘‘cash prizes’’; and 

7 (3) in subsection (c)(1), by inserting ‘‘without 

8 the approval of the Under Secretary of Defense for 

9 Research and Engineering’’ before the period at the 

10 end. 

11 SEC. 815. COST OR PRICING DATA REPORTING IN DEPART12 MENT OF DEFENSE CONTRACTS. 

13 Section 2306a(a)(6) of title 10, United States Code, 

14 as amended by the William M. (Mac) Thornberry National 

15 Defense Authorization Act for Fiscal Year 2021 (Public 

16 Law 116–283), is further amended— 

17 (1) by striking ‘‘Upon the request of a con18 tractor that was required to submit cost or pricing 

19 data under paragraph (1)’’ and inserting ‘‘Under 

20 paragraph (1),’’; and 

21 (2) by striking ‘‘modify the contract to reflect 

22 subparagraphs (B)(ii) and (C)(ii) of paragraph (1). 

23 All such modifications shall be made without requir24 ing consideration’’ and inserting ‘‘modify the con25 tract as soon as practicable to reflect subparagraphs 


Pbinns on DSKJLVW7X2PROD with BILLS
382 

•S 2792 RS

1 (B) and (C) of paragraph (1), without requiring con2 sideration’’. 

3 SEC. 816. AUTHORITY TO ACQUIRE INNOVATIVE COMMER4 CIAL PRODUCTS AND SERVICES USING GEN5 ERAL SOLICITATION COMPETITIVE PROCE6 DURES. 

7 (a) AUTHORITY.— 

8 (1) IN GENERAL.—Chapter 140 of title 10, 

9 United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 2380c. Authority to acquire innovative commercial 

12 products and services using general solic13 itation competitive procedures 

14 ‘‘(a) AUTHORITY.—The Secretary of Defense may ac15 quire innovative commercial products and services through 

16 a competitive selection of proposals resulting from a gen17 eral solicitation and the peer review of such proposals. 

18 ‘‘(b) TREATMENT AS COMPETITIVE PROCEDURES.— 

19 Use of general solicitation competitive procedures under 

20 subsection (a) shall be considered to be use of competitive 

21 procedures for purposes of chapter 137 of this title. 

22 ‘‘(c) LIMITATIONS.—(1) The Secretary may not enter 

23 into a contract or agreement in excess of $100,000,000 

24 using the authority under subsection (a) without a written 

25 determination from the Under Secretary of Defense for 


Pbinns on DSKJLVW7X2PROD with BILLS
383 

•S 2792 RS

1 Acquisition and Sustainment or the relevant service acqui2 sition executive of the efficacy of the effort to meet mission 

3 needs of the Department of Defense or the relevant mili4 tary department. 

5 ‘‘(2) Contracts or agreements entered into using the 

6 authority under subsection (a) shall be fixed-price, includ7 ing fixed-price incentive fee contracts. 

8 ‘‘(3) Notwithstanding section 2376(1) of this title, 

9 products and services acquired using the authority under 

10 subsection (a) shall be treated as commercial products and 

11 services. 

12 ‘‘(d) CONGRESSIONAL NOTIFICATION REQUIRED.— 

13 (1) Not later than 45 days after the award of a contract 

14 for an amount exceeding $100,000,000 using the author15 ity in subsection (a), the Secretary of Defense shall notify 

16 the congressional defense committees of such award. 

17 ‘‘(2) Notice of an award under paragraph (1) shall 

18 include the following: 

19 ‘‘(A) Description of the innovative commercial 

20 product or service acquired. 

21 ‘‘(B) Description of the requirement, capability 

22 gap, or potential technological advancement with re23 spect to which the innovative commercial product or 

24 service acquired provides a solution or a potential 

25 new capability. 


Pbinns on DSKJLVW7X2PROD with BILLS
384 

•S 2792 RS

1 ‘‘(C) Amount of the contract awarded. 

2 ‘‘(D) Identification of contractor awarded the 

3 contract. 

4 ‘‘(e) INNOVATIVE DEFINED.—In this section, the 

5 term ‘innovative’ means— 

6 ‘‘(1) any technology, process, or method, includ7 ing research and development, that is new as of the 

8 date of submission of a proposal; or 

9 ‘‘(2) any application that is new as of the date 

10 of submission of a proposal of a technology, process, 

11 or method existing as of such date.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 140 of title 10, 

14 United States Code, is amended by inserting after 

15 the item relating to section 2380b the following new 

16 item: 

‘‘2380c. Authority to acquire innovative commercial products and services using 

general solicitation competitive procedures.’’. 

17 (b) FUTURE TRANSFER.— 

18 (1) TRANSFER AND REDESIGNATION.—Section 

19 2380c of title 10, United States Code, as added by 

20 subsection (a), is transferred to chapter 247 of such 

21 title, added after section 3457, as transferred and 

22 redesignated by section 1841(a) of the William M. 

23 (Mac) Thornberry National Defense Authorization 


Pbinns on DSKJLVW7X2PROD with BILLS
385 

•S 2792 RS

1 Act for Fiscal Year 2021 (Public Law 116–283), 

2 and redesignated as section 3458. 

3 (2) CLERICAL AMENDMENTS.— 

4 (A) TARGET CHAPTER TABLE OF SEC5 TIONS.—The table of sections at the beginning 

6 of chapter 247 of title 10, United States Code, 

7 as added by section 1821(a) of the William M. 

8 (Mac) Thornberry National Defense Authoriza9 tion Act for Fiscal Year 2021 (Public Law 

10 116–283), is amended by inserting after the 

11 item related to section 3457 the following new 

12 item: 

‘‘3458. Authority to acquire innovative commercial products and services using 

general solicitation competitive procedures.’’. 

13 (B) ORIGIN CHAPTER TABLE OF SEC14 TIONS.—The table of sections at the beginning 

15 of chapter 140 of title 10, United States Code, 

16 as amended by subsection (a), is further 

17 amended by striking the item relating to section 

18 2380c. 

19 (3) CONFORMING AMENDMENTS TO INTERNAL

20 CROSS-REFERENCES.—Section 2380c of title 10, 

21 United States Code, as added by subsection (a), is 

22 amended— 

23 (A) in subsection (b), by striking ‘‘chapter 

24 137’’ and inserting ‘‘chapter 221’’; and 


Pbinns on DSKJLVW7X2PROD with BILLS
386 

•S 2792 RS

1 (B) in subsection (c)(3), by striking ‘‘sec2 tion 2376(1)’’ and inserting ‘‘section 3451(1)’’. 

3 (4) EFFECTIVE DATE.—The transfer, redesig4 nation, and amendments made by this subsection 

5 shall take effect on January 1, 2022. 

6 (5) REFERENCES; SAVINGS PROVISION; RULE

7 OF CONSTRUCTION.—Sections 1883 through 1885 of 

8 the William M. (Mac) Thornberry National Defense 

9 Authorization Act for Fiscal Year 2021 (Public Law 

10 116–283) shall apply with respect to the transfers, 

11 redesignations, and amendments made under this 

12 subsection as if such transfers, redesignations, and 

13 amendments were made under title XVIII of such 

14 Act. 

15 (c) REPEAL OF OBSOLETE AUTHORITY.—Section 

16 879 of the National Defense Authorization Act for Fiscal 

17 Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) 

18 is hereby repealed. 

19 SEC. 817. REPORTING REQUIREMENT FOR DEFENSE ACQUI20 SITION ACTIVITIES. 

21 (a) PROCEDURES FOR IDENTIFYING CERTAIN ACQUI22 SITION AGREEMENTS AND ACTIVITIES.—The Secretary of 

23 Defense shall establish procedures to identify all agree24 ments awarded to entities through the use of a consortia 

25 (including agreements pursuant to the authorities under 


Pbinns on DSKJLVW7X2PROD with BILLS
387 

•S 2792 RS

1 section 2371 and 2371b of title 10, United States Code), 

2 individual task orders awarded under a task order con3 tract (as defined in section 2304d of title 10, United 

4 States Code), and individual task orders issued to a feder5 ally funded research and development center. 

6 (b) REPORTING.—Not later than one year after the 

7 date of the enactment of this Act, and not less than annu8 ally thereafter, the Secretary of Defense shall submit to 

9 the congressional defense committees a report on the use 

10 of agreements and activities described in subsection (a) 

11 and associated funding. 

12 (c) PUBLICATION OF INFORMATION.—Not later than 

13 one year after the date of enactment of this Act, the Sec14 retary of Defense shall establish procedures to publically 

15 release information on individual agreements and activi16 ties described in subsection (a) and associated funding, 

17 unless such disclosure is deemed inappropriate for indi18 vidual agreements based on national security concerns. 

19 SEC. 818. DEPARTMENT OF DEFENSE CONTRACTOR PRO20 FESSIONAL TRAINING MATERIAL DISCLO21 SURE REQUIREMENTS. 

22 (a) PROHIBITION.—Effective immediately, each con23 tractor who enters or has entered into a contract with the 

24 Department of Defense to provide goods or services shall 

25 make publicly available online at its website all diversity, 


Pbinns on DSKJLVW7X2PROD with BILLS
388 

•S 2792 RS

1 equal opportunity, equity, inclusion, or tolerance training 

2 materials or internal policies, including syllabi, online 

3 sources, suggested reading lists, guest speakers and lec4 turers, instructor lists, internal policy memos, workshop 

5 descriptions, outside organizational funding, or other edu6 cational or professional materials for review and identifica7 tion of Critical Race Theory or similar theoretical instruc8 tion in a timely manner. Should the contractor have no 

9 online presence, the contractor shall provide the materials 

10 in hard copy format to the Office of the Under Secretary 

11 of Defense for Acquisition and Sustainment in a timely 

12 manner. 

13 (b) COVERED THEORIES.—The theories associated 

14 with Critical Race Theory and similar theories referred to 

15 in subsection (a) are the following theories: 

16 (1) Any race is inherently superior or inferior 

17 to any other race. 

18 (2) The United States of America is a fun19 damentally racist country. 

20 (3) The Declaration of Independence or the 

21 United States Constitution are fundamentally racist 

22 documents. 

23 (4) An individual’s moral character or worth is 

24 determined by his or her race. 


Pbinns on DSKJLVW7X2PROD with BILLS
389 

•S 2792 RS

1 (5) An individual, by virtue of his or her race, 

2 is inherently racist or oppressive, whether con3 sciously or unconsciously. 

4 (6) An individual, because of his or her race, 

5 bears responsibility for the actions committed by 

6 other members of his or her race. 

7 SEC. 819. REPORT ON PLACE OF PERFORMANCE REQUIRE8 MENTS. 

9 (a) GUIDANCE AND TRAINING.—Not later than July 

10 1, 2022, the Secretary of Defense shall implement guid11 ance and necessary training to improve data reporting on 

12 contract place of performance. 

13 (b) REPORT.— 

14 (1) IN GENERAL.—Not later than July 1, 2022, 

15 the Secretary of Defense shall submit to the con16 gressional defense committees a report regarding 

17 place of performance requirements in Department of 

18 Defense contracts. 

19 (2) ELEMENTS.—The report required under 

20 subsection (a) shall include the following elements: 

21 (A) A description of the criteria that is 

22 considered when place of performance language 

23 is included in a contract. 

24 (B) The percentage of contracts awarded 

25 on a yearly basis from fiscal year 2016 to fiscal 


Pbinns on DSKJLVW7X2PROD with BILLS
390 

•S 2792 RS

1 year 2020 that included place of performance 

2 clauses. 

3 (C) An assessment of the extent to which 

4 revisions to guidance or regulations related to 

5 the use of place of performance clauses could 

6 improve the Department of Defense’s effective7 ness and efficiency, including a description of 

8 such revisions. 

9 SEC. 820. MULTIYEAR CONTRACT AUTHORITY FOR DE10 FENSE ACQUISITIONS SPECIFICALLY AU11 THORIZED BY LAW. 

12 Section 2306b(i)(3) of title 10, United States Code, 

13 is amended by adding at the end the following new sub14 paragraph: 

15 ‘‘(H) The quantity of end items that would be 

16 procured with such contract in each fiscal year of 

17 the future years defense program at the time of con18 tract award will not decrease during the contract pe19 riod of performance without prior approval from the 

20 congressional defense committees.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
391 

•S 2792 RS

1 Subtitle C—Industrial Base 

2 Matters 

3 SEC. 831. ADDITION OF CERTAIN ITEMS TO LIST OF HIGH 

4 PRIORITY GOODS AND SERVICES FOR ANAL5 YSES, RECOMMENDATIONS, AND ACTIONS RE6 LATED TO SOURCING AND INDUSTRIAL CA7 PACITY. 

8 Section 849 of the William M. (Mac) Thornberry Na9 tional Defense Authorization Act for Fiscal Year 2021 

10 (Public Law 116–283) is amended— 

11 (1) in subsection (a)(1)(A)— 

12 (A) by redesignating clauses (ii), (iii), and 

13 (iv) as clauses (iii), (iv), and (v), respectively; 

14 and 

15 (B) by inserting after clause (i) the fol16 lowing new clause: 

17 ‘‘(ii) producers in the United States;’’; 

18 and 

19 (2) in subsection (c), by adding at the end the 

20 following new paragraphs: 

21 ‘‘(14) Beef products born, raised, and slaugh22 tered in the United States. 

23 ‘‘(15) Molybdenum and molybdenum alloys. 

24 ‘‘(16) Optical transmission equipment, includ25 ing optical fiber and cable equipment. 


Pbinns on DSKJLVW7X2PROD with BILLS
392 

•S 2792 RS

1 ‘‘(17) Armor on tactical ground vehicles. 

2 ‘‘(18) Graphite processing.’’. 

3 SEC. 832. PROHIBITION ON ACQUISITION OF PERSONAL 

4 PROTECTIVE EQUIPMENT FROM NON-ALLIED 

5 FOREIGN NATIONS. 

6 (a) PROHIBITION.— 

7 (1) IN GENERAL.—Chapter 137 of title 10, 

8 United States Code, is amended by adding at the 

9 end the following new section: 

10 ‘‘§ 2339d. Prohibition on acquisition of personal pro11 tective equipment and certain other 

12 items from non-allied foreign nations 

13 ‘‘(a) IN GENERAL.—Except as provided in subsection 

14 (c), the Secretary of Defense may not procure any covered 

15 item in any covered nation. 

16 ‘‘(b) APPLICABILITY.—Subsection (a) shall apply to 

17 prime contracts and subcontracts at any tier. 

18 ‘‘(c) EXCEPTIONS.—Subsection (a) does not apply 

19 under the following circumstances: 

20 ‘‘(1) If the Secretary of Defense determines 

21 that covered materials of satisfactory quality and 

22 quantity, in the required form, cannot be procured 

23 as and when needed from nations other than covered 

24 nations to meet requirements at a reasonable price. 


Pbinns on DSKJLVW7X2PROD with BILLS
393 

•S 2792 RS

1 ‘‘(2) The procurement of a covered item for use 

2 outside of the United States. 

3 ‘‘(3) Purchases for amounts not greater than 

4 $150,000. A proposed purchase or contract for an 

5 amount greater than $150,000 may not be divided 

6 into several purchases or contracts for lesser 

7 amounts in order to qualify for this exception. 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) COVERED ITEM.—The term ‘covered item’ 

10 means an article or item of— 

11 ‘‘(A) personal protective equipment for use 

12 in preventing spread of disease, such as by ex13 posure to infected individuals or contamination 

14 or infection by infectious material (including 

15 surgical masks, respirator masks and powered 

16 air purifying respirators and required filters, 

17 face shields and protective eyewear, surgical 

18 and isolation gowns, and head and foot cov19 erings) or clothing, and the materials and com20 ponents thereof, other than sensors, electronics, 

21 or other items added to and not normally asso22 ciated with such personal protective equipment 

23 or clothing; or 

24 ‘‘(B) sanitizing and disinfecting wipes, 

25 testing swabs, gauze, and bandages. 


Pbinns on DSKJLVW7X2PROD with BILLS
394 

•S 2792 RS

1 ‘‘(2) COVERED NATION.—The term ‘covered na2 tion’ means— 

3 ‘‘(A) the Democratic People’s Republic of 

4 North Korea; 

5 ‘‘(B) the People’s Republic of China; 

6 ‘‘(C) the Russian Federation; and 

7 ‘‘(D) the Islamic Republic of Iran.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by inserting after the item relating to section 2339c 

11 the following: 

‘‘2339d. Prohibition on acquisition of personal protective equipment and certain 

other items from non-allied foreign nations.’’. 

12 (b) FUTURE TRANSFER.— 

13 (1) TRANSFER AND REDESIGNATION.—Section 

14 2339d of title 10, United States Code, as added by 

15 subsection (a), is transferred to subchapter I of 

16 chapter 283 of such title, added after section 3881, 

17 as transferred and redesignated by section 1837(b) 

18 of the William M. (Mac) Thornberry National De19 fense Authorization Act for Fiscal Year 2021 (Pub20 lic Law 116–283), and redesignated as section 3882. 

21 (2) CLERICAL AMENDMENTS.— 

22 (A) TARGET CHAPTER TABLE OF SEC23 TIONS.—The table of sections at the beginning 

24 of chapter 283 of title 10, United States Code, 


Pbinns on DSKJLVW7X2PROD with BILLS
395 

•S 2792 RS

1 as added by section 1837(a) of the William M. 

2 (Mac) Thornberry National Defense Authoriza3 tion Act for Fiscal Year 2021 (Public Law 

4 116–283), is amended by inserting after the 

5 item related to section 3881 the following new 

6 item: 

‘‘3882. Prohibition on acquisition of personal protective equipment and certain 

other items from non-allied foreign nations.’’. 

7 (B) ORIGIN CHAPTER TABLE OF SEC8 TIONS.—The table of sections at the beginning 

9 of chapter 137 of title 10, United States Code, 

10 as amended by subsection (a), is further 

11 amended by striking the item relating to section 

12 2339d. 

13 (3) EFFECTIVE DATE.—The transfer, redesig14 nation, and amendments made by this subsection 

15 shall take effect on January 1, 2022. 

16 (4) REFERENCES; SAVINGS PROVISION; RULE

17 OF CONSTRUCTION.—Sections 1883 through 1885 of 

18 the William M. (Mac) Thornberry National Defense 

19 Authorization Act for Fiscal Year 2021 (Public Law 

20 116–283) shall apply with respect to the transfers, 

21 redesignations, and amendments made under this 

22 subsection as if such transfers, redesignations, and 

23 amendments were made under title XVIII of such 

24 Act. 


Pbinns on DSKJLVW7X2PROD with BILLS
396 

•S 2792 RS

1 SEC. 833. FURTHER PROHIBITION ON ACQUISITION OF SEN2 SITIVE MATERIALS. 

3 (a) IN GENERAL.—Section 2533c of title 10, United 

4 States Code, is amended— 

5 (1) in subsection (a)(1), by inserting ‘‘or by any 

6 covered company’’ after ‘‘covered nation’’; and 

7 (2) in subsection (d)— 

8 (A) by redesignating paragraphs (1) and 

9 (2) as paragraphs (2) and (3), respectively; and 

10 (B) by inserting before paragraph (2), as 

11 so redesignated, the following new paragraph: 

12 ‘‘(1) COVERED COMPANY.—The term ‘covered 

13 company’ means— 

14 ‘‘(A) any company or joint venture reg15 istered outside of the United States that— 

16 ‘‘(i) is partially or fully owned by any 

17 state-owned entity from a covered nation; 

18 or 

19 ‘‘(ii) is 5 percent or more owned by 

20 private investors from any covered nation; 

21 ‘‘(B) any company or joint venture reg22 istered inside the United States that— 

23 ‘‘(i) is partially or fully owned by a 

24 state-owned entity from a covered nation; 

25 or 


Pbinns on DSKJLVW7X2PROD with BILLS
397 

•S 2792 RS

1 ‘‘(ii) has entered, after the date of en2 actment of this paragraph, into an agree3 ment or condition with the Committee on 

4 Foreign Investment in the United States 

5 under paragraph (l)(3)(A) of section 4565 

6 of title 50, United States Code, that does 

7 not specifically refer to this section and 

8 provide that the company shall be eligible 

9 to supply covered products under this sec10 tion; or 

11 ‘‘(C) any other company that the President 

12 determines to be a threat to the security of sup13 ply of any covered material.’’. 

14 (b) REGULATIONS.—Not later than 180 days after 

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

16 Defense shall prescribe such regulations as are necessary 

17 to carry out section 2533c of title 10, United States Code, 

18 as amended by this section. 

19 SEC. 834. REQUIREMENT FOR INDUSTRY DAYS AND RE20 QUESTS FOR INFORMATION TO BE OPEN TO 

21 ALLIED DEFENSE CONTRACTORS. 

22 (a) IN GENERAL.—Not later than 90 days after the 

23 date of the enactment of this Act, each service acquisition 

24 executive shall publish a default requirement that industry 

25 days and requests for information for acquisition proVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
398 

•S 2792 RS

1 grams and research and development efforts shall to the 

2 maximum extent practicable be open to defense contrac3 tors from the national technology and industrial base 

4 (NTIB), including when such contractors are acting as 

5 subcontractors in partnership with a United States con6 tractor, provided such access is granted only if the Sec7 retary determines that there is reciprocal access for 

8 United States companies to equivalent information related 

9 to contracting opportunities in the associated NTIB coun10 try. 

11 (b) NATIONAL TECHNOLOGY AND INDUSTRIAL

12 BASE.—In this section, the term ‘‘national technology and 

13 industrial base’’ has the meaning given the term in section 

14 2500 of title 10, United States Code. 

15 SEC. 835. ASSESSMENT OF REQUIREMENTS FOR CERTAIN 

16 ITEMS TO ADDRESS SUPPLY CHAIN 

17 VULNERABILITIES. 

18 (a) DEFINITIONS.—In this section, the term ‘‘dual 

19 use’’ has the meaning given in section 2500 of title 10, 

20 United States Code. 

21 (b) ASSESSMENT.—The Secretary of Defense shall 

22 assess the Department of Defense’s requirements for dual23 use items covered by section 2533a of title 10, United 

24 States Code. 


Pbinns on DSKJLVW7X2PROD with BILLS
399 

•S 2792 RS

1 (c) REPORT.—Not later than October 1, 2022, the 

2 Secretary of Defense shall submit a report to the congres3 sional defense committees with the Department’s findings, 

4 in publicly releasable and controlled formats as necessary. 

5 (d) POLICIES.—The Secretary of Defense shall, to 

6 the extent practicable, develop or revise relevant policies 

7 to reduce fluctuations in the Department’s annual pro8 curements of dual-use items. 

9 SEC. 836. REQUIREMENT THAT CERTAIN PROVIDERS OF 

10 SYSTEMS TO DEPARTMENT OF DEFENSE DIS11 CLOSE THE SOURCE OF PRINTED CIRCUIT 

12 BOARDS WHEN SOURCED FROM CERTAIN 

13 COUNTRIES. 

14 (a) DEFINITIONS.—In this section: 

15 (1) The term ‘‘covered nation’’ includes the fol16 lowing: 

17 (A) The People’s Republic of China. 

18 (B) The Russian Federation. 

19 (C) The Democratic People’s Republic of 

20 North Korea. 

21 (D) The Islamic Republic of Iran. 

22 (2) The term ‘‘covered system’’ means any 

23 item, including commercial items and commercially 

24 available off-the-shelf items, notwithstanding section 

25 2375 of title 10, United States Code, that is— 


Pbinns on DSKJLVW7X2PROD with BILLS
400 

•S 2792 RS

1 (A) a national security system, as defined 

2 in section 3552 of title 44, United States Code; 

3 or 

4 (B) a system other than a national secu5 rity system that transmits or stores classified 

6 information, including— 

7 (i) data communications and storage, 

8 including servers, switches, and networking 

9 systems, but excluding personal data stor10 age devices, personal computers, desktop 

11 computers, and tablets; and 

12 (ii) any other systems that the Sec13 retary determines should be covered. 

14 (3) The term ‘‘manufactured and assembled’’, 

15 with respect to a printed circuit board, includes all 

16 actions from the fabrication of the printed circuit 

17 board from raw materials to the integration of the 

18 completed printed circuit board in an end item or 

19 component of an end item. 

20 (b) DISCLOSURE.—The Secretary of Defense shall re21 quire any provider of a covered system to provide to the 

22 Department of Defense, along with delivery of the covered 

23 system, a list of the printed circuit boards in the covered 

24 system that includes, for each printed circuit board, an 

25 attestation of whether— 


Pbinns on DSKJLVW7X2PROD with BILLS
401 

•S 2792 RS

1 (1) the printed circuit board was partially or 

2 fully manufactured and assembled in a covered na3 tion; 

4 (2) the printed circuit board was fully manufac5 tured and assembled outside of a covered nation; or 

6 (3) the provider cannot determine where the 

7 printed circuit board was manufactured and assem8 bled. 

9 (c) REGULATIONS.—Not later than October 1, 2022, 

10 the Secretary of Defense shall promulgate such regula11 tions as are necessary to carry out this section, including 

12 a process to ensure that proprietary information is appro13 priately protected by the Department of Defense. 

14 (d) PLAN REQUIRED.—Not later than October 1, 

15 2022, the Secretary of Defense shall submit a plan for 

16 the implementation of this provision to the congressional 

17 defense committees. 

18 SEC. 837. EMPLOYMENT TRANSPARENCY REGARDING INDI19 VIDUALS WHO PERFORM WORK IN THE PEO20 PLE’S REPUBLIC OF CHINA. 

21 (a) DISCLOSURE REQUIREMENTS.— 

22 (1) INITIAL DISCLOSURE.— 

23 (A) IN GENERAL.—The Secretary of De24 fense shall require any covered entity to disclose 

25 if the entity employs one or more individuals 


Pbinns on DSKJLVW7X2PROD with BILLS
402 

•S 2792 RS

1 who will perform work in the People’s Republic 

2 of China on a covered contract when it submits 

3 a bid or proposal for a covered contract. 

4 (B) MATTERS TO BE INCLUDED.—Each 

5 disclosure under subparagraph (A) shall in6 clude— 

7 (i) the total number of employees who 

8 will perform work in the People’s Republic 

9 of China funded by the Department of De10 fense; and 

11 (ii) a description of the physical pres12 ence in the People’s Republic of China that 

13 meets the definition of a covered entity 

14 under subsection (d)(2). 

15 (2) RECURRING DISCLOSURES.— 

16 (A) IN GENERAL.—The Secretary of De17 fense shall require any covered entity that is 

18 party to one or more covered contracts to dis19 close for fiscal year 2023 and 2024 if the entity 

20 employs one or more individuals who perform 

21 work in the People’s Republic of China on such 

22 contracts. 

23 (B) MATTERS TO BE INCLUDED.—Each 

24 disclosure under subparagraph (A) shall in25 clude— 


Pbinns on DSKJLVW7X2PROD with BILLS
403 

•S 2792 RS

1 (i) the total number of employees who 

2 will perform work in the People’s Republic 

3 of China funded by the Department of De4 fense; and 

5 (ii) a description of the physical pres6 ence in the People’s Republic of China that 

7 meets the definition of a covered entity 

8 under subsection (d)(2). 

9 (3) AVAILABILITY TO PUBLIC.—All disclosures 

10 filed under paragraphs (1) and (2) shall be available 

11 to the public through an internet website of the De12 partment of Defense that is accessible to the public. 

13 (b) FUNDING FOR COVERED ENTITIES.—The Sec14 retary of Defense shall not award or renew a covered con15 tract with a covered entity unless the disclosures required 

16 under subsection (a) are submitted. 

17 (c) QUARTERLY BRIEFING.—Beginning on or around 

18 January 1, 2023, the Secretary of Defense shall provide 

19 quarterly briefings to the congressional defense commit20 tees on activities under this section, including a descrip21 tion of the amount, length, source, recipient, and intended 

22 purpose of covered contracts awarded to covered entities 

23 that employ one or more individuals who will perform work 

24 in the People’s Republic of China funded by the Depart25 ment of Defense. 


Pbinns on DSKJLVW7X2PROD with BILLS
404 

•S 2792 RS

1 (d) DEFINITIONS.—In this section: 

2 (1) COVERED CONTRACT.—The term ‘‘covered 

3 contract’’ means any Department of Defense con4 tract or subcontract with a value in excess of 

5 $5,000,000, excluding contracts for commercial 

6 products or services. 

7 (2) COVERED ENTITY.—The term ‘‘covered en8 tity’’ means any corporation, company, limited liabil9 ity company, limited partnership, business trust, 

10 business association, or other similar entity, includ11 ing any subsidiary or affiliate thereof, participating 

12 in the performance of work under a covered contract 

13 in the People’s Republic of China, including by— 

14 (A) employing one or more individuals per15 forming work under the contract, including as 

16 employees, independent contractors, or through 

17 similar arrangements, who physically work in 

18 and reside in the People’s Republic of China; or 

19 (B) leasing or owning real property used in 

20 the performance of the contract in the People’s 

21 Republic of China. 


Pbinns on DSKJLVW7X2PROD with BILLS
405 

•S 2792 RS

1 Subtitle D—Small Business Matters 

2 SEC. 841. CLARIFICATION OF DUTIES OF DIRECTOR OF 

3 SMALL BUSINESS PROGRAMS. 

4 Section 144(c)(1) of title 10, United States Code, is 

5 amended by inserting ‘‘to strengthen small businesses in 

6 the national technology and industrial base’’ after ‘‘exer7 cise such powers regarding these programs’’. 

8 SEC. 842. DATA ON PHASE III SMALL BUSINESS INNOVA9 TION RESEARCH AND SMALL BUSINESS 

10 TECHNOLOGY TRANSFER PROGRAM AWARDS. 

11 (a) DEFINITIONS.—In this section, the terms ‘‘Phase 

12 I’’, ‘‘Phase II’’, ‘‘Phase III’’, ‘‘SBIR’’, and ‘‘STTR’’ have 

13 the meanings given those terms in section 9(e) of the 

14 Small Business Act (15 U.S.C. 638(e)). 

15 (b) DATA ON PHASE III AWARDS.—For each fiscal 

16 year, the Secretary of each military department shall col17 lect and submit to the President for inclusion in the budg18 et submitted to Congress under section 1105 of title 31, 

19 United States Code, for the fiscal year data on the Phase 

20 III awards under the SBIR and STTR programs of the 

21 military department, which shall include— 

22 (1) the cumulative funding amount for Phase 

23 III awards; 

24 (2) the number of Phase III award topics; 


Pbinns on DSKJLVW7X2PROD with BILLS
406 

•S 2792 RS

1 (3) the total funding obligated for Phase III 

2 awards by State; 

3 (4) the original Phase I or II award topics and 

4 the associated Phase III contracts awarded; and 

5 (5) where possible, an identification of the spe6 cific program executive office involved in each Phase 

7 III transition. 

8 SEC. 843. PILOT PROGRAM TO INCENTIVIZE EMPLOYEE 

9 OWNERSHIP IN DEFENSE CONTRACTING. 

10 (a) DEFINITIONS.—In this section: 

11 (1) APPROPRIATE COMMITTEES OF CON12 GRESS.—The term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committee on Armed Services of 

15 the Senate; and 

16 (B) the Committee on Armed Services of 

17 the House of Representatives. 

18 (2) QUALIFIED BUSINESS WHOLLY-OWNED

19 THROUGH AN EMPLOYEE STOCK OWNERSHIP

20 PLAN.—The term ‘‘qualified businesses wholly-owned 

21 through an Employee Stock Ownership Plan’’ means 

22 an S corporation (as defined in section 1361(a)(1) 

23 of the Internal Revenue Code of 1986) for which 

24 100 percent of the outstanding stock is held through 


Pbinns on DSKJLVW7X2PROD with BILLS
407 

•S 2792 RS

1 an employee stock ownership plan (as defined in sec2 tion 4975(e)(7) of the Internal Revenue Code). 

3 (b) AUTHORITY TO USE NONCOMPETITIVE PROCE4 DURES FOR FOLLOW-ON CONTRACTS TO QUALIFIED

5 BUSINESSES WHOLLY OWNED THROUGH AN EMPLOYEE

6 STOCK OWNERSHIP PLAN.—Notwithstanding the require7 ments of section 2304 of title 10, United States Code, in 

8 the case of a follow-on contract for the continued develop9 ment, production, or provision of products or services that 

10 are the same as or substantially similar to the products 

11 or services procured by the Department of Defense under 

12 a prior contract held by a qualified business wholly owned 

13 through an Employee Stock Ownership Plan, such prod14 ucts or services may be deemed to be available only from 

15 the holder of the prior contract and may be procured by 

16 the Department of Defense through procedures other than 

17 competitive procedures if the performance of the qualified 

18 business wholly owned through an Employee Stock Owner19 ship Plan on the prior contract was rated as satisfactory 

20 (or the equivalent) or better in the applicable past per21 formance database. 

22 (c) VERIFICATION AND REPORTING OF QUALIFIED

23 BUSINESSES WHOLLY OWNED THROUGH AN EMPLOYEE

24 STOCK OWNERSHIP PLAN.—The Secretary of Defense 

25 shall prescribe such procedures as may be necessary for— 


Pbinns on DSKJLVW7X2PROD with BILLS
408 

•S 2792 RS

1 (1) businesses to verify that they are qualified 

2 businesses wholly owned through an Employee Stock 

3 Ownership Plan for the purposes of subsection (b) 

4 using existing Federal reporting mechanisms; 

5 (2) a qualified businesses wholly owned through 

6 an Employee Stock Ownership Plan to certify that 

7 not more than 50 percent of the amount paid under 

8 the contract will be expended on subcontracts, sub9 ject to such necessary and reasonable waivers as the 

10 Secretary may prescribe; and 

11 (3) recording information on each use of the 

12 authority under subsection (b), including details rel13 evant to the nature of the contract and the qualified 

14 business wholly owned through an Employee Stock 

15 Ownership Plan, and providing such information to 

16 the Comptroller General of the United States. 

17 (d) DATA.—(1) The Secretary shall establish mecha18 nisms to collect and analyze data on the execution of the 

19 pilot program for the purposes of— 

20 (A) developing and sharing best practices for 

21 achieving goals established for the pilot program es22 tablished under this section; 

23 (B) providing information to leadership and the 

24 congressional defense committees on the execution of 

25 the pilot program, including— 


Pbinns on DSKJLVW7X2PROD with BILLS
409 

•S 2792 RS

1 (i) company size; 

2 (ii) performance of contract; and 

3 (iii) other information as determined effec4 tive or necessary; and 

5 (C) providing information to leadership and the 

6 congressional defense committees on related policy 

7 issues. 

8 (2) The Secretary may not execute the pilot program 

9 prior to completion of a data strategy and plan to meet 

10 the requirements of this subsection. 

11 (e) SUNSET.—The authority under subsection (b) 

12 shall expire on the date that is five years after the date 

13 of the enactment of this Act. 

14 (f) COMPTROLLER GENERAL OF THE UNITED

15 STATES REPORT.— 

16 (1) IN GENERAL.—Not later than three years 

17 after the date of the enactment of this Act, the 

18 Comptroller General of the United States shall sub19 mit to the appropriate committees of Congress a re20 port on the individual and aggregate uses of the au21 thority under subsection (b), using such data as may 

22 be available up to that time. 

23 (2) ELEMENTS.—The report under paragraph 

24 (1) shall include the following elements: 


Pbinns on DSKJLVW7X2PROD with BILLS
410 

•S 2792 RS

1 (A) An assessment of the frequency and 

2 nature of the use of the authority under sub3 section (b). 

4 (B) An assessment of the impact of such 

5 programs in supporting the National Defense 

6 Strategy. 

7 (C) The number of businesses to become 

8 qualified businesses wholly owned through an 

9 Employee Stock Ownership Plan in order to 

10 qualify for the authority under subsection (b) 

11 and factors that influenced the decision. 

12 (D) Acquisition authorities that could 

13 incentivize businesses to become qualified busi14 nesses wholly owned through an Employee 

15 Stock Ownership Plan, including the extension 

16 of the authority under subsection (b). 

17 (E) Any related matters the Comptroller 

18 General considers appropriate. 

19 Subtitle E—Other Matters 

20 SEC. 851. TECHNOLOGY PROTECTION FEATURES ACTIVI21 TIES. 

22 (a) IN GENERAL.—Section 2357 of title 10, United 

23 States Code, is amended— 

24 (1) in subsection (b)— 

25 (A) by inserting ‘‘(1)’’ before ‘‘Any’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
411 

•S 2792 RS

1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) If the designated system receives Milestone B 

4 approval, then the contractor’s portion of the costs, de5 scribed in paragraph (1), may be treated as allowable 

6 independent research and development costs.’’; and 

7 (2) in subsection (c)— 

8 (A) by redesignating paragraph (2) as 

9 paragraph (4); and 

10 (B) by inserting after paragraph (1) the 

11 following new paragraphs: 

12 ‘‘(2) The term ‘independent research and devel13 opment costs’ has the meaning given the term in 

14 section 2372 of this title. 

15 ‘‘(3) The term ‘Milestone B approval’ has the 

16 meaning given the term in section 2336(e)(7) of this 

17 title’’. 

18 (b) CONFORMING REGULATIONS.—Not later than 

19 120 days after the date of the enactment of this Act, the 

20 Secretary of Defense shall revise the Department of De21 fense Supplement to the Federal Acquisition Regulation 

22 to conform with section 2357 of title 10, United States 

23 Code, as amended by subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
412 

•S 2792 RS

1 SEC. 852. INDEPENDENT STUDY ON TECHNICAL DEBT IN 

2 SOFTWARE-INTENSIVE SYSTEMS. 

3 (a) STUDY REQUIRED.—Not later than July 1, 2022, 

4 the Secretary of Defense shall enter into an agreement 

5 with a federally funded research and development center 

6 to study technical debt in software-intensive systems. 

7 (b) STUDY ELEMENTS.—The study required under 

8 subsection (a) shall include analyses and recommendations 

9 on the following elements: 

10 (1) Qualitative and quantitative measures which 

11 can be used to identify a desired future state for 

12 software-intensive programs. 

13 (2) Qualitative and quantitative measures that 

14 can be used to assess technical debt. 

15 (3) Policies for data access to identify and as16 sess technical debt and best practices for programs 

17 to make such data appropriately available for use. 

18 (4) Forms of technical debt which are suitable 

19 for objective or subjective analysis. 

20 (5) Current practices of Department of Defense 

21 software-intensive programs to track and use data 

22 related to technical debt. 

23 (6) Appropriate individuals or organizations 

24 that should be responsible for the identification and 

25 assessment of technical debt, including the organiza26 tion responsible for independent assessments. 


Pbinns on DSKJLVW7X2PROD with BILLS
413 

•S 2792 RS

1 (7) Scenarios, frequency, or program phases 

2 when technical debt should be assessed. 

3 (8) Best practices to identify and assess tech4 nical debt. 

5 (9) Best practices to monitor the accumulating 

6 costs of technical debt. 

7 (10) Criteria to support decisions by program 

8 officials on whether to incur, carry, or reduce tech9 nical debt. 

10 (11) Practices for the Department of Defense 

11 to incrementally adopt to initiate practices for man12 aging technical debt. 

13 (c) ACCESS TO DATA AND RECORDS.—The Secretary 

14 shall ensure that the federally funded research and devel15 opment center selected shall have sufficient resources and 

16 access to technical data, individuals, organizations, and 

17 records necessary to complete the study required under 

18 this section. 

19 (d) REPORT REQUIRED.—Not later than 18 months 

20 after entering the agreement under subsection (a), the 

21 Secretary shall submit to the congressional defense com22 mittees a report on the study required under subsection 

23 (b), along with any additional information and views as 

24 desired in publicly releasable and unclassified forms. The 


Pbinns on DSKJLVW7X2PROD with BILLS
414 

•S 2792 RS

1 Secretary may also include a classified annex to the study 

2 as necessary. 

3 (e) BRIEFING REQUIRED.—Not later than April 1, 

4 2022, the Secretary shall provide a briefing to the congres5 sional defense committees on activities undertaken and 

6 planned, any barriers, and resources to be provided to exe7 cute activities under this section. 

8 SEC. 853. DETERMINATION WITH RESPECT TO OPTICAL 

9 FIBER TRANSMISSION EQUIPMENT FOR DE10 PARTMENT OF DEFENSE PURPOSES. 

11 (a) DETERMINATION.—Not later than 120 days after 

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

13 Defense shall review optical transmission equipment, in14 cluding optical fiber and cable equipment, for potential in15 clusion on the list of covered communications equipment 

16 pursuant to section 2 of the Secure and Trusted Commu17 nications Networks Act of 2019 (47 U.S.C. 1601), and 

18 make a determination as to whether or not such equip19 ment should be included on the list. 

20 (b) NOTIFICATION REQUIREMENT.—Not later than 

21 180 days after the date of the enactment of this Act, the 

22 Secretary of Defense shall notify the congressional defense 

23 committees of the findings of the review and determination 

24 required under subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
415 

•S 2792 RS

1 SEC. 854. TWO-YEAR EXTENSION OF SELECTED ACQUISI2 TION REPORT REQUIREMENT. 

3 (a) EXTENSION.—Section 2432(j) of title 10, United 

4 States Code, is amended by striking ‘‘fiscal year 2021’’ 

5 and inserting ‘‘fiscal year 2023’’. 

6 (b) DEMONSTRATION REQUIRED.— 

7 (1) IN GENERAL.—Not later than March 1, 

8 2022, the Secretary of Defense shall provide to the 

9 congressional defense committees a demonstration of 

10 the full operational capability of the reporting sys11 tem that will replace the Selected Acquisition Report 

12 requirements under section 2432 of title 10, United 

13 States Code, as amended by subsection (a). 

14 (2) ELEMENTS.— The demonstration required 

15 under paragraph (1) shall incorporate the following 

16 elements: 

17 (A) The findings of the report required 

18 under section 830(b) of the National Defense 

19 Authorization Act for Fiscal Year 2020 (Public 

20 Law 116–92; 133 Stat. 1492). 

21 (B) A demonstration of the replacement 

22 reporting system’s full suite of data sharing ca23 pabilities that can be accessed by authorized ex24 ternal users, including the congressional defense 

25 committees, for a range of programs across ac26 quisition categories, including those selected 


Pbinns on DSKJLVW7X2PROD with BILLS
416 

•S 2792 RS

1 under section 831 of the National Defense Au2 thorization Act for Fiscal Year 2020 (Public 

3 Law 116–92; 133 Stat. 1492). 

4 (C) The plan required under subsection 

5 (c). 

6 (c) PLAN REQUIRED.— 

7 (1) IN GENERAL.—Not later than February 1, 

8 2022, the Secretary of Defense, in consultation with 

9 the Secretaries of the military departments, the 

10 Under Secretary of Defense (Comptroller), and the 

11 Director of Cost Assessment and Program Evalua12 tion, shall deliver to the congressional defense com13 mittees the Department of Defense’s plan for report14 ing to the congressional defense committees on ac15 quisition programs. 

16 (2) OBJECTIVES.—The plan required under 

17 paragraph (1) shall ensure that reporting— 

18 (A) addresses program progress against 

19 cost, schedule, and performance goals and pro20 vides an assessment of program risks; and 

21 (B) includes annual reporting, at a min22 imum, and provides continuous or periodic up23 dates for external users, as appropriate, to in24 crease the efficiency of and reduce the bureauVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
417 

•S 2792 RS

1 cratic burdens for reporting data and informa2 tion on acquisition programs. 

3 (3) ELEMENTS.—The plan shall include the fol4 lowing elements: 

5 (A) The types of programs to be included 

6 in reporting, including the dollar value thresh7 old for reporting, and the acquisition meth8 odologies and pathways that are to be included. 

9 (B) The planned reporting schedule, in10 cluding when reports will be available to exter11 nal users and the intervals at which data will 

12 be updated. 

13 (C) The specific data elements to be in14 cluded in reporting to assess program perform15 ance and associated risks, to include, at a min16 imum, software development and cybersecurity 

17 risks, and an identification of any data ele18 ments that cannot be publicly released. 

19 (D) The criteria to initiate, modify, or ter20 minate reporting for programs, as appropriate, 

21 based on program characteristics, acquisition 

22 methodology or pathway being used, cost 

23 growth or changes, and program performance. 

24 (E) The mechanisms by which reporting 

25 will be provided to the congressional defense 


Pbinns on DSKJLVW7X2PROD with BILLS
418 

•S 2792 RS

1 committees and other external users, includ2 ing— 

3 (i) identification of types of organiza4 tions that will have access to the system, 

5 including those outside the Department of 

6 Defense; 

7 (ii) how the system will be accessed by 

8 users, including those outside the Depart9 ment of Defense; 

10 (iii) how those users will be trained on 

11 the use of the system and what level of 

12 support will be available for users on an 

13 ongoing basis; and 

14 (iv) the data, information, and analyt15 ical capabilities supported by the system. 

16 (F) Identification and description of— 

17 (i) the organizations responsible for 

18 implementation of and overall operation of 

19 the system; 

20 (ii) the organizations responsible for 

21 entering data into the system and ensuring 

22 that data is entered into the system in a 

23 timely fashion; 

24 (iii) schedule and milestones for im25 plementation; 


Pbinns on DSKJLVW7X2PROD with BILLS
419 

•S 2792 RS

1 (iv) resources required, including per2 sonnel and funding; 

3 (v) implementation risks and how they 

4 will be mitigated; 

5 (vi) any necessary updates to policy or 

6 guidance required to implement the pro7 posed reporting approach; and 

8 (vii) any legislative changes required 

9 to implement the proposed reporting ap10 proach. 

11 SEC. 855. MILITARY STANDARDS FOR HIGH-HARDNESS 

12 ARMOR IN COMBAT VEHICLE SPECIFICA13 TIONS. 

14 (a) IN GENERAL.—Not later than March 31, 2022, 

15 the Secretary of the Army shall establish military stand16 ards for high-hardness armor for incorporation into speci17 fications for current and future combat vehicles developed 

18 and procured by the Department of the Army. 

19 (b) REPORT REQUIRED.—Not later than June 30, 

20 2022, the Secretary of the Army shall provide a report 

21 to the congressional defense committees that describes— 

22 (1) the establishment of military standards for 

23 high-hardness armor required pursuant to subsection 

24 (a); and 


Pbinns on DSKJLVW7X2PROD with BILLS
420 

•S 2792 RS

1 (2) the strategy for incorporation of those 

2 standards into combat vehicle specifications. 

3 (c) COMBAT VEHICLE DEFINED.—For purposes of 

4 this section, the term ‘‘combat vehicle’’ means a tracked 

5 or wheeled tactical vehicle incorporating high-hardness 

6 armor in its manufacture. 

7 SEC. 856. REVISIONS TO THE UNIFIED FACILITIES CRI8 TERIA REGARDING THE USE OF VARIABLE 

9 REFRIGERANT FLOW SYSTEMS. 

10 (a) IN GENERAL.—The Under Secretary of Defense 

11 for Acquisition and Sustainment shall publish any pro12 posed revisions to the Unified Facilities Criteria regarding 

13 the use of variable refrigerant flow systems in the Federal 

14 Register and shall specify a comment period of at least 

15 60 days. 

16 (b) NOTICE.—The Secretary of Defense shall submit 

17 to the Committees on Armed Services of the Senate and 

18 the House of Representatives a written notice and jus19 tification for any proposed revisions to the Unified Facili20 ties Criteria regarding the use of variable refrigerant flow 

21 systems not later than 30 days after the date of publica22 tion in the Federal Register. 


Pbinns on DSKJLVW7X2PROD with BILLS
421 

•S 2792 RS

1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 SEC. 901. CHANGE IN ELIGIBILITY REQUIREMENTS FOR AP5 POINTMENT TO CERTAIN DEPARTMENT OF 

6 DEFENSE LEADERSHIP POSITIONS. 

7 (a) ASSISTANT SECRETARY OF DEFENSE FOR SPE8 CIAL OPERATIONS AND LOW INTENSITY CONFLICT.—Sec9 tion 138(b)(2)(A) of title 10, United States Code, is 

10 amended by inserting after the third sentence the fol11 lowing: ‘‘A person may not be appointed as Assistant Sec12 retary within seven years after relief from active duty as 

13 a commissioned officer of a regular component of an 

14 armed force.’’. 

15 (b) SECRETARY OF THE ARMY.—Section 7013(a)(2) 

16 of title 10, United States Code, is amended by striking 

17 ‘‘five’’ and inserting ‘‘seven’’. 

18 (c) SECRETARY OF THE NAVY.—Section 8013(a)(2) 

19 of title 10, United States Code, is amended by striking 

20 ‘‘five’’ and inserting ‘‘seven’’. 

21 (d) SECRETARY OF THE AIR FORCE.—Section 

22 9013(a)(2) of title 10, United States Code, is amended 

23 by striking ‘‘five’’ and inserting ‘‘seven’’. 

24 (e) TECHNICAL CORRECTIONS RELATING TO OTHER

25 POSITIONS.— 


Pbinns on DSKJLVW7X2PROD with BILLS
422 

•S 2792 RS

1 (1) UNDER SECRETARY OF DEFENSE (COMP2 TROLLER).—Section 135(a)(1) of title 10, United 

3 States Code, is amended by striking ‘‘the armed 

4 forces’’ and inserting ‘‘an armed force’’. 

5 (2) UNDER SECRETARY OF DEFENSE FOR PER6 SONNEL AND READINESS.—Section 136(a) of title 

7 10, United States Code, is amended by striking ‘‘the 

8 armed forces’’ and inserting ‘‘an armed force’’. 

9 (3) UNDER SECRETARY OF DEFENSE FOR IN10 TELLIGENCE AND SECURITY.—Section 137(a) of 

11 title 10, United States Code, is amended by striking 

12 ‘‘the armed forces’’ and inserting ‘‘an armed force’’. 

13 SEC. 902. RENAMING OF AIR NATIONAL GUARD TO AIR AND 

14 SPACE NATIONAL GUARD. 

15 (a) TITLE 10.—Title 10, United States Code, is 

16 amended— 

17 (1) in the section headings, by striking ‘‘Air 

18 National Guard’’ each place it appears and in19 serting ‘‘Air and Space National Guard’’; 

20 (2) in the tables of sections, by striking ‘‘Air 

21 National Guard’’ each place it appears and inserting 

22 ‘‘Air and Space National Guard’’; and 

23 (3) in the text, by striking ‘‘Air National 

24 Guard’’ each place it appears and inserting ‘‘Air and 

25 Space National Guard’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
423 

•S 2792 RS

1 (b) TITLE 32.—Title 32, United States Code, is 

2 amended by striking ‘‘Air National Guard’’ each place it 

3 appears and inserting ‘‘Air and Space National Guard’’. 

4 (c) TITLE 37.—Title 37, United States Code, is 

5 amended by striking ‘‘Air National Guard’’ each place it 

6 appears and inserting ‘‘Air and Space National Guard’’. 

7 (d) TITLE 38.—Title 38, United States Code, is 

8 amended by striking ‘‘Air National Guard’’ each place it 

9 appears and inserting ‘‘Air and Space National Guard’’. 

10 (e) OTHER PROVISIONS OF LAW.— 

11 (1) TITLE 5.—Title 5, United States Code, is 

12 amended— 

13 (A) in section 2108(1)(B), by striking ‘‘Air 

14 National Guard’’ and inserting ‘‘Air and Space 

15 National Guard’’; and 

16 (B) in section 5518(2), by striking ‘‘Air 

17 National Guard’’ and inserting ‘‘Air and Space 

18 National Guard’’. 

19 (2) TITLE 18.—Section 1716(g)(2) of title 18, 

20 United States Code, is amended by striking ‘‘Air 

21 National Guard’’ and inserting ‘‘Air and Space Na22 tional Guard’’. 

23 (3) TITLE 28.—Section 631(c) of title 28, 

24 United States Code, is amended by striking ‘‘Air 


Pbinns on DSKJLVW7X2PROD with BILLS
424 

•S 2792 RS

1 National Guard’’ and inserting ‘‘Air and Space Na2 tional Guard’’. 

3 (4) TITLE 36.—Section 20203 of title 36, 

4 United States Code, is amended by striking ‘‘Air 

5 National Guard’’ each place it appears and inserting 

6 ‘‘Air and Space National Guard’’. 

7 (5) INTERNAL REVENUE CODE OF 1986.—Sec8 tion 3309(b)(3)(C) of the Internal Revenue Code of 

9 1986 is amended by striking ‘‘Air National Guard’’ 

10 and inserting ‘‘Air and Space National Guard’’. 

11 (6) TRADE ACT OF 1974.—Section 233(i)(2)(B) 

12 of the Trade Act of 1974 (19 U.S.C. 2293(i)(2)(B)) 

13 is amended by striking ‘‘Air National Guard’’ and 

14 inserting ‘‘Air and Space National Guard’’. 

15 (f) REFERENCES.—Any reference in law, regulation, 

16 document, paper, or other record of the United States to 

17 the Air National Guard or the Air National Guard of the 

18 United States shall be deemed to be a reference to the 

19 Air and Space National Guard or the Air and Space Na20 tional Guard of the United States, respectively. 

21 (g) REPORT REQUIRED.—Not later than 180 days 

22 after the date of the enactment of this Act, the Secretary 

23 of Defense shall submit to the congressional defense com24 mittees a report that includes— 


Pbinns on DSKJLVW7X2PROD with BILLS
425 

•S 2792 RS

1 (1) a plan to implement the organizational 

2 changes necessary to carry out the amendments 

3 made by subsections (a) through (f); and 

4 (2) a description of any technical and con5 forming amendments to provisions of law necessary 

6 to fully implement those changes. 

7 SEC. 903. JOINT AVIATION SAFETY COUNCIL. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Preventing Loss of Aircrews and Necessary Equipment 

10 Act’’ or the ‘‘PLANE Act’’. 

11 (b) FINDINGS.—Congress makes the following find12 ings: 

13 (1) Section 1087 of the John S. McCain Na14 tional Defense Authorization Act for Fiscal Year 

15 2019 (Public Law 115–232; 132 Stat. 1992) estab16 lished and authorized funding for the National Com17 mission on Military Aviation Safety (in this sub18 section referred to as the ‘‘Commission’’). 

19 (2) The mission of the Commission as an inde20 pendent establishment was to undertake a com21 prehensive study of United States military aviation 

22 mishaps that occurred between fiscal years 2013 and 

23 2018 in order— 


Pbinns on DSKJLVW7X2PROD with BILLS
426 

•S 2792 RS

1 (A) to assess the rates of military aviation 

2 mishaps between fiscal years 2013 and 2018 

3 compared to historic aviation mishap rates; 

4 (B) to make an assessment of the under5 lying causes contributing to accidents arising 

6 from the unexplained physiological effects of 

7 flying; 

8 (C) to make an assessment of causes con9 tributing to delays in aviation maintenance and 

10 limiting operational availability of aircraft; 

11 (D) to make an assessment of the causes 

12 contributing to military aviation mishaps; and 

13 (E) to make recommendations on the 

14 modifications, if any, of safety, training, main15 tenance, personnel, or other policies related to 

16 military aviation safety. 

17 (3) The Commission released its report to the 

18 President and Congress on December 1, 2020, and 

19 found that the United States Armed Forces lost a 

20 total of 224 lives, $11,600,000,000, and 186 aircraft 

21 to training accidents or routine operations between 

22 fiscal years 2013 and 2020. 

23 (4) While the Commission conducted its study, 

24 26 lives, 29 aircraft, and $2,250,000,000 were lost. 


Pbinns on DSKJLVW7X2PROD with BILLS
427 

•S 2792 RS

1 (5) The Commission made a number of rec2 ommendations to correct the increasing number of 

3 mishaps in hopes of saving precious lives and re4 sources in the future. 

5 (c) SENSE OF CONGRESS.—It is the sense of Con6 gress that a confluence of factors is contributing to United 

7 States military aviation mishaps, including— 

8 (1) lack of centralized joint oversight; 

9 (2) misunderstanding of the physiological ef10 fects of the human-machine interface; 

11 (3) byzantine planning, contracting, and pro12 gram management processes; 

13 (4) continued need for predictable and reliable 

14 funding; 

15 (5) over-extension of aviation forces as a result 

16 of high demand and low density; 

17 (6) underemphasis on maintainers as profes18 sional occupational specialties that require complex, 

19 career paths to support aviation safety, readiness, 

20 and operational tempo; and 

21 (7) dwindling pilot retention. 

22 (d) ESTABLISHMENT OF JOINT AVIATION SAFETY

23 COUNCIL.— 


Pbinns on DSKJLVW7X2PROD with BILLS
428 

•S 2792 RS

1 (1) IN GENERAL.—Chapter 7 of title 10, United 

2 States Code, is amended by inserting after section 

3 183a the following new section: 

4 ‘‘§ 184. Joint Aviation Safety Council 

5 ‘‘(a) ESTABLISHMENT.—There is established, within 

6 the Office of the Deputy Secretary of Defense, a Joint 

7 Aviation Safety Council (in this section referred to as the 

8 ‘Council’). 

9 ‘‘(b) MEMBERSHIP.— 

10 ‘‘(1) IN GENERAL.—The Council shall be com11 posed of voting members as follows: 

12 ‘‘(A) The Director of Safety for each mili13 tary department. 

14 ‘‘(B) An employee of the Department of 

15 Defense appointed by the Deputy Secretary of 

16 Defense under paragraph (2)(B). 

17 ‘‘(C) One member of each military depart18 ment appointed by the Secretary concerned. 

19 ‘‘(2) APPOINTMENT.— 

20 ‘‘(A) DEADLINE.—The initial members of 

21 the Council shall be appointed not later than 30 

22 days after the date of the enactment of the Na23 tional Defense Authorization Act for Fiscal 

24 Year 2022. 


Pbinns on DSKJLVW7X2PROD with BILLS
429 

•S 2792 RS

1 ‘‘(B) SENIOR EXECUTIVE SERVICE EM2 PLOYEE.—The Deputy Secretary of Defense 

3 shall appoint under paragraph (1)(B) an em4 ployee of the Department of Defense who is a 

5 career member of the Senior Executive Service 

6 with a record of successfully running programs 

7 within the Department. 

8 ‘‘(C) DIRECTORS OF SAFETY.—Not later 

9 than 30 days after the date of the enactment of 

10 the National Defense Authorization Act for Fis11 cal Year 2022, the Secretary of each military 

12 department shall appoint an officer of that de13 partment in grade O–8 as Director of Safety 

14 for the department. 

15 ‘‘(3) REMOVAL.—A member of the Council shall 

16 serve at the will of the official who appointed the 

17 member. 

18 ‘‘(4) VACANCIES.—Any vacancy on the Council 

19 shall be filled in the same manner as the original ap20 pointment. 

21 ‘‘(5) COMPENSATION.—A member of the Coun22 cil shall serve without compensation in addition to 

23 the compensation received by the member for the 

24 service of the member as an officer or employee of 

25 the United States. 


Pbinns on DSKJLVW7X2PROD with BILLS
430 

•S 2792 RS

1 ‘‘(6) MEETINGS.—The Council shall meet quar2 terly and at the call of the chairperson. 

3 ‘‘(c) CHAIRPERSON AND VICE CHAIRPERSON.— 

4 ‘‘(1) CHAIRPERSON.— 

5 ‘‘(A) IN GENERAL.—The Secretary of De6 fense shall select one of the members of the 

7 Council who is a member of the armed forces 

8 to serve as chairperson of the Council. 

9 ‘‘(B) TERM.—The chairperson shall serve 

10 for a term of two years. 

11 ‘‘(C) RESPONSIBILITIES OF CHAIR12 PERSON.—In addition to serving as the head of 

13 the Council, the chairperson shall— 

14 ‘‘(i) serve as the Director of Aviation 

15 Safety for the Department of Defense; 

16 ‘‘(ii) serve as principal advisor to the 

17 Secretary of Defense regarding military 

18 aviation safety and related regulations and 

19 policy reforms, including issues regarding 

20 maintenance, supply chains, personnel 

21 management, and training; 

22 ‘‘(iii) oversee all duties and activities 

23 of the Council including conduct of mili24 tary aviation safety studies and issuance of 

25 safety guidance to services; 


Pbinns on DSKJLVW7X2PROD with BILLS
431 

•S 2792 RS

1 ‘‘(iv) work with and advise the Secre2 taries of the military departments through 

3 appointed safety chiefs to implement 

4 standardized aviation safety guidance 

5 across all military departments; 

6 ‘‘(v) submit an annual report to Sec7 retary of Defense and Congress reviewing 

8 the compliance of each military department 

9 with the guidance described in clause (iv); 

10 ‘‘(vi) advise Congress on issues related 

11 to military aviation safety and reforms; 

12 and 

13 ‘‘(vii) oversee coordination with other 

14 Federal agencies, including the Federal 

15 Aviation Administration, to inform military 

16 aviation safety guidance and reforms. 

17 ‘‘(2) VICE CHAIRPERSON.— 

18 ‘‘(A) IN GENERAL.—The individual ap19 pointed under subsection (b)(1)(B) shall serve 

20 as vice chairperson of the Council. 

21 ‘‘(B) RELATIONSHIP TO CHAIRPERSON.— 

22 The vice chairperson of the Council shall report 

23 to the chairperson and serve as chairperson in 

24 the absence of the chairperson selected under 

25 subparagraph (A). 


Pbinns on DSKJLVW7X2PROD with BILLS
432 

•S 2792 RS

1 ‘‘(d) RESPONSIBILITIES OF COUNCIL.— 

2 ‘‘(1) IN GENERAL.—Subject to subsection (e), 

3 the Council shall be responsible for issuing, pub4 lishing, and updating regulations related to military 

5 aviation safety, including regulations on the report6 ing and investigation of aviation mishaps. 

7 ‘‘(2) MISHAP DATA.—The Council shall— 

8 ‘‘(A) establish uniform data collection 

9 standards for aviation mishaps in the Depart10 ment of Defense; 

11 ‘‘(B) review the compliance of each mili12 tary department in adopting and using the uni13 form data collection standards required under 

14 subparagraph (A); and 

15 ‘‘(C) review aviation mishap data to assess, 

16 identify, and prioritize risk mitigation efforts in 

17 military aviation. 

18 ‘‘(3) NON-MISHAP DATA.—The Council shall es19 tablish— 

20 ‘‘(A) standards and requirements for the 

21 collection of aircraft, simulator, airfield, and 

22 pilot data; and 

23 ‘‘(B) requirements for each military de24 partment to collect and analyze the issuance of 


Pbinns on DSKJLVW7X2PROD with BILLS
433 

•S 2792 RS

1 any waiver related to pilot qualifications or 

2 standards. 

3 ‘‘(4) AVIATION SAFETY MANAGEMENT SYS4 TEM.—The Council shall— 

5 ‘‘(A) establish, in consultation with the Ad6 ministrator of the Federal Aviation Administra7 tion, a requirement for each military depart8 ment to implement an aviation safety manage9 ment system; 

10 ‘‘(B) review for approval the proposal of 

11 each military department for an aviation safety 

12 management system; and 

13 ‘‘(C) review the implementation of that 

14 system by each military department. 

15 ‘‘(5) REVIEW OF CIVIL AVIATION SAFETY PRO16 GRAMS AND PRACTICES.—The Council shall review 

17 and assess civil aviation safety programs and prac18 tices and determine their suitability for implementa19 tion in military aviation. 

20 ‘‘(e) OVERSIGHT.—The decisions and recommenda21 tions of the Council are subject to review and approval 

22 by the Deputy Secretary of Defense. 

23 ‘‘(f) STAFF.— 

24 ‘‘(1) PERMANENT STAFF.—The Council may 

25 appoint and fix the rate of basic pay for additional 


Pbinns on DSKJLVW7X2PROD with BILLS
434 

•S 2792 RS

1 personnel as staff of the Council in accordance with 

2 section 3101 of title 5. 

3 ‘‘(2) DETAILEES.—The Council may accept in4 dividuals on detail from within the Department of 

5 Defense and from other Federal agencies on a reim6 bursable or non-reimbursable basis. 

7 ‘‘(g) SPACE FOR COUNCIL.—Not later than 90 days 

8 after the date of the enactment of the National Defense 

9 Authorization Act for Fiscal Year 2022, the Administrator 

10 of General Services, in consultation with the Secretary of 

11 Defense, shall identify and make available suitable excess 

12 space within the Federal space inventory to house the op13 erations of the Council. If the Administrator is not able 

14 to make such suitable excess space available within such 

15 90-day period, the Council may lease space to the extent 

16 that funds are available for such purpose. 

17 ‘‘(h) CONTRACTING AUTHORITY.—The Council may 

18 enter into contracts for the acquisition of administrative 

19 supplies, equipment, and personnel services for use by the 

20 Council, to the extent that funds are available for such 

21 purposes. 

22 ‘‘(i) PROCUREMENT OF TEMPORARY AND INTERMIT23 TENT SERVICES.—The chairperson of the Council may 

24 procure temporary and intermittent services under section 

25 3109(b) of title 5 at rates for individuals that do not exVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
435 

•S 2792 RS

1 ceed the daily equivalent of the annual rate of basic pay 

2 prescribed for level V of the Executive Schedule under sec3 tion 5316 of such title. 

4 ‘‘(j) DATA COLLECTION.— 

5 ‘‘(1) ACCESS TO DATABASES.—Under regula6 tions prescribed by the Secretary of Defense, the 

7 Council shall have access to databases of the De8 partment of Defense necessary to carry out the du9 ties of the Council. 

10 ‘‘(2) SHARING OF AVIATION SAFETY DATA.— 

11 Under regulations prescribed by the Secretary of 

12 Defense, the Council may enter into agreements with 

13 the Federal Aviation Administration, the National 

14 Transportation Safety Board, and any other Federal 

15 agency regarding the sharing of aviation safety data. 

16 ‘‘(3) PRIVILEGE OF DATA.—Except for such 

17 data as the Secretary of Defense may choose to pro18 vide, and notwithstanding any other provision of 

19 law, data collected by the Council under this sub20 section shall be privileged from disclosure or dis21 covery to any person.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions for chapter 7 of such title is amended by in24 serting after the item relating to section 183a the 

25 following new item: 

‘‘184. Joint Aviation Safety Council.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
436 

•S 2792 RS

1 (e) TIMELINE FOR ESTABLISHMENT.—The Secretary 

2 of Defense shall implement and provide the necessary re3 sources for the Joint Aviation Safety Council established 

4 under section 184 of title 10, United States Code, as 

5 added by subsection (d), by not later than the date that 

6 is 120 days after the date of the enactment of this Act. 

7 (f) REPORT REQUIRED.—Not later than 120 days 

8 after the date of the enactment of this Act, the Secretary 

9 of Defense shall submit to the congressional defense com10 mittees a report that includes— 

11 (1) a description of the measures the Depart12 ment of Defense plans to take to correct the issues 

13 identified in the report to the President and Con14 gress of the National Commission on Military Avia15 tion Safety Report, dated December 1, 2020; 

16 (2) a statement of whether the Secretary con17 curs or disagrees with the findings of that report; 

18 and 

19 (3) a detailed plan of action for implementation 

20 of each recommendation included in that report. 

21 (g) FUNDING.—The amount authorized to be appro22 priated for fiscal year 2022 by this Act for military per23 sonnel appropriations is hereby increased by $4,000,000, 

24 with the amount of the increase to be available for the 

25 Joint Aviation Safety Council established under section 


Pbinns on DSKJLVW7X2PROD with BILLS
437 

•S 2792 RS

1 184 of title 10, United States Code, as added by sub2 section (d). 

3 SEC. 904. ASSIGNMENTS FOR PARTICIPANTS IN THE JOHN 

4 S. MCCAIN STRATEGIC DEFENSE FELLOWS 

5 PROGRAM. 

6 Section 932(e) of the John S. McCain National De7 fense Authorization Act for Fiscal Year 2019 (Public Law 

8 115–232; 10 U.S.C. 1580 note prec.) is amended— 

9 (1) in paragraph (2)— 

10 (A) by striking ‘‘and each Under Secretary 

11 of Defense and Director of a Defense Agency 

12 who reports directly to the Secretary of De13 fense,’’ and inserting ‘‘, each Under Secretary 

14 of Defense, and other officials, as designated by 

15 the Secretary of Defense, within the Office of 

16 the Secretary of Defense (as defined in section 

17 131 of title 10, United States Code) who report 

18 directly to the Secretary of Defense’’; and 

19 (B) by striking ‘‘or Director’’ and inserting 

20 ‘‘or official within the Office of the Secretary of 

21 Defense’’; 

22 (2) in paragraph (3)— 

23 (A) by striking ‘‘Under Secretaries and Di24 rectors’’ and inserting ‘‘Under Secretaries of 


Pbinns on DSKJLVW7X2PROD with BILLS
438 

•S 2792 RS

1 Defense and other officials within the Office of 

2 the Secretary of Defense’’; and 

3 (B) by striking ‘‘Under Secretary, or Di4 rector’’ and inserting ‘‘Under Secretary of De5 fense, or other official within the Office of the 

6 Secretary of Defense’’; and 

7 (3) in paragraph (7), by striking ‘‘shall be on 

8 a first-come, first-served basis’’ and inserting ‘‘may 

9 require a minimum service agreement, as determined 

10 by the Secretary’’. 

11 SEC. 905. ALIGNMENT OF CLOSE COMBAT LETHALITY TASK 

12 FORCE. 

13 (a) IN GENERAL.—Until the Secretary of Defense 

14 submits to the congressional defense committees the re15 port described in subsection (b), the Secretary shall rein16 state— 

17 (1) the initial alignment of the Close Combat 

18 Lethality Task Force (CCLTF) so that the Task 

19 Force reports directly to the Secretary; and 

20 (2) the designation of the Task Force as a 

21 cross-functional team under section 911 of the Na22 tional Defense Authorization Act for Fiscal Year 

23 2017 (Public Law 114–328; 10 U.S.C. 111 note). 

24 (b) REPORT DESCRIBED.—The report described in 

25 this subsection is a report on a proposed alternative alignVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
439 

•S 2792 RS

1 ment for the Close Combat Lethality Task Force that in2 cludes— 

3 (1) a description of— 

4 (A) how the proposed alignment of the 

5 Task Force would— 

6 (i) facilitate the effective pursuit of, 

7 and support for, both materiel and non8 materiel initiatives by the Task Force; 

9 (ii) maintain benefits for the Task 

10 Force similar to the benefits associated 

11 with reporting directly to the Secretary of 

12 Defense and designation as a cross-func13 tional team; and 

14 (iii) ensure collaboration and support 

15 from the primary stakeholders in the Task 

16 Force, including the Army, the Marine 

17 Corps, and the United States Special Op18 erations Command; and 

19 (B) how the Task Force would be funded 

20 and gain appropriate resourcing for cross-func21 tional team initiatives supported by the Sec22 retary; and 

23 (2) supporting analysis for the matters de24 scribed in paragraph (1). 


Pbinns on DSKJLVW7X2PROD with BILLS
440 

•S 2792 RS

1 (c) EXCEPTION.—Subsection (a) does not apply if the 

2 President submits to the congressional defense commit3 tees— 

4 (1) a certification that implementing that sub5 section would be detrimental to the defense interests 

6 of the United States; and 

7 (2) a justification for the certification. 

8 SEC. 906. MANAGEMENT INNOVATION ACTIVITIES. 

9 (a) IN GENERAL.—The Secretary of Defense shall es10 tablish a set of activities to improve the effectiveness of 

11 management activities within the Department of Defense, 

12 with the goals of incorporating appropriate private sector 

13 management practices and technologies and enhancing the 

14 capabilities of the defense management workforce. 

15 (b) MANAGEMENT ACTIVITIES.—The activities estab16 lished under subsection (a) may include the following: 

17 (1) Public-private partnerships with appropriate 

18 private sector and government organizations. 

19 (2) Personnel exchange programs with appro20 priate industry, academic, and government organiza21 tions to enhance the capabilities of the defense man22 agement workforce. 

23 (3) Research, development, and technology and 

24 business process prototyping activities to create new 

25 technological capabilities to support management 


Pbinns on DSKJLVW7X2PROD with BILLS
441 

•S 2792 RS

1 missions, or development and testing of new man2 agement concepts and business transformation ac3 tivities. 

4 (4) A designated activity or agency to lead 

5 management innovation activities. 

6 (5) A process by which defense business process 

7 owners and other personnel of the Department of 

8 Defense can identify management and business proc9 ess challenges and opportunities that could be ad10 dressed by activities established under this section. 

11 (6) Processes to develop, prototype, test, and 

12 field new business processes and practices to im13 prove defense management capabilities. 

14 (7) Academic research and educational activi15 ties related to defense management missions to pro16 mote— 

17 (A) development of innovative management 

18 concepts; 

19 (B) analyses and addressing of current 

20 management challenges; and 

21 (C) development of programs and activities 

22 to develop a future defense management work23 force. 

24 (8) Such other activities as the Secretary con25 siders appropriate. 


Pbinns on DSKJLVW7X2PROD with BILLS
442 

•S 2792 RS

1 (c) PLAN REQUIRED.—Not later than February 1, 

2 2023, the Secretary shall submit to the congressional de3 fense committees a plan for activities established under 

4 this section. 

5 (d) BRIEFINGS.—Not later than July 1, 2022, and 

6 July 1, 2023, the Secretary shall provide to the congres7 sional defense committees briefings on activities estab8 lished and plans developed under this section. 

9 TITLE X—GENERAL PROVISIONS 

10 Subtitle A—Financial Matters 

11 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

12 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

13 (1) AUTHORITY.—Upon determination by the 

14 Secretary of Defense that such action is necessary in 

15 the national interest, the Secretary may transfer 

16 amounts of authorizations made available to the De17 partment of Defense in this division for fiscal year 

18 2022 between any such authorizations for that fiscal 

19 year (or any subdivisions thereof). Amounts of au20 thorizations so transferred shall be merged with and 

21 be available for the same purposes as the authoriza22 tion to which transferred. 

23 (2) LIMITATION.—Except as provided in para24 graph (3), the total amount of authorizations that 


Pbinns on DSKJLVW7X2PROD with BILLS
443 

•S 2792 RS

1 the Secretary may transfer under the authority of 

2 this section may not exceed $6,000,000,000. 

3 (3) EXCEPTION FOR TRANSFERS BETWEEN

4 MILITARY PERSONNEL AUTHORIZATIONS.—A trans5 fer of funds between military personnel authoriza6 tions under title IV shall not be counted toward the 

7 dollar limitation in paragraph (2). 

8 (b) LIMITATIONS.—The authority provided by sub9 section (a) to transfer authorizations— 

10 (1) may only be used to provide authority for 

11 items that have a higher priority than the items 

12 from which authority is transferred; and 

13 (2) may not be used to provide authority for an 

14 item that has been denied authorization by Con15 gress. 

16 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

17 transfer made from one account to another under the au18 thority of this section shall be deemed to increase the 

19 amount authorized for the account to which the amount 

20 is transferred by an amount equal to the amount trans21 ferred. 

22 (d) NOTICE TO CONGRESS.—The Secretary shall 

23 promptly notify Congress of each transfer made under 

24 subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
444 

•S 2792 RS

1 SEC. 1002. COMMISSION ON PLANNING, PROGRAMMING, 

2 BUDGETING, AND EXECUTION REFORM. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is hereby established, 

5 as of the date specified in paragraph (2), an inde6 pendent commission in the legislative branch to be 

7 known as the ‘‘Commission on Planning, Program8 ming, Budgeting, and Execution Reform’’ (in this 

9 section referred to as the ‘‘Commission’’). 

10 (2) DATE OF ESTABLISHMENT.—The date of 

11 establishment referred to in paragraph (1) is 30 

12 days after the date of the enactment of this Act. 

13 (b) MEMBERSHIP.— 

14 (1) NUMBER AND APPOINTMENT.—The Com15 mission shall be composed of 10 members from pri16 vate civilian life who are recognized experts and have 

17 relevant professional experience in matters relating 

18 to the planning, programming, budgeting, and exe19 cution process of the Department of Defense. The 

20 members shall be appointed as follows: 

21 (A) The Secretary of Defense shall appoint 

22 two members. 

23 (B) The Chair and the Ranking Member of 

24 the Committee on Armed Services of the Senate 

25 shall each appoint one member. 


Pbinns on DSKJLVW7X2PROD with BILLS
445 

•S 2792 RS

1 (C) The Chair and the Ranking Member of 

2 the Committee on Armed Services of the House 

3 of Representatives shall each appoint one mem4 ber. 

5 (D) The Chair and the Ranking Member 

6 of the Subcommittee on Defense of the Com7 mittee on Appropriations of the Senate shall 

8 each appoint one member. 

9 (E) The Chair and the Ranking Member of 

10 the Subcommittee on Defense of the Committee 

11 on Appropriations of the House of Representa12 tives shall each appoint one member. 

13 (2) DEADLINE FOR APPOINTMENT.—Members 

14 shall be appointed to the Commission under para15 graph (1) not later than 45 days after the Commis16 sion establishment date specified under subsection 

17 (a)(2). 

18 (3) EFFECT OF LACK OF APPOINTMENT BY AP19 POINTMENT DATE.—If one or more appointments 

20 under paragraph (1) is not made by the appoint21 ment date specified in paragraph (2), the authority 

22 to make such appointment or appointments shall ex23 pire, and the number of members of the Commission 

24 shall be reduced by the number equal to the number 

25 of appointments so not made. 


Pbinns on DSKJLVW7X2PROD with BILLS
446 

•S 2792 RS

1 (c) CHAIR AND VICE CHAIR.— 

2 (1) CHAIR.—The Chair of the Committee on 

3 Armed Services of the Senate and the Chair of the 

4 Committee on Armed Services of the House of Rep5 resentatives shall jointly designate one member of 

6 the Commission to serve as Chair of the Commis7 sion. 

8 (2) VICE CHAIR.—The ranking member of the 

9 Committee on Armed Services of the Senate and the 

10 ranking member of the Committee on Armed Serv11 ices of the House of Representatives shall jointly 

12 designate one member of the Commission to serve as 

13 Vice Chair of the Commission. 

14 (d) PERIOD OF APPOINTMENT AND VACANCIES.— 

15 Members shall be appointed for the life of the Commission. 

16 A vacancy in the Commission shall not affect its powers 

17 and shall be filled in the same manner as the original ap18 pointment was made. 

19 (e) PURPOSE.—The purpose of the Commission is to 

20 examine and make recommendations with respect to the 

21 planning, programming, budgeting, and execution process 

22 of the Department of Defense. 

23 (f) SCOPE AND DUTIES.—In order to provide the full24 est understanding of the matters required under subVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
447 

•S 2792 RS

1 section (e), the Commission shall perform the following 

2 duties: 

3 (1) The Commission shall review the planning, 

4 programming, budgeting, and execution process of 

5 the Department of Defense, including the develop6 ment and production of the Defense Planning Guid7 ance, the Program Objective Memorandum, and the 

8 Budget Estimate Submission. 

9 (2) The Commission shall conduct a com10 prehensive assessment of the efficacy and efficiency 

11 of all phases of the planning, programming, budg12 eting, and execution process, including the roles of 

13 key Department officials and the timelines to com14 plete the process. 

15 (g) COMMISSION REPORT AND RECOMMENDA16 TIONS.— 

17 (1) REPORT.—Not later than one year after the 

18 Commission establishment date specified under sub19 section (a)(2), the Commission shall transmit to the 

20 Secretary of Defense and to Congress a report con21 taining the review and assessment conducted under 

22 subsection (f), together with any recommendations 

23 of the Commission. The report shall include the fol24 lowing elements: 


Pbinns on DSKJLVW7X2PROD with BILLS
448 

•S 2792 RS

1 (A) An examination of the development of 

2 the Defense Planning Guidance, the Program 

3 Objective Memorandum, the Budget Estimate 

4 Submission, and any supporting documents. 

5 (B) An analysis of the timelines involved in 

6 developing an annual budget request and the 

7 Future Years Defense Program, including the 

8 ability to make program changes within those 

9 timelines. 

10 (C) A review of the sufficiency of the civil11 ian personnel workforce in the Office of the 

12 Secretary of Defense and the Office of Cost As13 sessment and Program Evaluation to conduct 

14 budgetary and program evaluation analysis. 

15 (D) An examination of the obstacles that 

16 inhibit, and the efforts to develop, new and 

17 agile programming and budgeting processes to 

18 enable rapid development and integration of 

19 emerging technology to enable the United 

20 States to more effectively counter near-peer 

21 competitors. 

22 (E) A review of the frequency and suffi23 ciency of budget and program execution anal24 ysis, to include any existing data analytics tools 

25 and any suggested improvements. 


Pbinns on DSKJLVW7X2PROD with BILLS
449 

•S 2792 RS

1 (F) Recommendations for reform for the 

2 Department to make internally. 

3 (G) Recommendations for reform that re4 quire legislation. 

5 (H) Any other elements the Commission 

6 considers appropriate. 

7 (2) INTERIM BRIEFING.—Not later than 180 

8 days after the Commission establishment date speci9 fied in subsection (a)(2), the Commission shall pro10 vide to the Committees on Armed Services of the 

11 Senate and the House of Representatives and the 

12 Subcommittees on Defense of the Committees on 

13 Appropriations of the Senate and the House of Rep14 resentatives a briefing on the status of its review 

15 and assessment to include a discussion of any in16 terim recommendations. 

17 (3) FORM.—The report submitted to Congress 

18 under paragraph (1) shall be submitted in unclassi19 fied form, but may include a classified annex. 

20 (h) GOVERNMENT COOPERATION.— 

21 (1) COOPERATION.—In carrying out its duties, 

22 the Commission shall receive the full and timely co23 operation of the Secretary of Defense in providing 

24 the Commission with analysis, briefings, and other 


Pbinns on DSKJLVW7X2PROD with BILLS
450 

•S 2792 RS

1 information necessary for the fulfillment of its re2 sponsibilities. 

3 (2) LIAISON.—The Secretary shall designate at 

4 least one officer or employee of the Department of 

5 Defense to serve as a liaison officer between the De6 partment and the Commission. 

7 (3) DETAILEES AUTHORIZED.—The Secretary 

8 may provide, and the Commission may accept and 

9 employ, personnel detailed from the Department of 

10 Defense, without reimbursement. 

11 (4) FACILITATION.— 

12 (A) INDEPENDENT, NON-GOVERNMENT IN13 STITUTE.—Not later than 45 days after the 

14 Commission establishment date specified in sub15 section (a)(2), the Secretary of Defense shall 

16 make available to the Commission the services 

17 of an independent, non-governmental institute 

18 described in section 501(c)(3) of the Internal 

19 Revenue Code of 1986, and exempt from tax 

20 under section 501(a) of such Code, that has 

21 recognized credentials and expertise in national 

22 security and military affairs in order to facili23 tate the Commission’s discharge of its duties 

24 under this section. 


Pbinns on DSKJLVW7X2PROD with BILLS
451 

•S 2792 RS

1 (B) FEDERALLY FUNDED RESEARCH AND

2 DEVELOPMENT CENTER.—On request of the 

3 Commission, the Secretary of Defense shall 

4 make available the services of a federally fund5 ed research and development center that is cov6 ered by a sponsoring agreement of the Depart7 ment of Defense in order to enhance the Com8 mission’s efforts to discharge its duties under 

9 this section. 

10 (i) STAFF.— 

11 (1) STATUS AS FEDERAL EMPLOYEES.—Not12 withstanding the requirements of section 2105 of 

13 title 5, United States Code, including the required 

14 supervision under subsection (a)(3) of such section, 

15 the members of the commission shall be deemed to 

16 be Federal employees. 

17 (2) EXECUTIVE DIRECTOR.—The Commission 

18 shall appoint and fix the rate of basic pay for an Ex19 ecutive Director in accordance with section 3161(d) 

20 of title 5, United States Code. 

21 (3) PAY.—The Executive Director, with the ap22 proval of the Commission, may appoint and fix the 

23 rate of basic pay for additional personnel as staff of 

24 the Commission in accordance with section 3161(d) 

25 of title 5, United States Code. 


Pbinns on DSKJLVW7X2PROD with BILLS
452 

•S 2792 RS

1 (j) PERSONAL SERVICES.— 

2 (1) AUTHORITY TO PROCURE.—The Commis3 sion may— 

4 (A) procure the services of experts or con5 sultants (or of organizations of experts or con6 sultants) in accordance with the provisions of 

7 section 3109 of title 5, United States Code; and 

8 (B) pay in connection with such services 

9 travel expenses of individuals, including trans10 portation and per diem in lieu of subsistence, 

11 while such individuals are traveling from their 

12 homes or places of business to duty stations. 

13 (2) MAXIMUM DAILY PAY RATES.—The daily 

14 rate paid an expert or consultant procured pursuant 

15 to paragraph (1) may not exceed the daily rate paid 

16 a person occupying a position at level IV of the Ex17 ecutive Schedule under section 5315 of title 5, 

18 United States Code. 

19 (k) AUTHORITY TO ACCEPT GIFTS.—The Commis20 sion may accept, use, and dispose of gifts or donations 

21 of services, goods, and property from non-Federal entities 

22 for the purposes of aiding and facilitating the work of the 

23 Commission. The authority in this subsection does not ex24 tend to gifts of money. Gifts accepted under this authority 

25 shall be documented, and conflicts of interest or the apVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
453 

•S 2792 RS

1 pearance of conflicts of interest shall be avoided. Subject 

2 to the authority in this section, commissioners shall other3 wise comply with rules set forth by the Select Committee 

4 on Ethics of the Senate and the Committee on Ethics of 

5 the House of Representatives governing Senate and House 

6 employees. 

7 (l) FUNDING.—Of the amounts authorized to be ap8 propriated by this Act for fiscal year 2022 for the Depart9 ment of Defense, up to $5,000,000 shall be made available 

10 to the Commission to carry out its duties under this sub11 title. Funds made available to the Commission under the 

12 preceding sentence shall remain available until expended. 

13 (m) LEGISLATIVE ADVISORY COMMITTEE.—The 

14 Commission shall operate as a legislative advisory com15 mittee and shall not be subject to the provisions of the 

16 Federal Advisory Committee Act (Public Law 92–463; 5 

17 U.S.C. App) or section 552b, United States Code (com18 monly known as the Government in the Sunshine Act). 

19 (n) CONTRACTING AUTHORITY.—The Commission 

20 may acquire administrative supplies and equipment for 

21 Commission use to the extent funds are available. 

22 (o) USE OF GOVERNMENT INFORMATION.—The 

23 Commission may secure directly from any department or 

24 agency of the Federal Government such information as the 

25 Commission considers necessary to carry out its duties. 


Pbinns on DSKJLVW7X2PROD with BILLS
454 

•S 2792 RS

1 Upon such request of the chair of the Commission, the 

2 head of such department or agency shall furnish such in3 formation to the Commission. 

4 (p) POSTAL SERVICES.—The Commission may use 

5 the United States mail in the same manner and under the 

6 same conditions as departments and agencies of the 

7 United States. 

8 (q) SPACE FOR USE OF COMMISSION.—Not later 

9 than 30 days after the establishment date of the Commis10 sion, the Administrator of General Services, in consulta11 tion with the Commission, shall identify and make avail12 able suitable excess space within the Federal space inven13 tory to house the operations of the Commission. If the Ad14 ministrator is not able to make such suitable excess space 

15 available within such 30-day period, the Commission may 

16 lease space to the extent the funds are available. 

17 (r) REMOVAL OF MEMBERS.—A member may be re18 moved from the Commission for cause by the individual 

19 serving in the position responsible for the original appoint20 ment of such member under subsection (b)(1), provided 

21 that notice has first been provided to such member of the 

22 cause for removal and voted and agreed upon by three 

23 quarters of the members serving. A vacancy created by 

24 the removal of a member under this subsection shall not 

25 affect the powers of the Commission, and shall be filled 


Pbinns on DSKJLVW7X2PROD with BILLS
455 

•S 2792 RS

1 in the same manner as the original appointment was 

2 made. 

3 (s) TERMINATION.—The Commission shall terminate 

4 90 days after the date on which it submits the report re5 quired by subsection (g). 

6 SEC. 1003. PLAN FOR CONSOLIDATION OF INFORMATION 

7 TECHNOLOGY SYSTEMS USED IN THE PLAN8 NING, PROGRAMMING, BUDGETING, AND EXE9 CUTION PROCESS. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Under Secretary of Defense (Comp12 troller), in consultation with the Chief Information Officer 

13 and the Chief Data Officer, shall submit to the congres14 sional defense committees a plan to consolidate the infor15 mation technology (IT) systems used to manage data and 

16 support the planning, programming, budgeting, and exe17 cution (PPBE) process of the Department of Defense. 

18 The plan should incorporate those systems used by the 

19 military departments as well as those used by the defense20 wide agencies, and should address the retirement or elimi21 nation of such systems. 


Pbinns on DSKJLVW7X2PROD with BILLS
456 

•S 2792 RS

1 Subtitle B—Counterdrug Activities 

2 SEC. 1011. CODIFICATION AND EXPANSION OF AUTHORITY 

3 FOR JOINT TASK FORCES OF THE DEPART4 MENT OF DEFENSE TO SUPPORT LAW EN5 FORCEMENT AGENCIES CONDUCTING 

6 COUNTER-TERRORISM, COUNTER-ILLICIT 

7 TRAFFICKING, OR COUNTER8 TRANSNATIONAL ORGANIZED CRIME ACTIVI9 TIES. 

10 (a) CODIFICATION OF SECTION 1022 OF FY 2004 

11 NDAA.—Chapter 15 of title 10, United States Code, is 

12 amended by adding at the end a new section 285 con13 sisting of— 

14 (1) a heading as follows: 

15 ‘‘§ 285. Authority for joint task forces to support law 

16 enforcement agencies conducting 

17 counter-terrorism, counter-illicit traf18 ficking, or counter-transnational orga19 nized crime activities’’; and 

20 (2) a text consisting of the text of section 1022 

21 of the National Defense Authorization Act for Fiscal 

22 Year 2004 (10 U.S.C. 271 note). 

23 (b) AMENDMENTS.—Section 285 of title 10, United 

24 States Code, as added by subsection (a), is amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
457 

•S 2792 RS

1 (1) in subsection (a), by inserting ‘‘, counter-il2 licit trafficking activities,’’ after ‘‘counter-terrorism 

3 activities’’; 

4 (2) in subsection (b)— 

5 (A) by striking ‘‘During fiscal years 2006 

6 through 2022, funds for drug interdiction’’ and 

7 inserting ‘‘Funds for drug interdiction’’; and 

8 (B) by inserting ‘‘, counter-illicit traf9 ficking,’’ after ‘‘counter-terrorism’’; 

10 (3) in subsection (c)— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘of each year in which the authority 

13 in subsection (a) is in effect’’ and inserting ‘‘of 

14 each year’’; and 

15 (B) in paragraph (1)— 

16 (i) by inserting ‘‘counter-illicit traf17 ficking,’’ after ‘‘on counter-drug,’’; and 

18 (ii) by inserting ‘‘, counter-illicit traf19 ficking,’’ after ‘‘provide counter-ter20 rorism,’’; 

21 (4) in subsection (d)— 

22 (A) in paragraph (2)(A)— 

23 (i) by inserting ‘‘, counter-illicit traf24 ficking,’’ after ‘‘counter-terrorism’’; and 

25 (ii) by striking ‘‘significantly’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
458 

•S 2792 RS

1 (B) by striking ‘‘(d) CONDITIONS.—(1)’’ 

2 and all that follows through ‘‘(2)(A) Support’’ 

3 and inserting ‘‘(d) CONDITIONS.—(1) Support’’; 

4 (C) by redesignating subparagraph (B) as 

5 paragraph (2); and 

6 (D) in paragraph (2), as so redesignated— 

7 (i) in the first sentence— 

8 (I) by striking ‘‘subparagraph 

9 (A)’’ and inserting ‘‘paragraph (1)’’; 

10 and 

11 (II) by striking ‘‘vital to’’ and in12 serting ‘‘in’’; and 

13 (ii) in the second sentence, by striking 

14 ‘‘the vital’’ and inserting ‘‘the’’; and 

15 (5) by striking subsection (e) and inserting the 

16 following new subsection (e): 

17 ‘‘(e) DEFINITIONS.—(1) In this section: 

18 ‘‘(A) The term ‘illicit trafficking’ means the 

19 trafficking of money, human trafficking, illicit finan20 cial flows, illegal trade in natural resources and wild21 life, illegal maritime activities, or trade in illegal 

22 drugs and weapons, whether conducted by a 

23 transnational criminal organization or a state actor. 


Pbinns on DSKJLVW7X2PROD with BILLS
459 

•S 2792 RS

1 ‘‘(B) The term ‘transnational organized crime’ 

2 has the meaning given such term in section 284(i) 

3 of this title. 

4 ‘‘(2) For purposes of applying the definition of 

5 transnational organized crime under paragraph (1)(B) to 

6 this section, the term ‘illegal means’, as it appears in such 

7 definition, includes— 

8 ‘‘(A) illicit trafficking; and 

9 ‘‘(B) any other form of illegal means deter10 mined by the Secretary of Defense.’’. 

11 (c) CONFORMING REPEAL.—Section 1022 of the Na12 tional Defense Authorization Act for Fiscal Year 2004 (10 

13 U.S.C. 271 note) is repealed. 

14 (d) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 15 of such title is amended 

16 by adding at the end the following new item: 

‘‘285. Authority for joint task forces to support law enforcement agencies conducting counter-terrorism, counter-illicit trafficking, or 

counter-transnational organized crime activities.’’. 

17 SEC. 1012. EXTENSION OF AUTHORITY TO SUPPORT A UNI18 FIED COUNTERDRUG AND COUNTERTER19 RORISM CAMPAIGN IN COLOMBIA. 

20 Section 1021 of the Ronald W. Reagan National De21 fense Authorization Act for Fiscal Year 2005 (Public Law 

22 108–375; 118 Stat. 2042), as most recently amended by 

23 section 1021 of the National Defense Authorization Act 


Pbinns on DSKJLVW7X2PROD with BILLS
460 

•S 2792 RS

1 for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 

2 1577), is further amended— 

3 (1) in subsection (a)(1), by striking ‘‘2022’’ and 

4 inserting ‘‘2023’’; and 

5 (2) in subsection (c), by striking ‘‘2022’’ and 

6 inserting ‘‘2023’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
461 

•S 2792 RS

1 Subtitle C—Naval Vessels 

2 SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CON3 STRUCTION PLAN. 

4 (a) IN GENERAL.—Section 231 of title 10, United 

5 States Code, is amended— 

6 (1) in subsection (b)(2), by adding at the end 

7 the following new subparagraphs: 

8 ‘‘(G) The expected service life of each vessel in 

9 the naval vessel force provided for under the naval 

10 vessel construction plan, disaggregated by ship class, 

11 and the rationale for any changes to such expecta12 tions from the previous year’s plan. 

13 ‘‘(H) A certification by the appropriate Senior 

14 Technical Authority designated under section 8669b 

15 of this title of the expected service life of each vessel 

16 in the naval vessel force provided for under the naval 

17 vessel construction plan, disaggregated by ship class, 

18 and the rationale for any changes to such expecta19 tions from the previous year’s plan.’’; and 

20 (2) in subsection (f), by adding at the end the 

21 following new paragraph: 

22 ‘‘(6) The term ‘expected service life’ means the 

23 number of years a naval vessel is expected to be in 

24 service.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
462 

•S 2792 RS

1 (b) REPEAL OF TERMINATION OF ANNUAL NAVAL

2 VESSEL CONSTRUCTION PLAN.—Section 1061(c) of the 

3 National Defense Authorization Act for Fiscal Year 2017 

4 (Public Law 114–328; 10 U.S.C. 111 note) is amended 

5 by striking paragraph (15). 

6 SEC. 1022. NAVY BATTLE FORCE SHIP ASSESSMENT AND 

7 REQUIREMENT REPORTING. 

8 (a) IN GENERAL.—Chapter 863 of title 10, United 

9 States Code, is amended— 

10 (1) by redesignating the second section 8692, 

11 as added by section 1026 of the William M. (Mac) 

12 Thornberry National Defense Authorization Act for 

13 Fiscal Year 2021 (Public Law 116–283), as section 

14 8693; and 

15 (2) by inserting after section 8693, as redesig16 nated by paragraph (1), the following new section: 

17 ‘‘§ 8694. Navy battle force ship assessment and re18 quirement reporting 

19 ‘‘(a) IN GENERAL.—Not later than 180 days after 

20 the date on which a covered event occurs, the Chief of 

21 Naval Operations shall submit to the congressional de22 fense committees a battle force ship assessment and re23 quirement. 

24 ‘‘(b) ASSESSMENT.—Each assessment required by 

25 subsection (a) shall include the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
463 

•S 2792 RS

1 ‘‘(1) A review of the strategic guidance of the 

2 Federal Government, the Department of Defense, 

3 and the Navy for identifying priorities, missions, ob4 jectives, and principles, in effect as of the date on 

5 which the assessment is submitted, that the force 

6 structure of the Navy must follow. 

7 ‘‘(2) An identification of the steady-state de8 mand for maritime security and security force assist9 ance activities. 

10 ‘‘(3) An identification of the force options that 

11 can satisfy the steady-state demands for activities 

12 required by theater campaign plans of combatant 

13 commanders. 

14 ‘‘(4) A force optimization analysis that pro15 duces a day-to-day global posture required to accom16 plish peacetime and steady-state tasks assigned by 

17 combatant commanders. 

18 ‘‘(5) A modeling of the ability of the force to 

19 fight and win scenarios approved by the Department 

20 of Defense. 

21 ‘‘(6) A calculation of the number and global 

22 posture of each force element required to meet 

23 steady-state presence demands and warfighting re24 sponse timelines. 


Pbinns on DSKJLVW7X2PROD with BILLS
464 

•S 2792 RS

1 ‘‘(c) REQUIREMENT.—(1) Each requirement required 

2 by subsection (a) shall— 

3 ‘‘(A) be based on the assessment required by 

4 subsection (b); and 

5 ‘‘(B) identify, for each of the fiscal years that 

6 are five, 10, 15, 20, 25, and 30 years from the date 

7 of the covered event— 

8 ‘‘(i) the total number of battle force ships 

9 required; 

10 ‘‘(ii) the number of battle force ships re11 quired in each of the categories described in 

12 paragraph (2); 

13 ‘‘(iii) the classes of battle ships included in 

14 each of the categories described in paragraph 

15 (2); and 

16 ‘‘(iv) the number of battle force ships re17 quired in each such class. 

18 ‘‘(2) The categories described in this paragraph are 

19 the following: 

20 ‘‘(A) Aircraft carriers. 

21 ‘‘(B) Large surface combatants. 

22 ‘‘(C) Small surface combatants. 

23 ‘‘(D) Amphibious warfare ships. 

24 ‘‘(E) Attack submarines. 

25 ‘‘(F) Ballistic missile submarines. 


Pbinns on DSKJLVW7X2PROD with BILLS
465 

•S 2792 RS

1 ‘‘(G) Combat logistics force. 

2 ‘‘(H) Expeditionary fast transport. 

3 ‘‘(I) Expeditionary support base. 

4 ‘‘(J) Command and support. 

5 ‘‘(K) Other. 

6 ‘‘(d) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘battle force ship’ means the fol8 lowing: 

9 ‘‘(A) A commissioned United States Ship 

10 warship capable of contributing to combat oper11 ations. 

12 ‘‘(B) A United States Naval Ship that con13 tributes directly to Navy warfighting or support 

14 missions. 

15 ‘‘(2) The term ‘covered event’ means a signifi16 cant change to any of the following: 

17 ‘‘(A) Strategic guidance that results in 

18 changes to theater campaign plans or 

19 warfighting scenarios. 

20 ‘‘(B) Strategic construction of vessels or 

21 aircraft that affects sustainable peacetime pres22 ence or warfighting response timelines. 

23 ‘‘(C) Operating concepts, including employ24 ment cycles, crewing constructs, or operational 


Pbinns on DSKJLVW7X2PROD with BILLS
466 

•S 2792 RS

1 tempo limits, that affect peacetime presence or 

2 warfighting response timelines. 

3 ‘‘(D) Assigned missions that affect the 

4 type or quantity of force elements.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of chapter 863 of such title is amended 

7 by striking the item relating to the second section 8692 

8 and inserting the following new items: 

‘‘8693. Biennial report on shipbuilder training and the defense industrial base. 

‘‘8694. Navy battle force ship assessment and requirement reporting.’’. 

9 (c) BASELINE ASSESSMENT AND REQUIREMENT RE10 QUIRED.—The date that is 180 days after the date of the 

11 enactment of this Act is deemed to be a covered event for 

12 the purposes of establishing a baseline battle force ship 

13 assessment and requirement under section 8694 of title 

14 10, United States Code, as added by subsection (a). 

15 Subtitle D—Counterterrorism 

16 SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS 

17 FOR TRANSFER OR RELEASE OF INDIVID18 UALS DETAINED AT UNITED STATES NAVAL 

19 STATION, GUANTANAMO BAY, CUBA, TO THE 

20 UNITED STATES. 

21 Section 1033 of the John S. McCain National De22 fense Authorization Act for Fiscal Year 2019 (Public Law 

23 115–232; 132 Stat. 1953), as most recently amended by 

24 section 1041 of the William M. (Mac) Thornberry NaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
467 

•S 2792 RS

1 tional Defense Authorization Act for Fiscal Year 2021 

2 (Public Law 116–283), is further amended by striking 

3 ‘‘December 31, 2021’’ and inserting ‘‘December 31, 

4 2022’’. 

5 SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS 

6 TO CONSTRUCT OR MODIFY FACILITIES IN 

7 THE UNITED STATES TO HOUSE DETAINEES 

8 TRANSFERRED FROM UNITED STATES NAVAL 

9 STATION, GUANTANAMO BAY, CUBA. 

10 Section 1034(a) of the John S. McCain National De11 fense Authorization Act for Fiscal Year 2019 (Public Law 

12 115–232; 132 Stat. 1954), as most recently amended by 

13 section 1042 of the William M. (Mac) Thornberry Na14 tional Defense Authorization Act for Fiscal Year 2021 

15 (Public Law 116–283), is further amended by striking 

16 ‘‘December 31, 2021’’ and inserting ‘‘December 31, 

17 2022’’. 

18 SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS 

19 FOR TRANSFER OR RELEASE OF INDIVID20 UALS DETAINED AT UNITED STATES NAVAL 

21 STATION, GUANTANAMO BAY, CUBA, TO CER22 TAIN COUNTRIES. 

23 Section 1035 of the John S. McCain National De24 fense Authorization Act for Fiscal Year 2019 (Public Law 

25 115–232; 132 Stat. 1954), as most recently amended by 


Pbinns on DSKJLVW7X2PROD with BILLS
468 

•S 2792 RS

1 section 1043 of the William M. (Mac) Thornberry Na2 tional Defense Authorization Act for Fiscal Year 2021 

3 (Public Law 116–283), is further amended by striking 

4 ‘‘December 31, 2021’’ and inserting ‘‘December 31, 

5 2022’’. 

6 SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS 

7 TO CLOSE OR RELINQUISH CONTROL OF 

8 UNITED STATES NAVAL STATION, GUANTA9 NAMO BAY, CUBA. 

10 Section 1036 of the National Defense Authorization 

11 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 

12 1551), as most recently amended by section 1044 of the 

13 William M. (Mac) Thornberry National Defense Author14 ization Act for Fiscal Year 2021 (Public Law 116–283), 

15 is further amended by striking ‘‘fiscal years 2018 through 

16 2021’’ and inserting ‘‘any of fiscal years 2018 through 

17 2022’’. 

18 SEC. 1035. REPORT ON MEDICAL CARE PROVIDED TO DE19 TAINEES AT UNITED STATES NAVAL STATION, 

20 GUANTANAMO BAY, CUBA. 

21 (a) REPORT.—Not later than 120 days after the date 

22 of the enactment of this Act, the Chief Medical Officer 

23 of United States Naval Station, Guantanamo Bay (in this 

24 section referred to as the ‘‘Chief Medical Officer’’), shall 

25 submit to the Committees on Armed Services of the SenVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
469 

•S 2792 RS

1 ate and the House of Representatives a report on the pro2 vision of medical care to individuals detained at Guanta3 namo. 

4 (b) ELEMENTS.—The report required by subsection 

5 (a) shall include the following: 

6 (1) An assessment of the quality of medical 

7 care provided to individuals detained at Guanta8 namo, including whether such care meets applicable 

9 standards of care. 

10 (2) A description of the medical facilities and 

11 resources at United States Naval Station, Guanta12 namo Bay, Cuba, available to individuals detained at 

13 Guantanamo. 

14 (3) A description of the medical facilities and 

15 resources not at United States Naval Station, Guan16 tanamo Bay, that would be made available to indi17 viduals detained at Guantanamo as necessary to 

18 meet applicable standards of care. 

19 (4) A description of the range of medical condi20 tions experienced by individuals detained at Guanta21 namo as of the date on which the report is sub22 mitted. 

23 (5) A description of the range of medical condi24 tions likely to be experienced by individuals detained 

25 at Guantanamo, given the medical conditions of such 


Pbinns on DSKJLVW7X2PROD with BILLS
470 

•S 2792 RS

1 individuals as of the date on which the report is sub2 mitted and the likely effects of aging. 

3 (6) An assessment of any gaps between— 

4 (A) the medical facilities and resources de5 scribed in paragraphs (2) and (3); and 

6 (B) the medical facilities and resources re7 quired to provide medical care necessary to 

8 meet applicable standards of care for the med9 ical conditions described in paragraphs (4) and 

10 (5). 

11 (7) The plan of the Chief Medical Officer to ad12 dress the gaps described in paragraph (6), including 

13 the estimated costs associated with addressing such 

14 gaps. 

15 (8) An assessment of whether the Chief Medical 

16 Officer has secured from the Department of Defense 

17 access to individuals, information, or other assist18 ance that the Chief Medical Officer considers nec19 essary to enable the Chief Medical Officer to carry 

20 out the Chief Medical Officer’s duties, including full 

21 and expeditious access to the following: 

22 (A) Any individual detained at Guanta23 namo. 

24 (B) Any medical records of any individual 

25 detained at Guantanamo. 


Pbinns on DSKJLVW7X2PROD with BILLS
471 

•S 2792 RS

1 (C) Medical professionals of the Depart2 ment who are working, or have worked, at 

3 United States Naval Station, Guantanamo Bay. 

4 (c) FORM OF REPORT.—The report required by sub5 section (a) shall be submitted in classified form. 

6 (d) DEFINITIONS.—In this section, the terms ‘‘indi7 vidual detained at Guantanamo’’, ‘‘medical care’’, and 

8 ‘‘standard of care’’ have the meanings given those terms 

9 in section 1046(e) of the National Defense Authorization 

10 Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 

11 1586; 10 U.S.C. 801 note). 

12 Subtitle E—Miscellaneous 

13 Authorities and Limitations 

14 SEC. 1041. NOTIFICATION OF SIGNIFICANT ARMY FORCE 

15 STRUCTURE CHANGES. 

16 (a) NOTICE REQUIREMENTS.—No irrevocable action 

17 may be taken to implement a significant change to Army 

18 force structure, including the temporary establishment or 

19 stationing of a new or experimental unit of significance, 

20 or to announce such a change, until the Secretary of De21 fense or the Secretary of the Army submits to the congres22 sional defense committees written notification of the plan, 

23 including— 

24 (1) details and timing of the planned change; 

25 (2) justification for the planned change; and 


Pbinns on DSKJLVW7X2PROD with BILLS
472 

•S 2792 RS

1 (3) the estimated costs and implications of the 

2 planned change. 

3 (b) EXCEPTION.—The notification requirement under 

4 subsection (a) does not apply if the Secretary of Defense 

5 certifies to the congressional defense committees in ad6 vance that the planned Army force structure change must 

7 be implemented immediately for reasons of national secu8 rity or military emergency. 

9 (c) DEFINITION.—In this section, the term ‘‘signifi10 cant change to Army force structure’’ means— 

11 (1) a change in the number, type, or component 

12 of brigade-level organizations or higher-echelon 

13 headquarters; 

14 (2) a change in the number or component of a 

15 high-interest capability such as THAAD or 

16 hypersonic weapon battery; or 

17 (3) an increase or decrease of 1,000 or more 

18 military and or civilian personnel from a military 

19 function or specialty. 

20 SEC. 1042. EXTENSION OF ADMISSION TO GUAM OR THE 

21 COMMONWEALTH OF THE NORTHERN MAR22 IANA ISLANDS FOR CERTAIN NONIMMIGRANT 

23 H–2B WORKERS. 

24 Section 6(b)(1)(B) of the Joint Resolution entitled 

25 ‘‘A Joint Resolution to approve the ‘Covenant to Establish 


Pbinns on DSKJLVW7X2PROD with BILLS
473 

•S 2792 RS

1 a Commonwealth of the Northern Mariana Islands in Po2 litical Union with the United States of America’, and for 

3 other purposes’’, approved March 24, 1976 (48 U.S.C. 

4 1806(b)(1)(B)), is amended by striking ‘‘December 31, 

5 2023’’ and inserting ‘‘December 31, 2029’’. 

6 Subtitle F—Studies and Reports 

7 SEC. 1051. REPORT ON IMPLEMENTATION OF IRREGULAR 

8 WARFARE STRATEGY. 

9 (a) REPORT.—Not later than 180 days after the date 

10 of enactment of this Act, and annually thereafter through 

11 fiscal year 2027, the Secretary of Defense shall submit 

12 to the congressional defense committees a report on the 

13 activities and programs of the Department of Defense to 

14 implement the irregular warfare strategy consistent with 

15 the 2019 Annex to the National Defense Strategy. 

16 (b) ELEMENTS OF REPORT.—The report required by 

17 section (a) shall include the following elements: 

18 (1) A description and assessment of efforts to 

19 institutionalize the approach of the Department of 

20 Defense to irregular warfare and maintain a baseline 

21 of capabilities and expertise in irregular warfare in 

22 both conventional and special operations forces, in23 cluding efforts to— 

24 (A) institutionalize irregular warfare in 

25 force development and design; 


Pbinns on DSKJLVW7X2PROD with BILLS
474 

•S 2792 RS

1 (B) transform the approach of the Depart2 ment of Defense to prioritize investments in 

3 and development of human capital for irregular 

4 warfare; 

5 (C) ensure an approach to irregular war6 fare that is agile, efficient, and effective by in7 vesting in and developing capabilities in a cost8 informed and resource-sustainable manner; and 

9 (D) integrate irregular warfare approaches 

10 into operational plans and warfighting concepts 

11 for competition, crisis, and conflict. 

12 (2) A description and assessment of efforts to 

13 operationalize the approach of the Department of 

14 Defense to irregular warfare to meet the full range 

15 of challenges posed by adversaries and competitors, 

16 including efforts to— 

17 (A) execute proactive, enduring campaigns 

18 using irregular warfare capabilities to control 

19 the tempo of competition, shape the environ20 ment, and increase the cost of hostilities 

21 against the United States and its allies; 

22 (B) adopt a resource-sustainable approach 

23 to countering violent extremist organizations 

24 and consolidating gains against the enduring 

25 threat from these organizations; 


Pbinns on DSKJLVW7X2PROD with BILLS
475 

•S 2792 RS

1 (C) improve the ability of the Department 

2 of Defense to understand and operate within 

3 the networked, contested, and multi-domain en4 vironment in which adversaries and competitors 

5 operate; 

6 (D) foster and sustain unified action in ir7 regular warfare including through collaboration 

8 and support of interagency partners in the for9 mulation of assessments, plans, and the conduct 

10 of operations; and 

11 (E) expand networks of allies and part12 ners, including for the purpose of increasing the 

13 ability and willingness of allies and partners to 

14 defend their sovereignty, contribute to coalition 

15 operations, and advance common security initia16 tives. 

17 (3) A description of the status of the plan, to 

18 be produced by the Assistant Secretary of Defense 

19 for Special Operations and Low-Intensity Conflict 

20 and the Chairman of the Joint Chiefs of Staff, in co21 ordination with the Combatant Commands and Serv22 ices, to implement the objectives described in the 

23 2019 Irregular Warfare Annex to the National De24 fense Strategy, and a description of efforts by the 

25 Components of the Department of Defense to expeVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
476 

•S 2792 RS

1 ditiously implement this plan, including the alloca2 tion of resources to implement the plan. 

3 (4) An assessment by the Secretary of Defense 

4 of the resources, plans, and authorities required to 

5 establish and sustain irregular warfare as a fully-in6 tegrated core competency for the Joint Forces. 

7 (c) FORM.—The report required by section (a) shall 

8 be submitted in unclassified form, but may include a clas9 sified annex. 

10 SEC. 1052. OPTIMIZATION OF IRREGULAR WARFARE TECH11 NICAL SUPPORT DIRECTORATE. 

12 (a) PLAN REQUIRED.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the date of the enactment of this Act, the Assistant 

15 Secretary of Defense for Special Operations and 

16 Low Intensity Conflict shall submit to the congres17 sional defense committees a plan for improving the 

18 support provided by the Irregular Warfare Technical 

19 Support Directorate to meet military requirements. 

20 (2) ELEMENTS.—The report required by para21 graph (1) shall include the following: 

22 (A) Specific actions to— 

23 (i) ensure adequate focus on rapid 

24 fielding of required capabilities; 


Pbinns on DSKJLVW7X2PROD with BILLS
477 

•S 2792 RS

1 (ii) improve metrics and methods for 

2 tracking projects that have transitioned 

3 into programs of record; and 

4 (iii) minimize overlap with other re5 search, development, and acquisition ef6 forts. 

7 (B) Such other matters as the Assistant 

8 Secretary of Defense for Special Operations and 

9 Low Intensity Conflict considers relevant. 

10 (b) DEPARTMENT OF DEFENSE INSTRUCTION RE11 QUIRED.—Not later than 270 days after the date of the 

12 enactment of this Act, the Assistant Secretary of Defense 

13 for Special Operations and Low Intensity Conflict, in co14 ordination with the Under Secretary of Defense for Re15 search and Engineering, the Under Secretary of Defense 

16 for Acquisition and Sustainment, and the Secretaries of 

17 the military departments, shall publish an updated De18 partment of Defense Instruction in order to— 

19 (1) define the objectives, organization, mission, 

20 customer base, and role of the Irregular Warfare 

21 Technical Support Directorate; 

22 (2) ensure coordination with external program 

23 managers assigned to the military departments and 

24 the United States Special Operations Command; 


Pbinns on DSKJLVW7X2PROD with BILLS
478 

•S 2792 RS

1 (3) facilitate adequate oversight by the Assist2 ant Secretary of Defense for Special Operations and 

3 Low Intensity Conflict, the Under Secretary of De4 fense for Research and Engineering, and the Under 

5 Secretary of Defense for Acquisition and 

6 Sustainment; and 

7 (4) address such other matters as the the As8 sistant Secretary of Defense for Special Operations 

9 and Low Intensity Conflict considers relevant. 

10 SEC. 1053. QUARTERLY BRIEFINGS ON ANOMALOUS 

11 HEALTH INCIDENTS. 

12 (a) BRIEFINGS REQUIRED.—Not later than 90 days 

13 after the date of the enactment of this Act, and every 90 

14 days thereafter for two years, the Secretary of Defense 

15 shall brief the congressional defense committees on efforts 

16 of the Department of Defense to address anomalous 

17 health incidents. 

18 (b) ELEMENTS.—Each briefing required by sub19 section (a) shall include the following: 

20 (1) An explanation of efforts of the Department 

21 to investigate, attribute, and mitigate the cause of 

22 anomalous health incidents, including any additional 

23 resources or authorities necessary to enhance such 

24 efforts. 


Pbinns on DSKJLVW7X2PROD with BILLS
479 

•S 2792 RS

1 (2) A description of the process used to ensure 

2 timely assessment and treatment of United States 

3 Government personnel who have suffered from an 

4 anomalous health incident, including any additional 

5 resources or authorities necessary to ensure ade6 quate care for such personnel and their families. 

7 (3) An articulation of efforts— 

8 (A) to improve training of personnel most 

9 at risk of experiencing anomalous health inci10 dents; and 

11 (B) to encourage reporting of such inci12 dents when they occur. 

13 (4) Such other matters as the Secretary con14 siders relevant. 

15 Subtitle G—Other Matters 

16 SEC. 1061. COMMISSION ON THE NATIONAL DEFENSE 

17 STRATEGY. 

18 (a) ESTABLISHMENT.— 

19 (1) IN GENERAL.—There is hereby established, 

20 as of the date specified in paragraph (2), an inde21 pendent commission in the legislative branch to be 

22 known as the Commission on the National Defense 

23 Strategy for the United States (in this subtitle re24 ferred to as the ‘‘Commission’’). 


Pbinns on DSKJLVW7X2PROD with BILLS
480 

•S 2792 RS

1 (2) DATE OF ESTABLISHMENT.—The date of 

2 establishment referred to in paragraph (1) is the 

3 date that is not later than 30 days after the date on 

4 which the Secretary of Defense provides a national 

5 defense strategy as required by section 113(g) of 

6 title 10, United States Code. 

7 (b) MEMBERSHIP.— 

8 (1) NUMBER AND APPOINTMENT.—The Com9 mission shall be composed of 12 members from pri10 vate civilian life who are recognized experts in mat11 ters relating to the national security of the United 

12 States. The members shall be appointed as follows: 

13 (A) The Chair of the Committee on Armed 

14 Services of the Senate shall appoint 3 members. 

15 (B) The Ranking Member of the Com16 mittee on Armed Services of the Senate shall 

17 appoint 3 members. 

18 (C) The Chair of the Committee on Armed 

19 Services of the House of Representatives shall 

20 appoint 3 members. 

21 (D) The Ranking Member of the Com22 mittee on Armed Services of the House of Rep23 resentatives shall appoint 3 members. 

24 (2) DEADLINE FOR APPOINTMENT.—Members 

25 shall be appointed to the Commission under paraVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
481 

•S 2792 RS

1 graph (1) not later than 45 days after the Commis2 sion establishment date specified under subsection 

3 (a)(2). 

4 (3) EFFECT OF LACK OF APPOINTMENT BY AP5 POINTMENT DATE.—If one or more appointments 

6 under paragraph (1) is not made by the appoint7 ment date specified in paragraph (2), the authority 

8 to make such appointment or appointments shall ex9 pire, and the number of members of the Commission 

10 shall be reduced by the number equal to the number 

11 of appointments so not made. 

12 (c) CHAIR AND VICE CHAIR.— 

13 (1) CHAIR.—The Chair of the Committee on 

14 Armed Services of the Senate and the Chair of the 

15 Committee on Armed Services of the House of Rep16 resentatives shall jointly designate 1 member of the 

17 Commission to serve as Chair of the Commission. 

18 (2) VICE CHAIR.—The Ranking Member of the 

19 Committee on Armed Services of the Senate and the 

20 Ranking Member of the Committee on Armed Serv21 ices of the House of Representatives shall jointly 

22 designate 1 member of the Commission to serve as 

23 Vice Chair of the Commission. 

24 (d) PERIOD OF APPOINTMENT AND VACANCIES.— 

25 Members shall be appointed for the life of the Commission. 


Pbinns on DSKJLVW7X2PROD with BILLS
482 

•S 2792 RS

1 A vacancy in the Commission shall not affect its powers, 

2 and shall be filled in the same manner as the original ap3 pointment was made. 

4 (e) PURPOSE.—The purpose of the Commission is to 

5 examine and make recommendations with respect to the 

6 national defense strategy for the United States. 

7 (f) SCOPE AND DUTIES.—In order to provide the full8 est understanding of the matters required under sub9 section (e), the Commission shall perform the following 

10 duties: 

11 (1) NATIONAL DEFENSE STRATEGY REVIEW.— 

12 The Commission shall review the most recent na13 tional defense strategy of the United States includ14 ing the assumptions, strategic objectives, priority 

15 missions, major investments in defense capabilities, 

16 force posture and structure, operational concepts, 

17 and strategic and military risks associated with the 

18 strategy. 

19 (2) ASSESSMENT.—The Commission shall con20 duct a comprehensive assessment of the strategic en21 vironment to include the threats to the national se22 curity of the United States, including both tradi23 tional and non-traditional threats, the size and 

24 shape of the force, the readiness of the force, the 

25 posture, structure, and capabilities of the force, alloVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
483 

•S 2792 RS

1 cation of resources, and the strategic and military 

2 risks in order to provide recommendations on the 

3 national defense strategy for the United States. 

4 (g) COMMISSION REPORT AND RECOMMENDA5 TIONS.— 

6 (1) REPORT.—Not later than one year after the 

7 Commission establishment date specified under sub8 section (a)(2), the Commission shall transmit to the 

9 President and Congress a report containing the re10 view and assessment conducted under subsection (f), 

11 together with any recommendations of the Commis12 sion. The report shall include the following elements: 

13 (A) An appraisal of the strategic environ14 ment, including an examination of the tradi15 tional and non-traditional threats to the United 

16 States, and the potential for conflicts arising 

17 from such threats and security challenges. 

18 (B) An evaluation of the strategic objec19 tives of the Department of Defense for near20 peer competition in support of the national se21 curity interests of the United States. 

22 (C) A review of the military missions for 

23 which the Department of Defense should pre24 pare, including missions that support the inter25 agency and a whole-of-government strategy. 


Pbinns on DSKJLVW7X2PROD with BILLS
484 

•S 2792 RS

1 (D) Identification of any gaps or 

2 redundancies in the roles and missions assigned 

3 to the Armed Forces necessary to carry out 

4 military missions identified in subparagraph 

5 (C), as well as the roles and capabilities pro6 vided by other Federal agencies and by allies 

7 and international partners. 

8 (E) An assessment of how the national de9 fense strategy leverages other elements of na10 tional power across the interagency to counter 

11 near-peer competitors. 

12 (F) An evaluation of the resources nec13 essary to support the strategy, including budget 

14 recommendations. 

15 (G) An examination of the Department’s 

16 efforts to develop new and innovative oper17 ational concepts to enable the United States to 

18 more effectively counter near-peer competitors. 

19 (H) An analysis of the force planning con20 struct, including— 

21 (i) the size and shape of the force; 

22 (ii) the posture, structure, and capa23 bilities of the force; 

24 (iii) the readiness of the force; 


Pbinns on DSKJLVW7X2PROD with BILLS
485 

•S 2792 RS

1 (iv) infrastructure and organizational 

2 adjustments to the force; 

3 (v) modifications to personnel require4 ments, including professional military edu5 cation; and 

6 (vi) other elements of the defense pro7 gram necessary to support the strategy. 

8 (I) An assessment of the risks associated 

9 with the strategy, including the relationships 

10 and tradeoffs between missions, risks, and re11 sources. 

12 (J) Any other elements the Commission 

13 considers appropriate. 

14 (2) INTERIM BRIEFINGS.— 

15 (A) Not later than 180 days after the 

16 Commission establishment date specified in sub17 section (a)(2), the Commission shall provide to 

18 the Committees on Armed Services of the Sen19 ate and the House of Representatives a briefing 

20 on the status of its review and assessment to 

21 include a discussion of any interim rec22 ommendations. 

23 (B) At the request of the Chair and Rank24 ing Member of the Committee on Armed Serv25 ices of the Senate, or the Chair and Ranking 


Pbinns on DSKJLVW7X2PROD with BILLS
486 

•S 2792 RS

1 Member of the Committee on Armed Services of 

2 the House of Representatives, the Commission 

3 shall provide the requesting Committee with in4 terim briefings in addition to the briefing re5 quired by subparagraph (2)(A). 

6 (3) FORM.—The report submitted to Congress 

7 under paragraph (1) of this subsection shall be sub8 mitted in unclassified form, but may include a classi9 fied annex. 

10 (h) GOVERNMENT COOPERATION.— 

11 (1) COOPERATION.—In carrying out its duties, 

12 the Commission shall receive the full and timely co13 operation of the Secretary of Defense in providing 

14 the Commission with analysis, briefings, and other 

15 information necessary for the fulfillment of its re16 sponsibilities. 

17 (2) LIAISON.—The Secretary shall designate at 

18 least 1 officer or employee of the Department of De19 fense to serve as a liaison officer between the De20 partment and the Commission. 

21 (3) DETAILEES AUTHORIZED.—The Secretary 

22 may provide, and the commission may accept and 

23 employ, personnel detailed from the Department of 

24 Defense, without reimbursement. 

25 (4) FACILITATION.— 


Pbinns on DSKJLVW7X2PROD with BILLS
487 

•S 2792 RS

1 (A) INDEPENDENT, NON-GOVERNMENT IN2 STITUTE.—Not later than 45 days after the 

3 Commission establishment date specified in sub4 paragraph (a)(2), the Secretary of Defense 

5 shall make available to the Commission the 

6 services of an independent, non-governmental 

7 institute described in section 501(c)(3) of the 

8 Internal Revenue Code of 1986, and exempt 

9 from tax under section 501(a) of such Code, 

10 that has recognized credentials and expertise in 

11 national security and military affairs in order to 

12 facilitate the Commission’s discharge of its du13 ties under this section. 

14 (B) FEDERALLY FUNDED RESEARCH AND

15 DEVELOPMENT CENTER.—On request of the 

16 Commission, the Secretary of Defense shall 

17 make available the services of a federally fund18 ed research and development center that is cov19 ered by a sponsoring agreement of the Depart20 ment of Defense in order to enhance the Com21 mission’s efforts to discharge its duties under 

22 this section. 

23 (5) EXPEDITION OF SECURITY CLEARANCES.— 

24 The Office of Senate Security and the Office of 

25 House Security shall ensure the expedited processing 


Pbinns on DSKJLVW7X2PROD with BILLS
488 

•S 2792 RS

1 of appropriate security clearances for personnel ap2 pointed to the commission by their respective Senate 

3 and House offices under processes developed for the 

4 clearance of legislative branch employees. 

5 (i) STAFF.— 

6 (1) STATUS AS FEDERAL EMPLOYEES.—Not7 withstanding the requirements of section 2105 of 

8 title 5, United States Code, including the required 

9 supervision under subsection (a)(3) of such section, 

10 the members of the commission shall be deemed to 

11 be Federal employees. 

12 (2) EXECUTIVE DIRECTOR.—The Commission 

13 shall appoint and fix the rate of basic pay for an Ex14 ecutive Director in accordance with section 3161(d) 

15 of title 5, United States Code. 

16 (3) PAY.—The Executive Director, with the ap17 proval of the Commission, may appoint and fix the 

18 rate of basic pay for additional personnel as staff of 

19 the Commission in accordance with section 3161(d) 

20 of title 5, United States Code. 

21 (j) PERSONAL SERVICES.— 

22 (1) AUTHORITY TO PROCURE.—The Commis23 sion may— 

24 (A) procure the services of experts or con25 sultants (or of organizations of experts or conVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
489 

•S 2792 RS

1 sultants) in accordance with the provisions of 

2 section 3109 of title 5, United States Code; and 

3 (B) pay in connection with such services 

4 travel expenses of individuals, including trans5 portation and per diem in lieu of subsistence, 

6 while such individuals are traveling from their 

7 homes or places of business to duty stations. 

8 (2) MAXIMUM DAILY PAY RATES.—The daily 

9 rate paid an expert or consultant procured pursuant 

10 to paragraph (1) may not exceed the daily rate paid 

11 a person occupying a position at level IV of the Ex12 ecutive Schedule under section 5315 of title 5, 

13 United States Code. 

14 (k) AUTHORITY TO ACCEPT GIFTS.—The Commis15 sion may accept, use, and dispose of gifts or donations 

16 of services, goods, and property from non-Federal entities 

17 for the purposes of aiding and facilitating the work of the 

18 Commission. The authority in this subsection does not ex19 tend to gifts of money. Gifts accepted under this authority 

20 shall be documented, and conflicts of interest or the ap21 pearance of conflicts of interest shall be avoided. Subject 

22 to the authority in this section, commissioners shall other23 wise comply with rules set forth by the Select Committee 

24 on Ethics of the United States Senate and the Committee 


Pbinns on DSKJLVW7X2PROD with BILLS
490 

•S 2792 RS

1 on Ethics of the House of Representatives governing Sen2 ate and House employees. 

3 (l) FUNDING.—Of the amounts authorized to be ap4 propriated by this act for fiscal year 2022 for the Depart5 ment of Defense, up to $5,000,000 shall be made available 

6 to the Commission to carry out its duties under this sub7 title. Funds made available to the Commission under the 

8 preceding sentence shall remain available until expended. 

9 (m) LEGISLATIVE ADVISORY COMMITTEE.—The 

10 Commission shall operate as a legislative advisory com11 mittee and shall not be subject to the provisions of the 

12 Federal Advisory Committee Act (Public Law 92–463; 5 

13 U.S.C. App) or section 552b, United States Code (com14 monly known as the Government in the Sunshine Act). 

15 (n) CONTRACTING AUTHORITY.—The Commission 

16 may acquire administrative supplies and equipment for 

17 Commission use to the extent funds are available. 

18 (o) USE OF GOVERNMENT INFORMATION.—The 

19 Commission may secure directly from any department or 

20 agency of the Federal Government such information as the 

21 Commission considers necessary to carry out its duties. 

22 Upon such request of the chair of the Commission, the 

23 head of such department or agency shall furnish such in24 formation to the Commission. 


Pbinns on DSKJLVW7X2PROD with BILLS
491 

•S 2792 RS

1 (p) POSTAL SERVICES.—The Commission may use 

2 the United States mail in the same manner and under the 

3 same conditions as departments and agencies of the 

4 United States. 

5 (q) SPACE FOR USE OF COMMISSION.—Not later 

6 than 30 days after the establishment date of the Commis7 sion, the Administrator of General Services, in consulta8 tion with the Commission, shall identify and make avail9 able suitable excess space within the Federal space inven10 tory to house the operations of the Commission. If the Ad11 ministrator is not able to make such suitable excess space 

12 available within such 30-day period, the Commission may 

13 lease space to the extent the funds are available. 

14 (r) REMOVAL OF MEMBERS.—A member may be re15 moved from the commission for cause by the individual 

16 serving in the position responsible for the original appoint17 ment of such member under subsection (b)(1), provided 

18 that notice has first been provided to such member of the 

19 cause for removal, voted and agreed upon by three quar20 ters of the members serving. A vacancy created by the re21 moval of a member under this section shall not affect the 

22 powers of the commission, and shall be filled in the same 

23 manner as the original appointment was made. 


Pbinns on DSKJLVW7X2PROD with BILLS
492 

•S 2792 RS

1 (s) TERMINATION.—The Commission shall terminate 

2 90 days after the date on which it submits the report re3 quired by subsection (g). 

4 SEC. 1062. ASSESSMENT OF REQUIREMENTS FOR AND MAN5 AGEMENT OF ARMY THREE-DIMENSIONAL 

6 TERRAIN DATA. 

7 (a) JOINT ASSESSMENTS AND DETERMINATIONS.— 

8 The Vice Chairman of the Joint Chiefs of Staff, the Under 

9 Secretary of Defense for Intelligence and Security, and the 

10 Secretary of the Army, in consultation with other appro11 priate Department of Defense officials, shall jointly— 

12 (1) assess joint force requirements for three-di13 mensional terrain data to achieve Combined Joint 

14 All-Domain Command and Control (CJADC2), in15 cluding the use of such data for Multi-Domain Oper16 ations’— 

17 (A) training; 

18 (B) planning; 

19 (C) mission rehearsal; 

20 (D) operations; 

21 (E) after action review; 

22 (F) intelligence, including geolocation sup23 port to intelligence collection systems; 

24 (G) targeting; and 

25 (H) modeling and simulation; 


Pbinns on DSKJLVW7X2PROD with BILLS
493 

•S 2792 RS

1 (2) determine whether One World Terrain 

2 three-dimensional geospatial data meets the accu3 racy, resolution, and currency required for precision 

4 targeting; and 

5 (3) determine the optimum management and 

6 joint funding structure for the collection, production, 

7 storage, and consumption of three-dimensional ter8 rain data, including consideration of— 

9 (A) designating the Army as the Executive 

10 Agent for warfighter collection, production and 

11 consumption of three-dimensional geospatial 

12 content at the point-of-need; and 

13 (B) designating the National Geospatial 

14 Intelligence Agency as Executive Agent for 

15 three-dimensional data validation and certifi16 cation, enterprise storage and retrieval, joint 

17 three-dimensional data functions, and 

18 foundational three-dimensional geospatial intel19 ligence; 

20 (C) establishing governance structures 

21 across the military departments and the Na22 tional Geospatial Intelligence Agency for the 

23 procurement and production of three-dimen24 sional terrain data from commercial sources; 

25 and 


Pbinns on DSKJLVW7X2PROD with BILLS
494 

•S 2792 RS

1 (D) establishing three-dimensional One 

2 World Terrain as a program of record. 

3 (b) ARMY MANAGEMENT CONSIDERATIONS.—If the 

4 Vice Chairman, the Under Secretary, and the Secretary 

5 of the Army determine that the Army should serve as the 

6 Executive Agent for Department of Defense three-dimen7 sional terrain data, the Secretary shall determine the re8 spective roles of the Army Acquisition Executive, including 

9 the Program Executive Officers for Simulation, Training, 

10 and Instrumentation and Intelligence, Electronic Warfare 

11 and Sensors, and the Army’s Geographic Information Of12 ficer and Geospatial Center (AGC). 

13 (c) ADDITIONAL ARMY DETERMINATIONS.—The Sec14 retary of the Army shall determine whether operational 

15 use of the Integrated Visual Augmentation System, and 

16 Army intelligence and mission command systems, require 

17 three-dimensional One World Terrain data for assigned 

18 operational missions, including targeting. 

19 (d) BRIEFING REQUIRED.—Not later than 180 days 

20 after the date of the enactment of this Act, the Vice Chair21 man, the Under Secretary, and the Secretary of the Army 

22 shall complete the assessments and determinations re23 quired by this section and provide a briefing to the con24 gressional defense committees on such assessments and 

25 determinations. 


Pbinns on DSKJLVW7X2PROD with BILLS
495 

•S 2792 RS

1 SEC. 1063. MODIFICATION TO REGIONAL CENTERS FOR SE2 CURITY STUDIES. 

3 (a) IN GENERAL.—Section 342(b)(2) of title 10, 

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

5 following new subparagraph: 

6 ‘‘(F) The Ted Stevens Center for Arctic 

7 Security Studies.’’. 

8 (b) ACCEPTANCE OF GIFTS AND DONATIONS.—Sec9 tion 2611(a)(2) of title 10, United States Code, is amend10 ed by adding at the end the following new subparagraph: 

11 ‘‘(F) The Ted Stevens Center for Arctic 

12 Security Studies.’’. 

13 TITLE XI—CIVILIAN PERSONNEL 

14 MATTERS 

15 SEC. 1101. CIVILIAN PERSONNEL MANAGEMENT. 

16 Section 129(a) of title 10, United States Code, is 

17 amended— 

18 (1) in the first sentence, by striking ‘‘primarily 

19 on the basis of and consistent with’’ and inserting 

20 ‘‘according to’’; and 

21 (2) by striking the second sentence. 

22 SEC. 1102. CONSIDERATION OF EMPLOYEE PERFORMANCE 

23 IN REDUCTIONS IN FORCE FOR CIVILIAN PO24 SITIONS IN THE DEPARTMENT OF DEFENSE. 

25 Section 1597(e) title 10, United States Code, is 

26 amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
496 

•S 2792 RS

1 (1) by striking the subsection heading and in2 serting ‘‘CONSIDERATION OF EMPLOYEE PERFORM3 ANCE IN REDUCTIONS’’; and 

4 (2) by striking ‘‘be made primarily on the basis 

5 of’’ and inserting ‘‘, among other factors as deter6 mined by the Secretary, account for employee’’. 

7 SEC. 1103. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF 

8 PERSONAL INTEREST REQUIREMENTS FOR 

9 DEPARTMENT OF DEFENSE OFFICERS AND 

10 EMPLOYEES. 

11 (a) IN GENERAL.—In addition to the prohibition set 

12 forth in section 208 of title 18, United States Code, an 

13 officer or employee of the Department of Defense may not 

14 participate personally and substantially in any covered 

15 matter that the officer or employee knows, or reasonably 

16 should know, is likely to have a direct and predictable ef17 fect on the financial interests of— 

18 (1) any organization, including a trade organi19 zation, for which the officer or employee has served 

20 as an employee, officer, director, trustee, or general 

21 partner in the past 4 years; 

22 (2) a former direct competitor or client of any 

23 organization for which the officer or employee has 

24 served as an employee, officer, director, trustee, or 

25 general partner in the past 4 years; or 


Pbinns on DSKJLVW7X2PROD with BILLS
497 

•S 2792 RS

1 (3) any employer with whom the officer or em2 ployee is seeking employment. 

3 (b) CONSTRUCTION.—Nothing in this section shall be 

4 construed to terminate, alter, or make inapplicable any 

5 other prohibition or limitation in law or regulation on the 

6 participation of officers or employees of the Department 

7 of Defense in covered matters having an effect on their 

8 or related financial or other personal interests. 

9 (c) COVERED MATTER DEFINED.—In this section, 

10 the term ‘‘covered matter’’— 

11 (1) means any matter that involves deliberation, 

12 decision, or action that is focused upon the interests 

13 of a specific person or a discrete and identifiable 

14 class of persons; and 

15 (2) includes policymaking that is narrowly fo16 cused on the interests of a discrete and identifiable 

17 class of persons. 

18 SEC. 1104. AUTHORITY TO EMPLOY CIVILIAN FACULTY 

19 MEMBERS AT THE DEFENSE INSTITUTE OF 

20 INTERNATIONAL LEGAL STUDIES. 

21 Section 1595(c) of title 10, United States Code, is 

22 amended by adding at the end the following new para23 graph: 

24 ‘‘(6) The Defense Institute of International 

25 Legal Studies.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
498 

•S 2792 RS

1 SEC. 1105. EXTENSION OF TEMPORARY INCREASE IN MAX2 IMUM AMOUNT OF VOLUNTARY SEPARATION 

3 INCENTIVE PAY AUTHORIZED FOR CIVILIAN 

4 EMPLOYEES OF THE DEPARTMENT OF DE5 FENSE. 

6 (a) IN GENERAL.—Section 1107 of the National De7 fense Authorization Act for Fiscal Year 2017 (5 U.S.C. 

8 9902 note) is amended by striking ‘‘September 30, 2021’’ 

9 and inserting ‘‘September 30, 2025’’. 

10 (b) BRIEFINGS.—Not later than December 31, 2023, 

11 and December 31, 2025, the Secretary of Defense shall 

12 provide a briefing to the Committee on Armed Services 

13 and the Committee on Homeland Security and Govern14 mental Affairs of the Senate and the Committee on Armed 

15 Services and the Committee on Oversight and Reform of 

16 the House of Representatives including— 

17 (1) a description of the effect of such section 

18 1107 (as amended by subsection (a)) on the man19 agement of the Department of Defense civilian work20 force during the most recently ended fiscal year; 

21 (2) the number of employees offered voluntary 

22 separation incentive payments during such fiscal 

23 year by operation of such section; and 

24 (3) the number of such employees that accepted 

25 such payments. 


Pbinns on DSKJLVW7X2PROD with BILLS
499 

•S 2792 RS

1 SEC. 1106. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR2 ITY TO GRANT ALLOWANCES, BENEFITS, AND 

3 GRATUITIES TO CIVILIAN PERSONNEL ON OF4 FICIAL DUTY IN A COMBAT ZONE. 

5 Paragraph (2) of section 1603(a) of the Emergency 

6 Supplemental Appropriations Act for Defense, the Global 

7 War on Terror, and Hurricane Recovery, 2006 (Public 

8 Law 109–234; 120 Stat. 443), as added by section 1102 

9 of the Duncan Hunter National Defense Authorization 

10 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

11 4616) and as most recently amended by section 1106 of 

12 the William M. (Mac) Thornberry National Defense Au13 thorization Act for Fiscal Year 2021 (Public Law 116– 

14 283), is further amended by striking ‘‘2022’’ and inserting 

15 ‘‘2023’’. 

16 SEC. 1107. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

17 ANNUAL LIMITATION ON PREMIUM PAY AND 

18 AGGREGATE LIMITATION ON PAY FOR FED19 ERAL CIVILIAN EMPLOYEES WORKING OVER20 SEAS. 

21 Subsection (a) of section 1101 of the Duncan Hunter 

22 National Defense Authorization Act for Fiscal Year 2009 

23 (Public Law 110–417; 122 Stat. 4615), as most recently 

24 amended by section 1105 of the William M. (Mac) Thorn25 berry National Defense Authorization Act for Fiscal Year 


Pbinns on DSKJLVW7X2PROD with BILLS
500 

•S 2792 RS

1 2021 (Public Law 116–283), is further amended by strik2 ing ‘‘through 2021’’ and inserting ‘‘through 2022’’. 

3 SEC. 1108. PILOT PROGRAM ON DIRECT HIRE AUTHORITY 

4 FOR SPOUSES OF MEMBERS OF THE UNI5 FORMED SERVICES AT LOCATIONS OUTSIDE 

6 THE UNITED STATES. 

7 (a) IN GENERAL.—The Secretary of Defense may 

8 carry out a pilot program to assess the feasibility and ad9 visability of using the authority under subsection (b) to 

10 hire spouses of members of the uniformed services at loca11 tions outside the United States. 

12 (b) AUTHORITY.—In carrying out the pilot program 

13 under this section, the Secretary may appoint, without re14 gard to the provisions of subchapter I of chapter 33 of 

15 title 5, United States Code (other than sections 3303 and 

16 3328 of such chapter), a spouse of a member of the uni17 formed services stationed at a duty location outside the 

18 United States to a position described in subsection (c) if— 

19 (1) the spouse has been authorized to accom20 pany the member to the duty location at Govern21 ment expense; and 

22 (2) the duty location is within reasonable com23 muting distance, as determined by the Secretary 

24 concerned, of the location of the position. 


Pbinns on DSKJLVW7X2PROD with BILLS
501 

•S 2792 RS

1 (c) POSITION DESCRIBED.—A position described in 

2 this subsection is a competitive service position within the 

3 Department of Defense that is located outside the United 

4 States. 

5 (d) TERM OF APPOINTMENT.— 

6 (1) IN GENERAL.—An appointment made under 

7 this section shall be for a term not exceeding two 

8 years. 

9 (2) RENEWAL.—The Secretary of Defense may 

10 renew an appointment made under this section for 

11 one additional term not exceeding two years. 

12 (3) TERMINATION.—An appointment made 

13 under this section shall terminate on the date on 

14 which the member of the uniformed services relo15 cates back to the United States in connection with 

16 a permanent change of station. 

17 (e) PAYMENT OF TRAVEL AND TRANSPORTATION AL18 LOWANCES.—Nothing in this section may be construed to 

19 authorize additional travel or transportation allowances in 

20 connection with an appointment made under this section. 

21 (f) RELATIONSHIP TO OTHER LAW.—Nothing in this 

22 section may be construed to interfere with— 

23 (1) the authority of the President under section 

24 3304 of title 5, United States Code; 


Pbinns on DSKJLVW7X2PROD with BILLS
502 

•S 2792 RS

1 (2) the authority of the President under section 

2 1784 of title 10, United States Code; 

3 (3) the ability of the head of an agency to make 

4 noncompetitive appointments pursuant to section 

5 3330d of title 5, United States Code; or 

6 (4) any obligation under any applicable treaty, 

7 status of forces agreement, or other international 

8 agreement between the United States Government 

9 and the government of the country in which the po10 sition is located. 

11 (g) REPORTS REQUIRED.— 

12 (1) IN GENERAL.—Not later than one year 

13 after the date of the enactment of this Act, and an14 nually thereafter, the Secretary of Defense shall sub15 mit to the appropriate committees of Congress a re16 port setting forth the following: 

17 (A) The number of individuals appointed 

18 under this section. 

19 (B) The position series and grade to which 

20 each individual described in subparagraph (A) 

21 was appointed. 

22 (C) Demographic data on the individuals 

23 described in subparagraph (A), including with 

24 respect to race, gender, age, and education level 

25 attained. 


Pbinns on DSKJLVW7X2PROD with BILLS
503 

•S 2792 RS

1 (D) Data on the members of the uniformed 

2 services whose spouses have been appointed 

3 under this section, including the rank of each 

4 such member. 

5 (E) Such recommendations for legislative 

6 or administrative action as the Secretary con7 siders appropriate relating to continuing or ex8 panding the pilot program. 

9 (2) FINAL REPORT.—Not later than December 

10 31, 2026, the Secretary shall submit to the appro11 priate committees of Congress a final report setting 

12 forth the information under paragraph (1). 

13 (h) TERMINATION.—The pilot program under this 

14 section shall terminate on December 31, 2026. 

15 (i) DEFINITIONS.—In this section: 

16 (1) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘‘appropriate committees of Con18 gress’’ means— 

19 (A) the Committee on Armed Services and 

20 the Committee on Homeland Security and Gov21 ernmental Affairs of the Senate; and 

22 (B) the Committee on Armed Services and 

23 the Committee on Oversight and Reform of the 

24 House of Representatives. 


Pbinns on DSKJLVW7X2PROD with BILLS
504 

•S 2792 RS

1 (2) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’— 

3 (A) has the meaning given the term in sec4 tion 101(a)(9) of title 10, United States Code; 

5 and 

6 (B) includes— 

7 (i) the Secretary of Commerce, with 

8 respect to matters concerning the commis9 sioned officer corps of the National Oce10 anic and Atmospheric Administration; and 

11 (ii) the Secretary of Health and 

12 Human Services, with respect to matters 

13 concerning the commissioned corps of the 

14 Public Health Service. 

15 (3) UNIFORMED SERVICES.—The term ‘‘uni16 formed services’’ has the meaning given the term in 

17 section 101(a)(5) of title 10, United States Code. 

18 (4) UNITED STATES.—The term ‘‘United 

19 States’’ has the meaning given that term in section 

20 101(a)(1) of title 10, United States Code. 

21 SEC. 1109. CIVILIAN CYBERSECURITY RESERVE PILOT 

22 PROJECT AT UNITED STATES CYBER COM23 MAND. 

24 (a) DEFINITIONS.—In this section: 


Pbinns on DSKJLVW7X2PROD with BILLS
505 

•S 2792 RS

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; 

6 (B) the Committee on Armed Services of 

7 the Senate; 

8 (C) the Committee on Homeland Security 

9 of the House of Representatives; and 

10 (D) the Committee on Armed Services of 

11 the House of Representatives. 

12 (2) COMMANDER.—The term ‘‘Commander’’ 

13 means the Commander of the United States Cyber 

14 Command. 

15 (3) COMPETITIVE SERVICE.—The term ‘‘com16 petitive service’’ has the meaning given the term in 

17 section 2102 of title 5, United States Code. 

18 (4) EXCEPTED SERVICE.—The term ‘‘excepted 

19 service’’ has the meaning given the term in section 

20 2103 of title 5, United States Code. 

21 (5) SIGNIFICANT INCIDENT.—The term ‘‘sig22 nificant incident’’— 

23 (A) means an incident or a group of re24 lated incidents that results, or is likely to re25 sult, in demonstrable harm to— 


Pbinns on DSKJLVW7X2PROD with BILLS
506 

•S 2792 RS

1 (i) the national security interests, for2 eign relations, or economy of the United 

3 States; or 

4 (ii) the public confidence, civil lib5 erties, or public health and safety of the 

6 people of the United States; and 

7 (B) does not include an incident or a por8 tion of a group of related incidents that occurs 

9 on— 

10 (i) a national security system, as de11 fined in section 3552 of title 44, United 

12 States Code; or 

13 (ii) an information system described 

14 in paragraph (2) or (3) of section 3553(e) 

15 of title 44, United States Code. 

16 (6) TEMPORARY POSITION.—The term ‘‘tem17 porary position’’ means a position in the competitive 

18 or excepted service for a period of 180 days or less. 

19 (7) UNIFORMED SERVICES.—The term ‘‘uni20 formed services’’ has the meaning given the term in 

21 section 2101 of title 5, United States Code. 

22 (b) PILOT PROJECT.— 

23 (1) IN GENERAL.—The Commander shall carry 

24 out a pilot project to establish a Civilian Cybersecu25 rity Reserve at the United States Cyber Command. 


Pbinns on DSKJLVW7X2PROD with BILLS
507 

•S 2792 RS

1 (2) PURPOSE.—The purpose of the Civilian Cy2 bersecurity Reserve is to enable the United States 

3 Cyber Command to effectively respond to significant 

4 incidents. 

5 (3) ALTERNATIVE METHODS.—Consistent with 

6 section 4703 of title 5, United States Code, in car7 rying out the pilot project required under paragraph 

8 (1), the Commander may, without further authoriza9 tion from the Office of Personnel Management, pro10 vide for alternative methods of— 

11 (A) establishing qualifications require12 ments for, recruitment of, and appointment to 

13 positions; and 

14 (B) classifying positions. 

15 (4) APPOINTMENTS.—Under the pilot project 

16 required under paragraph (1), upon occurrence of a 

17 significant incident, the Commander— 

18 (A) may activate members of the Civilian 

19 Cybersecurity Reserve by— 

20 (i) noncompetitively appointing mem21 bers of the Civilian Cybersecurity Reserve 

22 to temporary positions in the competitive 

23 service; or 


Pbinns on DSKJLVW7X2PROD with BILLS
508 

•S 2792 RS

1 (ii) appointing members of the Civil2 ian Cybersecurity Reserve to temporary po3 sitions in the excepted service; 

4 (B) shall notify Congress whenever a mem5 ber is activated under subparagraph (A); and 

6 (C) may appoint not more than 50 mem7 bers to the Civilian Cybersecurity Reserve 

8 under subparagraph (A) at any time. 

9 (5) STATUS AS EMPLOYEES.—An individual ap10 pointed under paragraph (4) shall be considered a 

11 Federal civil service employee under section 2105 of 

12 title 5, United States Code. 

13 (6) ADDITIONAL EMPLOYEES.—Individuals ap14 pointed under paragraph (4) shall be in addition to 

15 any employees of the United States Cyber Command 

16 who provide cybersecurity services. 

17 (7) EMPLOYMENT PROTECTIONS.—The Sec18 retary of Labor shall prescribe such regulations as 

19 necessary to ensure the reemployment, continuation 

20 of benefits, and non-discrimination in reemployment 

21 of individuals appointed under paragraph (4), pro22 vided that such regulations shall include, at a min23 imum, those rights and obligations set forth under 

24 chapter 43 of title 38, United States Code. 


Pbinns on DSKJLVW7X2PROD with BILLS
509 

•S 2792 RS

1 (8) STATUS IN RESERVE.—During the period 

2 beginning on the date on which an individual is re3 cruited by the United States Cyber Command to 

4 serve in the Civilian Cybersecurity Reserve and end5 ing on the date on which the individual is appointed 

6 under paragraph (4), and during any period in be7 tween any such appointments, the individual shall 

8 not be considered a Federal employee. 

9 (c) ELIGIBILITY; APPLICATION AND SELECTION.— 

10 (1) IN GENERAL.—Under the pilot project re11 quired under subsection (b)(1), the Commander 

12 shall establish criteria for— 

13 (A) individuals to be eligible for the Civil14 ian Cybersecurity Reserve; and 

15 (B) the application and selection processes 

16 for the Civilian Cybersecurity Reserve. 

17 (2) REQUIREMENTS FOR INDIVIDUALS.—The 

18 criteria established under paragraph (1)(A) with re19 spect to an individual shall include— 

20 (A) if the individual has previously served 

21 as a member of the Civilian Cybersecurity Re22 serve, that the previous appointment ended not 

23 less than 60 days before the individual may be 

24 appointed for a subsequent temporary position 

25 in the Civilian Cybersecurity Reserve; and 


Pbinns on DSKJLVW7X2PROD with BILLS
510 

•S 2792 RS

1 (B) cybersecurity expertise. 

2 (3) PRESCREENING.—The Commander shall— 

3 (A) conduct a prescreening of each indi4 vidual prior to appointment under subsection 

5 (b)(4) for any topic or product that would cre6 ate a conflict of interest; and 

7 (B) require each individual appointed 

8 under subsection (b)(4) to notify the Com9 mander if a potential conflict of interest arises 

10 during the appointment. 

11 (4) AGREEMENT REQUIRED.—An individual 

12 may become a member of the Civilian Cybersecurity 

13 Reserve only if the individual enters into an agree14 ment with the Commander to become such a mem15 ber, which shall set forth the rights and obligations 

16 of the individual and the United States Cyber Com17 mand. 

18 (5) EXCEPTION FOR CONTINUING MILITARY

19 SERVICE COMMITMENTS.—A member of the Selected 

20 Reserve under section 10143 of title 10, United 

21 States Code, may not be a member of the Civilian 

22 Cybersecurity Reserve. 

23 (6) PROHIBITION.—Any individual who is an 

24 employee of the executive branch may not be reVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
511 

•S 2792 RS

1 cruited or appointed to serve in the Civilian Cyberse2 curity Reserve. 

3 (d) SECURITY CLEARANCES.— 

4 (1) IN GENERAL.—The Commander shall en5 sure that all members of the Civilian Cybersecurity 

6 Reserve undergo the appropriate personnel vetting 

7 and adjudication commensurate with the duties of 

8 the position, including a determination of eligibility 

9 for access to classified information where a security 

10 clearance is necessary, according to applicable policy 

11 and authorities. 

12 (2) COST OF SPONSORING CLEARANCES.—If a 

13 member of the Civilian Cybersecurity Reserve re14 quires a security clearance in order to carry out the 

15 duties of the member, the United States Cyber Com16 mand shall be responsible for the cost of sponsoring 

17 the security clearance of the member. 

18 (e) STUDY AND IMPLEMENTATION PLAN.— 

19 (1) STUDY.—Not later than 60 days after the 

20 date of the enactment of this Act, the Commander 

21 shall begin a study on the design and implementa22 tion of the pilot project required under subsection 

23 (b)(1), including— 

24 (A) compensation and benefits for mem25 bers of the Civilian Cybersecurity Reserve; 


Pbinns on DSKJLVW7X2PROD with BILLS
512 

•S 2792 RS

1 (B) activities that members may undertake 

2 as part of their duties; 

3 (C) methods for identifying and recruiting 

4 members, including alternatives to traditional 

5 qualifications requirements; 

6 (D) methods for preventing conflicts of in7 terest or other ethical concerns as a result of 

8 participation in the pilot project and details of 

9 mitigation efforts to address any conflict of in10 terest concerns; 

11 (E) resources, including additional fund12 ing, needed to carry out the pilot project; 

13 (F) possible penalties for individuals who 

14 do not respond to activation when called, in ac15 cordance with the rights and procedures set 

16 forth under title 5, Code of Federal Regula17 tions; and 

18 (G) processes and requirements for train19 ing and onboarding members. 

20 (2) IMPLEMENTATION PLAN.—Not later than 

21 one year after beginning the study required under 

22 paragraph (1), the Commander shall— 

23 (A) submit to the appropriate congres24 sional committees an implementation plan for 


Pbinns on DSKJLVW7X2PROD with BILLS
513 

•S 2792 RS

1 the pilot project required under subsection 

2 (b)(1); and 

3 (B) provide to the appropriate congres4 sional committees a briefing on the implementa5 tion plan. 

6 (3) PROHIBITION.—The Commander may not 

7 take any action to begin implementation of the pilot 

8 project required under subsection (b)(1) until the 

9 Commander fulfills the requirements under para10 graph (2). 

11 (f) PROJECT GUIDANCE.—Not later than two years 

12 after the date of the enactment of this Act, the Com13 mander shall, in consultation with the Office of Personnel 

14 Management and the Office of Government Ethics, issue 

15 guidance establishing and implementing the pilot project 

16 required under subsection (b)(1). 

17 (g) BRIEFINGS AND REPORT.— 

18 (1) BRIEFINGS.—Not later than one year after 

19 the date of the enactment of this Act, and every year 

20 thereafter until the date on which the pilot project 

21 required under subsection (b)(1) terminates under 

22 subsection (i), the Commander shall provide to the 

23 appropriate congressional committees a briefing on 

24 activities carried out under the pilot project, includ25 ing— 


Pbinns on DSKJLVW7X2PROD with BILLS
514 

•S 2792 RS

1 (A) participation in the Civilian Cybersecu2 rity Reserve, including the number of partici3 pants, the diversity of participants, and any 

4 barriers to recruitment or retention of mem5 bers; 

6 (B) an evaluation of the ethical require7 ments of the pilot project; 

8 (C) whether the Civilian Cybersecurity Re9 serve has been effective in providing additional 

10 capacity to the United States Cyber Command 

11 during significant incidents; and 

12 (D) an evaluation of the eligibility require13 ments for the pilot project. 

14 (2) REPORT.—Not earlier than 180 days and 

15 not later than 90 days before the date on which the 

16 pilot project required under subsection (b)(1) termi17 nates under subsection (i), the Commander shall 

18 submit to the appropriate congressional committees 

19 a report and provide a briefing on recommendations 

20 relating to the pilot project, including recommenda21 tions for— 

22 (A) whether the pilot project should be 

23 modified, extended in duration, or established 

24 as a permanent program, and if so, an appro25 priate scope for the program; 


Pbinns on DSKJLVW7X2PROD with BILLS
515 

•S 2792 RS

1 (B) how to attract participants, ensure a 

2 diversity of participants, and address any bar3 riers to recruitment or retention of members of 

4 the Civilian Cybersecurity Reserve; 

5 (C) the ethical requirements of the pilot 

6 project and the effectiveness of mitigation ef7 forts to address any conflict of interest con8 cerns; and 

9 (D) an evaluation of the eligibility require10 ments for the pilot project. 

11 (h) EVALUATION.—Not later than three years after 

12 the pilot project required under subsection (b)(1) is estab13 lished, the Comptroller General of the United States 

14 shall— 

15 (1) conduct a study evaluating the pilot project; 

16 and 

17 (2) submit to Congress— 

18 (A) a report on the results of the study; 

19 and 

20 (B) a recommendation with respect to 

21 whether the pilot project should be modified. 

22 (i) SUNSET.—The pilot project required under sub23 section (b)(1) shall terminate on the date that is four 

24 years after the date on which the pilot project is estab25 lished. 


Pbinns on DSKJLVW7X2PROD with BILLS
516 

•S 2792 RS

1 (j) NO ADDITIONAL FUNDS.— 

2 (1) IN GENERAL.—No additional funds are au3 thorized to be appropriated for the purpose of car4 rying out this section. 

5 (2) EXISTING AUTHORIZED AMOUNTS.—Funds 

6 to carry out this section may, as provided in advance 

7 in appropriations Acts, only come from amounts au8 thorized to be appropriated to the United States 

9 Cyber Command. 

10 TITLE XII—MATTERS RELATING 

11 TO FOREIGN NATIONS 

12 Subtitle A—Assistance and 

13 Training 

14 SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDI15 TIONAL OPERATIONS. 

16 Section 333(a)(3) of title 10, United States Code, is 

17 amended by inserting ‘‘or other counter-illicit trafficking 

18 operations’’ before the period. 

19 SEC. 1202. ADMINISTRATIVE SUPPORT AND PAYMENT OF 

20 CERTAIN EXPENSES FOR COVERED FOREIGN 

21 DEFENSE PERSONNEL. 

22 (a) IN GENERAL.—Subchapter IV of chapter 16 of 

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

24 end the following new section: 


Pbinns on DSKJLVW7X2PROD with BILLS
517 

•S 2792 RS

1 ‘‘§ 334. Administrative support and payment of cer2 tain expenses for covered foreign defense 

3 personnel 

4 ‘‘(a) IN GENERAL.—The Secretary of Defense may— 

5 ‘‘(1) provide administrative services and sup6 port to the United Nations Command for the per7 formance of duties by covered foreign defense per8 sonnel during the period in which the covered for9 eign defense personnel are assigned to the United 

10 Nations Command or the Neutral Nations Super11 visory Commission in accordance with the Korean 

12 War Armistice Agreement of 1953; and 

13 ‘‘(2) pay the expenses specified in subsection 

14 (b) for covered foreign defense personnel who are— 

15 ‘‘(A) from a developing country; and 

16 ‘‘(B) assigned to the headquarters of the 

17 United Nations Command. 

18 ‘‘(b) TYPES OF EXPENSES.—The types of expenses 

19 that may be paid under the authority of subsection (a)(2) 

20 are the following: 

21 ‘‘(1) Travel and subsistence expenses directly 

22 related to the duties of covered foreign defense per23 sonnel described in subsection (a)(2) in connection 

24 with the assignment of such covered foreign defense 

25 personnel. 


Pbinns on DSKJLVW7X2PROD with BILLS
518 

•S 2792 RS

1 ‘‘(2) Personal expenses directly related to car2 rying out such duties. 

3 ‘‘(3) Expenses for medical care at a military 

4 medical facility. 

5 ‘‘(4) Expenses for medical care at a civilian 

6 medical facility, if— 

7 ‘‘(A) adequate medical care is not available 

8 to such covered foreign defense personnel at a 

9 local military medical treatment facility; 

10 ‘‘(B) the Secretary determines that pay11 ment of such medical expenses is necessary and 

12 in the best interests of the United States; and 

13 ‘‘(C) medical care is not otherwise avail14 able to such covered foreign defense personnel 

15 pursuant to a treaty or any other international 

16 agreement. 

17 ‘‘(5) Mission-related travel expenses, if— 

18 ‘‘(A) such travel is in direct support of the 

19 national interests of the United States; and 

20 ‘‘(B) the Commander of the United Na21 tions Command directs round-trip travel from 

22 the headquarters of the United Nations Com23 mand to one or more locations. 

24 ‘‘(c) REIMBURSEMENT.—The Secretary may provide 

25 the administrative services and support and pay the exVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
519 

•S 2792 RS

1 penses authorized by subsection (a) with or without reim2 bursement. 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘administrative services and sup5 port’ means base or installation support services, fa6 cilities use, base operations support, office space, of7 fice supplies, utilities, copying services, computer 

8 support, communication services, fire and police pro9 tection, postal services, bank services, transportation 

10 services, housing and temporary billeting (including 

11 ancillary services), specialized clothing required to 

12 perform assigned duties, temporary loan of special 

13 equipment, storage services, training services, and 

14 repair and maintenance services. 

15 ‘‘(2) The term ‘covered foreign defense per16 sonnel’ means members of the military of a foreign 

17 country who are assigned to— 

18 ‘‘(A) the United Nations Command; or 

19 ‘‘(B) the Neutral Nations Supervisory 

20 Commission. 

21 ‘‘(3) The term ‘developing country’ has the 

22 meaning given the term in section 301(4) of this 

23 title. 

24 ‘‘(4) The term ‘Neutral Nations Supervisory 

25 Commission’ means the delegations from Sweden 


Pbinns on DSKJLVW7X2PROD with BILLS
520 

•S 2792 RS

1 and Switzerland (or successor delegations) appointed 

2 in accordance with the Korean War Armistice Agree3 ment of 1953 or its subsequent agreements. 

4 ‘‘(5) The term ‘United Nations Command’ 

5 means the headquarters of the United Nations Com6 mand, the United Nations Command Military Armi7 stice Commission, the United Nations Command8 Rear, and the United Nations Command Honor 

9 Guard.’’. 

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions at the beginning of subchapter IV of chapter 16 of 

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

13 end the following new item: 

‘‘334. Administrative support and payment of certain expenses for covered foreign defense personnel.’’. 

14 SEC. 1203. AUTHORITY FOR CERTAIN REIMBURSABLE 

15 INTERCHANGE OF SUPPLIES AND SERVICES. 

16 Section 2571 of title 10, United States Code, is 

17 amended— 

18 (1) by amending subsection (b) to read as fol19 lows: 

20 ‘‘(b)(1) If its head approves, a department or organi21 zation within the Department of Defense may, upon re22 quest, perform work and services for, or furnish supplies 

23 to, any other of those departments or organizations, with 

24 or without reimbursement or transfer of funds. 


Pbinns on DSKJLVW7X2PROD with BILLS
521 

•S 2792 RS

1 ‘‘(2) Use of the authority under this section for reim2 bursable support is limited to support for the purpose of 

3 providing assistance to a foreign partner pursuant to sec4 tion 333 and section 345 of this title.’’; and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(e)(1) An order placed by a department or organiza8 tion on a reimbursable basis pursuant to subsection (b) 

9 shall be considered to be an obligation in the same manner 

10 as an order placed under section 6307 of title 41. 

11 ‘‘(2) Amounts received as reimbursement shall be 

12 credited in accordance with section 2205 of this title to 

13 the appropriation of the supporting department or organi14 zation used in incurring the obligation in the year or years 

15 that support is provided.’’. 

16 SEC. 1204. EXTENSION AND MODIFICATION OF DEPART17 MENT OF DEFENSE SUPPORT FOR STABILIZA18 TION ACTIVITIES IN NATIONAL SECURITY IN19 TEREST OF THE UNITED STATES. 

20 Section 1210A of the National Defense Authorization 

21 Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 

22 1626) is amended— 

23 (1) in subsection (b), by amending paragraph 

24 (1) to read as follows: 


Pbinns on DSKJLVW7X2PROD with BILLS
522 

•S 2792 RS

1 ‘‘(1) IN GENERAL.—Amounts authorized to be 

2 provided pursuant to this section shall be available 

3 only for support for stabilization activities— 

4 ‘‘(A)(i) in a country specified in paragraph 

5 (2); and 

6 ‘‘(ii) that the Secretary of Defense, with 

7 the concurrence of the Secretary of State, has 

8 determined are in the national security interest 

9 of the United States; or 

10 ‘‘(B) in a country or region that has been 

11 selected as a priority country or region under 

12 section 505 of the Global Fragility Act of 2019 

13 (22 U.S.C. 9804).’’; 

14 (2) in subsection (g)(1), by striking ‘‘, Defense15 wide’’; and 

16 (3) in subsection (h), by striking ‘‘December 

17 31, 2021’’ and inserting ‘‘December 31, 2023’’. 

18 SEC. 1205. TEMPORARY AUTHORITY TO PAY FOR PER19 SONNEL EXPENSES OF FOREIGN NATIONAL 

20 SECURITY FORCES PARTICIPATING IN THE 

21 TRAINING PROGRAM OF THE UNITED 

22 STATES-COLOMBIA ACTION PLAN FOR RE23 GIONAL SECURITY. 

24 (a) AUTHORITY.—For fiscal year 2022, the Secretary 

25 of Defense is authorized to pay for the travel, subsistence, 


Pbinns on DSKJLVW7X2PROD with BILLS
523 

•S 2792 RS

1 and similar personnel expenses of the national security 

2 forces of a friendly foreign country to participate in the 

3 training program of the United States-Colombia Action 

4 Plan for Regional Security conducted at a facility in Co5 lombia. 

6 (b) NOTIFICATION.—Not later than 15 days before 

7 the exercise of the authority under subsection (a), the Sec8 retary shall provide to the congressional defense commit9 tees a written notification that includes the following: 

10 (1) An identification of the foreign country, and 

11 the specific unit of the national security forces of 

12 such country, the capacity of which will be built by 

13 participating in such training program. 

14 (2) The amount of support to be provided 

15 under that subsection. 

16 (3) An identification of the United States 

17 equipment purchased or acquired by such foreign 

18 country, for the use of which training is being pro19 vided under such training program. 

20 (4) A description of the specific capabilities to 

21 be built through such training program with such 

22 support. 

23 (5) A detailed description of the manner in 

24 which building the capabilities of such country 


Pbinns on DSKJLVW7X2PROD with BILLS
524 

•S 2792 RS

1 through such training program advances the na2 tional security interests of the United States. 

3 (6) A detailed assessment of the effectiveness of 

4 such training program in meeting Department of 

5 Defense requirements for building the capacity of 

6 such country. 

7 (c) SOURCE OF FUNDS.—Of the amounts authorized 

8 to be appropriated for fiscal year 2022 for the Department 

9 of Defense for operation and maintenance, Defense-wide, 

10 the Secretary may obligate or expend such amounts as 

11 may be necessary to pay for expenses described in sub12 section (a) for such fiscal year. 

13 (d) LIMITATION.—The provision of support under 

14 subsection (a) shall be subject to section 362 of title 10, 

15 United States Code. 

16 SEC. 1206. SECURITY COOPERATION STRATEGY FOR CER17 TAIN COMBATANT COMMANDS. 

18 (a) IN GENERAL.—The Secretary of Defense, in co19 ordination with the Secretary of State, shall develop and 

20 implement a security cooperation strategy for each covered 

21 combatant command, which shall apply to the security co22 operation programs and activities of the Department of 

23 Defense (as defined in section 301 of title 10, United 

24 States Code). 


Pbinns on DSKJLVW7X2PROD with BILLS
525 

•S 2792 RS

1 (b) PURPOSES.—The purposes of the strategies re2 quired by subsection (a) are the following: 

3 (1) To support and advance United States na4 tional security interests in strategic competition with 

5 near-peer rivals. 

6 (2) To build key capabilities of allied and part7 ner security forces so as to enhance bilateral and 

8 multilateral interoperability and responsiveness in 

9 the event of a crisis. 

10 (3) To build the capabilities of foreign partner 

11 security forces to secure their own territory, includ12 ing through operations against violent extremist 

13 groups. 

14 (4) To promote and build institutional capabili15 ties for observance of, and respect for— 

16 (A) the law of armed conflict; 

17 (B) human rights and fundamental free18 doms; 

19 (C) the rule of law; and 

20 (D) civilian control of the military. 

21 (5) To support the programs and activities of 

22 law enforcement and civilian agencies to counter the 

23 threat of and reduce risks from illicit trafficking and 

24 transnational criminal organizations. 


Pbinns on DSKJLVW7X2PROD with BILLS
526 

•S 2792 RS

1 (c) ELEMENTS.—The strategy for each covered com2 batant command required by subsection (a) shall include 

3 the following: 

4 (1) A statement of the security cooperation 

5 strategic objectives for— 

6 (A) the covered combatant command; and 

7 (B) the covered combatant command in 

8 conjunction with other covered combatant com9 mands. 

10 (2) A description of the primary security co11 operation lines of effort for achieving such strategic 

12 objectives, including prioritization of foreign part13 ners within the covered combatant command. 

14 (3) A description of the Department of Defense 

15 authorities to be used for each such line of effort 

16 and the manner in which such authorities will con17 tribute to achieving such strategic objectives. 

18 (4) A description of the institutional capacity19 building programs and activities within the covered 

20 combatant command and an assessment of the man21 ner in which such programs and activities contribute 

22 to achieving such strategic objectives. 

23 (5) A description of the manner in which the 

24 development, planning, and implementation of pro25 grams or activities under Department of Defense seVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
527 

•S 2792 RS

1 curity cooperation authorities are coordinated and 

2 deconflicted with security assistance and other as3 sistance authorities of the Department of State and 

4 other civilian agencies. 

5 (d) CONSULTATION.—In developing the strategy for 

6 each covered combatant command required by subsection 

7 (a), the Secretary of Defense shall consult with— 

8 (1) the Under Secretary of Defense for Policy; 

9 (2) the Chairman of the Joint Chiefs of Staff; 

10 (3) the Director of the Defense Security Co11 operation Agency; and 

12 (4) the commander of the relevant covered com13 batant command. 

14 (e) REPORTS.— 

15 (1) INITIAL REPORT.—Not later than 180 days 

16 after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to the appropriate 

18 committees of Congress a report on the security co19 operation strategy for each covered combatant com20 mand developed under subsection (a). 

21 (2) SUBSEQUENT REPORTS.—Beginning in fis22 cal year 2023, and annually thereafter through fiscal 

23 year 2027, concurrently with the submittal of the re24 port required by section 386(a) of title 10, United 

25 States Code, the Secretary of Defense shall submit 


Pbinns on DSKJLVW7X2PROD with BILLS
528 

•S 2792 RS

1 to the appropriate committees of Congress a report 

2 on the implementation of the security cooperation 

3 strategy for each covered combatant command devel4 oped under subsection (a). 

5 (f) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate committees of Con8 gress’’ means— 

9 (A) the Committee on Armed Services, the 

10 Committee on Foreign Relations, and the Com11 mittee on Appropriations of the Senate; and 

12 (B) the Committee on Armed Services, the 

13 Committee on Foreign Affairs, and the Com14 mittee on Appropriations of the House of Rep15 resentatives. 

16 (2) COVERED COMBATANT COMMAND.—The 

17 term ‘‘covered combatant command’’ means— 

18 (A) the United States European Com19 mand; 

20 (B) the United States Indo-Pacific Com21 mand; 

22 (C) the United States Central Command; 

23 (D) the United States Africa Command; 

24 (E) the United States Southern Command; 

25 and 


Pbinns on DSKJLVW7X2PROD with BILLS
529 

•S 2792 RS

1 (F) the United States Northern Command. 

2 SEC. 1207. PLAN FOR ENHANCING WESTERN HEMISPHERE 

3 SECURITY COOPERATION. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the Secretary of De6 fense, in coordination with the Secretary of State, shall 

7 submit to the appropriate committees of Congress a plan 

8 for enhancing security cooperation and advancing United 

9 States strategic interests in the Western Hemisphere. 

10 (b) ELEMENTS.—The plan required by subsection (a) 

11 shall include the following: 

12 (1) Activities to expand bilateral and multilat13 eral security cooperation in Latin America and the 

14 Caribbean so as to maintain consistent United 

15 States presence in the region. 

16 (2) Activities to build the defense and security 

17 capacity (other than civilian law enforcement) of 

18 partner countries in Latin America and the Carib19 bean. 

20 (3) Activities to counter malign influence of 

21 state actors and transnational criminal organizations 

22 with connections to illicit trafficking, terrorism, or 

23 weapons proliferation. 

24 (4) Efforts to disrupt, degrade, and counter 

25 transnational illicit trafficking, with an emphasis on 


Pbinns on DSKJLVW7X2PROD with BILLS
530 

•S 2792 RS

1 illicit narcotics and precursor chemicals that produce 

2 illicit narcotics. 

3 (5) Activities to provide transparency and sup4 port for strong and accountable defense institutions 

5 through institutional capacity-building efforts, in6 cluding efforts to ensure compliance with inter7 nationally recognized human rights standards. 

8 (6) Steps to expand bilateral and multinational 

9 military exercises and training with partner coun10 tries in Latin America and the Caribbean. 

11 (7) The provision of assistance to— 

12 (A) such partner countries for regional de13 fense; and 

14 (B) security organizations and institutions 

15 and national military or other security forces 

16 (other than civilian law enforcement) that carry 

17 out national or regional security missions. 

18 (8) The provision of training and education to 

19 defense and security ministries, agencies, and head20 quarters-level organizations for organizations and 

21 forces described in paragraph (7)(B). 

22 (9) Activities to counter misinformation and 

23 disinformation campaigns and highlight corrupt, 

24 predatory, and illegal practices. 


Pbinns on DSKJLVW7X2PROD with BILLS
531 

•S 2792 RS

1 (10) The provision of Department of Defense 

2 humanitarian assistance and disaster relief to sup3 port partner countries by promoting the development 

4 and growth of responsive institutions through activi5 ties such as— 

6 (A) the provision of equipment, training, 

7 and logistical support; 

8 (B) transportation of humanitarian sup9 plies or foreign security forces or personnel; 

10 (C) making available, preparing, and 

11 transferring on-hand nonlethal Department of 

12 Defense stocks for humanitarian or health pur13 poses to respond to unforeseen emergencies; 

14 (D) the provision of Department of De15 fense humanitarian de-mining assistance; 

16 (E) conducting physical security and stock17 pile-management activities; and 

18 (F) conducting medical support operations 

19 or medical humanitarian missions, as appro20 priate, such as hospital-ship deployments and 

21 base-operating services, to the extent required 

22 by the operation. 

23 (11) Continued support for the Women, Peace, 

24 and Security efforts of the Department of State to 


Pbinns on DSKJLVW7X2PROD with BILLS
532 

•S 2792 RS

1 support the capacity of partner countries in the 

2 Western Hemisphere— 

3 (A) to ensure that women and girls are 

4 safe and secure and the rights of women and 

5 girls are protected; and 

6 (B) to promote the meaningful participa7 tion of women in the defense and security sec8 tors. 

9 (12) The provision of support to increase the 

10 capacity and effectiveness of Department of Defense 

11 educational programs and institutions, such as the 

12 William J. Perry Center, and international institu13 tions, such as the Inter-American Defense Board 

14 and the Inter-American Defense College, that pro15 mote United States defense objectives through bilat16 eral and regional relationships. 

17 (13) Professional military education initiatives. 

18 (14) The allocation of maritime vessels to the 

19 United States 4th Fleet. 

20 (15) A detailed assessment of the resources re21 quired to carry out such plan. 

22 (c) APPROPRIATE COMMITTEES OF CONGRESS.—In 

23 this section, the term ‘‘appropriate committees of Con24 gress’’ means— 


Pbinns on DSKJLVW7X2PROD with BILLS
533 

•S 2792 RS

1 (1) the Committee on Armed Services and the 

2 Committee on Foreign Relations of the Senate; and 

3 (2) the Committee on Armed Services and the 

4 Committee on Foreign Affairs of the House of Rep5 resentatives. 

6 SEC. 1208. PILOT PROGRAM TO SUPPORT THE IMPLEMEN7 TATION OF THE WOMEN, PEACE, AND SECU8 RITY ACT OF 2017. 

9 Section 1210E of the William M. (Mac) Thornberry 

10 National Defense Authorization Act for Fiscal Year 2021 

11 (Public Law 116–283) is amended by— 

12 (1) redesignating subsection (f) as subsection 

13 (h); and 

14 (2) by inserting after subsection (e) the fol15 lowing new subsections (f) and (g): 

16 ‘‘(f) PILOT PROGRAM.— 

17 ‘‘(1) ESTABLISHMENT.—The Secretary of De18 fense, in consultation with the Secretary of State, 

19 shall establish and carry out a pilot program for the 

20 purpose of conducting partner country assessments 

21 described in subsection (b)(2). 

22 ‘‘(2) CONTRACT AUTHORITY.—The Secretary of 

23 Defense, in consultation with the Secretary of State, 

24 shall seek to enter into one or more contracts with 

25 a nonprofit organization or a federally funded reVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
534 

•S 2792 RS

1 search and development center independent of the 

2 Department for the purpose of conducting such 

3 partner country assessments. 

4 ‘‘(3) SELECTION OF COUNTRIES.— 

5 ‘‘(A) IN GENERAL.—The Secretary of De6 fense, in consultation with the commanders of 

7 the combatant commands and relevant United 

8 States ambassadors, shall select one partner 

9 country within the area of responsibility of each 

10 geographic combatant command for participa11 tion in the pilot program. 

12 ‘‘(B) CONSIDERATIONS.—In making the 

13 selection under subparagraph (A), the Secretary 

14 of Defense shall consider— 

15 ‘‘(i) the demonstrated political com16 mitment of the partner country to increas17 ing the participation of women in the secu18 rity sector; and 

19 ‘‘(ii) the national security priorities 

20 and theater campaign strategies of the 

21 United States. 

22 ‘‘(4) PARTNER COUNTRY ASSESSMENTS.—Part23 ner country assessments conducted under the pilot 

24 program shall be— 


Pbinns on DSKJLVW7X2PROD with BILLS
535 

•S 2792 RS

1 ‘‘(A) adapted to the local context of the 

2 partner country being assessed; 

3 ‘‘(B) conducted in collaboration with the 

4 security sector of the partner country being as5 sessed; and 

6 ‘‘(C) based on tested methodologies. 

7 ‘‘(5) REVIEW AND ASSESSMENT.—With respect 

8 to each partner country assessment conducted under 

9 the pilot program, the Secretary of Defense, in con10 sultation with the Secretary of State, shall— 

11 ‘‘(A) review the methods of research and 

12 analysis used by any entity contracted with 

13 under paragraph (2) in conducting the assess14 ment and identify lessons learned from such re15 view; and 

16 ‘‘(B) assess the ability of the Department 

17 to conduct future partner country assessments 

18 without entering into such a contract, including 

19 by assessing potential costs and benefits for the 

20 Department that may arise in conducting such 

21 future assessments. 

22 ‘‘(6) FINDINGS.— 

23 ‘‘(A) IN GENERAL.—The Secretary of De24 fense, in consultation with the Secretary of 

25 State, shall use findings from each partner 


Pbinns on DSKJLVW7X2PROD with BILLS
536 

•S 2792 RS

1 country assessment to inform effective security 

2 cooperation activities and security sector assist3 ance interventions by the United States in the 

4 partner country assessed, which shall be de5 signed to substantially increase opportunities 

6 for the recruitment, employment, development, 

7 retention, deployment, and promotion of women 

8 in the national security forces of such partner 

9 country (including for deployments to peace op10 erations and for participation in counterter11 rorism operations and activities). 

12 ‘‘(B) MODEL METHODOLOGY.—The Sec13 retary of Defense, in consultation with the Sec14 retary of State, shall develop, based on the find15 ings of the pilot program, a model barrier as16 sessment methodology for use across the geo17 graphic combatant commands. 

18 ‘‘(7) REPORTS.— 

19 ‘‘(A) IN GENERAL.—Not later than 2 years 

20 after the date of the enactment of the National 

21 Defense Authorization Act for Fiscal Year 

22 2022, the Secretary of Defense, in consultation 

23 with the Secretary of State, shall submit to the 

24 appropriate committees of Congress an initial 

25 report on the implementation of the pilot proVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
537 

•S 2792 RS

1 gram under this subsection that includes an 

2 identification of the partner countries selected 

3 for participation in the program and the jus4 tifications for such selections. 

5 ‘‘(B) METHODOLOGY.—On the date on 

6 which the Secretary of Defense determines the 

7 pilot program to be complete, the Secretary of 

8 Defense, in consultation with the Secretary of 

9 State, shall submit to the appropriate commit10 tees of Congress a report on the model barrier 

11 assessment methodology developed under para12 graph (6)(B). 

13 ‘‘(g) BRIEFING.—Not later than 1 year after the date 

14 of the enactment of the National Defense Authorization 

15 Act for Fiscal Year 2022, the Director of the Defense Se16 curity Cooperation Agency shall provide to the appropriate 

17 committees of Congress a briefing on the efforts to build 

18 partner defense institution and security force capacity 

19 pursuant to this section.’’. 

20 SEC. 1209. LIMITATION ON SUPPORT TO MILITARY FORCES 

21 OF THE KINGDOM OF MOROCCO FOR BILAT22 ERAL OR MULTILATERAL EXERCISES. 

23 (a) IN GENERAL.—None of the funds authorized to 

24 be appropriated by this Act for fiscal year 2022 may be 

25 used by the Secretary of Defense to support the participaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
538 

•S 2792 RS

1 tion of the military forces of the Kingdom of Morocco in 

2 any bilateral or multilateral exercise administered by the 

3 Department of Defense unless the Secretary determines, 

4 and certifies to the congressional defense committees, that 

5 the Kingdom of Morocco has taken steps to support a final 

6 peace agreement with Western Sahara. 

7 (b) WAIVER.—The Secretary may waive the applica8 tion of the limitation under subsection (a) if the Secretary 

9 submits to the congressional defense committees— 

10 (1) a written determination that the waiver is 

11 important to the national security interests of the 

12 United States; and 

13 (2) a detailed explanation of the manner in 

14 which the waiver furthers such interests. 

15 Subtitle B—Matters Relating to 

16 Afghanistan and Pakistan 

17 SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY 

18 FOR SUPPORT FOR RECONCILIATION ACTIVI19 TIES LED BY THE GOVERNMENT OF AFGHANI20 STAN AND PROHIBITION ON USE OF FUNDS 

21 FOR THE TALIBAN AND OTHER TERRORIST 

22 GROUPS. 

23 (a) EXTENSION AND MODIFICATION OF AUTHOR24 ITY.— 


Pbinns on DSKJLVW7X2PROD with BILLS
539 

•S 2792 RS

1 (1) LOCATION OF COVERED SUPPORT.—Sub2 section (e) of section 1218 of the National Defense 

3 Authorization Act for Fiscal Year 2020 (Public Law 

4 116–92; 132 Stat. 1633) is amended to read as fol5 lows: 

6 ‘‘(e) LOCATION OF COVERED SUPPORT.— 

7 ‘‘(1) AFGHANISTAN.—The Secretary of Defense 

8 may provide covered support within Afghanistan. 

9 ‘‘(2) OTHER COUNTRIES.— The Secretary of 

10 Defense may provide covered support in any country 

11 in the near abroad of Afghanistan if the Secretary 

12 of Defense, in coordination with the Secretary of 

13 State, determines, and certifies to the appropriate 

14 committees of Congress, that providing covered sup15 port in such a country is in the national security in16 terest of the United States.’’. 

17 (2) NOTIFICATION.—Subsection (f) of such sec18 tion is amended, in the matter preceding paragraph 

19 (1), by striking ‘‘Pakistan’’ and inserting ‘‘any coun20 try in the near abroad of Afghanistan’’. 

21 (3) REPORTS.—Subsection (j)(1) of such sec22 tion is amended to read as follows: 

23 ‘‘(1) IN GENERAL.— Not later than 90 days 

24 after the date on which the Secretary of Defense 

25 uses the authority under this section, and every 180 


Pbinns on DSKJLVW7X2PROD with BILLS
540 

•S 2792 RS

1 days thereafter, the Secretary of Defense, in coordi2 nation with the Secretary of State, shall submit to 

3 the appropriate committees of Congress a report on 

4 the covered support provided pursuant to such use 

5 of authority.’’. 

6 (4) EXTENSION.—Subsection (k) of such sec7 tion is amended by striking ‘‘December 31, 2021’’ 

8 and inserting ‘‘December 31, 2022’’. 

9 (5) NEAR ABROAD OF AFGHANISTAN DE10 FINED.—Subsection (l) of such section is amended— 

11 (A) by redesignating paragraphs (4) and 

12 (5) as paragraphs (5) and (6), respectively; and 

13 (B) by inserting after paragraph (3) the 

14 following new paragraph (4): 

15 ‘‘(4) NEAR ABROAD OF AFGHANISTAN.—The 

16 term ‘near abroad of Afghanistan’ means South 

17 Asia, Central Asia, and the Persian Gulf.’’. 

18 (b) PROHIBITION ON USE OF FUNDS FOR THE

19 TALIBAN AND OTHER TERRORIST GROUPS.—None of the 

20 funds authorized to be appropriated by this Act may be 

21 made available for the transfer of funds, supplies, or other 

22 items of monetary value to the Taliban or members of 

23 other terrorist groups. 


Pbinns on DSKJLVW7X2PROD with BILLS
541 

•S 2792 RS

1 SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY 

2 FOR REIMBURSEMENT OF CERTAIN COALI3 TION NATIONS FOR SUPPORT PROVIDED TO 

4 UNITED STATES MILITARY OPERATIONS. 

5 (a) EXTENSION.—Subsection (a) of section 1233 of 

6 the National Defense Authorization Act for Fiscal Year 

7 2008 (Public Law 110–181; 122 Stat. 393) is amended 

8 by striking ‘‘beginning on October 1, 2020, and ending 

9 on December 31, 2021’’ and inserting ‘‘beginning on Octo10 ber 1, 2021, and ending on December 31, 2022’’. 

11 (b) MODIFICATION TO LIMITATION.—Subsection 

12 (d)(1) of such section is amended— 

13 (1) by striking ‘‘beginning on October 1, 2020, 

14 and ending on December 31, 2021’’ and inserting 

15 ‘‘beginning on October 1, 2021, and ending on De16 cember 31, 2022’’; and 

17 (2) by striking ‘‘$180,000,000’’ and inserting 

18 ‘‘$160,000,000’’. 

19 SEC. 1213. AFGHANISTAN SECURITY FORCES FUND. 

20 (a) CONTINUATION OF PRIOR AUTHORITIES AND NO21 TICE AND REPORTING REQUIREMENTS.—Funds available 

22 to the Department of Defense for the Afghanistan Secu23 rity Forces Fund for fiscal year 2022 shall be subject to 

24 the conditions contained in— 

25 (1) subsections (b) through (f) of section 1513 

26 of the National Defense Authorization Act for Fiscal 


Pbinns on DSKJLVW7X2PROD with BILLS
542 

•S 2792 RS

1 Year 2008 (Public Law 110–181; 122 Stat. 428); 

2 and 

3 (2) section 1521(d)(1) of the National Defense 

4 Authorization Act for Fiscal Year 2017 (Public Law 

5 114–328; 130 Stat. 2577). 

6 (b) USE OF FUNDS.— 

7 (1) ADVISORS TO MINISTRIES.—Paragraph (1) 

8 of subsection (b) of such section 1513 is amended by 

9 inserting ‘‘, including costs of Department of De10 fense personnel who advise such Ministries’’ before 

11 the period at the end. 

12 (2) TYPE OF ASSISTANCE.—Such subsection (b) 

13 is further amended— 

14 (A) in paragraph (2), by inserting ‘‘(in15 cluding program and security assistance man16 agement support)’’ after ‘‘services’’; and 

17 (B) by adding at the end the following new 

18 paragraph: 

19 ‘‘(4) ADDITIONAL AUTHORITY.— 

20 ‘‘(A) IN GENERAL.—Assistance under the 

21 authority of this section may be used, in con22 sultation with the Secretary of State, as the 

23 Secretary of Defense considers necessary, to 

24 provide support and services described in sub25 paragraph (B), or to reimburse coalition or 


Pbinns on DSKJLVW7X2PROD with BILLS
543 

•S 2792 RS

1 partner countries for the provision of such sup2 port and services, to certain Afghan citizens 

3 and their spouses and dependents who— 

4 ‘‘(i) as a consequence of their associa5 tion with the United States or a coalition 

6 partner of the United States, have a well7 founded fear of persecution; or 

8 ‘‘(ii) are aliens described in section 

9 602(b)(2) of the Afghan Allies Protection 

10 Act of 2009 (Public Law 111–8; 8 U.S.C. 

11 1101 note). 

12 ‘‘(B) SUPPORT AND SERVICES DE13 SCRIBED.—The support and services described 

14 in this subparagraph are— 

15 ‘‘(i) transportation outside of Afghani16 stan for the purpose of awaiting visa proc17 essing; 

18 ‘‘(ii) security; and 

19 ‘‘(iii) life support.’’. 

20 (c) EQUIPMENT DISPOSITION.— 

21 (1) ACCEPTANCE OF CERTAIN EQUIPMENT.— 

22 Subject to paragraph (2), the Secretary of Defense 

23 may accept equipment that is procured using 

24 amounts authorized to be appropriated for the Af25 ghanistan Security Forces Fund by this Act and inVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
544 

•S 2792 RS

1 tended for transfer to the security forces of the Min2 istry of Defense and the Ministry of Interior Affairs 

3 of the Government of Afghanistan, but not accepted 

4 by such security forces. 

5 (2) CONDITIONS ON ACCEPTANCE OF EQUIP6 MENT.—Before accepting any equipment under the 

7 authority provided under paragraph (1), the Com8 mander of United States forces in Afghanistan shall 

9 make a determination as to whether such equipment 

10 was procured for the purpose of meeting require11 ments of the security forces of the Ministry of De12 fense and the Ministry of Interior Affairs of the 

13 Government of Afghanistan, as agreed to by the 

14 Government of Afghanistan and the United States 

15 Government, but is no longer required by such secu16 rity forces or was damaged before transfer to such 

17 security forces. 

18 (3) ELEMENTS OF DETERMINATION.—In mak19 ing a determination under paragraph (2) with re20 spect to equipment, the Commander of United 

21 States forces in Afghanistan shall consider alter22 natives to the acceptance of such equipment by the 

23 Secretary of Defense. 

24 (4) TREATMENT AS DEPARTMENT OF DEFENSE

25 STOCKS.—Equipment accepted under the authority 


Pbinns on DSKJLVW7X2PROD with BILLS
545 

•S 2792 RS

1 provided under paragraph (1) may be treated as 

2 stocks of the Department of Defense upon notifica3 tion to the congressional defense committees of such 

4 treatment. 

5 (5) QUARTERLY REPORTS ON EQUIPMENT DIS6 POSITION.— 

7 (A) IN GENERAL.—Not later than 90 days 

8 after the date of the enactment of this Act and 

9 every 90 days thereafter during the period in 

10 which the authority provided under paragraph 

11 (1) is exercised, the Secretary shall submit to 

12 the congressional defense committees a report 

13 describing the equipment accepted during the 

14 period covered by such report under the fol15 lowing: 

16 (i) This subsection. 

17 (ii) Section 1521(b) of the National 

18 Defense Authorization Act for Fiscal Year 

19 2017 (Public Law 114–328; 130 Stat. 

20 2575). 

21 (iii) Section 1531(b) of the National 

22 Defense Authorization Act for Fiscal Year 

23 2016 (Public Law 114–92; 129 Stat. 

24 1088). 


Pbinns on DSKJLVW7X2PROD with BILLS
546 

•S 2792 RS

1 (iv) Section 1532(b) of the Carl Levin 

2 and Howard P. ‘‘Buck’’ McKeon National 

3 Defense Authorization Act for Fiscal Year 

4 2015 (Public Law 113–291; 128 Stat. 

5 3613). 

6 (v) Section 1531(d) of the National 

7 Defense Authorization Act for Fiscal Year 

8 2014 (Public Law 113–66; 127 Stat. 938; 

9 10 U.S.C. 2302 note). 

10 (B) ELEMENTS.—Each report under sub11 paragraph (A) shall include, with respect to the 

12 90-day period for which the report is sub13 mitted— 

14 (i) a list of any equipment accepted 

15 during such period and treated as stocks of 

16 the Department of Defense; and 

17 (ii) copies of any determination made 

18 under paragraph (2) during such period, 

19 as required under paragraph (3). 

20 (C) REIMBURSABLE TRANSACTION AU21 THORITY FOR HELICOPTERS AND SMALL AIR22 CRAFT.—The Secretary of Defense may use 

23 amounts authorized for the Afghanistan Secu24 rity Forces Fund by this Act or the William M. 

25 (Mac) Thornberry National Defense AuthorizaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
547 

•S 2792 RS

1 tion Act for Fiscal Year 2021 (Public Law 

2 116–283) to purchase helicopters and small air3 craft from the Secretary of the Army. 

4 (D) SECURITY OF AFGHAN WOMEN.— 

5 (i) IN GENERAL.—Of the funds avail6 able to the Department of Defense for the 

7 Afghanistan Security Forces Fund for fis8 cal year 2022, it is the goal that up to 

9 $27,500,000, but not less than 

10 $10,000,000, shall be used for programs 

11 and activities for— 

12 (I) the recruitment, integration, 

13 retention, training, and treatment of 

14 women in the Afghan National De15 fense and Security Forces; and 

16 (II) the recruitment, training, 

17 and contracting of female security 

18 personnel for future elections. 

19 (ii) TYPES OF PROGRAMS AND ACTIVI20 TIES.—Such programs and activities may 

21 include— 

22 (I) recruitment and retention ef23 forts with respect to women in the Af24 ghan National Defense and Security 


Pbinns on DSKJLVW7X2PROD with BILLS
548 

•S 2792 RS

1 Forces, including the special oper2 ations forces; 

3 (II) programs and activities of 

4 the Directorate of Human Rights and 

5 Gender Integration of the Ministry of 

6 Defense and the Office of Human 

7 Rights, Gender, and Child Rights of 

8 the Ministry of Interior Affairs of the 

9 Government of Afghanistan; 

10 (III) development and dissemina11 tion of gender and human rights edu12 cational and training materials and 

13 programs within the Ministry of De14 fense and the Ministry of Interior Af15 fairs of the Government of Afghani16 stan; 

17 (IV) efforts to address harass18 ment and violence against women 

19 within the Afghan National Defense 

20 and Security Forces; 

21 (V) improvements to infrastruc22 ture that address the requirements of 

23 women serving in the Afghan National 

24 Defense and Security Forces, includ25 ing appropriate equipment for female 


Pbinns on DSKJLVW7X2PROD with BILLS
549 

•S 2792 RS

1 security and police forces, remedi2 ation, renovation, and protection of 

3 facilities used by women, and trans4 portation for policewomen to their sta5 tions; 

6 (VI) support for Afghanistan Na7 tional Police Family Response Units; 

8 (VII) security provisions for 

9 high-profile female police and military 

10 officers; 

11 (VIII) programs to promote con12 flict prevention, management, and res13 olution through the meaningful par14 ticipation of Afghan women in the Af15 ghan National Defense and Security 

16 Forces by exposing Afghan women 

17 and girls to the activities of and ca18 reers available in such forces, encour19 aging their interest in such careers, or 

20 developing their interest and the skills 

21 necessary for service in such forces; 

22 and 

23 (IX) enhancements to Afghan 

24 National Defense and Security Forces 

25 recruitment programs for targeted adVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
550 

•S 2792 RS

1 vertising with the goal of increasing 

2 the number of female recruits. 

3 (E) PLAN FOR MAINTAINING OVERSIGHT

4 OF FUNDS AND ACTIVITIES.—Not later than 15 

5 days after the date of the enactment of this 

6 Act, the Secretary of Defense shall submit to 

7 the appropriate committees of Congress a re8 port on the plan to execute oversight of funds 

9 and activities authorized by this section without 

10 a United States Armed Forces presence in Af11 ghanistan. 

12 (F) REPORT AND CERTIFICATION.— 

13 (i) REPORT.— 

14 (I) LIMITATION ON USE OF

15 FUNDS.—Not more than 

16 $1,000,000,000 of the funds author17 ized to be appropriated by this Act for 

18 fiscal year 2022 may be expended 

19 until the date on which the report re20 quired by subclause (II) is submitted. 

21 (II) REPORT.—The Secretary of 

22 Defense, in consultation with the 

23 heads of other Federal agencies, as 

24 appropriate, shall submit to the apVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
551 

•S 2792 RS

1 propriate committees of Congress a 

2 report that includes the following: 

3 (aa) The number of mem4 bers of the Afghan National De5 fense and Security Forces the 

6 salaries of whom are funded 

7 under the authority of this sec8 tion. 

9 (bb) The percentage of such 

10 members of the Afghan National 

11 Defense and Security Forces who 

12 receive pay by direct electronic 

13 deposit. 

14 (cc) A detailed description of 

15 the process of the Department of 

16 Defense for providing equipment 

17 to the Afghan National Defense 

18 and Security Forces, including a 

19 list of locations from which over20 sight of distribution and mainte21 nance is conducted. 

22 (dd) A detailed description 

23 of the process of the Department 

24 of Defense for providing equip25 ment to the Afghan Air Force, 


Pbinns on DSKJLVW7X2PROD with BILLS
552 

•S 2792 RS

1 including a list of locations from 

2 which oversight of distribution 

3 and maintenance is conducted. 

4 (ii) CERTIFICATION.— 

5 (I) LIMITATION ON USE OF

6 FUNDS.—Not more than 

7 $2,500,000,000 of the funds author8 ized to be appropriated by this Act for 

9 fiscal year 2022 may be expended 

10 until the date on which the certifi11 cation described in subclause (II) is 

12 made. 

13 (II) CERTIFICATION.—The cer14 tification described in this subclause is 

15 a certification by the Secretary of De16 fense, in consultation with the heads 

17 of other Federal agencies, as appro18 priate, that the Government of Af19 ghanistan has met the following cri20 teria: 

21 (aa) The majority of mem22 bers of the Afghan National De23 fense and Security Forces receive 

24 pay by direct electronic deposit. 


Pbinns on DSKJLVW7X2PROD with BILLS
553 

•S 2792 RS

1 (bb) The Government of Af2 ghanistan has demonstrated 

3 progress in ensuring that the 

4 weapons and equipment provided 

5 to the Afghan National Defense 

6 and Security Forces are— 

7 (AA) distributed effec8 tively to the intended units 

9 of the Afghan National De10 fense and Security Forces; 

11 and 

12 (BB) in compliance 

13 with appropriate end-use 

14 monitoring standards. 

15 (cc) The Government of Af16 ghanistan has demonstrated 

17 progress in ensuring that critical 

18 supplies, including fuel and am19 munition, are delivered success20 fully to the intended units of the 

21 Afghan National Defense and Se22 curity Forces and periodically ac23 counted for after delivery. 

24 (dd) The Government of Af25 ghanistan has demonstrated 


Pbinns on DSKJLVW7X2PROD with BILLS
554 

•S 2792 RS

1 progress in growing or 

2 transitioning maintenance re3 sponsibilities for Afghan aircraft 

4 to Afghan personnel. 

5 (ee) The Ministry of Defense 

6 and the Ministry of Interior Af7 fairs of the Government of Af8 ghanistan have made progress on 

9 reducing or mitigating corruption 

10 within the Afghan National De11 fense and Security Forces. 

12 (ff) The Afghan National 

13 Defense and Security Forces re14 mains a viable partner force in 

15 countering threats from violent 

16 extremist organizations that use 

17 Afghanistan as a base for plan18 ning or operations. 

19 (III) WAIVER.—The Secretary of 

20 Defense may waive subclause (I) if 

21 the Secretary of Defense— 

22 (aa) determines that with23 holding assistance under that 

24 clause would impede the national 


Pbinns on DSKJLVW7X2PROD with BILLS
555 

•S 2792 RS

1 security objectives of the United 

2 States; and 

3 (bb) in consultation with the 

4 Secretary of State, certifies such 

5 determination to the congres6 sional defense committees not 

7 later than 30 days before the ef8 fective date of such waiver. 

9 (G) APPROPRIATE COMMITTEES OF CON10 GRESS DEFINED.—In this paragraph, the term 

11 ‘‘appropriate committees of Congress’’ means— 

12 (i) the Committee on Armed Services 

13 and the Committee on Appropriations of 

14 the Senate; and 

15 (ii) the Committee on Armed Services 

16 and the Committee on Appropriations of 

17 the House of Representatives. 

18 SEC. 1214. QUARTERLY SECURITY BRIEFINGS ON AFGHANI19 STAN. 

20 (a) IN GENERAL.—Not later than January 15, 2022, 

21 and every 90 days thereafter through December 31, 2025, 

22 the Under Secretary of Defense for Policy shall provide 

23 to the congressional defense committees an unclassified 

24 briefing, with a classified component if necessary, on the 


Pbinns on DSKJLVW7X2PROD with BILLS
556 

•S 2792 RS

1 security situation in Afghanistan and ongoing Department 

2 of Defense efforts to counter terrorist groups. 

3 (b) ELEMENTS.—Each briefing required by sub4 section (a) shall include an assessment of each of the fol5 lowing: 

6 (1) The security situation in Afghanistan. 

7 (2) The strength and effectiveness of the 

8 Taliban, al-Qaeda, the Islamic State of Khorasan, 

9 and associated forces. 

10 (3) The international terrorism ambitions and 

11 capabilities of the Taliban, al-Qaeda, the Islamic 

12 State of Khorasan, and associated forces, and the 

13 extent to which such groups pose a threat to the 

14 United States. 

15 (4) The strength and capacity of the Afghan 

16 National Defense and Security Forces and the effec17 tiveness in countering threats to the stability of the 

18 Government of Afghanistan. 

19 (5) The mission-capable rates for aircraft of the 

20 air force of Afghanistan and the effectiveness of air21 craft maintenance conducted by the air force of Af22 ghanistan. 

23 (6) The effectiveness of Department of Defense 

24 efforts to train and advise the Afghan National De25 fense and Security Forces. 


Pbinns on DSKJLVW7X2PROD with BILLS
557 

•S 2792 RS

1 (7) The effectiveness of the Department of De2 fense in maintaining the accountability for, and 

3 overseeing the appropriate use of, the Afghan Secu4 rity Forces Fund. 

5 (8) The status of efforts to recruit, integrate, 

6 retain, and train women in the Afghan National De7 fense and Security Forces. 

8 (9) Any other matter the Under Secretary con9 siders appropriate. 

10 SEC. 1215. SENSE OF SENATE AND BRIEFING ON COUNTER11 TERRORISM POSTURE OF THE UNITED 

12 STATES AFTER TRANSITION OF UNITED 

13 STATES ARMED FORCES FROM AFGHANI14 STAN. 

15 (a) SENSE OF SENATE.—It is the sense of the Senate 

16 that— 

17 (1) the United States should ensure that Af18 ghanistan will not be a source of planning, plotting, 

19 or projection of terrorist attacks around the globe, 

20 including against the United States homeland; 

21 (2) the intelligence community’s annual threat 

22 assessment for 2021 warned that ISIS and al-Qaeda 

23 remain among ‘‘the greatest . . . terrorist threats to 

24 U.S. interests overseas; they also seek to conduct at25 tacks inside the United States, although sustained 


Pbinns on DSKJLVW7X2PROD with BILLS
558 

•S 2792 RS

1 U.S. and allied [counterterrorism] pressure has 

2 broadly degraded their capability to do so’’; 

3 (3) the Afghan Study Group advised ‘‘that a 

4 complete U.S. withdrawal without a peace agreement 

5 would allow [al-Qaeda and ISIS] to gradually re6 build their capabilities in the Afghanistan-Pakistan 

7 region such that they might be able to attack the 

8 U.S. homeland within eighteen to thirty-six 

9 months’’; 

10 (4) in the February 2020 agreement signed be11 tween the United States and the Taliban, the 

12 Taliban promised not to allow ‘‘other individuals or 

13 groups, including al-Qaeda, to use the soil of Af14 ghanistan to threaten the security of the United 

15 States and its allies’’; 

16 (5) in a report to the United Nations Security 

17 Council in May 2020, a United Nations monitoring 

18 team assessed that ‘‘al-Qaeda has been operating 

19 covertly in Afghanistan while still maintaining close 

20 relations with the Taliban’’; 

21 (6) the transition of United States and coalition 

22 forces from Afghanistan by September 11, 2021, 

23 should not be perceived as marking the end of ef24 forts by the United States and its allies and partVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
559 

•S 2792 RS

1 ners to counter and degrade the threat from al2 Qaeda, ISIS, and other terrorist groups; and 

3 (7) the United States should continue to devote 

4 sufficient resources, intelligence collection capabili5 ties, and analysis to counter the terrorist threat 

6 from al-Qaeda, ISIS, and other terrorist groups that 

7 may seek to use Afghanistan as a safe haven. 

8 (b) BRIEFING.—Not later than January 15, 2022, 

9 the Secretary of Defense, in coordination with the Director 

10 of National Intelligence, shall brief the appropriate com11 mittees of Congress on— 

12 (1) the intelligence, surveillance, and reconnais13 sance capabilities and the access, basing, and over14 flight requirements necessary— 

15 (A) to determine whether the Taliban is 

16 abiding by its commitment to break ties with al17 Qaeda; 

18 (B) to determine whether al-Qaeda and 

19 ISIS have rebuilt their capabilities in Afghani20 stan such that al-Qaeda and ISIS threaten the 

21 security of the United States and its allies; and 

22 (C) to support counterterrorism operations 

23 necessary to degrade the ability of al-Qaeda and 

24 ISIS to threaten the United States and its alVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
560 

•S 2792 RS

1 lies in the event that al-Qaeda or ISIS rebuilds 

2 their capabilities; and 

3 (2) a plan for fulfilling such requirements. 

4 (c) APPROPRIATE COMMITTEES OF CONGRESS DE5 FINED.—In this section, the term ‘‘appropriate commit6 tees of Congress’’ means— 

7 (1) the Committee on Armed Services, the 

8 Committee on Appropriations, the Committee on 

9 Foreign Relations, and the Select Committee on In10 telligence of the Senate; and 

11 (2) the Committee on Armed Services, the 

12 Committee on Appropriations, the Committee on 

13 Foreign Affairs, and the Permanent Select Com14 mittee on Intelligence of the House of Representa15 tives. 

16 Subtitle C—Matters Relating to 

17 Syria, Iraq, and Iran 

18 SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY 

19 TO PROVIDE ASSISTANCE TO VETTED SYRIAN 

20 GROUPS AND INDIVIDUALS. 

21 (a) EXTENSION.—Subsection (a) of section 1209 of 

22 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

23 Defense Authorization Act for Fiscal Year 2015 (Public 

24 Law 113–291; 127 Stat. 3451) is amended by striking 


Pbinns on DSKJLVW7X2PROD with BILLS
561 

•S 2792 RS

1 ‘‘December 31, 2021’’ and inserting ‘‘December 31, 

2 2022’’. 

3 (b) NOTICE BEFORE PROVISION OF ASSISTANCE.— 

4 Subsection (b)(2) of such section is amended by striking 

5 subparagraph (A) and inserting the following: 

6 ‘‘(A) not later than 15 days before the ex7 penditure of the first 25 percent of the total 

8 amount authorized to be appropriated in any 

9 fiscal year under this section; or’’. 

10 (c) TECHNICAL AMENDMENT.—The table of contents 

11 for the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na12 tional Defense Authorization Act for Fiscal Year 2015 

13 (Public Law 113–291; 127 Stat. 3293) is amended by 

14 striking the item relating to section 1209 and inserting 

15 the following: 

‘‘Sec. 1209. Authority to provide assistance to vetted Syrian groups and individuals.’’. 

16 SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY 

17 TO SUPPORT OPERATIONS AND ACTIVITIES 

18 OF THE OFFICE OF SECURITY COOPERATION 

19 IN IRAQ. 

20 (a) LIMITATION ON AMOUNT.—Subsection (c) of sec21 tion 1215 of the National Defense Authorization Act for 

22 Fiscal Year 2012 (10 U.S.C. 113 note) is amended by 

23 striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal year 

24 2022’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
562 

•S 2792 RS

1 (b) SOURCE OF FUNDS.—Subsection (d) of such sec2 tion is amended by striking ‘‘fiscal year 2021’’ and insert3 ing ‘‘fiscal year 2022’’. 

4 (c) LIMITATION ON AVAILABILITY OF FUNDS.—Sub5 section (h) of such section is amended to read as follows: 

6 ‘‘(h) LIMITATION ON AVAILABILITY OF FUNDS.—Of 

7 the amount authorized to be appropriated by this Act for 

8 fiscal year 2022 to carry out this section, not more than 

9 $10,000,000 may be obligated or expended for the Office 

10 of Security Cooperation in Iraq until the date on which 

11 the Secretary of Defense provides to the congressional de12 fense committees, the Committee on Foreign Relations of 

13 the Senate, and the Committee on Foreign Affairs of the 

14 House of Representatives a report that— 

15 ‘‘(1) details further steps to reorganize the Of16 fice in a manner similar to that of other security co17 operation offices in the region and indicates whether 

18 such reorganization will be achieved by 2023; 

19 ‘‘(2) describes progress made toward the con20 tinuation of bilateral engagement with the Govern21 ment of Iraq, with the objective of establishing a 

22 joint mechanism for security assistance planning; 

23 ‘‘(3) includes a five-year security assistance 

24 roadmap for developing sustainable military capacity 


Pbinns on DSKJLVW7X2PROD with BILLS
563 

•S 2792 RS

1 and capabilities and enabling defense institution 

2 building and reform; and 

3 ‘‘(4) describes progress made toward, and a 

4 timeline for, the transition of the preponderance of 

5 funding for the activities of the Office from current 

6 sources to the Foreign Military Financing Adminis7 trative Fund and the Foreign Military Sales Trust 

8 Fund Administrative Surcharge Account in future 

9 years.’’. 

10 SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY 

11 TO PROVIDE ASSISTANCE TO COUNTER THE 

12 ISLAMIC STATE OF IRAQ AND SYRIA. 

13 (a) IN GENERAL.—Subsection (a) of section 1236 of 

14 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

15 Defense Authorization Act for Fiscal Year 2015 (Public 

16 Law 113–291; 128 Stat. 3558) is amended by striking 

17 ‘‘December 31, 2021’’ and inserting ‘‘December 31, 

18 2022’’. 

19 (b) FUNDING.—Subsection (g) of such section is 

20 amended— 

21 (1) by striking ‘‘fiscal year 2021’’ and inserting 

22 ‘‘fiscal year 2022’’; and 

23 (2) by striking ‘‘$322,500,000’’ and inserting 

24 ‘‘$345,000,000’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
564 

•S 2792 RS

1 (c) COST-SHARING REQUIREMENT.—Subsection (k) 

2 of such section is amended— 

3 (1) by striking ‘‘60 percent’’ and inserting ‘‘75 

4 percent’’; and 

5 (2) by striking ‘‘50 percent’’ and inserting ‘‘25 

6 percent’’. 

7 (d) ASSESSMENT AND AUTHORITY TO ASSIST DI8 RECTLY CERTAIN COVERED GROUPS.—Subsection 

9 (l)(1)(B) of such section is amended— 

10 (1) by striking clause (ii); 

11 (2) by redesignating clauses (iii) through (vii) 

12 as clauses (ii) through (vi), respectively; 

13 (3) in clause (iv), as redesignated, by striking 

14 ‘‘, and once established, the Iraqi Sunni National 

15 Guard.’’; and 

16 (4) by adding at the end the following new 

17 clauses (vii) and (viii): 

18 ‘‘(vii) Whether the Shia militias are 

19 gaining new malign capabilities or improv20 ing such capabilities, and whether the Gov21 ernment of Iraq is acting to counter or 

22 suppress those capabilities. 

23 ‘‘(viii) Whether the Government of 

24 Iraq is acting to ensure the safety of 

25 United States Government personnel and 


Pbinns on DSKJLVW7X2PROD with BILLS
565 

•S 2792 RS

1 citizens, as well as the safety of United 

2 States facilities.’’. 

3 Subtitle D—Matters Relating to Eu4 rope and the Russian Federa5 tion 

6 SEC. 1231. EXTENSION OF LIMITATION ON MILITARY CO7 OPERATION BETWEEN THE UNITED STATES 

8 AND THE RUSSIAN FEDERATION. 

9 Section 1232 of the National Defense Authorization 

10 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 

11 2488) is amended by striking ‘‘2020, or 2021’’ and insert12 ing ‘‘2020, 2021, or 2022’’. 

13 SEC. 1232. EXTENSION OF PROHIBITION ON AVAILABILITY 

14 OF FUNDS RELATING TO SOVEREIGNTY OF 

15 THE RUSSIAN FEDERATION OVER CRIMEA. 

16 Section 1233(a) of the William M. (Mac) Thornberry 

17 National Defense Authorization Act for Fiscal Year 2021 

18 (Public Law 116–283) is amended by striking ‘‘2021’’ and 

19 inserting ‘‘2021 or 2022’’. 

20 SEC. 1233. EXTENSION OF UKRAINE SECURITY ASSISTANCE 

21 INITIATIVE. 

22 Section 1250 of the National Defense Authorization 

23 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

24 1608) is amended— 

25 (1) in subsection (c)— 


Pbinns on DSKJLVW7X2PROD with BILLS
566 

•S 2792 RS

1 (A) in paragraph (1), by striking ‘‘fiscal 

2 year 2021’’ and inserting ‘‘fiscal year 2022’’; 

3 (B) in paragraph (3), by striking ‘‘fiscal 

4 year 2021’’ and inserting ‘‘fiscal year 2022’’; 

5 and 

6 (C) in paragraph (5), by striking ‘‘fiscal 

7 year 2021’’ and inserting ‘‘fiscal year 2022’’; 

8 (2) in subsection (f), by adding at the end the 

9 following new paragraph: 

10 ‘‘(7) For fiscal year 2022, $300,000,000.’’; and 

11 (3) in subsection (h), by striking ‘‘December 

12 31, 2023’’ and inserting ‘‘December 31, 2024’’. 

13 SEC. 1234. EXTENSION OF AUTHORITY FOR TRAINING FOR 

14 EASTERN EUROPEAN NATIONAL SECURITY 

15 FORCES IN THE COURSE OF MULTILATERAL 

16 EXERCISES. 

17 Subsection (h) of section 1251 of the National De18 fense Authorization Act for Fiscal Year 2016 (10 U.S.C. 

19 333 note) is amended— 

20 (1) in the first sentence, by striking ‘‘December 

21 31, 2023’’ and inserting ‘‘December 31, 2024’’; and 

22 (2) in the second sentence, by striking ‘‘the pe23 riod beginning on October 1, 2015, and ending on 

24 December 31, 2023’’ and inserting ‘‘the period beVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
567 

•S 2792 RS

1 ginning on October 1, 2015, and ending on Decem2 ber 31, 2024.’’. 

3 SEC. 1235. SENSE OF SENATE ON THE NORTH ATLANTIC 

4 TREATY ORGANIZATION. 

5 It is the sense of the Senate that— 

6 (1) the success of the North Atlantic Treaty 

7 Organization (NATO) is critical to achieving United 

8 States national security objectives in Europe and 

9 around the world; 

10 (2) NATO remains the strongest and most suc11 cessful military alliance in the world, founded on a 

12 commitment by its members to uphold the principles 

13 of democracy, individual liberty, and the rule of law; 

14 (3) NATO’s contributions to collective defense 

15 are indispensable to the security, prosperity, and 

16 freedom of its members; 

17 (4) the United States reaffirms its ironclad 

18 commitment to NATO as the foundation of trans19 atlantic security and to upholding its obligations 

20 under the North Atlantic Treaty, including Article 5; 

21 (5) NATO is meant to be an alliance of coun22 tries with shared democratic values and the United 

23 States reaffirms its commitment to Article 2 of the 

24 North Atlantic Treaty, which states the following: 

25 ‘‘The Parties will contribute toward the further deVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
568 

•S 2792 RS

1 velopment of peaceful and friendly international rela2 tions by strengthening their free institutions, by 

3 bringing about a better understanding of the prin4 ciples upon which these institutions are founded, and 

5 by promoting conditions of stability and well-being. 

6 They will seek to eliminate conflict in their inter7 national economic policies and will encourage eco8 nomic collaboration between any or all of them.’’; 

9 (6) the commitment of NATO allies during 18 

10 years of security, humanitarian, and stabilization op11 erations in Afghanistan has been invaluable, and the 

12 sacrifices of NATO allies deserve the highest order 

13 of respect and gratitude; 

14 (7) the United States remains focused on long15 term strategic competition with Russia, and a strong 

16 NATO alliance plays an essential role in addressing 

17 such competition and mitigating shared security con18 cerns; 

19 (8) the United States should— 

20 (A) deepen defense cooperation with non21 NATO European partners, bilaterally and as 

22 part of the NATO alliance; and 

23 (B) encourage security sector cooperation 

24 between NATO and non-NATO defense part25 ners that complements and strengthens collecVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
569 

•S 2792 RS

1 tive defense, interoperability, and allies’ com2 mitment to Article 3 of the North Atlantic 

3 Treaty; 

4 (9) bolstering NATO cooperation and enhanc5 ing security relationships with non-NATO European 

6 partners to counter Russian aggression, including 

7 Russia’s use of hybrid warfare tactics and its will8 ingness to use military power to alter the status quo, 

9 strengthens the United States security interests for 

10 long-term strategic competition; 

11 (10) the European Deterrence Initiative, 

12 through investments to increase United States mili13 tary presence, bolster exercises and training, en14 hance pre-positioning of equipment, improve infra15 structure, and build partner capacity, and invest16 ments toward such efforts by NATO allies and other 

17 allies and partners, remain critical to ensuring col18 lective defense in the future; 

19 (11) the United States should— 

20 (A) continue to support efforts by NATO 

21 allies to replace Soviet-era military systems and 

22 equipment with systems that are interoperable 

23 among NATO members; and 

24 (B) work with NATO allies and other al25 lies and partners to build permanent mechaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
570 

•S 2792 RS

1 nisms to strengthen supply chains, enhance 

2 supply chain security, and fill supply chain 

3 gaps, including in critical sectors such as de4 fense, energy, and health; and 

5 (12) the United States and NATO allies 

6 should— 

7 (A) continue— 

8 (i) to carry out key initiatives to en9 hance readiness, military mobility, and na10 tional resilience in support of NATO’s on11 going COVID–19 pandemic response ef12 forts; 

13 (ii) to collaborate on ways to enhance 

14 collective security, with a focus on emerg15 ing and revolutionary technologies such as 

16 quantum computing, artificial intelligence, 

17 fifth generation telecommunications net18 works, and machine learning; and 

19 (iii) to build on recent progress in 

20 achieving defense spending goals agreed to 

21 at the 2014 Wales Summit and reaffirmed 

22 at the 2016 Warsaw Summit and the 2021 

23 Brussels Summit, and to build consensus 

24 to invest in the full range of defense capaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
571 

•S 2792 RS

1 bilities necessary to deter and defend 

2 against potential adversaries; and 

3 (B) expand cooperation efforts on cyberse4 curity issues to prevent adversaries and crimi5 nals from compromising critical systems and in6 frastructure. 

7 SEC. 1236. SENSE OF SENATE ON CONTINUING SUPPORT 

8 FOR ESTONIA, LATVIA, AND LITHUANIA. 

9 It is the sense of the Senate that— 

10 (1) the United States should continue to 

11 prioritize support for efforts by the Baltic states of 

12 Estonia, Latvia, and Lithuania to build and invest 

13 in critical security areas, as such efforts are impor14 tant to achieving United States national security ob15 jectives; 

16 (2) Estonia, Latvia, and Lithuania play a cru17 cial role in strategic efforts— 

18 (A) to deter the Russian Federation; and 

19 (B) to maintain the collective security of 

20 the North Atlantic Treaty Organization alli21 ance; 

22 (3) the United States should continue to pursue 

23 efforts consistent with the comprehensive, multilat24 eral assessment of the military requirements of EsVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
572 

•S 2792 RS

1 tonia, Latvia, and Lithuania provided to Congress in 

2 December 2020; 

3 (4) the Baltic security cooperation roadmap has 

4 proven to be a successful model to enhance 

5 intraregional Baltic planning and cooperation, par6 ticularly with respect to longer-term regional capa7 bility projects, including— 

8 (A) integrated air defense; 

9 (B) maritime domain awareness; 

10 (C) command, control, communications, 

11 computers, intelligence, surveillance, and recon12 naissance; and 

13 (D) Special Operations Forces develop14 ment; 

15 (5) Estonia, Latvia, and Lithuania are to be 

16 commended for their efforts to pursue joint procure17 ment of select defense capabilities and should ex18 plore additional areas for joint collaboration; and 

19 (6) the Department of Defense should— 

20 (A) continue efforts to enhance interoper21 ability among Estonia, Latvia, and Lithuania 

22 and in support of North Atlantic Treaty Orga23 nization efforts; 

24 (B) encourage infrastructure and other 

25 host-country support improvements that will enVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
573 

•S 2792 RS

1 hance United States and allied military mobility 

2 across the region; 

3 (C) invest in efforts to improve resilience 

4 to hybrid threats and cyber defenses in Estonia, 

5 Latvia, and Lithuania; and 

6 (D) support planning and budgeting ef7 forts of Estonia, Latvia, and Lithuania that are 

8 regionally synchronized. 

9 Subtitle E—Matters Relating to the 

10 Indo-Pacific Region 

11 SEC. 1241. EXTENSION AND MODIFICATION OF INDO-PA12 CIFIC MARITIME SECURITY INITIATIVE. 

13 (a) ASSISTANCE AND TRAINING.—Subsection (a)(1) 

14 of section 1263 of the National Defense Authorization Act 

15 for Fiscal Year 2016 (10 U.S.C. 333 note) is amended, 

16 in the matter preceding subparagraph (A), by striking 

17 ‘‘for the purpose of’’ and all that follows through ‘‘Indian 

18 Ocean’’ and inserting ‘‘with the primary goal of increasing 

19 multilateral maritime security cooperation and maritime 

20 domain awareness of foreign countries in the area of re21 sponsibility of the United States Indo-Pacific Command’’. 

22 (b) RECIPIENT COUNTRIES.—Subsection (b) of such 

23 section is amended to read as follows: 

24 ‘‘(b) RECIPIENT COUNTRIES.—The foreign countries 

25 that may be provided assistance and training under subVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
574 

•S 2792 RS

1 section (a) are the countries located within the area of 

2 responsibility of the United States Indo-Pacific Com3 mand.’’. 

4 (c) TYPES OF ASSISTANCE AND TRAINING.—Sub5 section (c)(1) of such section is amended by striking 

6 ‘‘small-scale military construction’’ and inserting ‘‘small7 scale construction (as defined in section 301 of title 10, 

8 United States Code)’’. 

9 (d) PRIORITIES FOR ASSISTANCE AND TRAINING.— 

10 Subsection (d) of such section is amended to read as fol11 lows: 

12 ‘‘(d) PRIORITIES FOR ASSISTANCE AND TRAINING.— 

13 In developing programs for assistance or training to be 

14 provided under subsection (a), the Secretary of Defense 

15 shall prioritize assistance, training, or both, to enhance— 

16 ‘‘(1) multilateral cooperation and coordination 

17 among recipient countries; or 

18 ‘‘(2) the capabilities of a recipient country to 

19 more effectively participate in a regional organiza20 tion of which the recipient country is a member.’’. 

21 (e) INCREMENTAL EXPENSES OF PERSONNEL OF

22 CERTAIN OTHER COUNTRIES FOR TRAINING.—Subsection 

23 (e) of such section is amended to read as follows: 

24 ‘‘(e) INCREMENTAL EXPENSES OF PERSONNEL OF

25 RECIPIENT COUNTRIES FOR TRAINING.—If the Secretary 


Pbinns on DSKJLVW7X2PROD with BILLS
575 

•S 2792 RS

1 of Defense determines that the payment of incremental 

2 expenses (as defined in section 301 of title 10, United 

3 States Code) in connection with training described in sub4 section (a)(1)(B) will facilitate the participation in such 

5 training of organization personnel of recipient countries 

6 described in subsection (b), the Secretary may use 

7 amounts available under subsection (f) for assistance and 

8 training under subsection (a) for the payment of such in9 cremental expenses.’’. 

10 (f) AVAILABILITY OF FUNDS.—Subsection (f) of such 

11 section is amended to read as follows: 

12 ‘‘(f) AVAILABILITY OF FUNDS.—Of the amounts au13 thorized to be appropriated for each of fiscal years 2022 

14 through 2027 for the Department of Defense, Operation 

15 and Maintenance, Defense-wide, $50,000,000 may be 

16 made available for the provision of assistance and training 

17 under subsection (a).’’. 

18 (g) LIMITATIONS.—Such section is further amend19 ed— 

20 (1) by striking subsection (i); 

21 (2) by redesignating subsections (g) and (h) as 

22 subsections (h) and (i), respectively; and 

23 (3) by inserting after subsection (f) the fol24 lowing new subsection (g): 

25 ‘‘(g) LIMITATIONS.— 


Pbinns on DSKJLVW7X2PROD with BILLS
576 

•S 2792 RS

1 ‘‘(1) ASSISTANCE OTHERWISE PROHIBITED BY

2 LAW.—The Secretary of Defense may not use the 

3 authority in subsection (a) to provide any type of as4 sistance described in subsection (c) that is otherwise 

5 prohibited by any provision of law. 

6 ‘‘(2) PROHIBITION ON ASSISTANCE TO UNITS

7 THAT HAVE COMMITTED GROSS VIOLATIONS OF

8 HUMAN RIGHTS.—The provision of assistance pursu9 ant to a program under subsection (a) shall be sub10 ject to the provisions of section 362 of title 10, 

11 United States Code. 

12 ‘‘(3) SECURITY COOPERATION.—Assistance, 

13 training, and exercises with recipient countries de14 scribed in subsection (b) shall be planned and 

15 prioritized consistent with applicable guidance relat16 ing to the security cooperation program and activi17 ties of the Department of Defense. 

18 ‘‘(4) ASSESSMENT, MONITORING, AND EVALUA19 TION.—The provision of assistance and training pur20 suant to a program under subsection (a) shall be 

21 subject to the provisions of section 383 of title 10, 

22 United States Code.’’. 

23 (h) NOTICE TO CONGRESS ON ASSISTANCE AND

24 TRAINING.—Subsection (h)(1) of such section, as so re25 designated, is amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
577 

•S 2792 RS

1 (1) by amending subparagraph (B) to read as 

2 follows: 

3 ‘‘(B) A detailed justification of the pro4 gram for the provision of the assistance or 

5 training concerned, its relationship to United 

6 States security interests, and an explanation of 

7 the manner in which such assistance or training 

8 will increase multilateral maritime security co9 operation or maritime domain awareness.’’; and 

10 (2) in subparagraph (G) by striking ‘‘the geo11 graphic combatant command concerned’’ and insert12 ing ‘‘the United States Indo-Pacific Command’’. 

13 (i) ANNUAL MONITORING REPORT.—Subsection (i) 

14 of such section, as so redesignated, is amended— 

15 (1) in paragraph (1)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘March 1, 2020’’ and inserting 

18 ‘‘March 1, 2022’’; 

19 (B) by redesignating subparagraphs (A) 

20 through (G) as subparagraphs (B) through (H), 

21 respectively; 

22 (C) by inserting before subparagraph (B), 

23 as so redesignated, the following new subpara24 graph (A): 


Pbinns on DSKJLVW7X2PROD with BILLS
578 

•S 2792 RS

1 ‘‘(A) The overall strategy for improving 

2 multilateral maritime security cooperation and 

3 maritime domain awareness across the theater, 

4 including an identification of the following: 

5 ‘‘(i) Priority countries and associated 

6 capabilities across the theater. 

7 ‘‘(ii) Strategic objectives for the Indo8 Pacific Maritime Security Initiative across 

9 the theater, lines of effort, and desired end 

10 results for such lines of effort. 

11 ‘‘(iii) Significant challenges to improv12 ing multilateral maritime security coopera13 tion and maritime domain awareness 

14 across the theater and the manner in 

15 which the United States Indo-Pacific Com16 mand is seeking to address such chal17 lenges.’’; and 

18 (D) in subparagraph (B), as so redesig19 nated— 

20 (i) in clause (ii), by striking the semi21 colon and inserting ‘‘; and’’; and 

22 (ii) by adding at the end the following 

23 new clause: 

24 ‘‘(iii) how such capabilities can be le25 veraged to improve multilateral maritime 


Pbinns on DSKJLVW7X2PROD with BILLS
579 

•S 2792 RS

1 security cooperation and maritime domain 

2 awareness.’’; and 

3 (2) in paragraph (2), by striking ‘‘subsection 

4 (g)(2)’’ and inserting ‘‘subsection (h)(2)’’. 

5 (j) EXPIRATION.—Subsection (j) of such section is 

6 amended by striking ‘‘December 31, 2025’’ and inserting 

7 ‘‘December 31, 2027’’. 

8 SEC. 1242. EXTENSION AND MODIFICATION OF PACIFIC DE9 TERRENCE INITIATIVE. 

10 (a) EXTENSION.—Subsection (c) of section 1251 of 

11 the William M. (Mac) Thornberry National Defense Au12 thorization Act for Fiscal Year 2021 (Public Law 116– 

13 283) is amended— 

14 (1) by striking ‘‘fiscal year 2021’’ and inserting 

15 ‘‘fiscal year 2022’’; 

16 (2) by striking ‘‘$2,234,958,000 is’’ and insert17 ing ‘‘such sums as may be necessary are’’; and 

18 (3) by striking ‘‘, as specified in the funding ta19 bles in division D of this Act’’. 

20 (b) REPORT ON RESOURCING UNITED STATES DE21 FENSE REQUIREMENTS FOR THE INDO-PACIFIC REGION

22 AND STUDY ON COMPETITIVE STRATEGIES.—Such sec23 tion is further amended— 

24 (1) by redesignating subsections (d) through (g) 

25 as subsections (e) through (h), respectively; 


Pbinns on DSKJLVW7X2PROD with BILLS
580 

•S 2792 RS

1 (2) by inserting after subsection (c) the fol2 lowing new subsection (d): 

3 ‘‘(d) REPORT ON RESOURCING UNITED STATES DE4 FENSE REQUIREMENTS FOR THE INDO-PACIFIC REGION

5 AND STUDY ON COMPETITIVE STRATEGIES.— 

6 ‘‘(1) REPORT REQUIRED.— 

7 ‘‘(A) IN GENERAL.—At the same time as 

8 the submission of the budget of the President 

9 (submitted to Congress pursuant to section 

10 1105 of title 31, United States Code) for fiscal 

11 year 2023, and annually thereafter through fis12 cal year 2025, the Commander of the United 

13 States Indo-Pacific Command shall submit to 

14 the congressional defense committees a report 

15 containing the independent assessment of the 

16 Commander with respect to the activities and 

17 resources required, for the first fiscal year be18 ginning after the date of submission of the re19 port and the four following fiscal years, to 

20 achieve the following objectives: 

21 ‘‘(i) The implementation of the Na22 tional Defense Strategy with respect to the 

23 Indo-Pacific region. 

24 ‘‘(ii) The maintenance or restoration 

25 of the comparative military advantage of 


Pbinns on DSKJLVW7X2PROD with BILLS
581 

•S 2792 RS

1 the United States with respect to the Peo2 ple’s Republic of China. 

3 ‘‘(iii) The reduction of the risk of exe4 cuting contingency plans of the Depart5 ment of Defense. 

6 ‘‘(B) MATTERS TO BE INCLUDED.—The 

7 report required under subparagraph (A) shall 

8 include the following: 

9 ‘‘(i) With respect to the achievement 

10 of the objectives described in subparagraph 

11 (A), a description of the intended force 

12 structure and posture of assigned and allo13 cated forces in each of the following: 

14 ‘‘(I) West of the International 

15 Date Line. 

16 ‘‘(II) In States outside the con17 tiguous United States east of the 

18 International Date Line. 

19 ‘‘(III) In the contiguous United 

20 States. 

21 ‘‘(ii) An assessment of capabilities re22 quirements to achieve such objectives. 

23 ‘‘(iii) An assessment of logistics re24 quirements, including personnel, equipVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
582 

•S 2792 RS

1 ment, supplies, storage, and maintenance 

2 needs to achieve such objectives. 

3 ‘‘(iv) An identification of required in4 frastructure and military construction in5 vestments to achieve such objectives. 

6 ‘‘(v) An assessment of security co7 operation activities or resources required to 

8 achieve such objectives. 

9 ‘‘(vi)(I) A plan to fully resource 

10 United States force posture and capabili11 ties, including— 

12 ‘‘(aa) a detailed assessment of 

13 the resources necessary to address the 

14 elements described in clauses (i) 

15 through (v), including specific cost es16 timates for recommended investments 

17 or projects— 

18 ‘‘(AA) to modernize and 

19 strengthen the presence of the 

20 United States Armed Forces, in21 cluding those with advanced ca22 pabilities; 

23 ‘‘(BB) to improve logistics 

24 and maintenance capabilities and 


Pbinns on DSKJLVW7X2PROD with BILLS
583 

•S 2792 RS

1 the pre-positioning of equipment, 

2 munitions, fuel, and materiel; 

3 ‘‘(CC) to carry out a pro4 gram of exercises, training, ex5 perimentation, and innovation for 

6 the joint force; 

7 ‘‘(DD) to improve infra8 structure to enhance the respon9 siveness and resiliency of the 

10 United States Armed Forces; 

11 ‘‘(EE) to build the defense 

12 and security capabilities, capac13 ity, and cooperation of allies and 

14 partners; and 

15 ‘‘(FF) to improve capabili16 ties available to the United 

17 States Indo-Pacific Command; 

18 ‘‘(bb) a detailed timeline to 

19 achieve the intended force structure 

20 and posture described in clause (i). 

21 ‘‘(II) The specific cost estimates re22 quired by subclause (I)(aa) shall, to the 

23 maximum extent practicable, include the 

24 following: 


Pbinns on DSKJLVW7X2PROD with BILLS
584 

•S 2792 RS

1 ‘‘(aa) With respect to procure2 ment accounts— 

3 ‘‘(AA) amounts displayed by 

4 account, budget activity, line 

5 number, line item, and line item 

6 title; and 

7 ‘‘(BB) a description of the 

8 requirements for each such 

9 amount. 

10 ‘‘(bb) With respect to research, 

11 development, test, and evaluation ac12 counts— 

13 ‘‘(AA) amounts displayed by 

14 account, budget activity, line 

15 number, program element, and 

16 program element title; and 

17 ‘‘(BB) a description of the 

18 requirements for each such 

19 amount. 

20 ‘‘(cc) With respect to operation 

21 and maintenance accounts— 

22 ‘‘(AA) amounts displayed by 

23 account title, budget activity 

24 title, line number, and subactivity 

25 group title; and 


Pbinns on DSKJLVW7X2PROD with BILLS
585 

•S 2792 RS

1 ‘‘(BB) a description of the 

2 specific manner in which each 

3 such amount would be used. 

4 ‘‘(dd) With respect to military 

5 personnel accounts— 

6 ‘‘(AA) amounts displayed by 

7 account, budget activity, budget 

8 subactivity, and budget sub9 activity title; and 

10 ‘‘(BB) a description of the 

11 requirements for each such 

12 amount. 

13 ‘‘(ee) With respect to each 

14 project under military construction ac15 counts (including unspecified minor 

16 military construction and amounts for 

17 planning and design), the country, lo18 cation, project title, and project 

19 amount for each fiscal year. 

20 ‘‘(ff) With respect to any expend21 iture or proposed appropriation not 

22 described in items (aa) through (ee), a 

23 level of detail equivalent to or greater 

24 than the level of detail provided in the 

25 future-years defense program subVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
586 

•S 2792 RS

1 mitted pursuant to section 221(a) of 

2 title 10, United States Code. 

3 ‘‘(C) FORM.—The report required under 

4 subparagraph (A) may be submitted in classi5 fied form, but shall include an unclassified sum6 mary. 

7 ‘‘(D) AVAILABILITY.—Not later than Feb8 ruary 1 each year, the Commander of the 

9 United States Indo-Pacific Command shall 

10 make the report available to the Secretary of 

11 Defense, the Under Secretary of Defense for 

12 Policy, the Under Secretary of Defense (Comp13 troller), the Director of Cost Assessment and 

14 Program Evaluation, the Chairman of the Joint 

15 Chiefs of Staff, the Secretaries of the military 

16 departments, and the chiefs of staff of each 

17 military service. 

18 ‘‘(2) BRIEFINGS REQUIRED.— 

19 ‘‘(A) INITIAL BRIEFING.—Not later than 

20 15 days after the submission of the budget of 

21 the President (submitted to Congress pursuant 

22 to section 1105 of title 31, United States Code) 

23 for fiscal year 2023, the Secretary of Defense 

24 (acting through the Under Secretary of Defense 

25 for Policy, the Under Secretary of Defense 


Pbinns on DSKJLVW7X2PROD with BILLS
587 

•S 2792 RS

1 (Comptroller), and the Director of Cost Assess2 ment and Program Evaluation) and the Chair3 man of the Joint Chiefs of Staff shall provide 

4 to the congressional defense committees a joint 

5 briefing, and any written comments the Sec6 retary of Defense and the Chairman of the 

7 Joint Chiefs of Staff consider necessary, with 

8 respect to their assessments of the report sub9 mitted under paragraph (1), including their as10 sessments of the feasibility and advisability of 

11 the plan required by subparagraph (B)(vi) of 

12 that paragraph. 

13 ‘‘(B) SUBSEQUENT BRIEFING.—Not later 

14 than 30 days after the submission of the budget 

15 of the President (submitted to Congress pursu16 ant to section 1105 of title 31, United States 

17 Code) for each of fiscal years 2024 and 2025, 

18 the Secretary of the Air Force, the Secretary of 

19 the Army, and the Secretary of the Navy shall 

20 provide to the congressional defense committees 

21 a joint briefing, and documents as appropriate, 

22 with respect to their assessments of the report 

23 submitted under paragraph (1), including their 

24 assessments of the feasibility and advisability of 


Pbinns on DSKJLVW7X2PROD with BILLS
588 

•S 2792 RS

1 the plan required by subparagraph (B)(vi) of 

2 that paragraph.’’; 

3 (3) by amending subsection (e), as redesig4 nated, to read as follows: 

5 ‘‘(e) PLAN REQUIRED.—At the same time as the sub6 mission of the budget of the President (submitted to Con7 gress pursuant to section 1105 of title 31, United States 

8 Code) for fiscal year 2023, and annually thereafter 

9 through fiscal year 2025, the Secretary, in consultation 

10 with the Commander of the United States Indo-Pacific 

11 Command, shall submit to the congressional defense com12 mittees a report on future year activities and resources 

13 for the Initiative that includes the following: 

14 ‘‘(1) A description of the activities and re15 sources for the first fiscal year beginning after the 

16 date of submission of the report and the plan for not 

17 fewer than the four following fiscal years, orga18 nized— 

19 ‘‘(A) functionally, by the activities de20 scribed in paragraphs (1) through (5) of sub21 section (b); and 

22 ‘‘(B) geographically by— 

23 ‘‘(i) areas west of the International 

24 Date Line; 


Pbinns on DSKJLVW7X2PROD with BILLS
589 

•S 2792 RS

1 ‘‘(ii) States outside the contiguous 

2 United States east of the International 

3 Date Line; and 

4 ‘‘(iii) States in the contiguous United 

5 States. 

6 ‘‘(2) A summary of progress made toward 

7 achieving the purposes of the Initiative. 

8 ‘‘(3) A summary of the activity, resource, capa9 bility, infrastructure, and logistics requirements nec10 essary to achieve measurable progress in reducing 

11 risk to the joint force’s ability to achieve objectives 

12 in the region. 

13 ‘‘(4) A detailed timeline to achieve the require14 ments identified under paragraph (3). 

15 ‘‘(5) A detailed explanation of any significant 

16 modifications to such requirements, as compared to 

17 plans previously submitted under this subsection. 

18 ‘‘(6) Any other matter, as determined by the 

19 Secretary.’’; and 

20 (4) in subsection (g), as redesignated, by strik21 ing ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’. 

22 SEC. 1243. EXTENSION OF AUTHORITY TO TRANSFER 

23 FUNDS FOR BIEN HOA DIOXIN CLEANUP. 

24 Section 1253(b) of the William M. (Mac) Thornberry 

25 National Defense Authorization Act for Fiscal Year 2021 


Pbinns on DSKJLVW7X2PROD with BILLS
590 

•S 2792 RS

1 (Public Law 116–283) is amended by striking ‘‘fiscal year 

2 2021’’ and inserting ‘‘fiscal year 2022’’. 

3 SEC. 1244. COOPERATIVE PROGRAM WITH VIETNAM TO AC4 COUNT FOR VIETNAMESE PERSONNEL MISS5 ING IN ACTION. 

6 (a) IN GENERAL.—The Secretary of Defense, in co7 ordination with the heads of other relevant Federal de8 partments and agencies, may carry out a cooperative pro9 gram with the Ministry of Defense of Vietnam and other 

10 entities of the Government of Vietnam to assist in ac11 counting for Vietnamese personnel missing in action. 

12 (b) PURPOSE.—The purpose of the cooperative pro13 gram under subsection (a) is to carry out the following 

14 activities: 

15 (1) Collection, digitization, and sharing of ar16 chival information. 

17 (2) Building the capacity of Vietnam to conduct 

18 archival research, investigations, and excavations. 

19 (3) Improving DNA analysis capacity. 

20 (4) Increasing veteran-to-veteran exchanges. 

21 (5) Other support activities the Secretary of 

22 Defense considers necessary and appropriate. 

23 (c) TERMINATION.—The authority provided by sub24 section (a) shall terminate on October 1, 2026. 


Pbinns on DSKJLVW7X2PROD with BILLS
591 

•S 2792 RS

1 SEC. 1245. ASSESSMENT OF AND PLAN FOR IMPROVING 

2 THE DEFENSIVE ASYMMETRIC CAPABILITIES 

3 OF TAIWAN. 

4 (a) ASSESSMENT.—The Secretary of Defense, in co5 ordination with the heads of other relevant Federal de6 partments and agencies, shall conduct an assessment of— 

7 (1) the current defensive asymmetric capabili8 ties of Taiwan and the ability of Taiwan to defend 

9 itself from external conventional military threats; 

10 (2) the applicability of Department of Defense 

11 authorities for improving the defensive asymmetric 

12 capabilities of Taiwan in accordance with the Tai13 wan Relations Act (Public Law 96–8; 22 U.S.C. 

14 3301 et seq.); 

15 (3) the feasibility and advisability of assisting 

16 Taiwan in the domestic production of defensive 

17 asymmetric capabilities, including through the trans18 fer of intellectual property, co-development, or co19 production arrangements; 

20 (4) the plans, tactics, techniques, and proce21 dures underpinning the defensive asymmetric capa22 bilities of Taiwan; 

23 (5) the interoperability of current and future 

24 defensive asymmetric capabilities of Taiwan with the 

25 military capabilities of the United States and its al26 lies and partners; and 


Pbinns on DSKJLVW7X2PROD with BILLS
592 

•S 2792 RS

1 (6) any other matter the Secretary of Defense 

2 considers appropriate. 

3 (b) PLAN.—The Secretary of Defense shall develop 

4 a plan for assisting Taiwan in improving its defensive 

5 asymmetric capabilities that includes— 

6 (1) recommendations for new Department of 

7 Defense authorities, or modifications to existing De8 partment authorities, necessary to improve the de9 fensive asymmetric capabilities of Taiwan in accord10 ance with the Taiwan Relations Act (Public Law 

11 96–8; 22 U.S.C. 3301 et seq.); 

12 (2) an identification of opportunities for key 

13 leader and subject matter expert engagement be14 tween Department personnel and military and civil15 ian counterparts in Taiwan; and 

16 (3) an identification of challenges and opportu17 nities for leveraging non-Department authorities, re18 sources, and capabilities to improve the defensive 

19 asymmetric capabilities of Taiwan in accordance 

20 with the Taiwan Relations Act (Public Law 96–8; 

21 22 U.S.C. 3301 et seq.). 

22 (c) REPORT.—Not later than 180 days after the date 

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

24 shall submit to the appropriate committees of Congress— 


Pbinns on DSKJLVW7X2PROD with BILLS
593 

•S 2792 RS

1 (1) a report on the results of the assessment re2 quired by subsection (a); and 

3 (2) the plan required by subsection (b). 

4 (d) DEFINITIONS.—In this section: 

5 (1) APPROPRIATE COMMITTEES OF CON6 GRESS.—The term ‘‘appropriate committees of Con7 gress’’ means— 

8 (A) the Committee on Armed Services, the 

9 Committee on Foreign Relations, and the Select 

10 Committee on Intelligence of the Senate; and 

11 (B) the Committee on Armed Services, the 

12 Committee on Foreign Affairs, and the Perma13 nent Select Committee on Intelligence of the 

14 House of Representatives. 

15 (2) DEFENSIVE ASYMMETRIC CAPABILITIES.— 

16 The term ‘‘defensive asymmetric capabilities’’ means 

17 the capabilities necessary to defend Taiwan against 

18 conventional external threats, including coastal de19 fense missiles, naval mines, anti-aircraft capabilities, 

20 cyber defenses, and special operations forces. 

21 SEC. 1246. ANNUAL FEASIBILITY BRIEFING ON COOPERA22 TION BETWEEN THE NATIONAL GUARD AND 

23 TAIWAN. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that the United States should— 


Pbinns on DSKJLVW7X2PROD with BILLS
594 

•S 2792 RS

1 (1) continue to support the development of ca2 pable, ready, and modern defense forces necessary 

3 for Taiwan to maintain a sufficient self-defense ca4 pability by increasing exchanges between senior de5 fense officials and general officers of the United 

6 States and Taiwan at the strategic, policy, and func7 tional levels, consistent with the Taiwan Travel Act 

8 (Public Law 115–135; 132 Stat. 341), especially for 

9 the purposes of— 

10 (A) improving the interoperability of the 

11 military forces of the United States and Tai12 wan; 

13 (B) improving the reserve forces of Tai14 wan; and 

15 (C) expanding cooperation in humanitarian 

16 assistance and disaster relief; 

17 (2) expand and strengthen Taiwan’s capability 

18 to conduct security activities, including traditional 

19 activities of the combatant commands, cooperation 

20 with the National Guard, and through multilateral 

21 activities; and 

22 (3) using appropriate authorities and consistent 

23 with the Taiwan Relations Act (Public Law 96–8; 

24 22 U.S.C. 3301 et seq.), seek to develop a partner25 ship between the National Guard and Taiwan as a 


Pbinns on DSKJLVW7X2PROD with BILLS
595 

•S 2792 RS

1 means of maintaining a sufficient self-defense capa2 bility. 

3 (b) BRIEFING.— 

4 (1) IN GENERAL.—Not later than February 15, 

5 2022, and annually thereafter, the Secretary of De6 fense shall provide to the congressional defense com7 mittees a briefing on the feasibility and advisability 

8 of enhanced cooperation between the National Guard 

9 and Taiwan. 

10 (2) ELEMENTS.—Each briefing required by 

11 paragraph (1) shall include the following: 

12 (A) A description of the cooperation be13 tween the National Guard and Taiwan during 

14 the preceding calendar year, including mutual 

15 visits, exercises, training, and equipment oppor16 tunities. 

17 (B) An evaluation of the feasibility of en18 hancing cooperation between the National 

19 Guard and Taiwan on a range of activities, in20 cluding— 

21 (i) disaster and emergency response; 

22 (ii) cyber defense and communications 

23 security; 

24 (iii) military medical cooperation; 


Pbinns on DSKJLVW7X2PROD with BILLS
596 

•S 2792 RS

1 (iv) Mandarin-language education and 

2 cultural exchange; and 

3 (v) programs for National Guard advi4 sors to assist in training the reserve com5 ponents of the military forces of Taiwan. 

6 (C) Recommendations to enhance such co7 operation and improve interoperability, includ8 ing through familiarization visits, cooperative 

9 training and exercises, and co-deployments. 

10 (D) Any other matter the Secretary of De11 fense considers appropriate. 

12 SEC. 1247. DEFENSE OF TAIWAN. 

13 (a) DEFINITIONS.—In this section: 

14 (1) DENY.—The term ‘‘deny’’ means to use 

15 combined joint operations to delay, degrade, and ul16 timately defeat an attempt by the People’s Republic 

17 of China to execute a fait accompli against Taiwan, 

18 resulting in— 

19 (A) the termination of hostilities or at 

20 least the attempted fait accompli; or 

21 (B) the neutralization of the ability of the 

22 People’s Republic of China to execute a fait 

23 accompli against Taiwan. 

24 (2) FAIT ACCOMPLI.—The term ‘‘fait accompli’’ 

25 refers to the strategy of the People’s Republic of 


Pbinns on DSKJLVW7X2PROD with BILLS
597 

•S 2792 RS

1 China for invading and seizing control of Taiwan be2 fore the United States Armed Forces can respond 

3 effectively, while simultaneously deterring an effec4 tive combined joint response by the United States 

5 Armed Forces by convincing the United States that 

6 mounting such a response would be prohibitively dif7 ficult or costly. 

8 (b) STATEMENT OF POLICY.—It shall be the policy 

9 of the United States to maintain the ability of the United 

10 States Armed Forces to deny a fait accompli against Tai11 wan in order to deter the People’s Republic of China from 

12 using military force to unilaterally change the status quo 

13 with Taiwan. 

14 SEC. 1248. COMPARATIVE ANALYSES AND REPORTS ON EF15 FORTS BY THE UNITED STATES AND THE 

16 PEOPLE’S REPUBLIC OF CHINA TO ADVANCE 

17 CRITICAL MODERNIZATION TECHNOLOGY 

18 WITH RESPECT TO MILITARY APPLICATIONS. 

19 (a) COMPARATIVE ANALYSES.— 

20 (1) DEVELOPMENT OF PROCEDURES.— 

21 (A) IN GENERAL.—Not later than 270 

22 days after the date of the enactment of this 

23 Act, the Under Secretary of Defense for Re24 search and Engineering, in coordination with 

25 the Director of the Office of Net Assessment, 


Pbinns on DSKJLVW7X2PROD with BILLS
598 

•S 2792 RS

1 shall develop procedures by which comparative 

2 analyses, including the assessments under para3 graph (2), shall be conducted. 

4 (B) ELEMENTS.—The procedures devel5 oped under subparagraph (A)— 

6 (i) shall include processes— 

7 (I) by which senior officials of 

8 the Department of Defense may re9 quest that such comparative analyses 

10 be conducted with respect to a specific 

11 technology, sector, or system of inter12 est; 

13 (II) by which teams of technical, 

14 industrial, policy, intelligence, and 

15 operational experts consisting of per16 sonnel of the Department and private 

17 sector organizations may be estab18 lished for the purpose of conducting 

19 such comparative analyses; 

20 (III) to ensure adequate funding 

21 to support the conduct of such com22 parative analyses; and 

23 (IV) by which classified and un24 classified information, including nec25 essary data, records, and technical inVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
599 

•S 2792 RS

1 formation, may be shared with De2 partment personnel for the purpose of 

3 carrying out such comparative anal4 yses; and 

5 (ii) may include the development of 

6 quantitative and qualitative metrics for use 

7 in, and new intelligence collection require8 ments to support, such comparative anal9 yses. 

10 (2) COMPARATIVE ANALYSIS ASSESSMENTS.— 

11 (A) IN GENERAL.—The Under Secretary, 

12 in coordination with the Director of the Office 

13 of Net Assessment, shall conduct a comparative 

14 analysis assessment of the efforts of the United 

15 States Government and the Government of the 

16 People’s Republic of China to develop and de17 ploy critical modernization technology with re18 spect to military applications in each of the fol19 lowing areas of critical modernization tech20 nology: 

21 (i) Directed energy systems. 

22 (ii) Hypersonics. 

23 (iii) Emerging biotechnologies. 

24 (iv) Quantum science. 

25 (v) Cyberspace capabilities. 


Pbinns on DSKJLVW7X2PROD with BILLS
600 

•S 2792 RS

1 (B) ELEMENTS.—Each comparative anal2 ysis assessment under subparagraph (A) shall 

3 include an evaluation of each of the following: 

4 (i) With respect to the applicable area 

5 of critical modernization technology de6 scribed in subparagraph (A), research and 

7 development activities carried out in the 

8 United States and the People’s Republic of 

9 China by governmental entities and non10 governmental entities. 

11 (ii) The ability of research programs 

12 carried out by the United States Govern13 ment and the Government of the People’s 

14 Republic of China to achieve the goals of— 

15 (I) transitioning emerging tech16 nologies into acquisition efforts and 

17 operational use; and 

18 (II) incorporating emerging tech19 nologies into military applications. 

20 (iii) Operational effectiveness and 

21 suitability of current or planned defense 

22 systems of the United States and the Peo23 ple’s Republic of China, including relevant 

24 operational concepts relating to the appliVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
601 

•S 2792 RS

1 cation and operationalization of critical 

2 modernization technologies. 

3 (iv) The ability of defense systems of 

4 the United States and the People’s Repub5 lic of China to counter relevant threat ca6 pabilities. 

7 (b) REPORTS.— 

8 (1) INITIAL REPORT.—Not later than March 

9 15, 2022, the Under Secretary shall submit a report 

10 and provide a briefing to the congressional defense 

11 committees on efforts to develop the procedures re12 quired by subsection (a)(1). 

13 (2) SUBSEQUENT REPORTS.— 

14 (A) DIRECTED ENERGY SYSTEMS AND

15 HYPERSONICS.—Not later than December 31, 

16 2023, the Under Secretary shall submit to the 

17 congressional defense committees a report on 

18 the results of the comparative analysis assess19 ments conducted under clauses (i) and (ii) of 

20 subsection (a)(2)(A). 

21 (B) EMERGING BIOTECHNOLOGIES, QUAN22 TUM SCIENCE, AND CYBERSPACE CAPABILI23 TIES.—Not later than December 31, 2024, the 

24 Under Secretary shall submit to the congres25 sional defense committees a report on the reVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
602 

•S 2792 RS

1 sults of the comparative analysis assessments 

2 conducted under clauses (iii), (iv), and (v) of 

3 subsection (a)(2)(A). 

4 (C) ELEMENTS.—The reports required by 

5 subparagraphs (A) and (B) shall include the 

6 following for each such comparative analysis as7 sessment: 

8 (i) The results of the evaluation of 

9 each element described in subsection 

10 (a)(2)(B). 

11 (ii) A list of countries, other than the 

12 United States and the People’s Republic of 

13 China, with significant research and devel14 opment programs and activities designed 

15 to advance the applicable area of critical 

16 modernization technology described in sub17 section (a)(2)(A), and a discussion of such 

18 programs and activities for each such 

19 country. 

20 (iii) With respect to each such area of 

21 critical modernization technology, an iden22 tification of any area in which the degree 

23 of uncertainty due to an insufficient knowl24 edge base is such that an analysis of 

25 whether the United States or the People’s 


Pbinns on DSKJLVW7X2PROD with BILLS
603 

•S 2792 RS

1 Republic of China has an advantage would 

2 be inconclusive. 

3 (iv) A description of the limitations, 

4 constraints, and challenges encountered in 

5 carrying out the comparative analysis as6 sessment. 

7 (v) A description of any other re8 search and development efforts or elements 

9 the Under Secretary considers appropriate 

10 for purposes of the comparative analysis 

11 assessment. 

12 (vi) Recommendations with respect to 

13 additional activities by the Department 

14 necessary to address the findings of the 

15 comparative analysis assessment. 

16 (D) FORM.—The reports required by sub17 paragraphs (A) and (B) shall be submitted in 

18 unclassified form but may contain a classified 

19 annex. 

20 (c) AGREEMENT WITH A FEDERALLY FUNDED RE21 SEARCH AND DEVELOPMENT CORPORATION AUTHOR22 IZED.— 

23 (1) IN GENERAL.—The Under Secretary may 

24 enter into an agreement with a federally funded reVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
604 

•S 2792 RS

1 search and development corporation under which 

2 such corporation may— 

3 (A) carry out any part of a comparative 

4 analysis assessment required by subsection (a); 

5 or 

6 (B) prepare the reports required by sub7 section (b)(2). 

8 (2) NOTIFICATION.—If the Under Secretary en9 ters into an agreement under paragraph (1), the 

10 Under Secretary shall submit to the congressional 

11 defense committees a report that— 

12 (A) identifies the federally funded research 

13 and development corporation concerned; and 

14 (B) describes the scope of work under the 

15 agreement. 

16 (d) FUNDING.—Of the amounts authorized to be ap17 propriated by this Act for fiscal year 2022 for the Depart18 ment of Defense, up to $5,000,000 shall be made available 

19 to the Under Secretary— 

20 (1) to carry out any part of a comparative anal21 ysis assessment required by subsection (a); or 

22 (2) to prepare the reports required by sub23 section (b)(2). 


Pbinns on DSKJLVW7X2PROD with BILLS
605 

•S 2792 RS

1 SEC. 1249. MODIFICATION OF ANNUAL REPORT ON MILI2 TARY AND SECURITY DEVELOPMENTS IN3 VOLVING THE PEOPLE’S REPUBLIC OF 

4 CHINA. 

5 Section 1202 of the National Defense Authorization 

6 Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended 

7 to read as follows: 

8 ‘‘SEC. 1202. ANNUAL REPORT ON MILITARY AND SECURITY 

9 DEVELOPMENTS INVOLVING THE PEOPLE’S 

10 REPUBLIC OF CHINA. 

11 ‘‘(a) ANNUAL REPORT.—Not later than January 31 

12 of each year through January 31, 2027, the Secretary of 

13 Defense, in consultation with the heads of other Federal 

14 departments and agencies as appropriate, shall submit to 

15 the specified congressional committees a report on military 

16 and security developments involving the People’s Republic 

17 of China. 

18 ‘‘(b) MATTERS TO BE INCLUDED.—Each report 

19 under this section shall include analyses and forecasts, 

20 through the next 20 years, of the following: 

21 ‘‘(1) The goals, factors, and trends shaping 

22 Chinese security strategy and military strategy. 

23 ‘‘(2) The role of the People’s Liberation Army 

24 in the strategy, governance systems, and foreign and 

25 economic policies of the People’s Republic of China, 

26 including the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
606 

•S 2792 RS

1 ‘‘(A) Developments in the defense policy 

2 and military strategy of the People’s Republic 

3 of China, and the role and mission of the Peo4 ple’s Liberation Army with respect to such de5 velopments. 

6 ‘‘(B) The role of the People’s Liberation 

7 Army in the Chinese Communist Party, includ8 ing with respect to the structure and leadership 

9 of the Central Military Commission. 

10 ‘‘(C) The internal security role and affili11 ation of the People’s Liberation Army with the 

12 People’s Armed Police and other law enforce13 ment, intelligence, and paramilitary entities of 

14 the People’s Republic of China. 

15 ‘‘(3) The role of the People’s Liberation Army 

16 in, and its support of, the overall foreign policy of 

17 the People’s Republic of China, as expressed through 

18 military diplomacy and other external actions, activi19 ties, and operations, including the following: 

20 ‘‘(A) A description of Chinese military-to21 military relationships with other countries, in22 cluding— 

23 ‘‘(i) Chinese military attache ́ presence, 

24 activities, exercises, and agreements with 

25 the militaries of other countries; and 


Pbinns on DSKJLVW7X2PROD with BILLS
607 

•S 2792 RS

1 ‘‘(ii) military education programs con2 ducted— 

3 ‘‘(I) in the People’s Republic of 

4 China for militaries of other countries; 

5 or 

6 ‘‘(II) in other countries for per7 sonnel of the People’s Liberation 

8 Army. 

9 ‘‘(B) A description of any significant sale 

10 or transfer of military hardware, expertise, and 

11 technology to or from the People’s Republic of 

12 China, including— 

13 ‘‘(i) a forecast of possible future sales 

14 and transfers; 

15 ‘‘(ii) a description of the implications 

16 of such sales and transfers for the security 

17 of the United States and its partners and 

18 allies; and 

19 ‘‘(iii) a description of any significant 

20 assistance to and from any selling state 

21 with military-related research and develop22 ment programs in the People’s Republic of 

23 China. 

24 ‘‘(C) An assessment of relations between 

25 the People’s Republic of China and the Russian 


Pbinns on DSKJLVW7X2PROD with BILLS
608 

•S 2792 RS

1 Federation with respect to security and military 

2 matters, including mutual and competing inter3 ests and developments in such military-to-mili4 tary relationship. 

5 ‘‘(4) Developments in the military doctrine, 

6 operational concepts, joint command and organiza7 tional structures, and significant military operations 

8 and deployments of the People’s Liberation Army. 

9 ‘‘(5) Developments and future course of the 

10 services, theater-level commands, and paramilitary 

11 organizations of the People’s Liberation Army, in12 cluding the following: 

13 ‘‘(A) A description of the specific roles and 

14 missions, organization, capabilities, force struc15 ture, readiness, and modernization efforts of 

16 such services, theater-level commands, and 

17 paramilitary organizations. 

18 ‘‘(B) A summary of the order of battle of 

19 the People’s Liberation Army, including bal20 listic and cruise missile inventories. 

21 ‘‘(C) An assessment of developments relat22 ing to the China Coast Guard, including the 

23 manner in which the command structure of the 

24 China Coast Guard affects its status as a law 

25 enforcement entity, its interactions with the 


Pbinns on DSKJLVW7X2PROD with BILLS
609 

•S 2792 RS

1 Armed Forces of the United States, and the im2 plications for its use as a coercive tool in mari3 time disputes. 

4 ‘‘(6) Developments and future course of the 

5 theater-level commands of the People’s Liberation 

6 Army, including the roles and missions, structure, 

7 and size, location, and capabilities of the strategic, 

8 land, sea, air, and other forces of such theater-level 

9 commands. 

10 ‘‘(7) Developments in the People’s Liberation 

11 Army as a global actor, such as overseas military 

12 basing, military logistics capabilities and infrastruc13 ture to project power, and the overseas command 

14 and control structure of the People’s Liberation 

15 Army, including an assessment of Chinese overseas 

16 investments or projects likely, or with significant po17 tential, to be converted into military or intelligence 

18 assets of the People’s Republic of China. 

19 ‘‘(8) The strategy, policy, development, and 

20 modernization of key military capabilities of the Peo21 ple’s Republic of China across the People’s Libera22 tion Army, including an assessment of the following: 

23 ‘‘(A) The cyberwarfare and electronic war24 fare capabilities of the People’s Republic of 

25 China (including details on the number of maliVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
610 

•S 2792 RS

1 cious cyber incidents originating from the Peo2 ple’s Republic of China against Department of 

3 Defense infrastructure) and associated activities 

4 originating or suspected to have originated from 

5 the People’s Republic of China. 

6 ‘‘(B) The space and counter-space pro7 grams and capabilities of the People’s Republic 

8 of China. 

9 ‘‘(C) The nuclear program and capabilities 

10 of the People’s Republic of China, including— 

11 ‘‘(i) its nuclear strategy and associ12 ated doctrines; 

13 ‘‘(ii) the size and state of its stockpile 

14 and projections of its future arsenals; 

15 ‘‘(iii) its civil and military production 

16 capacities; and 

17 ‘‘(iv) the modernization and force 

18 structure of its strategic forces. 

19 ‘‘(D) The anti-access and area denial capa20 bilities of the People’s Republic of China. 

21 ‘‘(E) The command, control, communica22 tions, computers, intelligence, surveillance, and 

23 reconnaissance modernization program and ca24 pabilities of the People’s Republic of China and 

25 the applications for such program and capabiliVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
611 

•S 2792 RS

1 ties for the People’s Republic of China’s preci2 sion-guided weapons. 

3 ‘‘(9) Trends and developments in the budget, 

4 resources, strategies, and policies of the People’s 

5 Liberation Army with respect to science and tech6 nology, defense industry reform, and the use of espi7 onage and technology transfers by the People’s Re8 public of China, including the following: 

9 ‘‘(A) An assessment of the relationship be10 tween Chinese overseas investment (including 

11 the Belt and Road Initiative, the Digital Silk 

12 Road, and any state-owned or state-controlled 

13 digital or physical infrastructure projects of the 

14 People’s Republic of China) and Chinese secu15 rity and military strategy objectives, includ16 ing— 

17 ‘‘(i) a description of any Chinese in18 vestment or project, located in any other 

19 country, that is linked to military or intel20 ligence cooperation with such country, such 

21 as cooperation on satellite navigation or 

22 arms production; and 

23 ‘‘(ii) an assessment of the implications 

24 for United States military or governmental 

25 interests related to denial of access, comVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
612 

•S 2792 RS

1 promised intelligence activities, and net2 work advantages of Chinese investments or 

3 projects in other countries. 

4 ‘‘(B) Efforts (including by espionage and 

5 technology transfers through investment, indus6 trial espionage, cyber theft, academia, forced 

7 technological transfers, and other means) by 

8 the People’s Republic of China to develop, ac9 quire, or gain access to information, commu10 nication, space, and other advanced technologies 

11 that would enhance defense capabilities or oth12 erwise undermine the capability of the Depart13 ment of Defense to conduct information assur14 ance, including an assessment of the damage 

15 inflicted on the Department of Defense by such 

16 efforts. 

17 ‘‘(10) The strategy of the People’s Republic of 

18 China regarding Taiwan and the security situation 

19 in the Taiwan Strait, including the following: 

20 ‘‘(A) A detailed analysis of the posture of 

21 the forces of the People’s Liberation Army fac22 ing Taiwan. 

23 ‘‘(B) An assessment of any challenges dur24 ing the preceding year to the deterrent forces of 

25 the Republic of China on Taiwan, consistent 


Pbinns on DSKJLVW7X2PROD with BILLS
613 

•S 2792 RS

1 with the commitments made by the United 

2 States in the Taiwan Relations Act (Public Law 

3 96–8; 22 U.S.C. 3301 et seq.) 

4 ‘‘(11) The maritime strategy and military and 

5 nonmilitary activities in the South China Sea and 

6 East China Sea of the People’s Republic of China, 

7 including a description of the following: 

8 ‘‘(A) The role and activities of the People’s 

9 Liberation Army and maritime law enforcement 

10 and paramilitary entities of the People’s Repub11 lic of China. 

12 ‘‘(B) Any such activities in the South 

13 China Sea or East China Sea affecting United 

14 States military activities or the military activi15 ties of a United States ally or partner. 

16 ‘‘(12) The current state of United States mili17 tary-to-military contacts with the People’s Libera18 tion Army, including the following: 

19 ‘‘(A) A comprehensive and coordinated 

20 strategy for such military-to-military contacts 

21 and any necessary update to the strategy. 

22 ‘‘(B) A summary of all such military-to23 military contacts during the preceding fiscal 

24 year including a summary of topics discussed. 


Pbinns on DSKJLVW7X2PROD with BILLS
614 

•S 2792 RS

1 ‘‘(C) A description of such military-to-mili2 tary contacts scheduled for the 1-year period 

3 following the period covered by the report and 

4 the plan for future contacts. 

5 ‘‘(D) The Secretary’s assessment of the 

6 benefits the Chinese expect to gain from such 

7 military-to-military contacts. 

8 ‘‘(E) The Secretary’s assessment of the 

9 benefits the Department of Defense expects to 

10 gain from such military-to-military contacts, 

11 and any concerns regarding such contacts. 

12 ‘‘(F) The Secretary’s assessment of how 

13 such military-to-military contacts fit into the 

14 larger security relationship between the United 

15 States and the People’s Republic of China. 

16 ‘‘(G) The Secretary’s certification whether 

17 or not any military-to-military exchange or con18 tact was conducted during the period covered 

19 by the report in violation of section 1201(a). 

20 ‘‘(13) Any other significant military or security 

21 development involving the People’s Republic of 

22 China the Secretary considers relevant to United 

23 States national security. 


Pbinns on DSKJLVW7X2PROD with BILLS
615 

•S 2792 RS

1 ‘‘(c) FORM.—Each report required by subsection (a) 

2 shall be submitted in unclassified form but may include 

3 a classified annex. 

4 ‘‘(d) SPECIFIED CONGRESSIONAL COMMITTEES DE5 FINED.—In this section, the term ‘specified congressional 

6 committees’ means— 

7 ‘‘(1) the Committee on Armed Services, the 

8 Committee on Foreign Relations, and the Select 

9 Committee on Intelligence of the Senate; and 

10 ‘‘(2) the Committee on Armed Services, the 

11 Committee on Foreign Affairs, and the Permanent 

12 Select Committee on Intelligence of the House of 

13 Representatives.’’. 

14 SEC. 1250. FEASIBILITY REPORT ON ESTABLISHING MORE 

15 ROBUST MILITARY-TO-MILITARY CRISIS COM16 MUNICATIONS WITH THE PEOPLE’S REPUB17 LIC OF CHINA. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Secretary of De20 fense, in coordination with the heads of other relevant 

21 Federal departments and agencies, shall submit to the ap22 propriate committees of Congress a report on the feasi23 bility and advisability of establishing more robust military24 to-military communications with the People’s Republic of 

25 China. 


Pbinns on DSKJLVW7X2PROD with BILLS
616 

•S 2792 RS

1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) An articulation of— 

4 (A) the importance of robust military-to5 military communications with the People’s Re6 public of China; and 

7 (B) the utility of such communications to 

8 enable clear transmission of messages, avoid 

9 misunderstandings, reduce the possibility of 

10 miscalculation, and manage possible escalation 

11 in crisis situations. 

12 (2) A description of the current process and ca13 pabilities relating to crisis communications with the 

14 People’s Republic of China, including the means, lev15 els of seniority, and timelines for such communica16 tions. 

17 (3) An identification of opportunities for im18 proving military-to-military crisis communications 

19 with the People’s Republic of China, including the 

20 preferred means, levels of seniority, and timelines 

21 for such communications. 

22 (4) A roadmap, including milestones, for estab23 lishing processes and capabilities associated with the 

24 opportunities identified under paragraph (3). 


Pbinns on DSKJLVW7X2PROD with BILLS
617 

•S 2792 RS

1 (5) An identification of challenges to estab2 lishing more robust military-to-military crisis com3 munications with the People’s Republic of China. 

4 (6) Any other matter the Secretary of Defense 

5 considers appropriate. 

6 (c) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate commit8 tees of Congress’’ means— 

9 (1) the Committee on Armed Services, the 

10 Committee on Appropriations, and the Committee on 

11 Foreign Relations of the Senate; and 

12 (2) the Committee on Armed Services, the 

13 Committee on Appropriations, and the Committee on 

14 Foreign Affairs of the House of Representatives. 

15 SEC. 1251. SEMIANNUAL BRIEFINGS ON EFFORTS TO DETER 

16 CHINESE AGGRESSION AND MILITARY COER17 CION. 

18 (a) IN GENERAL.—Not later than January 15, 2022, 

19 and every 180 days thereafter through 2024, the Sec20 retary of Defense shall provide to the congressional de21 fense committees a briefing on Department of Defense ef22 forts to deter Chinese aggression and military coercion. 

23 (b) ELEMENTS.—Each briefing required by sub24 section (a) shall include a description of— 


Pbinns on DSKJLVW7X2PROD with BILLS
618 

•S 2792 RS

1 (1) Department efforts to strengthen deterrence 

2 of Chinese aggression and military coercion, includ3 ing below the level of armed conflict and outside the 

4 Indo-Pacific region; 

5 (2) the manner in which resources provided 

6 through the Pacific Deterrence Initiative are being 

7 applied in support of such efforts; 

8 (3) the extent to which such efforts are coordi9 nated with, and complement, efforts of other Federal 

10 departments and agencies to deter Chinese aggres11 sion and military coercion; 

12 (4) the manner in which the Department seeks 

13 to leverage military-to-military relationships, com14 bined training and exercises, information and intel15 ligence sharing, and security assistance to allies and 

16 partners in support of such efforts; and 

17 (5) any other matter the Secretary considers 

18 relevant. 

19 SEC. 1252. SENSE OF CONGRESS ON DEFENSE ALLIANCES 

20 AND PARTNERSHIPS IN THE INDO-PACIFIC 

21 REGION. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 


Pbinns on DSKJLVW7X2PROD with BILLS
619 

•S 2792 RS

1 (1) The Interim National Security Strategic 

2 Guidance issued by the President in March 2021 

3 states the following: 

4 (A) ‘‘For decades, our allies have stood by 

5 our side against common threats and adver6 saries, and worked hand-in-hand to advance our 

7 shared interests and values. They are a tremen8 dous source of strength and a unique American 

9 advantage, helping to shoulder the responsibil10 ities required to keep our nation safe and our 

11 people prosperous.’’. 

12 (B) ‘‘Our democratic alliances enable us to 

13 present a common front, produce a unified vi14 sion, and pool our strength to promote high 

15 standards, establish effective international 

16 rules, and hold countries like China to ac17 count.’’. 

18 (C) ‘‘We will reaffirm, invest in, and mod19 ernize. . .our alliances with Australia, Japan, 

20 and the Republic of Korea—which, along with 

21 our other global alliances and partnerships, are 

22 America’s greatest strategic asset.’’. 

23 (2) On January 19, 2021, Secretary of Defense 

24 Lloyd J. Austin III stated to the Committee on 

25 Armed Services of the Senate, ‘‘[o]ur alliances and 


Pbinns on DSKJLVW7X2PROD with BILLS
620 

•S 2792 RS

1 partnerships globally—including the defense tools at 

2 our disposal to engage them, and more fundamen3 tally the mutual security commitments and interests 

4 we pursue to maintain them—are an asymmetric 

5 strategic advantage that our competitors do not pos6 sess. The strength of this network of defense rela7 tions cannot be taken for granted.’’. 

8 (3) On November 13, 2019, General Mark 

9 Milley stated to reporters, ‘‘[w]e are committed to a 

10 free and open Indo-Pacific region, and will maintain 

11 very, very close security ties with our partner na12 tions in the area.’’. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the Secretary of Defense should recommit to 

15 and strengthen United States defense alliances and part16 nerships in the Indo-Pacific region so as to further the 

17 comparative advantage of the United States in strategic 

18 competition with the People’s Republic of China, including 

19 by— 

20 (1) enhancing cooperation with Japan, con21 sistent with the Treaty of Mutual Cooperation and 

22 Security Between the United States of America and 

23 Japan, including by developing advanced military ca24 pabilities, fostering interoperability across all doVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
621 

•S 2792 RS

1 mains, and improving sharing of information and in2 telligence; 

3 (2) reinforcing the United States alliance with 

4 the Republic of Korea, consistent with the Mutual 

5 Defense Treaty Between the United States and the 

6 Republic of Korea, in support of the shared objective 

7 of a peaceful and stable Korean Peninsula; 

8 (3) fostering bilateral and multilateral coopera9 tion with Australia, consistent with the Australia, 

10 New Zealand, United States Security Treaty, to ad11 vance shared security objectives and build the capa12 bilities of emerging partners; 

13 (4) advancing United States alliances with the 

14 Philippines and Thailand and United States partner15 ships with other partners in the Association of 

16 Southeast Asian Nations to enhance maritime do17 main awareness, promote sovereignty and territorial 

18 integrity, and collaborate on vetting Chinese invest19 ments in strategic technology sectors and critical in20 frastructure; 

21 (5) broadening the engagement of the United 

22 States with India, including through the Quadrilat23 eral Security Dialogue— 

24 (A) to advance the shared objective of a 

25 free and open Indo-Pacific region through bilatVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
622 

•S 2792 RS

1 eral and multilateral engagements and partici2 pation in military exercises, expanded defense 

3 trade, and collaboration on humanitarian aid 

4 and disaster response; and 

5 (B) to enable greater cooperation on mari6 time security and the threat of global 

7 pandemics, including COVID–19; 

8 (6) strengthening the United States partnership 

9 with Taiwan, consistent with the Three 

10 Communique ́s, the Taiwan Relations Act (Public 

11 Law 96–8; 22 U.S.C. 3301 et seq.), and the Six As12 surances, with the goal of improving Taiwan’s asym13 metric defensive capabilities and promoting peaceful 

14 cross-strait relations; and 

15 (7) reinforcing the status of the Republic of 

16 Singapore as a Major Security Cooperation Partner 

17 of the United States and continuing to strengthen 

18 defense and security cooperation between the mili19 tary forces of the Republic of Singapore and the 

20 Armed Forces of the United States, including 

21 through participation in combined exercises and 

22 training, including the use of the Foreign Military 

23 Sales Training Center at Ebbing Air National Guard 

24 Base in Fort Smith, Arkansas. 


Pbinns on DSKJLVW7X2PROD with BILLS
623 

•S 2792 RS

1 Subtitle F—Reports 

2 SEC. 1261. REPORT ON SECURITY COOPERATION AUTHORI3 TIES AND ASSOCIATED RESOURCING IN SUP4 PORT OF THE SECURITY FORCE ASSISTANCE 

5 BRIGADES. 

6 Not later than 90 days after the date of the enact7 ment of this Act, the Secretary of Defense shall submit 

8 to the Committees on Armed Services of the Senate and 

9 House of Representatives a report that— 

10 (1) assesses the adequacy of existing Depart11 ment of Defense security cooperation authorities and 

12 associated resourcing in support of the ability of the 

13 Security Force Assistance Brigades of the Army to 

14 effectively fulfill the security cooperation require15 ments of the combatant commands; and 

16 (2) identifies any gap in such authorities or as17 sociated resourcing. 

18 SEC. 1262. INDEPENDENT ASSESSMENT WITH RESPECT TO 

19 ARCTIC REGION AND ESTABLISHMENT OF 

20 ARCTIC SECURITY INITIATIVE. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) the security, stability, and prosperity of the 

24 Arctic region are vital to the national interests of 

25 the United States; 


Pbinns on DSKJLVW7X2PROD with BILLS
624 

•S 2792 RS

1 (2) the United States should posture a military 

2 capability in the region that is able to project power, 

3 deter acts of aggression, and respond, if necessary, 

4 to threats within and arising from the Arctic region; 

5 (3) the defense of the United States and its al6 lies from the People’s Republic of China, the Rus7 sian Federation, the Democratic People’s Republic 

8 of Korea, and any other potential aggressor remains 

9 a top priority; 

10 (4) persistent efforts by the Department of De11 fense to realign United States forces in the Arctic 

12 region, and commit additional assets to and increase 

13 investments in the Arctic region, are necessary to 

14 maintain a robust United States commitment to the 

15 Arctic region; and 

16 (5) the United States commitment to freedom 

17 of navigation and ensuring free access to sea lanes 

18 and overflights for the Navy and the Air Force re19 mains a core security interest. 

20 (b) INDEPENDENT ASSESSMENT.— 

21 (1) IN GENERAL.—Not later than February 15, 

22 2022, the Commander of the United States North23 ern Command, in consultation and coordination with 

24 the Commander of the United States Indo-Pacific 

25 Command, the Commander of the United States EuVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
625 

•S 2792 RS

1 ropean Command, the military services, and the de2 fense agencies, shall conduct an independent assess3 ment with respect to the activities and resources re4 quired, for fiscal years 2023 through 2027, to 

5 achieve the following objectives: 

6 (A) The implementation of the National 

7 Defense Strategy and military service-specific 

8 strategies with respect to the Arctic region. 

9 (B) The maintenance or restoration of the 

10 comparative military advantage of the United 

11 States in response to great power competitors 

12 in the Arctic region. 

13 (C) The reduction of the risk of executing 

14 operation and contingency plans of the Depart15 ment of Defense. 

16 (D) To maximize execution of Department 

17 operation and contingency plans, in the event 

18 deterrence fails. 

19 (2) ELEMENTS.—The assessment required by 

20 paragraph (1) shall include the following: 

21 (A) An analysis of, and recommended 

22 changes to achieve, the required force structure 

23 and posture of assigned and allocated forces 

24 within the Arctic region for fiscal year 2027 


Pbinns on DSKJLVW7X2PROD with BILLS
626 

•S 2792 RS

1 necessary to achieve the objectives described in 

2 paragraph (1), which shall be informed by— 

3 (i) a review of United States military 

4 requirements based on operation and con5 tingency plans, capabilities of potential ad6 versaries, assessed gaps or shortfalls of the 

7 Armed Forces within the Arctic region, 

8 and scenarios that consider— 

9 (I) potential contingencies that 

10 commence in the Arctic region and 

11 contingencies that commence in other 

12 regions but affect the Arctic region; 

13 (II) use of near-, mid-, and far14 time horizons to encompass the range 

15 of circumstances required to test new 

16 concepts and doctrine; 

17 (III) supporting analyses that 

18 focus on the number of regionally pos19 tured military units and the quality of 

20 capability of such units; 

21 (ii) a review of current United States 

22 military force posture and deployment 

23 plans within the Arctic region, especially of 

24 Arctic-based forces that provide support to, 

25 or receive support from, the United States 


Pbinns on DSKJLVW7X2PROD with BILLS
627 

•S 2792 RS

1 Northern Command, the United States 

2 Indo-Pacific Command, or the United 

3 States European Command; 

4 (iii) an analysis of potential future re5 alignments of United States forces in the 

6 region, including options for strengthening 

7 United States presence, access, readiness, 

8 training, exercises, logistics, and pre-posi9 tioning; and 

10 (iv) any other matter the Commander 

11 of the United States Northern Command 

12 considers appropriate. 

13 (B) A discussion of any factor that may in14 fluence the United States posture, supported by 

15 annual wargames and other forms of research 

16 and analysis. 

17 (C) An assessment of capabilities require18 ments to achieve such objectives. 

19 (D) An assessment of logistics require20 ments, including personnel, equipment, supplies, 

21 storage, and maintenance needs to achieve such 

22 objectives. 

23 (E) An assessment and identification of re24 quired infrastructure and military construction 

25 investments to achieve such objectives. 


Pbinns on DSKJLVW7X2PROD with BILLS
628 

•S 2792 RS

1 (3) REPORT.— 

2 (A) IN GENERAL.—Not later than Feb3 ruary 15, 2022, the Commander of the United 

4 States Northern Command shall submit to the 

5 Secretary of Defense a report on the assess6 ment required by paragraph (1). 

7 (B) SUBMITTAL TO CONGRESS.— 

8 (i) IN GENERAL.—Not later than 30 

9 days after the date on which the Secretary 

10 receives the report under subparagraph 

11 (A), the Secretary shall submit to the con12 gressional defense committees— 

13 (I) a copy of the report, in its en14 tirety; and 

15 (II) any additional analysis or in16 formation, as the Secretary considers 

17 appropriate. 

18 (C) FORM.—The report required by sub19 paragraph (A), and any additional analysis or 

20 information provided under subparagraph 

21 (B)(i)(II), may be submitted in classified form, 

22 but shall include an unclassified summary. 

23 (c) ARCTIC SECURITY INITIATIVE.— 

24 (1) PLAN.— 


Pbinns on DSKJLVW7X2PROD with BILLS
629 

•S 2792 RS

1 (A) IN GENERAL.—Not later than 30 days 

2 after the date on which the Secretary receives 

3 the report under subsection (b)(3)(A), the Sec4 retary shall submit to the congressional defense 

5 committees a plan to carry out a program of 

6 activities to enhance security in the Arctic re7 gion. 

8 (B) OBJECTIVES.—The plan required by 

9 subparagraph (A) shall be— 

10 (i) consistent with the objectives de11 scribed in paragraph (1) of subsection (b); 

12 and 

13 (ii) informed by the assessment re14 quired by that paragraph. 

15 (C) ACTIVITIES.—The plan shall include 

16 the following prioritized activities to improve 

17 the design and posture of the joint force in the 

18 Arctic region: 

19 (i) Modernize and strengthen the 

20 presence of the Armed Forces, including 

21 those with advanced capabilities. 

22 (ii) Improve logistics and maintenance 

23 capabilities and the pre-positioning of 

24 equipment, munitions, fuel, and materiel. 


Pbinns on DSKJLVW7X2PROD with BILLS
630 

•S 2792 RS

1 (iii) Carry out a program of exercises, 

2 wargames, education, training, experimen3 tation, and innovation for the joint force. 

4 (iv) Improve infrastructure to enhance 

5 the responsiveness and resiliency of the 

6 Armed Forces. 

7 (2) ESTABLISHMENT.— 

8 (A) IN GENERAL.—Not later than fiscal 

9 year 2023, and contingent on the submittal of 

10 the plan required by paragraph (1), the Sec11 retary shall establish a program of activities to 

12 enhance security in the Arctic region, to be 

13 known as the ‘‘Arctic Security Initiative’’ (in 

14 this paragraph referred to as the ‘‘Initiative’’). 

15 (B) FIVE-YEAR PLAN FOR THE INITIA16 TIVE.— 

17 (i) IN GENERAL.—The Secretary, in 

18 consultation with the Commander of the 

19 United States Northern Command, shall 

20 submit to the congressional defense com21 mittees a future years plan for the activi22 ties and resources of the Initiative that in23 cludes the following: 

24 (I) A description of the activities 

25 and resources for the first fiscal year 


Pbinns on DSKJLVW7X2PROD with BILLS
631 

•S 2792 RS

1 beginning after the date on which the 

2 Initiative is established, and the plan 

3 for not fewer than the four subse4 quent fiscal years, organized by the 

5 activities described in paragraph 

6 (1)(C). 

7 (II) A summary of progress made 

8 toward achieving the objectives de9 scribed in subsection (b)(1). 

10 (III) A summary of the activity, 

11 resource, capability, infrastructure, 

12 and logistics requirements necessary 

13 to achieve measurable progress in re14 ducing risk to the ability of the joint 

15 force to achieve objectives in the Arc16 tic region, including, as appropriate, 

17 investments in— 

18 (aa) active and passive de19 fenses against— 

20 (AA) manned aircraft, 

21 surface vessels, and sub22 marines; 

23 (BB) unmanned naval 

24 systems; 


Pbinns on DSKJLVW7X2PROD with BILLS
632 

•S 2792 RS

1 (CC) unmanned aerial 

2 systems; and 

3 (DD) theater cruise, 

4 ballistic, and hypersonic mis5 siles; 

6 (bb) advanced long-range 

7 precision strike systems; 

8 (cc) command, control, com9 munications, computers, intel10 ligence, surveillance, and recon11 naissance systems; 

12 (dd) training and test range 

13 capacity, capability, and coordi14 nation; 

15 (ee) dispersed resilient and 

16 adaptive basing to support dis17 tributed operations, including ex18 peditionary airfields and ports, 

19 space launch facilities, and com20 mand posts; 

21 (ff) advanced critical muni22 tions; 

23 (gg) pre-positioned forward 

24 stocks of fuel, munitions, equip25 ment, and materiel; 


Pbinns on DSKJLVW7X2PROD with BILLS
633 

•S 2792 RS

1 (hh) distributed logistics and 

2 maintenance capabilities; 

3 (ii) strategic mobility assets, 

4 including icebreakers; 

5 (jj) improved interoper6 ability, logistics, transnational 

7 supply lines and infrastructure, 

8 and information sharing with al9 lies and partners, including sci10 entific missions; and 

11 (kk) information operations 

12 capabilities. 

13 (IV) A detailed timeline for 

14 achieving the requirements identified 

15 under subclause (III). 

16 (V) A detailed explanation of any 

17 significant modification to such re18 quirements, as compared to— 

19 (aa) the assessment required 

20 by subsection (b)(1) for the first 

21 fiscal year; and 

22 (bb) the plans previously 

23 submitted for each subsequent 

24 fiscal year. 


Pbinns on DSKJLVW7X2PROD with BILLS
634 

•S 2792 RS

1 (VI) Any other matter the Sec2 retary considers necessary. 

3 (ii) FORM.—The plan required by 

4 clause (i) shall be submitted in unclassified 

5 form but may include a classified annex. 

6 (iii) INCLUSION IN BUDGET MATE7 RIALS.—The Secretary shall include the 

8 plan required by clause (i) in the budget 

9 materials submitted by the Secretary in 

10 support of the budget of the President for 

11 fiscal years 2023 through 2027. 

12 SEC. 1263. ANNUAL REPORT AND BRIEFING ON GLOBAL 

13 FORCE MANAGEMENT ALLOCATION PLAN. 

14 (a) IN GENERAL.—Not later than October 31, 2022, 

15 and annually thereafter through 2024, the Secretary of 

16 Defense shall provide to the Committees on Armed Serv17 ices of the Senate and House of Representatives a classi18 fied report and a classified briefing on the Global Force 

19 Management Allocation Plan and its implementation. 

20 (b) REPORT.—Each report required by subsection (a) 

21 shall include a summary describing the Global Force Man22 agement Allocation Plan being implemented as of October 

23 1 of the year in which the report is provided. 

24 (c) BRIEFING.—Each briefing required by subsection 

25 (a) shall include the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
635 

•S 2792 RS

1 (1) A summary of the major modifications to 

2 global force allocation made during the preceding 

3 fiscal year that deviated from the Global Force Man4 agement Allocation Plan for that fiscal year as a re5 sult of a shift in strategic priorities, requests for 

6 forces, or other contingencies, and an explanation 

7 for such modifications. 

8 (2) A description of the major differences be9 tween the Global Force Management Allocation Plan 

10 for the current fiscal year and the Global Force 

11 Management Allocation Plan for the preceding fiscal 

12 year. 

13 (3) A description of any difference between the 

14 actual global allocation of forces, as of October 1 of 

15 the year in which the briefing is provided, and the 

16 forces stipulated in the Global Force Management 

17 Allocation Plan being implemented on that date. 

18 Subtitle G—Other Matters 

19 SEC. 1271. MODIFICATION OF UNITED STATES-ISRAEL OP20 ERATIONS-TECHNOLOGY COOPERATION 

21 WITHIN THE UNITED STATES-ISRAEL DE22 FENSE ACQUISITION ADVISORY GROUP. 

23 (a) IN GENERAL.—Section 1299M of the William M. 

24 (Mac) Thornberry National Defense Authorization Act for 

25 Fiscal Year 2021 (Public Law 116–283) is amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
636 

•S 2792 RS

1 (1) by striking the section heading and insert2 ing ‘‘ESTABLISHMENT OF UNITED STATES3 ISRAEL OPERATIONS-TECHNOLOGY WORKING

4 GROUP’’; 

5 (2) by amending subsection (a) to read as fol6 lows: 

7 ‘‘(a) REQUIREMENT.— 

8 ‘‘(1) IN GENERAL.—The Secretary of Defense, 

9 in consultation with the Secretary of State, shall 

10 take actions within the United States-Israel Defense 

11 Acquisition Advisory Group— 

12 ‘‘(A) to provide a standing forum for the 

13 United States and Israel to systematically share 

14 intelligence-informed military capability require15 ments; 

16 ‘‘(B) to identify military capability require17 ments common to the Department of Defense 

18 and the Ministry of Defense of Israel; 

19 ‘‘(C) to assist defense suppliers in the 

20 United States and Israel by assessing rec21 ommendations from such defense suppliers with 

22 respect to joint science, technology, research, 

23 development, test, evaluation, and production 

24 efforts; 


Pbinns on DSKJLVW7X2PROD with BILLS
637 

•S 2792 RS

1 ‘‘(D) to develop, as feasible and advisable, 

2 combined United States-Israel plans to re3 search, develop, procure, and field weapon sys4 tems and military capabilities as quickly and 

5 economically as possible to meet common capa6 bility requirements of the Department and the 

7 Ministry of Defense of Israel; and 

8 ‘‘(E) to seek ways to broaden Israeli co9 operation with— 

10 ‘‘(i) the signatories of the Abraham 

11 Accords; 

12 ‘‘(ii) Egypt; and 

13 ‘‘(iii) Jordan. 

14 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

15 this subsection shall be construed as requiring the 

16 termination of any existing United States defense 

17 activity, group, program, or partnership with 

18 Israel.’’; 

19 (3) by amending subsection (c) to read as fol20 lows: 

21 ‘‘(c) ESTABLISHMENT OF UNITED STATES-ISRAEL

22 OPERATIONS-TECHNOLOGY WORKING GROUP WITHIN

23 THE UNITED STATES-ISRAEL DEFENSE ACQUISITION AD24 VISORY GROUP.—Not later than one year after the date 

25 of the enactment of the National Defense Authorization 


Pbinns on DSKJLVW7X2PROD with BILLS
638 

•S 2792 RS

1 Act for Fiscal Year 2022, the Secretary of Defense, in 

2 consultation with the appropriate heads of other Federal 

3 agencies and with the concurrence of the Minister of De4 fense of Israel, shall establish, under the United States 

5 vice chairman of the United States-Israel Defense Acquisi6 tion Advisory Group, a United States-Israel Operations7 Technology Working Group to address operations and 

8 technology matters described in subsection (a)(1).’’; and 

9 (4) in subsection (d)(2), by striking ‘‘United 

10 States-Israel Defense Acquisition Advisory Group’’ 

11 each place it appears and inserting ‘‘United States12 Israel Operations-Technology Working Group’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

14 The table of contents for the William M. (Mac) Thorn15 berry National Defense Authorization Act for Fiscal Year 

16 2021 (Public Law 116–283) is amended by striking the 

17 item relating to section 1299M and inserting the following 

18 new item: 

‘‘Sec. 1299M. Establishment of United States-Israel Operations-Technology 

Working Group.’’. 

19 SEC. 1272. PROHIBITION ON SUPPORT FOR OFFENSIVE 

20 MILITARY OPERATIONS AGAINST THE 

21 HOUTHIS IN YEMEN. 

22 (a) IN GENERAL.—None of the funds authorized to 

23 be appropriated by this Act shall be made available to pro24 vide Department of Defense support for the Saudi-led coaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
639 

•S 2792 RS

1 lition’s offensive operations against the Houthis in Yemen, 

2 including for coalition strikes. 

3 (b) WAIVER.— 

4 (1) IN GENERAL.—The Secretary of Defense 

5 may waive the prohibition under subsection (a) if the 

6 Secretary— 

7 (A) determines that such a waiver is in the 

8 national security interests of the United States; 

9 (B) issues the waiver in writing; and 

10 (C) not more than 5 days after issuing the 

11 waiver, submits to the Committees on Armed 

12 Services of the Senate and House of Represent13 atives a notification that includes the text of 

14 the waiver and a justification for the waiver. 

15 (c) REPORT.—Not later than March 31, 2022, the 

16 Secretary of Defense, in consultation with the Director of 

17 National Intelligence and the Secretary of State, shall sub18 mit to the Committees on Armed Services of the Senate 

19 and House of Representatives a report on the obstructions 

20 that the Department of Defense has encountered in the 

21 delivery of humanitarian aid in Yemen, including the role 

22 of the Kingdom of Saudi Arabia and Ansar Allah in such 

23 obstruction. 

24 (d) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed to limit— 


Pbinns on DSKJLVW7X2PROD with BILLS
640 

•S 2792 RS

1 (1) United States counterterrorism cooperation 

2 with Saudi Arabia or the United Arab Emirates 

3 against al-Qaeda, the Islamic State of Iraq and 

4 Syria, or associated forces; or 

5 (2) United States operations to support efforts 

6 to defend against ballistic missile, cruise missile, un7 manned aerial vehicle, or explosive boat threats to 

8 international maritime traffic or civilian population 

9 centers in coalition countries, including locations in 

10 which citizens or nationals of the United States re11 side. 

12 SEC. 1273. REPEAL OF AUTHORIZATION OF NON-CONVEN13 TIONAL ASSISTED RECOVERY CAPABILITIES; 

14 MODIFICATION OF AUTHORITY FOR EXPEND15 ITURE OF FUNDS FOR CLANDESTINE ACTIVI16 TIES THAT SUPPORT OPERATIONAL PREPA17 RATION OF THE ENVIRONMENT. 

18 (a) REPEAL.—Section 943 of the Duncan Hunter 

19 National Defense Authorization Act for Fiscal Year 2009 

20 (Public Law 110–417; 122 Stat. 4578), as most recently 

21 amended by section 1299D of the William M. (Mac) 

22 Thornberry National Defense Authorization Act for Fiscal 

23 Year 2021 (Public Law 116–283), is repealed on Decem24 ber 31, 2022. 

25 (b) PLAN REQUIRED.— 


Pbinns on DSKJLVW7X2PROD with BILLS
641 

•S 2792 RS

1 (1) IN GENERAL.—Not later than 90 days after 

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

3 of Defense shall submit to the congressional defense 

4 committees a plan for transitioning the funding for 

5 activities currently conducted under the authority 

6 provided by such section 943 to the authority pro7 vided by section 127f of title 10, United States 

8 Code. 

9 (2) ELEMENTS.—The plan required by para10 graph (1) shall include the following: 

11 (A) An identification of the non-conven12 tional assisted recovery activities to be 

13 transitioned to the authority provided by such 

14 section 127f. 

15 (B) An identification of any legislative 

16 changes to such section 127f necessary to ac17 commodate the transition of activities currently 

18 funded under such section 943. 

19 (C) Any other matter the Secretary con20 siders relevant. 

21 (c) MODIFICATION OF AUTHORITY FOR EXPENDI22 TURE OF FUNDS FOR CLANDESTINE ACTIVITIES THAT

23 SUPPORT OPERATIONAL PREPARATION OF THE ENVIRON24 MENT.—Section 127f of title 10, United States Code, is 


Pbinns on DSKJLVW7X2PROD with BILLS
642 

•S 2792 RS

1 amended by adding at the end the following new sub2 section: 

3 ‘‘(f) NON-CONVENTIONAL ASSISTED RECOVERY CA4 PABILITIES.— Funding used to establish, develop, and 

5 maintain non-conventional assisted recovery capabilities 

6 under this section shall only be obligated and expended 

7 with the concurrence of the relevant Chief of Mission or 

8 Chiefs of Mission.’’. 

9 SEC. 1274. EXTENSION AND MODIFICATION OF AUTHORITY 

10 FOR CERTAIN PAYMENTS TO REDRESS IN11 JURY AND LOSS. 

12 (a) EXTENSION.—Subsection (a) of section 1213 of 

13 the National Defense Authorization Act for Fiscal Year 

14 2020 (Public Law 116–92; 133 Stat. 1629; 10 U.S.C. 

15 2731 note) is amended by striking ‘‘December 31, 2022’’ 

16 and inserting ‘‘December 31, 2023’’. 

17 (b) CONDITIONS ON PAYMENT.—Subsection (b)(1) of 

18 such section is amended to read as follows: 

19 ‘‘(1) the prospective foreign civilian recipient is 

20 not otherwise ineligible for payment under any other 

21 provision of law;’’. 

22 (c) PROCEDURES FOR SUBMITTAL OF CLAIMS.— 

23 Such section is further amended— 

24 (1) by redesignating subsections (d) through (h) 

25 as subsections (e) through (i), respectively; and 


Pbinns on DSKJLVW7X2PROD with BILLS
643 

•S 2792 RS

1 (2) by inserting after subsection (c) the fol2 lowing new subsection (d): 

3 ‘‘(d) PROCEDURES FOR SUBMITTAL OF CLAIMS.— 

4 ‘‘(1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of the National De6 fense Authorization Act for Fiscal Year 2022, the 

7 Secretary of Defense shall establish procedures to 

8 receive, evaluate, and respond to allegations of civil9 ian harm resulting from military operations involv10 ing the United States Armed Forces, a coalition that 

11 includes the United States, or a military organiza12 tion supporting the United States, including by the 

13 issuance of— 

14 ‘‘(A) a formal acknowledgment of such 

15 harm; 

16 ‘‘(B) a nonmonetary expression of condo17 lence; or 

18 ‘‘(C) an ex gratia payment. 

19 ‘‘(2) CONSULTATION.—In establishing the pro20 cedures under paragraph (1), the Secretary of De21 fense shall, as appropriate, consult with the Sec22 retary of State and nongovernmental organizations 

23 that focus on addressing civilian harm in conflict. 

24 ‘‘(3) POLICY UPDATES.—Not later than one 

25 year after the date of the enactment of the National 


Pbinns on DSKJLVW7X2PROD with BILLS
644 

•S 2792 RS

1 Defense Authorization Act for Fiscal Year 2022, the 

2 Secretary of Defense shall ensure that the proce3 dures established under paragraph (1) are formal4 ized through updates to the policy referred to in sec5 tion 936 of the John S. McCain National Defense 

6 Authorization Act for Fiscal Year 2019 (10 U.S.C. 

7 134 note).’’. 

8 (d) QUARTERLY REPORT.—Subsection (h) of such 

9 section, as redesignated, is amended by adding at the end 

10 the following new paragraph: 

11 ‘‘(3) The status of Department of Defense ef12 forts— 

13 ‘‘(A) to establish the claims procedures re14 quired under subsection (d)(1); and 

15 ‘‘(B) to implement this section.’’. 

16 SEC. 1275. SECRETARY OF DEFENSE STRATEGIC COMPETI17 TION INITIATIVE. 

18 (a) IN GENERAL.—The Secretary of Defense may 

19 provide funds for one or more Department of Defense ac20 tivities or programs described in subsection (c) that ad21 vance United States national security objectives for stra22 tegic competition with near-peer rivals. 

23 (b) PURPOSE.—The purpose of the authority under 

24 subsection (a) is to support Department efforts— 


Pbinns on DSKJLVW7X2PROD with BILLS
645 

•S 2792 RS

1 (1) to compete asymmetrically at the strategic 

2 level within and across domains with near-peer ri3 vals, including through the fulfillment of emergent 

4 and unanticipated requirements of the combatant 

5 commands; 

6 (2) to counter coercion by near-peer rivals 

7 against United States allies and partners in competi8 tion short of armed conflict, including by countering 

9 disinformation, malign foreign influence, and corrup10 tion by near-peer rivals to gain leverage or sow divi11 sion; and 

12 (3) to integrate with, support, and enable other 

13 Federal departments and agencies to advance United 

14 States influence and interests. 

15 (c) AUTHORIZED ACTIVITIES AND PROGRAMS.—Ac16 tivities and programs for which funds may be provided 

17 under subsection (a) are the following: 

18 (1) The provision of funds to pay for personnel 

19 expenses of foreign defense or security personnel for 

20 bilateral or regional security cooperation programs 

21 and joint exercises, in accordance with section 321 

22 of title 10, United States Code. 

23 (2) Humanitarian and civic assistance, in con24 sultation with the Secretary of State to the extent 

25 practicable, including— 


Pbinns on DSKJLVW7X2PROD with BILLS
646 

•S 2792 RS

1 (A) urgent and unanticipated humani2 tarian relief and reconstruction assistance; and 

3 (B) assistance for capacity building for dis4 aster response and risk reduction. 

5 (3) Defense support for stabilization and 

6 counter-extremism activities of other Federal depart7 ments and agencies, including activities under— 

8 (A) section 1210A of the National Defense 

9 Authorization Act for Fiscal Year 2020 (Public 

10 Law 116–92; 133 Stat. 1626); and 

11 (B) section 385 of title 10, United States 

12 Code. 

13 (4) Activities to build the institutional capacity 

14 of foreign national security forces, including efforts 

15 to counter corruption, in accordance with section 

16 332 of title 10, United States Code. 

17 (5) Activities to build the capabilities of the 

18 joint force and the security forces of United States 

19 allies and partners to conduct irregular warfare for 

20 strategic competition. 

21 (6) Activities to expose and counter foreign ma22 lign influence, coercion, and subversion. 

23 (d) FUNDING.—Amounts made available for activities 

24 carried out pursuant to subsection (a) in a fiscal year may 

25 be derived only from amounts authorized to be approVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
647 

•S 2792 RS

1 priated for such fiscal year for the Department of Defense 

2 for operation and maintenance, Defense-wide. 

3 (e) RELATIONSHIP TO OTHER FUNDING.—Any 

4 amount provided by the Secretary of Defense during any 

5 fiscal year out of the Secretary of Defense Strategic Com6 petition Initiative for an activity or program described in 

7 subsection (c) shall be in addition to amounts otherwise 

8 available for that activity or program for that fiscal year. 

9 (f) USE OF FUNDS.— 

10 (1) LIMITATIONS.—Of funds made available 

11 under this section for any fiscal year— 

12 (A) not more than $20,000,000 in each 

13 fiscal year is authorized to be obligated and ex14 pended under this section; and 

15 (B) not more than $3,000,000 may be 

16 used to pay for personnel expenses under sub17 section (c)(1). 

18 (2) PROHIBITION.—Funds may not be provided 

19 under this section for any activity that has been de20 nied authorization by Congress. 

21 (g) ANNUAL REPORT.—Not less frequently than an22 nually, the Secretary of Defense shall submit to the con23 gressional defense committees a report on the use of the 

24 authority under subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
648 

•S 2792 RS

1 (h) TERMINATION.—The authority under subsection 

2 (a) shall terminate on September 30, 2024. 

3 SEC. 1276. STRATEGIC COMPETITION INITIATIVE FOR 

4 UNITED STATES SOUTHERN COMMAND AND 

5 UNITED STATES AFRICA COMMAND. 

6 (a) INITIATIVE.—The Secretary of Defense may de7 velop and carry out, through the Department of Defense 

8 authorities specified in subsection (d), an initiative to sup9 port programs and activities for long-term strategic com10 petition with near-peer rivals in the areas of responsibility 

11 of the United States Southern Command and the United 

12 States Africa Command. 

13 (b) PURPOSE.—The purpose of the initiative under 

14 subsection (a) is to support Department efforts— 

15 (1) to compete strategically with, and counter 

16 the influence of, near-peer rivals in such areas of re17 sponsibility; 

18 (2) to counter coercion by near-peer rivals 

19 against United States allies and partners in competi20 tion short of armed conflict, including by addressing 

21 sources of insecurity and other vulnerabilities that 

22 near-peer rivals exploit to gain leverage or sow divi23 sion; 

24 (3) to strengthen the resilience of foreign secu25 rity forces and ministries in such areas of responsiVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
649 

•S 2792 RS

1 bility against corruption and malign influence from 

2 near-peer rivals, including by building institutional 

3 capabilities for accountability and adherence to the 

4 rule of law; and 

5 (4) to support and enable United States Gov6 ernment interagency integration and activities that 

7 advance United States national security objectives 

8 for strategic competition with near-peer rivals, in9 cluding by supporting civilian efforts to address 

10 vulnerabilities arising from the COVID–19 pandemic 

11 in such areas of responsibility. 

12 (c) PLAN.— 

13 (1) IN GENERAL.—The Secretary, in consulta14 tion with the Commander of the United States 

15 Southern Command and the Commander of the 

16 United States Africa Command, shall develop and 

17 submit to the congressional defense committees a 

18 plan for the initiative under subsection (a). 

19 (2) REPORT.—Not later than 120 days after 

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

21 shall submit to the congressional defense committees 

22 the plan developed under paragraph (1). 

23 (d) AUTHORITIES.—The authorities specified in this 

24 subsection are the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
650 

•S 2792 RS

1 (1) The authority of the Defense Security Co2 operation Agency under section 332 of title 10, 

3 United States Code, to carry out— 

4 (A) institutional capacity-building activi5 ties; and 

6 (B) the Ministry of Defense Advisors pro7 gram. 

8 (2) Security cooperation authorities under chap9 ter 16 of title 10, United States Code. 

10 (3) Legal institution capacity-building authority 

11 under section 1210 of the National Defense Author12 ization Act for Fiscal Year 2020 (Public Law 116– 

13 92; 133 Stat. 1625; 10 U.S.C. 332 note). 

14 (4) Overseas humanitarian, disaster, and civic 

15 aid authorities under sections 404 and 2561 of title 

16 10, United States Code. 

17 (5) Joint task force authority to support law 

18 enforcement agencies conducting counterterrorism, 

19 counter illicit trafficking, and counter transnational 

20 organized crime activities under section 285 of title 

21 10, United States Code, as added by this Act. 

22 (6) Stabilization activities authority under sec23 tion 1210A of the National Defense Authorization 

24 Act for Fiscal Year 2020 (Public Law 116–92; 133 

25 Stat. 1626). 


Pbinns on DSKJLVW7X2PROD with BILLS
651 

•S 2792 RS

1 (7) The authority of the Defense Environmental 

2 International Cooperation program. 

3 (8) Any other authority the Secretary considers 

4 appropriate. 

5 (e) NOTIFICATION TO CONGRESS.—Not later than 15 

6 days before commencing the initiative under subsection 

7 (a), the Secretary shall submit to the congressional de8 fense committees a notification containing each of the fol9 lowing: 

10 (1) An identification of one or more countries 

11 in which a program under the initiative will be con12 ducted. 

13 (2) A description of the strategic objectives of 

14 each such program. 

15 (3) The budget and timetable for implementing 

16 and completing each such program. 

17 (4) A description of the arrangements, if any, 

18 for a host country to sustain such a program or any 

19 capability developed by such a program. 

20 (f) REPORT.—Beginning in the fiscal year in which 

21 the Secretary commences the initiative under subsection 

22 (a), and annually thereafter through the fiscal year in 

23 which the initiative terminates under subsection (h), the 

24 Secretary shall submit to the congressional defense com25 mittees a report on the implementation of the initiative. 


Pbinns on DSKJLVW7X2PROD with BILLS
652 

•S 2792 RS

1 (g) FUNDING.—Amounts for programs and activities 

2 carried out under subsection (a) in a fiscal year may be 

3 derived from amounts authorized to be appropriated for 

4 such fiscal year for the Department of Defense for oper5 ations and maintenance. 

6 (h) TERMINATION.—The authority for the initiative 

7 under subsection (a) shall terminate on December 31, 

8 2024. 

9 SEC. 1277. MODIFICATION OF NOTIFICATION REQUIRE10 MENTS FOR SENSITIVE MILITARY OPER11 ATIONS. 

12 Section 130f(d)(1) of title 10, United States Code, 

13 is amended— 

14 (1) in subparagraph (A), by striking ‘‘; or’’ and 

15 inserting a semicolon; 

16 (2) in subparagraph (B), by striking the period 

17 at the end and inserting ‘‘; or’’; and 

18 (3) by adding at the end the following new sub19 paragraph: 

20 ‘‘(C) an operation conducted by the armed 

21 forces to free an individual from the control of 

22 hostile foreign forces.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
653 

•S 2792 RS

1 SEC. 1278. SPECIAL OPERATIONS FORCES JOINT OPER2 ATING CONCEPT FOR COMPETITION AND 

3 CONFLICT. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the Assistant Secretary 

6 of Defense for Special Operations and Low-Intensity Con7 flict and the Commander of the United States Special Op8 erations Command shall jointly submit to the congres9 sional defense committees a Special Operations Forces 

10 joint operating concept for competition and conflict. 

11 (b) ELEMENTS.—The joint operating concept re12 quired by subsection (a) shall include the following: 

13 (1) A detailed description of the manner in 

14 which Special Operations Forces will be expected to 

15 operate in the future across the spectrum of oper16 ations, including operations below the threshold of 

17 traditional armed conflict, crisis, and armed conflict. 

18 (2) An explanation of the roles and responsibil19 ities of the National Mission Force and the Theater 

20 Special Operations Forces, including how such forces 

21 will be integrated with each other and with general 

22 purpose forces. 

23 (3) An articulation of the required capabilities 

24 of the special operations forces. 

25 (4) An explanation of the manner in which the 

26 joint operating concept relates to and fits within the 


Pbinns on DSKJLVW7X2PROD with BILLS
654 

•S 2792 RS

1 joint warfighting concept produced by the Joint 

2 Chiefs of Staff. 

3 (5) An explanation of the manner in which the 

4 joint operating concept relates to and integrates into 

5 the operating concepts of the Armed Forces. 

6 (6) Any other matter the Assistant Secretary 

7 and the Commander consider relevant. 

8 SEC. 1279. PLAN FOR PROVISION OF INFORMATION SUP9 PORT TO COMMANDERS OF THE COMBATANT 

10 COMMANDS. 

11 (a) PLAN REQUIRED.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of the enactment of this Act, the Under 

14 Secretary of Defense for Intelligence and Security, 

15 in coordination with the Director of National Intel16 ligence, shall develop a plan for more effectively ful17 filling the intelligence and information requirements 

18 of the combatant commands with respect to efforts 

19 by the combatant commands to expose and counter 

20 foreign malign influence, coercion, and subversion 

21 activities undertaken by, or at the direction, on be22 half, or with substantial support of the governments 

23 of, covered foreign countries. 

24 (2) ELEMENTS.—The plan required by para25 graph (1) shall include the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
655 

•S 2792 RS

1 (A) A review of current policies and proce2 dures relating to the provision, sharing, and de3 classification of intelligence gathered by the De4 fense Intelligence Enterprise to support such ef5 forts. 

6 (B) A plan for improving the quality and 

7 timeliness of intelligence and information pro8 vided to the commanders of the combatant com9 mands to aid in such efforts, including mecha10 nisms to enable the disclosure of foreign malign 

11 influence, coercion, and subversion activities— 

12 (i) in appropriate classified venues, in 

13 collaboration with relevant allies and part14 ners; or 

15 (ii) as unclassified information for 

16 public release. 

17 (C) A plan to better leverage open-source 

18 and commercially available information and 

19 independent analysis to support such efforts. 

20 (D) An identification of any additional re21 sources or legislative authority necessary to bet22 ter meet such intelligence and information re23 quirements. 


Pbinns on DSKJLVW7X2PROD with BILLS
656 

•S 2792 RS

1 (E) An assignment of responsibilities and 

2 timelines for the implementation of the plans 

3 described in subparagraphs (B) and (C). 

4 (F) Any other matter the Under Secretary 

5 of Defense for Intelligence and Security con6 siders relevant. 

7 (b) REPORT.—Not later than 90 days after the date 

8 of the enactment of this Act, the Under Secretary of De9 fense for Intelligence and Security, in coordination with 

10 the Director of National Intelligence, shall submit to the 

11 appropriate committees of Congress the plan developed 

12 under subsection (a). 

13 (c) COMPTROLLER GENERAL ASSESSMENT.—Not 

14 later than 45 days after the date on which the plan is 

15 submitted under subsection (b), the Comptroller General 

16 of the United States shall submit to the appropriate com17 mittees of Congress an assessment of the sufficiency of 

18 the plan for meeting such intelligence and information re19 quirements. 

20 (d) DEFINITIONS.—In this section: 

21 (1) APPROPRIATE COMMITTEES OF CON22 GRESS.—The term ‘‘appropriate committees of Con23 gress’’ means— 


Pbinns on DSKJLVW7X2PROD with BILLS
657 

•S 2792 RS

1 (A) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Select 

3 Committee on Intelligence of the Senate; and 

4 (B) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Perma6 nent Select Committee on Intelligence of the 

7 House of Representatives. 

8 (2) COVERED FOREIGN COUNTRY.—The term 

9 ‘‘covered foreign country’’ means any of the fol10 lowing: 

11 (A) The People’s Republic of China. 

12 (B) The Russian Federation. 

13 (C) The Islamic Republic of Iran. 

14 (D) The Democratic People’s Republic of 

15 Korea. 

16 (E) Any other foreign country the Under 

17 Secretary of Defense for Intelligence and Secu18 rity and the Director of National Intelligence 

19 consider appropriate. 

20 SEC. 1280. INDEPENDENT REVIEW OF AND REPORT ON THE 

21 UNIFIED COMMAND PLAN. 

22 (a) REVIEW REQUIRED.— 

23 (1) IN GENERAL.—The Secretary of Defense 

24 shall provide for an independent review of the cur25 rent Unified Command Plan. 


Pbinns on DSKJLVW7X2PROD with BILLS
658 

•S 2792 RS

1 (2) ELEMENTS.—The review required by para2 graph (1) shall include the following: 

3 (A) An assessment of the most recent Uni4 fied Command Plan with respect to— 

5 (i) current and anticipated threats; 

6 (ii) deployment and mobilization of 

7 the Armed Forces; and 

8 (iii) the most current versions of the 

9 National Defense Strategy and Joint 

10 Warfighting Concept. 

11 (B) An evaluation of the missions, respon12 sibilities, and associated force structure of each 

13 geographic and functional combatant command. 

14 (C) An assessment of the feasibility of al15 ternative Unified Command Plan structures. 

16 (D) Recommendations, if any, for alter17 native Unified Command Plan structures. 

18 (E) Recommendations, if any, for modi19 fications to sections 161 through 169 of title 

20 10, United States Code. 

21 (F) Any other matter the Secretary con22 siders appropriate. 

23 (3) CONDUCT OF REVIEW BY INDEPENDENT

24 ENTITY.— 

25 (A) IN GENERAL.—The Secretary shall— 


Pbinns on DSKJLVW7X2PROD with BILLS
659 

•S 2792 RS

1 (i) select an entity described in sub2 paragraph (B) to conduct the review re3 quired by paragraph (1); and 

4 (ii) ensure that the review is con5 ducted independently of the Department of 

6 Defense. 

7 (B) ENTITY DESCRIBED.—An entity de8 scribed in this subparagraph is— 

9 (i) a federally funded research and de10 velopment center; or 

11 (ii) an independent nongovernmental 

12 institute that— 

13 (I) is described in section 

14 501(c)(3) of the Internal Revenue 

15 Code of 1986; 

16 (II) is exempt from taxation 

17 under section 501(c) of that Code; 

18 and 

19 (III) has recognized credentials 

20 and expertise in national security and 

21 military affairs. 

22 (b) REPORT TO CONGRESS.— 

23 (1) IN GENERAL.—Not later than October 1, 

24 2022, the Secretary shall submit to the Committees 

25 on Armed Services of the Senate and House of RepVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
660 

•S 2792 RS

1 resentatives the results of the review conducted 

2 under subsection (a). 

3 (2) FORM.—The report required by paragraph 

4 (1) shall be submitted in unclassified form but may 

5 include a classified annex. 

6 SEC. 1281. ESTABLISHMENT OF MISSION-ORIENTED PILOT 

7 PROGRAMS TO CLOSE SIGNIFICANT CAPA8 BILITIES GAPS. 

9 (a) IN GENERAL.—The Secretary of Defense shall es10 tablish, within the Strategic Capabilities Office of the Of11 fice of the Secretary of Defense, not fewer than two mis12 sion-oriented integration pilot programs with the objective 

13 of closing significant capabilities gaps by synchronizing 

14 and integrating missions across services and field agen15 cies. 

16 (b) ELEMENTS.—The pilot programs established 

17 under subsection (a) shall— 

18 (1) be aligned to specific outstanding oper19 ational challenges of high importance to the oper20 ational plans of the United States Indo-Pacific Com21 mand and the United States European Command; 

22 (2) be designed to leverage industry cost shar23 ing by using sources such as private equity and ven24 ture capital funding to develop the underlying tech25 nology and overall capability for delivery to the joint 


Pbinns on DSKJLVW7X2PROD with BILLS
661 

•S 2792 RS

1 force, as a product or as a service, not later than 

2 five years after the date on which the program com3 mences; 

4 (3) not later than three years after such date— 

5 (A) demonstrate proof of efficacy through 

6 operational concept experimentation and proto7 type development; and 

8 (B) deliver an operational capability not 

9 later than five years after the pilot program 

10 commences; 

11 (4) provide an operationally relevant solution 

12 for— 

13 (A)(i) maintaining resilient aircraft oper14 ations in and around Guam in the face of evolv15 ing regional threats, including large salvo su16 personic and hypersonic missile threats; or 

17 (ii) a similar operational challenge of stra18 tegic importance and relevance to the respon19 sibilities and plans of the United States Indo20 Pacific Command or the United States Euro21 pean Command; and 

22 (B)(i) providing a resilient logistics and re23 supply capability in the face of evolving regional 

24 threats, including operations within an anti-ac25 cess-area denial environment; or 


Pbinns on DSKJLVW7X2PROD with BILLS
662 

•S 2792 RS

1 (ii) a similar operational challenge of stra2 tegic importance and relevance to the respon3 sibilities and plans of the United States Indo4 Pacific Command; and 

5 (5) be developed to incorporate— 

6 (A) existing and planned Department of 

7 Defense systems and capabilities to achieve mis8 sion objectives; and 

9 (B) to the extent practicable, technologies 

10 that have dual-use commercial market potential. 

11 (c) ROLE OF STRATEGIC CAPABILITIES OFFICE.— 

12 (1) IN GENERAL.—With respect to the pilot 

13 programs established under subsection (a), the Stra14 tegic Capabilities Office of the Office of the Sec15 retary of Defense shall— 

16 (A) assign pilot program managers— 

17 (i) to coordinate and collaborate with 

18 investors, performers, combatant com19 mands, and military departments to define 

20 mission requirements and solutions; and 

21 (ii) to coordinate and monitor pilot 

22 program implementation; 

23 (B) provide technical assistance for pilot 

24 program activities, including developing and im25 plementing metrics, which shall be used— 


Pbinns on DSKJLVW7X2PROD with BILLS
663 

•S 2792 RS

1 (i) to assess the current status of the 

2 operational challenge concerned; and 

3 (ii) to characterize the resilience of 

4 operational approaches to known threats 

5 and single points of failure; 

6 (C) provide operational use case expertise 

7 to participants in the pilot programs; and 

8 (D) serve as the liaison between the Armed 

9 Forces, the combatant commanders, and the 

10 participants in the pilot programs. 

11 (2) REPORTS TO CONGRESS.—Not later than 

12 180 days after the date of the enactment of this Act, 

13 and every 180 days thereafter, the head of the Stra14 tegic Capabilities Office of the Office of the Sec15 retary of Defense shall submit to the congressional 

16 defense committees a report on the pilot programs. 

17 (d) ADDITIONAL AUTHORITIES.—The Secretary shall 

18 assess authorities required by the pilot program managers 

19 for the effective and efficient fulfillment of their respon20 sibilities, including the delegation of hiring personnel and 

21 contracting authorities. 

22 (e) DATA.—The Secretary shall establish mechanisms 

23 to collect and analyze data on the implementation of the 

24 pilot programs for the purposes of— 


Pbinns on DSKJLVW7X2PROD with BILLS
664 

•S 2792 RS

1 (1) developing and sharing best practices for 

2 achieving goals established for the pilot programs; 

3 and 

4 (2) providing information to the Secretary and 

5 the congressional defense committees on— 

6 (A) the implementation of the pilot pro7 grams; and 

8 (B) related policy issues. 

9 (f) RECOMMENDATIONS.—Not later than two years 

10 after the date of the enactment of this Act, the Secretary 

11 shall submit to the congressional defense committees a 

12 recommendation with respect to continuing or expanding 

13 the pilot programs. 

14 (g) TRANSITION OF PILOT PROGRAM RESPONSIBIL15 ITIES.—Beginning in fiscal year 2025, the Secretary may 

16 transition the responsibility for the pilot programs to an17 other organization. 

18 SEC. 1282. LIMITATION ON AVAILABILITY OF CERTAIN 

19 FUNDING FOR OPERATION AND MAINTE20 NANCE. 

21 Of the amounts authorized to be appropriated by this 

22 Act for fiscal year 2022 for operation and maintenance, 

23 Defense-wide, and available for the Office of the Secretary 

24 of Defense, not more than 75 percent may be obligated 

25 or expended until the date that is 15 days after the date 


Pbinns on DSKJLVW7X2PROD with BILLS
665 

•S 2792 RS

1 on which the Secretary submits to the congressional de2 fense committees the following: 

3 (1) The report on the comprehensive policy of 

4 the Department of Defense on collective self-defense 

5 required by section 1754(c) of the National Defense 

6 Authorization Act for Fiscal Year 2020 (Public Law 

7 116–92; 10 U.S.C. 130f note). 

8 (2) The first quarterly report identifying and 

9 summarizing all execute orders approved by the Sec10 retary of Defense or the commander of a combatant 

11 command in effect for the Department of Defense as 

12 required by section 1744(c) of the National Defense 

13 Authorization Act for Fiscal Year 2020 (Public Law 

14 116–92; 10 U.S.C. 113 note). 

15 (3) The report on the policy of the Department 

16 of Defense relating to civilian casualties resulting 

17 from United States military operations required by 

18 section 936(d) of the John S. McCain National De19 fense Authorization Act for Fiscal Year 2019 (Pub20 lic Law 115–232; 10 U.S.C. 134 note). 


Pbinns on DSKJLVW7X2PROD with BILLS
666 

•S 2792 RS

1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION 

3 SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF CO4 OPERATIVE THREAT REDUCTION FUNDS. 

5 (a) FUNDING ALLOCATION.—Of the $239,849,000 

6 authorized to be appropriated to the Department of De7 fense for fiscal year 2022 in section 301 and made avail8 able by the funding table in division D for the Department 

9 of Defense Cooperative Threat Reduction Program estab10 lished under section 1321 of the Department of Defense 

11 Cooperative Threat Reduction Act (50 U.S.C. 3711), the 

12 following amounts may be obligated for the purposes spec13 ified: 

14 (1) For strategic offensive arms elimination, 

15 $2,997,000. 

16 (2) For chemical weapons destruction, 

17 $13,250,000. 

18 (3) For global nuclear security, $17,767,000. 

19 (4) For cooperative biological engagement, 

20 $124,022,000. 

21 (5) For proliferation prevention, $58,754,000. 

22 (6) For activities designated as Other Assess23 ments/Administrative Costs, $23,059,000. 

24 (b) SPECIFICATION OF COOPERATIVE THREAT RE25 DUCTION FUNDS.—Funds appropriated pursuant to the 


Pbinns on DSKJLVW7X2PROD with BILLS
667 

•S 2792 RS

1 authorization of appropriations in section 301 and made 

2 available by the funding table in division D for the Depart3 ment of Defense Cooperative Threat Reduction Program 

4 shall be available for obligation for fiscal years 2022, 

5 2023, and 2024. 

6 TITLE XIV—OTHER 

7 AUTHORIZATIONS 

8 Subtitle A—Military Programs 

9 SEC. 1401. WORKING CAPITAL FUNDS. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2022 for the use of the Armed Forces and other 

12 activities and agencies of the Department of Defense for 

13 providing capital for working capital and revolving funds, 

14 as specified in the funding table in section 4501. 

15 SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC16 TION, DEFENSE. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for the Depart19 ment of Defense for fiscal year 2022 for expenses, not oth20 erwise provided for, for Chemical Agents and Munitions 

21 Destruction, Defense, as specified in the funding table in 

22 section 4501. 

23 (b) USE.—Amounts authorized to be appropriated 

24 under subsection (a) are authorized for— 


Pbinns on DSKJLVW7X2PROD with BILLS
668 

•S 2792 RS

1 (1) the destruction of lethal chemical agents 

2 and munitions in accordance with section 1412 of 

3 the Department of Defense Authorization Act, 1986 

4 (50 U.S.C. 1521); and 

5 (2) the destruction of chemical warfare materiel 

6 of the United States that is not covered by section 

7 1412 of such Act. 

8 SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC9 TIVITIES, DEFENSE-WIDE. 

10 Funds are hereby authorized to be appropriated for 

11 the Department of Defense for fiscal year 2022 for ex12 penses, not otherwise provided for, for Drug Interdiction 

13 and Counter-Drug Activities, Defense-wide, as specified in 

14 the funding table in section 4501. 

15 SEC. 1404. DEFENSE INSPECTOR GENERAL. 

16 Funds are hereby authorized to be appropriated for 

17 the Department of Defense for fiscal year 2022 for ex18 penses, not otherwise provided for, for the Office of the 

19 Inspector General of the Department of Defense, as speci20 fied in the funding table in section 4501. 

21 SEC. 1405. DEFENSE HEALTH PROGRAM. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2022 for the Defense Health Program for use 

24 of the Armed Forces and other activities and agencies of 

25 the Department of Defense for providing for the health 


Pbinns on DSKJLVW7X2PROD with BILLS
669 

•S 2792 RS

1 of eligible beneficiaries, as specified in the funding table 

2 in section 4501. 

3 Subtitle B—Armed Forces 

4 Retirement Home 

5 SEC. 1411. AUTHORIZATION OF APPROPRIATIONS FOR 

6 ARMED FORCES RETIREMENT HOME. 

7 There is hereby authorized to be appropriated for fis8 cal year 2022 from the Armed Forces Retirement Home 

9 Trust Fund the sum of $75,300,000 for the operation of 

10 the Armed Forces Retirement Home. 

11 Subtitle C—Other Matters 

12 SEC. 1421. AUTHORIZATION TO LOAN MATERIALS IN NA13 TIONAL DEFENSE STOCKPILE. 

14 Section 6 of the Strategic and Critical Materials 

15 Stock Piling Act (50 U.S.C. 98e) is amended by adding 

16 at the end the following new subsection: 

17 ‘‘(f) The President may loan stockpile materials to 

18 the Department of Energy or the military departments if 

19 the President— 

20 ‘‘(1) has a reasonable assurance that stockpile 

21 materials of a similar or superior quantity and qual22 ity to the materials loaned will be returned to the 

23 stockpile or paid for; 

24 ‘‘(2) notifies the congressional defense commit25 tees (as defined in section 101(a) of title 10, United 


Pbinns on DSKJLVW7X2PROD with BILLS
670 

•S 2792 RS

1 States Code), in writing, not less than 30 days be2 fore making any such loan; and 

3 ‘‘(3) includes in the written notification under 

4 paragraph (2) sufficient support for the assurance 

5 described in paragraph (1).’’. 

6 SEC. 1422. REPEAL OF TERMINATION OF BIENNIAL REPORT 

7 ON NATIONAL DEFENSE STOCKPILE RE8 QUIREMENTS. 

9 Section 1061(i) of the National Defense Authoriza10 tion Act for Fiscal Year 2017 (Public Law 114–328; 10 

11 U.S.C. 111 note) is amended by striking paragraph (30). 

12 SEC. 1423. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

13 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

14 VETERANS AFFAIRS MEDICAL FACILITY DEM15 ONSTRATION FUND FOR CAPTAIN JAMES A. 

16 LOVELL HEALTH CARE CENTER, ILLINOIS. 

17 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

18 funds authorized to be appropriated by section 1405 and 

19 available for the Defense Health Program for operation 

20 and maintenance, $137,000,000 may be transferred by the 

21 Secretary of Defense to the Joint Department of Defense– 

22 Department of Veterans Affairs Medical Facility Dem23 onstration Fund established by subsection (a)(1) of sec24 tion 1704 of the National Defense Authorization Act for 

25 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 


Pbinns on DSKJLVW7X2PROD with BILLS
671 

•S 2792 RS

1 (b) TREATMENT OF TRANSFERRED FUNDS.—For 

2 purposes of subsection (a)(2) of such section 1704, any 

3 funds transferred under subsection (a) shall be treated as 

4 amounts authorized and appropriated specifically for the 

5 purpose of such a transfer. 

6 (c) USE OF TRANSFERRED FUNDS.—For purposes of 

7 subsection (b) of such section 1704, facility operations for 

8 which funds transferred under subsection (a) may be used 

9 are operations of the Captain James A. Lovell Federal 

10 Health Care Center, consisting of the North Chicago Vet11 erans Affairs Medical Center, the Navy Ambulatory Care 

12 Center, and supporting facilities designated as a combined 

13 Federal medical facility under an operational agreement 

14 covered by section 706 of the Duncan Hunter National 

15 Defense Authorization Act for Fiscal Year 2009 (Public 

16 Law 110–417; 122 Stat. 4500). 

17 TITLE XV—SPACE ACTIVITIES, 

18 STRATEGIC PROGRAMS, AND 

19 INTELLIGENCE MATTERS 

20 Subtitle A—Space Activities 

21 SEC. 1501. DELEGATION OF AUTHORITIES TO SPACE DE22 VELOPMENT AGENCY. 

23 (a) PERSONNEL MANAGEMENT AUTHORITY.—Sec24 tion 1599h(b)(1) of title 10, United States Code, is 

25 amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
672 

•S 2792 RS

1 (1) by redesignating subparagraph (H) as sub2 paragraph (I); and 

3 (2) by striking the second subparagraph (G), as 

4 added by section 1602(b)(3) of the William M. 

5 (Mac) Thornberry National Defense Authorization 

6 Act for Fiscal Year 2021 (Public Law 116–283), 

7 and inserting the following new subparagraph (H): 

8 ‘‘(H) in the case of the Space Development 

9 Agency, appoint individuals to a total of not 

10 more than 50 positions in the Agency, of which 

11 not more than 10 such positions may be posi12 tions of administration and management of the 

13 Agency; and’’. 

14 (b) ADDITIONAL AUTHORITIES.— 

15 (1) IN GENERAL.—Chapter 908 of title 10, 

16 United States Code, is amended— 

17 (A) by redesignating the second section 

18 designated as section 9084, as added by section 

19 1601(a) of the William M. (Mac) Thornberry 

20 National Defense Authorization Act for Fiscal 

21 Year 2021 (Public Law 116–283), as section 

22 9086 and moving such section so as to appear 

23 after section 9085; and 

24 (B) in section 9086, as so redesignated, by 

25 adding at the end the following new subsection: 


Pbinns on DSKJLVW7X2PROD with BILLS
673 

•S 2792 RS

1 ‘‘(d) DELEGATION OF AUTHORITIES.— 

2 ‘‘(1) IN GENERAL.—To the extent practicable, 

3 the Secretary of the Air Force, acting through the 

4 Service Acquisition Executive for Space, shall ensure 

5 the delegation to the Agency of— 

6 ‘‘(A) head of contracting authority; and 

7 ‘‘(B) milestone decision authority for the 

8 middle tier of acquisition programs. 

9 ‘‘(2) RESCISSION.— 

10 ‘‘(A) IN GENERAL.—The Service Acquisi11 tion Executive for Space may rescind the dele12 gation of authority under paragraph (1) for 

13 cause or on a case-by-case basis. 

14 ‘‘(B) NOTIFICATION.—Not later than 30 

15 days after the date of a rescission under sub16 paragraph (A), the Secretary of the Air Force 

17 shall notify the congressional defense commit18 tees of such rescission.’’. 

19 (2) TECHNICAL AND CONFORMING AMEND20 MENTS.—The table of sections for chapter 908 of 

21 title 10, United States Code, is amended— 

22 (A) by striking the item relating to section 

23 9084, as added by section 1601(b) of the Wil24 liam M. (Mac) Thornberry National Defense 


Pbinns on DSKJLVW7X2PROD with BILLS
674 

•S 2792 RS

1 Authorization Act for Fiscal Year 2021 (Public 

2 Law 116–283); and 

3 (B) by adding at the end the following new 

4 item: 

‘‘9086. Space Development Agency.’’. 

5 SEC. 1502. MODIFICATION TO SPACE DEVELOPMENT AGEN6 CY. 

7 Section 9086 of title 10, United States Code, as re8 designated and amended by section 1501(b)(1), is further 

9 amended by adding at the end the following new sub10 sections: 

11 ‘‘(e) ACQUISITIONS.—The Joint Capabilities Integra12 tion and Development System process shall not apply to 

13 acquisitions by the Agency. 

14 ‘‘(f) COMBATANT COMMANDER AND WARFIGHTER

15 COUNCIL.—Not less frequently than twice annually, the 

16 Director shall convene a Combatant Commander and 

17 Warfighter Council, which shall— 

18 ‘‘(1) establish and validate capability plans for 

19 the Agency; and 

20 ‘‘(2) recommend priorities for the Agency, as 

21 the commanders of the combatant commands con22 sider appropriate.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
675 

•S 2792 RS

1 SEC. 1503. DISCLOSURE OF NATIONAL SECURITY SPACE 

2 LAUNCH PROGRAM CONTRACT PRICING 

3 TERMS. 

4 (a) IN GENERAL.—Chapter 135 of title 10, United 

5 States Code, is amended by inserting after section 2276 

6 the following new section 2277: 

7 ‘‘§ 2277. Disclosure of National Security Space 

8 Launch program contract pricing terms 

9 ‘‘(a) IN GENERAL.—With respect to any contract 

10 awarded by the Secretary of the Air Force for the launch 

11 of a national security payload under the National Security 

12 Space Launch program, not later than 30 days after en13 tering into such a contract, the Secretary shall submit to 

14 the congressional defense committees a description of the 

15 pricing terms of the contract. 

16 ‘‘(b) COMPETITIVELY SENSITIVE TRADE SECRET

17 DATA.—The congressional defense committees shall— 

18 ‘‘(1) treat a description of pricing terms sub19 mitted under subsection (a) as competitively sen20 sitive trade secret data; and 

21 ‘‘(2) use the description solely for committee 

22 purposes, subject to appropriate restrictions to 

23 maintain the confidentiality of the description. 

24 ‘‘(c) RULE OF CONSTRUCTION.—For purposes of sec25 tion 1905 of title 18, United States Code, a disclosure of 


Pbinns on DSKJLVW7X2PROD with BILLS
676 

•S 2792 RS

1 contract pricing terms under subsection (a) shall be con2 strued as a disclosure authorized by law.’’. 

3 (b) CONFORMING AMENDMENT.—The table of sec4 tions at the beginning of chapter 135 of title 10, United 

5 States Code, is amended by inserting after the item relat6 ing to section 2276, the following new item: 

‘‘2277. Disclosure of National Security Space Launch program contract pricing 

terms.’’. 

7 SEC. 1504. EXTENSION AND MODIFICATION OF COUNCIL ON 

8 OVERSIGHT OF THE DEPARTMENT OF DE9 FENSE POSITIONING, NAVIGATION, AND TIM10 ING ENTERPRISE. 

11 Section 2279b of title 10, United States Code, is 

12 amended— 

13 (1) in subsection (d)(2)— 

14 (A) by redesignating subparagraphs (D) 

15 and (E) as subparagraphs (E) and (F), respec16 tively; and 

17 (B) by inserting after subparagraph (C) 

18 the following new subparagraph (D): 

19 ‘‘(D) Alternative methods to perform posi20 tion navigation and timing.’’; and 

21 (2) in subsection (h), by striking ‘‘National De22 fense Authorization Act for Fiscal Year 2016’’ and 

23 inserting ‘‘National Defense Authorization Act for 

24 Fiscal Year 2022’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
677 

•S 2792 RS

1 SEC. 1505. SENIOR PROCUREMENT EXECUTIVE AUTHORITY. 

2 (a) OFFICE OF THE SECRETARY OF THE AIR

3 FORCE.—Section 9014(c) of title 10, United States Code, 

4 is amended— 

5 (1) in paragraph (2), by striking ‘‘The Sec6 retary of the Air Force shall’’ and inserting ‘‘Subject 

7 to paragraph (6), the Secretary of the Air Force 

8 shall’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(6) Notwithstanding section 1702 of title 41, 

12 the Secretary of the Air Force may assign to the As13 sistant Secretary of the Air Force for Space Acquisi14 tion and Integration duties and authorities of the 

15 Senior Procurement Executive that relate to space 

16 systems and programs.’’. 

17 (b) DUTIES OF ASSISTANT SECRETARY OF THE AIR

18 FORCE FOR SPACE ACQUISITION AND INTEGRATION.— 

19 Section 9016(b)(6)(B)(vi) of title 10, United States Code, 

20 is amended by inserting ‘‘and discharge any Senior Pro21 curement Executive duties and authorities assigned by the 

22 Secretary of the Air Force pursuant to section 9014(c)(6) 

23 of this title’’ after ‘‘Space Systems and Programs’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
678 

•S 2792 RS

1 SEC. 1506. MODIFICATIONS TO SPACE FORCE ACQUISITION 

2 COUNCIL. 

3 (a) IN GENERAL.—Section 9021 of title 10, United 

4 States Code, is amended— 

5 (1) in the section heading, by striking 

6 ‘‘Force’’; 

7 (2) in subsection (a), by striking ‘‘Space Force 

8 Acquisition Council’’ and inserting ‘‘Space Acquisi9 tion Council’’; and 

10 (3) in subsection (c), by striking ‘‘the Air Force 

11 for’’. 

12 (b) CONFORMING AMENDMENT.—The table of sec13 tions for chapter 903 of title 10, United States Code, is 

14 amended by striking the item relating to section 9021 and 

15 inserting the following: 

‘‘9021. Space Acquisition Council.’’. 

16 SEC. 1507. MODIFICATIONS RELATING TO THE ASSISTANT 

17 SECRETARY OF THE AIR FORCE FOR SPACE 

18 ACQUISITION AND INTEGRATION. 

19 (a) SPACE FORCE ACQUISITION COUNCIL REVIEW

20 AND CERTIFICATION OF DETERMINATIONS OF THE AS21 SISTANT SECRETARY OF THE AIR FORCE FOR SPACE AC22 QUISITION AND INTEGRATION.—Section 9021(c) of title 

23 10, United States Code, as amended by section 1506, is 

24 further amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
679 

•S 2792 RS

1 (1) by striking ‘‘The Council’’ and inserting 

2 ‘‘(1) The Council’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2)(A) The Council shall promptly— 

5 ‘‘(i) review any determination made by the As6 sistant Secretary of the Air Force for Space Acquisi7 tion and Integration with respect to architecture for 

8 Department of Defense space systems or programs 

9 under section 9016(b)(6)(B)(i), including the re10 quirements for operating such space systems or pro11 grams; and 

12 ‘‘(ii)(I) if the Council finds such a determina13 tion to be warranted, certify the determination; or 

14 ‘‘(II) if the Council finds such a determination 

15 not to be warranted, decline to certify the deter16 mination. 

17 ‘‘(B) Not later than 10 business days after the Coun18 cil makes a decision with respect to a certification under 

19 subparagraph (A), the Council shall submit to the congres20 sional defense committees a notification of the decision, 

21 including a detailed justification for the decision. 

22 ‘‘(C) Except as provided in subparagraph (D), the 

23 Assistant Secretary of the Air Force for Space Acquisition 

24 and Integration may not take any action to implement a 

25 determination referred to in subparagraph (A)(i) until 60 


Pbinns on DSKJLVW7X2PROD with BILLS
680 

•S 2792 RS

1 days after the submittal of the notification under subpara2 graph (B). 

3 ‘‘(D)(i) The Secretary of Defense may waive subpara4 graph (C) in the event of an urgent national security con5 dition. 

6 ‘‘(ii) The Secretary of Defense shall submit to the 

7 congressional defense committees a notification of any 

8 waiver granted under this subparagraph, including a jus9 tification for the waiver.’’. 

10 (b) DEPARTMENT OF DEFENSE SPACE SYSTEMS AND

11 PROGRAMS.—Section 9016(b)(6)(B)(i) of title 10, United 

12 States Code, is amended to read as follows: 

13 ‘‘(i) Be responsible for and oversee all ar14 chitecture and integration of the Department of 

15 Defense for space systems and programs, with 

16 respect to their acquisition, including in support 

17 of the Chief of Space Operations under section 

18 9082 of this title.’’. 

19 (c) TRANSFER OF ACQUISITION PROJECTS FOR

20 SPACE SYSTEMS AND PROGRAMS.—Section 956(b)(3) of 

21 the National Defense Authorization Act for Fiscal Year 

22 2020 (Public Law 116–92; 133 Stat. 1566; 10 U.S.C. 

23 9016 note) is amended by inserting ‘‘and the Department 

24 of Defense’’ after ‘‘programs of the Air Force’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
681 

•S 2792 RS

1 (d) ADDITIONAL AUTHORITIES OF CHIEF OF SPACE

2 OPERATIONS.—Section 9082(d) of title 10, United States 

3 Code, is amended— 

4 (1) in paragraph (5), by striking ‘‘; and’’ and 

5 inserting a semicolon; 

6 (2) in paragraph (6), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(7) be the force design architect for Depart11 ment of Defense space systems.’’. 

12 SEC. 1508. MODIFICATION TO TRANSFER OF ACQUISITION 

13 PROJECTS FOR SPACE SYSTEMS AND PRO14 GRAMS. 

15 Section 956(b)(3) of the National Defense Authoriza16 tion Act for Fiscal Year 2020 (Public Law 116–92; 133 

17 Stat. 1566; 10 U.S.C. 9016 note), as amended by section 

18 1507(c), is further amended by striking ‘‘Effective’’ and 

19 inserting ‘‘Not later than’’. 

20 SEC. 1509. EXTENSION AND MODIFICATION OF CERTIFI21 CATIONS REGARDING INTEGRATED TAC22 TICAL WARNING AND ATTACK ASSESSMENT 

23 MISSION OF THE AIR FORCE. 

24 Section 1666 of the National Defense Authorization 

25 Act for Fiscal Year 2017 (Public Law 114–328; 113 Stat. 


Pbinns on DSKJLVW7X2PROD with BILLS
682 

•S 2792 RS

1 2617), as amended by section 1604 of the William M. 

2 (Mac) Thornberry National Defense Authorization Act for 

3 Fiscal Year 2021 (Public Law 116–283), is further 

4 amended— 

5 (1) in the section heading, by striking ‘‘THE

6 AIR FORCE’’ and inserting ‘‘THE DEPARTMENT

7 OF THE AIR FORCE’’; 

8 (2) in subsection (a)— 

9 (A) in the matter preceding paragraph 

10 (1)— 

11 (i) by striking ‘‘each year thereafter 

12 through 2020’’ and inserting ‘‘each year 

13 thereafter through 2026’’; and 

14 (ii) by inserting ‘‘, in consultation 

15 with the Commander of the United States 

16 Strategic Command and the Commander 

17 of the United States Northern Command,’’ 

18 after ‘‘the Commander of the United 

19 States Space Command’’; 

20 (B) in paragraph (1)— 

21 (i) by striking ‘‘the Air Force is’’ and 

22 inserting ‘‘the Department of the Air 

23 Force is’’; and 

24 (ii) by inserting ‘‘and the Space 

25 Force’’ after ‘‘to the Air Force’’; and 


Pbinns on DSKJLVW7X2PROD with BILLS
683 

•S 2792 RS

1 (C) in paragraph (2), by striking ‘‘the Air 

2 Force’’ and inserting ‘‘the Department of the 

3 Air Force’’; and 

4 (3) in subsection (b)— 

5 (A) by inserting ‘‘of the United States 

6 Space Command’’ after ‘‘Commander’’; 

7 (B) by striking ‘‘system of the Air Force’’ 

8 and inserting ‘‘system of the Department of the 

9 Air Force’’; 

10 (C) by striking ‘‘command of the Air 

11 Force’’ and inserting ‘‘command of the Depart12 ment of the Air Force’’; and 

13 (D) by striking ‘‘aspects of the Air Force’’ 

14 and inserting ‘‘aspects of the Department of the 

15 Air Force’’. 

16 SEC. 1510. PROHIBITION ON MISSILE DEFENSE AGENCY 

17 PRODUCTION OF SATELLITES AND GROUND 

18 SYSTEMS ASSOCIATED WITH OPERATION OF 

19 SUCH SATELLITES. 

20 (a) IN GENERAL.—The Director of the Missile De21 fense Agency shall not authorize or obligate funding for 

22 a program of record for the production of satellites or 

23 ground systems associated with the operation of such sat24 ellites. 


Pbinns on DSKJLVW7X2PROD with BILLS
684 

•S 2792 RS

1 (b) EXEMPTION FOR PRODUCTION OF PROTOTYPE

2 SATELLITES.— 

3 (1) IN GENERAL.—The Director of the Missile 

4 Defense Agency, with the concurrence of the Space 

5 Acquisition Council established by section 9021 of 

6 title 10, United States Code, may authorize the pro7 duction of a prototype satellite, consistent with the 

8 requirements of the Missile Defense Agency. 

9 (2) REPORT.—Not later than 30 days after 

10 concurring with an authorization for the production 

11 of a prototype satellite under paragraph (1), the 

12 chair of the Space Acquisition Council shall submit 

13 to the congressional defense committees a report ex14 plaining the reasons for such concurrence. 

15 (3) LIMITATION ON OBLIGATION OF FUNDS.— 

16 The Director of the Missile Defense Agency may not 

17 obligate funds for the production of such a satellite 

18 before the submittal of the report required by para19 graph (2). 

20 SEC. 1511. CONTINUED REQUIREMENT FOR NATIONAL SE21 CURITY SPACE LAUNCH PROGRAM. 

22 In carrying out Phase 2 of the acquisition strategy 

23 for the National Security Space Launch program, the Sec24 retary of the Air Force shall ensure that launch services 

25 are procured only from launch service providers that use 


Pbinns on DSKJLVW7X2PROD with BILLS
685 

•S 2792 RS

1 launch vehicles meeting Federal requirements with respect 

2 to required payloads to reference orbits. 

3 SEC. 1512. LIMITATION, REPORT, AND BRIEFING ON USE OF 

4 COMMERCIAL SATELLITE SERVICES AND AS5 SOCIATED SYSTEMS. 

6 (a) LIMITATION.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the Secretary of Defense may not rely 

9 solely on the use of commercial satellite services and 

10 associated systems to carry out a critical defense re11 quirement, such as command and control, targeting, 

12 and any other requirement necessary to effectively 

13 execute defense operations. 

14 (2) MITIGATION MEASURES.—The Secretary 

15 may rely solely on the use of commercial satellite 

16 services and associated systems to carry out a crit17 ical defense requirement described in paragraph (1) 

18 if the Secretary has taken measures to mitigate the 

19 vulnerability of any such requirement. 

20 (b) REPORT AND BRIEFING.— 

21 (1) IN GENERAL.—Not less frequently than 

22 quarterly through fiscal year 2030, the Secretary 

23 shall submit a report and provide a briefing to the 

24 congressional defense committees on the extent of 

25 the reliance of the Department of Defense on comVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
686 

•S 2792 RS

1 mercial satellite services and associated systems to 

2 provide capability and additional capacity across the 

3 Department. 

4 (2) ELEMENTS.—Each report and briefing re5 quired by paragraph (1) shall include the following 

6 for the preceding quarter: 

7 (A) An assessment of such reliance and the 

8 resulting vulnerabilities. 

9 (B) An analysis of potential measures to 

10 mitigate such vulnerabilities. 

11 (C) A description of mitigation measures 

12 taken by the Secretary under subsection (a)(2). 

13 SEC. 1513. STUDY ON COMMERCIAL SYSTEMS INTEGRATION 

14 INTO, AND SUPPORT OF, ARMED FORCES 

15 SPACE OPERATIONS. 

16 (a) IN GENERAL.—The Secretary of the Air Force 

17 shall enter into an arrangement with a federally funded 

18 research and development center to conduct a study on— 

19 (1) the extent of commercial support of, and in20 tegration into, Armed Forces space operations; and 

21 (2) measures to ensure that such operations, 

22 particularly operations that are mission critical, con23 tinue to be carried out in the most effective manner 

24 possible during a time of conflict. 


Pbinns on DSKJLVW7X2PROD with BILLS
687 

•S 2792 RS

1 (b) ELEMENTS.—The study required by subsection 

2 (a) shall include an assessment of each of the following: 

3 (1) The extent to which the Department of De4 fense uses commercial satellites to support Armed 

5 Forces operations. 

6 (2) The anticipated increase in such use during 

7 the subsequent 10-year period. 

8 (3) In the event the Armed Forces loses access 

9 to commercially operated space systems and the data 

10 provided by such systems, the impact on Armed 

11 Forces operations. 

12 (4) Steps the Department may take to mitigate 

13 the risk of loss of such access. 

14 (5) As the Department develops plans to in15 crease the resiliency of its space architectures, the 

16 anticipated role of commercial systems in such 

17 plans. 

18 (6) The international agreements and organiza19 tions that govern the manner in which commercial 

20 entities operate systems in outer space. 

21 (7) Whether, under current international law, a 

22 commercial satellite used to support military oper23 ations is considered a legitimate military target. 


Pbinns on DSKJLVW7X2PROD with BILLS
688 

•S 2792 RS

1 (8) The extent to which owners of commercial 

2 satellites are aware that such satellites may be tar3 geted by a foreign power. 

4 (9) The current insurance coverage scheme for 

5 commercial satellites that support Armed Forces op6 erations. 

7 (10) During the 10-year period ending on the 

8 date of the enactment of this Act, the frequency with 

9 which third parties have interfered with commer10 cially operated satellites that support Armed Forces 

11 operations. 

12 (11) Any other matter the Secretary considers 

13 necessary. 

14 (c) REPORT.— 

15 (1) IN GENERAL.—Not later than 270 days 

16 after the date of the enactment of this Act, the Sec17 retary shall submit to the congressional defense com18 mittees a report on the results of the study required 

19 by subsection (a). 

20 (2) FORM.—The report required by paragraph 

21 (1) shall be submitted in unclassified form but may 

22 include a classified annex. 

23 SEC. 1514. SPACE POLICY REVIEW. 

24 (a) IN GENERAL.—The Secretary of Defense, in con25 sultation with the Director of National Intelligence, shall 


Pbinns on DSKJLVW7X2PROD with BILLS
689 

•S 2792 RS

1 carry out a review of the space policy of the Department 

2 of Defense. 

3 (b) ELEMENTS.—The review required by subsection 

4 (a) shall include the following: 

5 (1) For the subsequent five-year period, an as6 sessment of the threat to the space operations of the 

7 United States and its allies. 

8 (2) An assessment of the national security ob9 jectives of the Department relating to space. 

10 (3) An evaluation of the policy changes and 

11 funding necessary to accomplish such objectives dur12 ing such five-year period. 

13 (4) An assessment of the policy of the Depart14 ment with respect to deterring, responding to, and 

15 countering threats to the space operations of the 

16 United States and its allies. 

17 (5) An analysis of such policy with respect to 

18 normative behaviors in space, including the commer19 cial use of space. 

20 (6) An analysis of the extent to which such pol21 icy is coordinated with other ongoing policy reviews, 

22 including nuclear, missile defense, and cyber oper23 ations. 

24 (7) A description of the Department’s organiza25 tion and space doctrine to carry out its space policy. 


Pbinns on DSKJLVW7X2PROD with BILLS
690 

•S 2792 RS

1 (8) An assessment of the space systems and ar2 chitectures to implement such space policy. 

3 (9) Any other matter the Secretary considers 

4 appropriate. 

5 (c) REPORT.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of the enactment of this Act, the Sec8 retary, in consultation with the Director, shall sub9 mit to the congressional defense committees a report 

10 on the results of the review required by subsection 

11 (a). 

12 (2) ANNUAL UPDATES.—Not less frequently 

13 than annually for fiscal years 2024 through 2026, 

14 and concurrent with the President’s budget submis15 sions, the Secretary, in consultation with the Direc16 tor, shall submit to the congressional defense com17 mittees a report describing any update to the assess18 ments, analyses, and evaluations carried out pursu19 ant to such review. 

20 (3) FORM.—Each report required by this sub21 section shall be submitted in unclassified form but 

22 may include a classified annex. 


Pbinns on DSKJLVW7X2PROD with BILLS
691 

•S 2792 RS

1 SEC. 1515. ANNUAL BRIEFING ON THREATS TO SPACE OP2 ERATIONS. 

3 (a) IN GENERAL.—Not later than February 28 each 

4 year through 2026, the Chief of Space Operations, in con5 sultation with the Director of National Intelligence, shall 

6 brief the appropriate committees of Congress on the 

7 threats to United States space operations posed by the 

8 Russian Federation, the People’s Republic of China, and 

9 any other country relevant to the conduct of such oper10 ations. 

11 (b) ELEMENTS.—Each briefing required by sub12 section (a) shall include the following: 

13 (1) A review of the current posture of such 

14 threats and anticipated advances in such threats 

15 over the subsequent five-year period. 

16 (2) A description of potential measures to 

17 counter such threats. 

18 (c) APPROPRIATE COMMITTEES OF CONGRESS DE19 FINED.—In this section, the term ‘‘appropriate commit20 tees of Congress’’ means— 

21 (1) the Committee on Armed Services, the 

22 Committee on Appropriations, and the Select Com23 mittee on Intelligence of the Senate; and 

24 (2) the Committee on Armed Services, the 

25 Committee on Appropriations, and the Permanent 


Pbinns on DSKJLVW7X2PROD with BILLS
692 

•S 2792 RS

1 Select Committee on Intelligence of the House of 

2 Representatives. 

3 Subtitle B—Defense Intelligence 

4 and Intelligence-related Activities 

5 SEC. 1521. AUTHORITY FOR ARMY COUNTERINTELLIGENCE 

6 AGENTS TO EXECUTE WARRANTS AND MAKE 

7 ARRESTS. 

8 (a) IN GENERAL.—Section 7377 of title 10, United 

9 States Code, is amended— 

10 (1) in the section heading, by inserting ‘‘and 

11 Army Counterintelligence Command’’ be12 fore the colon; and 

13 (2) in subsection (b)— 

14 (A) by striking‘‘any employee of the De15 partment of the Army who is a special agent’’ 

16 and inserting the following: ‘‘any employee of 

17 the Department of the Army who is— 

18 ‘‘(1) a special agent’’; 

19 (B) in subparagraph (1), as designated by 

20 subparagraph (A), by striking the period at the 

21 end and inserting ‘‘; or’’; and 

22 (C) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) a special agent of the Army Counterintel25 ligence Command (or a successor to that command) 


Pbinns on DSKJLVW7X2PROD with BILLS
693 

•S 2792 RS

1 whose duties include conducting, supervising, or co2 ordinating counterintelligence investigations involv3 ing potential or alleged violations punishable under 

4 chapter 37, 113B, or 115 of title 18 and similar of5 fenses punishable under this title.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 747 of such title is amended 

8 by striking the item relating to section 7377 and inserting 

9 the following new item: 

‘‘7377. Civilian special agents of the Criminal Investigation Command and Army 

Counterintelligence Command: authority to execute warrants 

and make arrests.’’. 

10 SEC. 1522. ANNUAL BRIEFING BY DIRECTOR OF THE DE11 FENSE INTELLIGENCE AGENCY ON ELEC12 TRONIC WARFARE THREAT TO OPERATIONS 

13 OF THE DEPARTMENT OF DEFENSE. 

14 (a) IN GENERAL.—Not later than the first March 31 

15 after the date of the enactment of this Act and not later 

16 than March 31 of each year thereafter until March 31, 

17 2026, the Director of the Defense Intelligence Agency 

18 shall provide the congressional defense committees, the 

19 Select Committee on Intelligence of the Senate, and the 

20 Permanent Select Committee on Intelligence of the House 

21 of Representatives a briefing on the electronic warfare 

22 threat to operations of the Department of Defense by Rus23 sia and China as well other countries relevant to the con24 duct of such operations. 


Pbinns on DSKJLVW7X2PROD with BILLS
694 

•S 2792 RS

1 (b) CONTENTS.—Each briefing provided under sub2 section (a) shall include a review of the following: 

3 (1) Current electronic warfare capabilities of 

4 the armed forces of Russia, the armed forces of 

5 China, and the armed forces of such other countries 

6 as the Director considers appropriate. 

7 (2) An estimate, for the five-year period begin8 ning after the date of the briefing of the following: 

9 (A) Advances in electronic warfare threats 

10 to the operations of the Department from the 

11 countries referred to in paragraph (1). 

12 (B) The order of battle for Russia, China, 

13 and each other country the Secretary considers 

14 appropriate. 

15 Subtitle C—Nuclear Forces 

16 SEC. 1531. PARTICIPATION IN UNITED STATES STRATEGIC 

17 COMMAND STRATEGIC DETERRENCE EXER18 CISES. 

19 (a) SENSE OF THE SENATE.—It is the sense of the 

20 Senate that— 

21 (1) presidential decisions to consider or author22 ize the use of nuclear weapons are of critical na23 tional importance, and should be informed by senior 

24 officials and staff who are intimately familiar with 

25 the likely scenarios in which such use might be conVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
695 

•S 2792 RS

1 templated and trained in the associated consultation 

2 and communications processes; 

3 (2) in a world in which emerging technologies 

4 are rapidly changing the nature of conflict, the con5 siderations surrounding the use of nuclear weapons 

6 have become even more complex, challenging even 

7 those most experienced with the intricacies of nu8 clear employment decision-making processes, and 

9 that now, more than ever, effective crisis manage10 ment requires improved senior leader understanding 

11 of the complexities of deterrence, escalation and de12 escalation, and the range of options available across 

13 all phases of a crisis or conflict; 

14 (3) as a result of the concerns described in 

15 paragraph (2), section 1669 of the John S. McCain 

16 National Defense Authorization Act for Fiscal Year 

17 2019 (Public Law 115–232; 132 Stat. 2156) di18 rected the Secretary of Defense to contract with a 

19 federally funded research and development center to 

20 conduct a study on the potential benefits and risks 

21 of options to increase the time the President has to 

22 make a decision regarding the employment of nu23 clear weapons; 

24 (4) the resulting report, completed by the Insti25 tute for Defense Analyses, found that, ‘‘For the unVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
696 

•S 2792 RS

1 derlying system to have the best chance of giving a 

2 president all of the decision time the circumstances 

3 afford, trusted advisors cannot be starting to become 

4 familiar with nuclear weapons and operations in the 

5 midst of a crisis. Consequently, a relatively simple 

6 path to maximizing presidential decision time fo7 cuses on preparing principals for a type of decision 

8 or situation that will be different than anything they 

9 have encountered previously in their careers.’’; 

10 (5) in 2020, the Defense Science Board reached 

11 a similar recommendation in assessing the national 

12 leadership command capability, which was to ‘‘estab13 lish an exercise, testing, and learning regimen that 

14 is sustained and provides the principal source of 

15 areas for continuous improvement in capabilities and 

16 processes’’; 

17 (6) such preparation is best achieved through 

18 participation in realistic and operationally relevant 

19 simulations of scenarios in which a decision to au20 thorize the use of nuclear weapons might reasonably 

21 be considered and, accordingly, senior officials, advi22 sors to the President, and staff should leverage any 

23 and all opportunities to improve their familiarity 

24 with such scenarios and processes; and 


Pbinns on DSKJLVW7X2PROD with BILLS
697 

•S 2792 RS

1 (7) because of the highly classified nature of 

2 such activities, the most appropriate means of im3 proving familiarity with such scenarios and processes 

4 is through participation in annual exercises orga5 nized and executed by the United States Strategic 

6 Command and Joint Staff or through other appro7 priate nuclear and command control exercises con8 ducted on a regular basis. 

9 (b) PARTICIPATION IN UNITED STATES STRATEGIC

10 COMMAND STRATEGIC DETERRENCE EXERCISES.— 

11 (1) IN GENERAL.—Chapter 24 of title 10, 

12 United States Code, is amended by adding at the 

13 end the following new section: 

14 ‘‘§ 499b. Participation in United States Strategic 

15 Command strategic deterrence exercises 

16 ‘‘(a) IN GENERAL.—In the case of annual strategic 

17 deterrence exercises held by the United States Strategic 

18 Command during fiscal years 2022 through 2032— 

19 ‘‘(1) the Assistant to the President for National 

20 Security Affairs is encouraged to participate in each 

21 such exercise that occurs during an even-numbered 

22 year; 

23 ‘‘(2) the Deputy Assistant to the President for 

24 National Security Affairs is encouraged to particiVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
698 

•S 2792 RS

1 pate in each such exercise that occurs during an 

2 odd-numbered year; 

3 ‘‘(3) the Under Secretary of Defense for Policy 

4 shall participate, in whole or in part, in each such 

5 exercise; 

6 ‘‘(4) the Vice Chairman of the Joint Chiefs of 

7 Staff shall participate, in whole or in part, in each 

8 such exercise; 

9 ‘‘(5) appropriate senior staff of the Executive 

10 Office of the President or appropriate organizations 

11 supporting the White House relating to continuity of 

12 government activities are encouraged to participate 

13 in each such exercise; 

14 ‘‘(6) appropriate general or flag officers of the 

15 military departments, and appropriate employees of 

16 Federal agencies in Senior Executive Service posi17 tions (as defined in section 3132 of title 5, United 

18 States Code), shall participate, in whole or in part, 

19 in each such exercise, to provide relevant expertise 

20 to the Assistant to the President for National Secu21 rity Affairs and the Deputy Assistant to the Presi22 dent for National Security Affairs; and 

23 ‘‘(7) in the case of such an exercise for which 

24 a unified combatant command has a geographic area 

25 of responsibility relevant to the scenario planned to 


Pbinns on DSKJLVW7X2PROD with BILLS
699 

•S 2792 RS

1 be used for the exercise, not fewer than two of the 

2 following individuals from that command shall par3 ticipate, in whole or in part, in the exercise: 

4 ‘‘(A) The Commander. 

5 ‘‘(B) The Deputy Commander. 

6 ‘‘(C) The Director of the Joint Staff for 

7 Operations. 

8 ‘‘(D) The Director of the Joint Staff for 

9 Strategic Plans and Policy. 

10 ‘‘(b) REPORTS REQUIRED.—(1) Not later than 30 

11 days after the completion of an annual strategic deter12 rence exercise described in subsection (a), the Commander 

13 of the United States Strategic Command shall submit to 

14 the Chairman of the Joint Chiefs of Staff and the Sec15 retary of Defense a report on the exercise, which, at a 

16 minimum, shall include the following: 

17 ‘‘(A) A description of the purpose and scope of 

18 the exercise. 

19 ‘‘(B) An identification of the principal per20 sonnel participating in the exercise. 

21 ‘‘(C) A statement of the principal findings re22 sulting from the exercise that specifically relate to 

23 the nuclear command, control, and communications 

24 or senior leader decision-making process and a deVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
700 

•S 2792 RS

1 scription of any deficiencies in that process identi2 fied a result of the exercise. 

3 ‘‘(2) Not later than 60 days after the completion of 

4 an annual strategic deterrence exercise described in sub5 section (a), the Secretary shall transmit to the congres6 sional defense committees— 

7 ‘‘(A) an unedited copy of the report of the 

8 Commander submitted under paragraph (1); and 

9 ‘‘(B) any additional recommendations or other 

10 matters the Secretary considers appropriate.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions for chapter 24 of such title is amended by add13 ing at the end the following new item: 

‘‘499b. Participation in annual United States Strategic Command strategic deterrence exercises.’’. 

14 SEC. 1532. MODIFICATION TO REQUIREMENTS RELATING 

15 TO NUCLEAR FORCE REDUCTIONS. 

16 (a) PRIOR NOTIFICATION OF REDUCTIONS FOR IN17 SUFFICIENT FUNDING.—Subsection (a)(2)(B) of section 

18 494 of title 10, United States Code, is amended by strik19 ing ‘‘60 days’’ and inserting ‘‘120 days’’. 

20 (b) NET ASSESSMENT OF NUCLEAR FORCE LEVELS

21 WITH RESPECT TO CERTAIN PROPOSALS TO REDUCE NU22 CLEAR WEAPONS STOCKPILE.—Subsection (c) of such 

23 section is amended— 


Pbinns on DSKJLVW7X2PROD with BILLS
701 

•S 2792 RS

1 (1) by striking ‘‘December 31, 2011’’ each 

2 place it appears and inserting ‘‘December 31, 

3 2021’’; 

4 (2) in paragraph (1)— 

5 (A) by amending subparagraph (B) to read 

6 as follows: 

7 ‘‘(B) the Secretary of Defense shall, not 

8 later than 120 days before the President imple9 ments that proposal, submit to the congres10 sional defense committees— 

11 ‘‘(i) the assessment described in sub12 paragraph (A), unchanged, together with 

13 the explanatory views of the Secretary, as 

14 the Secretary deems appropriate; and 

15 ‘‘(ii) an assessment of whether the 

16 proposed reduction in nuclear weapons will 

17 cause the number of nuclear weapons in 

18 the United States nuclear weapons stock19 pile to be fewer than the high-confidence 

20 assessment of the intelligence community 

21 (as defined in section 3(4) of the National 

22 Security Act of 1947 (50 U.S.C. 3003(4))) 

23 with respect to the number of nuclear 

24 weapons in the stockpiles of the Russian 


Pbinns on DSKJLVW7X2PROD with BILLS
702 

•S 2792 RS

1 Federation and the People’s Republic of 

2 China; and’’; and 

3 (B) in subparagraph (C), by striking 

4 ‘‘Committees on Armed Forces of the Senate 

5 and the House of Representatives’’ and insert6 ing ‘‘congressional defense committees’’; 

7 (3) in paragraph (2)(B)— 

8 (A) in clause (i)— 

9 (i) by inserting ‘‘nonpermanent’’ be10 fore ‘‘reductions’’; and 

11 (ii) by striking ‘‘; or’’ and inserting a 

12 semicolon; 

13 (B) by redesignating clause (ii) as clause 

14 (iii); and 

15 (C) by inserting after clause (i) the fol16 lowing new clause (ii): 

17 ‘‘(ii) nonpermanent reductions that 

18 support the reliability, credibility, testing, 

19 maintenance, or certification of nuclear 

20 weapons delivery systems; or’’; and 

21 (4) by striking paragraph (3). 

22 (c) PREVENTION OF ASYMMETRY IN REDUCTIONS.— 

23 Such section is further amended by striking subsection 

24 (d). 


Pbinns on DSKJLVW7X2PROD with BILLS
703 

•S 2792 RS

1 SEC. 1533. MODIFICATIONS TO REQUIREMENTS RELATING 

2 TO UNILATERAL CHANGES IN NUCLEAR 

3 WEAPONS STOCKPILE OF THE UNITED 

4 STATES. 

5 Section 498 of title 10, United States Code, is 

6 amended— 

7 (1) by striking subsection (a) and inserting the 

8 following new subsection (a): 

9 ‘‘(a) IN GENERAL.—Other than pursuant to a treaty 

10 to which the Senate has provided advice and consent pur11 suant to section 2 of article II of the Constitution of the 

12 United States, if the President has under consideration 

13 to unilaterally change the size of the total stockpile of nu14 clear weapons of the United States, or the total number 

15 of deployed nuclear weapons (as defined under the New 

16 START Treaty), by more than 15 percent, prior to doing 

17 so the President shall initiate a Nuclear Posture Review.’’; 

18 (2) in subsection (c), by striking ‘‘in the nuclear 

19 weapons stockpile by more than 25 percent’’ and in20 serting ‘‘described in subsection (a)’’; 

21 (3) in subsection (d), by striking ‘‘treaty obliga22 tions’’ and inserting ‘‘obligations pursuant to a trea23 ty to which the Senate has provided advice and con24 sent pursuant to section 2 of article II of the Con25 stitution’’; and 

26 (4) by adding at the end the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
704 

•S 2792 RS

1 ‘‘(f) NEW START TREATY DEFINED.—In this sec2 tion, the term ‘New START Treaty’ means the Treaty be3 tween the United States of America and the Russian Fed4 eration on Measures for the Further Reduction and Limi5 tation of Strategic Offensive Arms, signed on April 8, 

6 2010, and entered into force on February 5, 2011.’’. 

7 SEC. 1534. DEADLINE FOR REPORTS ON MODIFICATION OF 

8 FORCE STRUCTURE FOR STRATEGIC NU9 CLEAR WEAPONS DELIVERY SYSTEMS. 

10 Section 493 of title 10, United States Code, is 

11 amended in the first sentence by inserting after ‘‘report 

12 on the modification’’ the following: ‘‘not less than 180 

13 days before the intended effective date of the modifica14 tion’’. 

15 SEC. 1535. MODIFICATION OF DEADLINE FOR NOTIFICA16 TIONS RELATING TO REDUCTION, CONSOLI17 DATION, OR WITHDRAWAL OF NUCLEAR 

18 FORCES BASED IN EUROPE. 

19 Section 497(b) of title 10, United States Code, is 

20 amended by striking ‘‘60 days’’ and inserting ‘‘120 days’’. 

21 SEC. 1536. CONGRESSIONAL COMMISSION ON THE STRA22 TEGIC POSTURE OF THE UNITED STATES. 

23 (a) ESTABLISHMENT.—There is established in the 

24 legislative branch a commission to be known as the ‘‘Con25 gressional Commission on the Strategic Posture of the 


Pbinns on DSKJLVW7X2PROD with BILLS
705 

•S 2792 RS

1 United States’’ (in this section referred to as the ‘‘Com2 mission’’). The purpose of the Commission is to examine 

3 and make recommendations to the President and Congress 

4 with respect to the long-term strategic posture of the 

5 United States. 

6 (b) COMPOSITION.— 

7 (1) MEMBERSHIP.—The Commission shall be 

8 composed of 12 members appointed as follows: 

9 (A) Three by the chairperson of the Com10 mittee on Armed Services of the Senate. 

11 (B) Three by the ranking minority member 

12 of the Committee on Armed Services of the 

13 Senate. 

14 (C) Three by the chairperson of the Com15 mittee on Armed Services of the House of Rep16 resentatives. 

17 (D) Three by the ranking minority member 

18 of the Committee on Armed Services of the 

19 House of Representatives. 

20 (2) QUALIFICATIONS.— 

21 (A) IN GENERAL.—In making appoint22 ments under paragraph (1), the chairpersons 

23 and ranking minority members of the Commit24 tees on Armed Services of the Senate and the 


Pbinns on DSKJLVW7X2PROD with BILLS
706 

•S 2792 RS

1 House of Representatives shall select members 

2 from among individuals who— 

3 (i) are United States citizens; 

4 (ii) are not officers or employees of 

5 the Federal Government or any State or 

6 local government; and 

7 (iii) have received national recognition 

8 and have significant depth of experience in 

9 such professions as governmental service, 

10 law enforcement, the Armed Forces, law, 

11 public administration, intelligence gath12 ering, commerce (including aviation mat13 ters), or foreign affairs. 

14 (B) POLITICAL PARTY AFFILIATION.—Not 

15 more than 6 members of the Commission may 

16 be appointed from the same political party. 

17 (3) DEADLINE FOR APPOINTMENT.— 

18 (A) IN GENERAL.—All members of the 

19 Commission shall be appointed under paragraph 

20 (1) not later than 45 days after the date of the 

21 enactment of this Act. 

22 (B) EFFECT OF LACK OF APPOINTMENTS

23 BY APPOINTMENT DATE.—If one or more ap24 pointments under paragraph (1) is not made by 

25 the date specified in subparagraph (A)— 


Pbinns on DSKJLVW7X2PROD with BILLS
707 

•S 2792 RS

1 (i) the authority to make such ap2 pointment or appointments shall expire; 

3 and 

4 (ii) the number of members of the 

5 Commission shall be reduced by the num6 ber of appointments not made by that 

7 date. 

8 (4) CHAIRPERSON; VICE CHAIRPERSON.— 

9 (A) CHAIRPERSON.—The chairpersons of 

10 the Committees on Armed Services of the Sen11 ate and the House of Representatives shall 

12 jointly designate one member of the Commis13 sion to serve as chairperson of the Commission. 

14 (B) VICE CHAIRPERSON.—The ranking mi15 nority members of the Committees on Armed 

16 Services of the Senate and the House of Rep17 resentatives shall jointly designate one member 

18 of the Commission to serve as vice chairperson 

19 of the Commission. 

20 (5) ACTIVATION.— 

21 (A) IN GENERAL.—The Commission— 

22 (i) may begin operations under this 

23 section on the date on which not less than 

2 24 ⁄3 of the members of the Commission have 

25 been appointed under paragraph (1); and 


Pbinns on DSKJLVW7X2PROD with BILLS
708 

•S 2792 RS

1 (ii) shall meet and begin the oper2 ations of the Commission as soon as prac3 ticable after the date described in clause 

4 (i). 

5 (B) SUBSEQUENT MEETINGS.—After its 

6 initial meeting, the Commission shall meet upon 

7 the call of the chairperson or a majority of its 

8 members. 

9 (6) QUORUM.—Eight members of the Commis10 sion shall constitute a quorum. 

11 (7) PERIOD OF APPOINTMENT; VACANCIES.— 

12 Members of the Commission shall be appointed for 

13 the life of the Commission. A vacancy in the Com14 mission does not affect the powers of the Commis15 sion and shall (except as provided by paragraph 

16 (3)(B)) be filled in the same manner in which the 

17 original appointment was made. 

18 (8) REMOVAL OF MEMBERS.— 

19 (A) IN GENERAL.—A member of the Com20 mission may be removed from the Commission 

21 for cause by the individual serving in the posi22 tion responsible for the original appointment of 

23 the member under paragraph (1), provided that 

24 notice is first provided to that official of the 

25 cause for removal, and removal is voted and 


Pbinns on DSKJLVW7X2PROD with BILLS
709 

•S 2792 RS

agreed upon by 3 1 ⁄4 of the members of the Com2 mission. 

3 (B) VACANCIES.—A vacancy created by 

4 the removal of a member of the Commission 

5 under subparagraph (A) does not affect the 

6 powers of the Commission and shall be filled in 

7 the same manner in which the original appoint8 ment was made. 

9 (c) DUTIES.— 

10 (1) REVIEW.—The Commission shall conduct a 

11 review of the strategic posture of the United States, 

12 including a strategic threat assessment and a de13 tailed review of nuclear weapons policy, strategy, 

14 and force structure and factors affecting the stra15 tegic stability of near-peer competitors of the United 

16 States. 

17 (2) ASSESSMENT AND RECOMMENDATIONS.— 

18 (A) ASSESSMENT.—The Commission shall 

19 assess— 

20 (i) the benefits and risks associated 

21 with the current strategic posture and nu22 clear weapons policies of the United 

23 States; 

24 (ii) factors affecting strategic stability 

25 that relate to the strategic posture; and 


Pbinns on DSKJLVW7X2PROD with BILLS
710 

•S 2792 RS

1 (iii) lessons learned from the findings 

2 and conclusions of the Congressional Com3 mission on the Strategic Posture of the 

4 United States established by section 1062 

5 of the National Defense Authorization Act 

6 for Fiscal Year 2008 (Public Law 110– 

7 181; 122 Stat. 319) and other previous 

8 commissions and previous Nuclear Posture 

9 Reviews. 

10 (B) RECOMMENDATIONS.—The Commis11 sion shall make recommendations with respect 

12 to— 

13 (i) the most appropriate strategic pos14 ture; 

15 (ii) the extent to which capabilities 

16 other than nuclear weapons can contribute 

17 to or detract from strategic stability; and 

18 (iii) the most effective nuclear weap19 ons strategy for strategic posture and sta20 bility. 

21 (d) REPORT AND BRIEFING REQUIRED.— 

22 (1) IN GENERAL.—Not later than December 31, 

23 2022, the Commission shall submit to the President 

24 and the Committees on Armed Services of the Sen25 ate and the House of Representatives a report on 


Pbinns on DSKJLVW7X2PROD with BILLS
711 

•S 2792 RS

1 the Commission’s findings, conclusions, and rec2 ommendations. 

3 (2) ELEMENTS.—The report required by para4 graph (1) shall include— 

5 (A) the recommendations required by sub6 section (c)(2)(B); 

7 (B) a description of the military capabili8 ties and force structure necessary to support 

9 the nuclear weapons strategy recommended 

10 under that subsection, including nuclear, non11 nuclear kinetic, and nonkinetic capabilities that 

12 might support the strategy, and other factors 

13 that might affect strategic stability; 

14 (C) a description of the nuclear infrastruc15 ture (that is, the size of the nuclear complex) 

16 required to support the strategy and the appro17 priate organizational structure for the nuclear 

18 security enterprise; 

19 (D) an assessment of the role of missile 

20 defenses in the strategy; 

21 (E) an assessment of the role of cyber de22 fense capabilities in the strategy; 

23 (F) an assessment of the role of space sys24 tems in the strategy; 


Pbinns on DSKJLVW7X2PROD with BILLS
712 

•S 2792 RS

1 (G) an assessment of the role of non2 proliferation programs in the strategy; 

3 (H) an assessment of the role of nuclear 

4 arms control in the strategy; 

5 (I) an assessment of the political and mili6 tary implications of the strategy for the United 

7 States and its allies; and 

8 (J) any other information or recommenda9 tions relating to the strategy (or to the stra10 tegic posture) that the Commission considers 

11 appropriate. 

12 (3) INTERIM BRIEFING.—Not later than 180 

13 days after the deadline for appointment of members 

14 of the Commission specified in subsection (b)(3)(A), 

15 the Commission shall provide to the Committees on 

16 Armed Services of the Senate and the House of Rep17 resentatives a briefing on the status of the review, 

18 assessments, and recommendations required by sub19 section (c), including a discussion of any interim rec20 ommendations. 

21 (e) INFORMATION FROM FEDERAL AGENCIES.— 

22 (1) IN GENERAL.—The Commission may secure 

23 directly from the Department of Defense, the Na24 tional Nuclear Security Administration, the Depart25 ment of State, or the Office of the Director of NaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
713 

•S 2792 RS

1 tional Intelligence information, suggestions, esti2 mates, and statistics for the purposes of this section. 

3 Each of such agency shall, to the extent authorized 

4 by law, furnish such information, suggestions, esti5 mates, and statistics directly to the Commission, 

6 upon receiving a request made by— 

7 (A) the chairperson of the Commission; 

8 (B) the chairperson of any subcommittee 

9 of the Commission created by a majority of 

10 members of the Commission; or 

11 (C) any member of the Commission des12 ignated by a majority of the Commission for 

13 purposes of making requests under this para14 graph. 

15 (2) RECEIPT, HANDLING, STORAGE, AND DIS16 SEMINATION.—Information, suggestions, estimates, 

17 and statistics provided to the Commission under 

18 paragraph (1) may be received, handled, stored, and 

19 disseminated only by members of the Commission 

20 and its staff consistent with all applicable statutes, 

21 regulations, and Executive orders. 

22 (f) ASSISTANCE FROM FEDERAL AGENCIES.—In ad23 dition to information, suggestions, estimates, and statis24 tics provided under subsection (e), departments and agen25 cies of the United States may provide to the Commission 


Pbinns on DSKJLVW7X2PROD with BILLS
714 

•S 2792 RS

1 such services, funds, facilities, staff, and other support 

2 services as those departments and agencies may determine 

3 advisable and as may be authorized by law. 

4 (g) COMPENSATION AND TRAVEL EXPENSES.— 

5 (1) STATUS AS FEDERAL EMPLOYEES.—Not6 withstanding the requirements of section 2105 of 

7 title 5, United States Code, including the require8 ments relating to supervision under subsection 

9 (a)(3) of such section, the members of the commis10 sion shall be deemed to be Federal employees. 

11 (2) COMPENSATION.—Each member of the 

12 Commission may be compensated at not to exceed 

13 the daily equivalent of the annual rate of basic pay 

14 in effect for a position at level IV of the Executive 

15 Schedule under section 5315 of title 5, United 

16 States Code, for each day during which that member 

17 is engaged in the actual performance of the duties 

18 of the Commission. 

19 (3) TRAVEL EXPENSES.—While away from 

20 their homes or regular places of business in the per21 formance of services for the Commission, members 

22 of the Commission shall be allowed travel expenses, 

23 including per diem in lieu of subsistence, in the 

24 same manner as persons employed intermittently in 


Pbinns on DSKJLVW7X2PROD with BILLS
715 

•S 2792 RS

1 the Government service are allowed expenses under 

2 section 5703 of title 5, United States Code. 

3 (h) STAFF.— 

4 (1) EXECUTIVE DIRECTOR.—The Commission 

5 shall appoint and fix the rate of basic pay for an Ex6 ecutive Director in accordance with section 3161(d) 

7 of title 5, United States Code. 

8 (2) PAY.—The Executive Director appointed 

9 under paragraph (1) may, with the approval of the 

10 Commission, appoint and fix the rate of basic pay 

11 for additional personnel as staff of the Commission 

12 in accordance with section 3161(d) of title 5, United 

13 States Code. 

14 (i) PERSONAL SERVICES.— 

15 (1) AUTHORITY TO PROCURE.—The Commis16 sion may— 

17 (A) procure the services of experts or con18 sultants (or of organizations of experts or con19 sultants) in accordance with the provisions of 

20 section 3109 of title 5, United States Code; and 

21 (B) pay in connection with such services 

22 travel expenses of individuals, including trans23 portation and per diem in lieu of subsistence, 

24 while such individuals are traveling from their 

25 homes or places of business to duty stations. 


Pbinns on DSKJLVW7X2PROD with BILLS
716 

•S 2792 RS

1 (2) MAXIMUM DAILY PAY RATES.—The daily 

2 rate paid an expert or consultant procured pursuant 

3 to paragraph (1) may not exceed the daily equivalent 

4 of the annual rate of basic pay in effect for a posi5 tion at level IV of the Executive Schedule under sec6 tion 5315 of title 5, United States Code. 

7 (j) CONTRACTING AUTHORITY.—The Commission 

8 may acquire administrative supplies and equipment for 

9 Commission use to the extent funds are available. 

10 (k) AUTHORITY TO ACCEPT GIFTS.— 

11 (1) IN GENERAL.—The Commission may ac12 cept, use, and dispose of gifts or donations of serv13 ices, goods, and property from non-Federal entities 

14 for the purposes of aiding and facilitating the work 

15 of the Commission. The authority under this para16 graph does not extend to gifts of money. 

17 (2) DOCUMENTATION; CONFLICTS OF INTER18 EST.—The Commission shall document gifts accept19 ed under the authority provided by paragraph (1) 

20 and shall avoid conflicts of interest or the appear21 ance of conflicts of interest. 

22 (3) COMPLIANCE WITH CONGRESSIONAL ETHICS

23 RULES.—Except as specifically provided in this sec24 tion, a member of the Commission shall comply with 

25 rules set forth by the Select Committee on Ethics of 


Pbinns on DSKJLVW7X2PROD with BILLS
717 

•S 2792 RS

1 the Senate and the Committee on Ethics of the 

2 House of Representatives governing employees of the 

3 Senate and the House of Representatives, respec4 tively. 

5 (l) POSTAL SERVICES.—The Commission may use 

6 the United States mails in the same manner and under 

7 the same conditions as departments and agencies of the 

8 United States. 

9 (m) COMMISSION SUPPORT.—Not later than 60 days 

10 after the date of the enactment of this Act, the Secretary 

11 of Defense shall seek to enter into a contract with a feder12 ally funded research and development center to provide 

13 appropriate staff and administrative support for the ac14 tivities of the Commission. 

15 (n) EXPEDITION OF SECURITY CLEARANCES.—The 

16 Office of Senate Security and the Office of House Security 

17 shall ensure the expedited processing of appropriate secu18 rity clearances for personnel appointed to the Commission 

19 by offices of the Senate and the House of Representatives, 

20 respectively, under processes developed for the clearance 

21 of legislative branch employees. 

22 (o) LEGISLATIVE ADVISORY COMMITTEE.—The Com23 mission shall operate as a legislative advisory committee 

24 and shall not be subject to the provisions of the Federal 

25 Advisory Committee Act (5 U.S.C. App) or section 552b, 


Pbinns on DSKJLVW7X2PROD with BILLS
718 

•S 2792 RS

1 United States Code (commonly known as the ‘‘Govern2 ment in the Sunshine Act’’). 

3 (p) FUNDING.—Of the amounts authorized to be ap4 propriated by this Act for fiscal year 2022 for the Depart5 ment of Defense, up to $7,000,000 shall be made available 

6 to the Commission to carry out its duties under this sec7 tion. Funds made available to the Commission under the 

8 preceding sentence shall remain available until expended. 

9 (q) TERMINATION.— 

10 (1) IN GENERAL.—The Commission, and all au11 thorities under this section, shall terminate on the 

12 date that is 90 days after the Commission submits 

13 the final report required by subsection (d). 

14 (2) ADMINISTRATIVE ACTIONS BEFORE TERMI15 NATION.—The Commission may use the 90-day pe16 riod described in paragraph (1) for the purpose of 

17 concluding its activities, including providing testi18 mony to committees of Congress with respect to and 

19 disseminating the report required by subsection (d). 

20 SEC. 1537. REVISED NUCLEAR POSTURE REVIEW. 

21 (a) REQUIREMENT FOR COMPREHENSIVE REVIEW.— 

22 In order to clarify United States nuclear deterrence policy 

23 and strategy for the near term, the Secretary of Defense, 

24 acting through the Under Secretary of Defense for Policy 

25 and the Vice Chairman of the Joint Chiefs of Staff, shall 


Pbinns on DSKJLVW7X2PROD with BILLS
719 

•S 2792 RS

1 conduct a comprehensive review of the nuclear posture of 

2 the United States for the next 5 to 10 years. The Sec3 retary shall conduct the review in consultation with the 

4 Secretary of Energy, the Secretary of State, and the Di5 rector of National Intelligence. 

6 (b) ELEMENTS OF REVIEW.—The nuclear posture re7 view shall include the following elements: 

8 (1) An assessment of the current and projected 

9 nuclear capabilities of the Russian Federation and 

10 the People’s Republic of China, and such other po11 tential threats as the Secretary considers appro12 priate to include. 

13 (2) The role of nuclear forces in United States 

14 military strategy, planning, and programming. 

15 (3) The policy requirements and objectives for 

16 the United States to maintain a safe, reliable, and 

17 credible nuclear deterrence posture. 

18 (4) The relationship among United States nu19 clear deterrence policy, targeting strategy, and arms 

20 control objectives. 

21 (5) The role that missile defenses, conventional 

22 strike forces, and other capabilities play in deter23 mining the role and size of nuclear forces. 

24 (6) The levels and composition of the nuclear 

25 delivery systems that will be required for impleVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
720 

•S 2792 RS

1 menting the United States national and military 

2 strategy, including ongoing plans for replacing exist3 ing systems. 

4 (7) The nuclear weapons complex that will be 

5 required for implementing the United States na6 tional and military strategy, including ongoing plans 

7 to modernize the complex. 

8 (8) The active and inactive nuclear weapons 

9 stockpile that will be required for implementing the 

10 United States national and military strategy, includ11 ing ongoing plans for replacing or modifying war12 heads. 

13 (c) REPORT TO CONGRESS.—The Secretary of De14 fense shall submit to Congress, in unclassified and classi15 fied forms as necessary, a report on the results of the nu16 clear posture review conducted under this section. The re17 port shall be submitted concurrently with the national de18 fense strategy required to be submitted under section 

19 113(g) of title 10, United States Code, in 2022. 

20 SEC. 1538. GROUND-BASED STRATEGIC DETERRENT DEVEL21 OPMENT PROGRAM ACCOUNTABILITY MAT22 RICES. 

23 (a) IN GENERAL.—Concurrent with the submission 

24 to Congress of the budget of the President for fiscal year 

25 2023 and each fiscal year thereafter pursuant to section 


Pbinns on DSKJLVW7X2PROD with BILLS
721 

•S 2792 RS

1 1105(a) of title 31, United States Code, the Secretary of 

2 the Air Force shall submit to the congressional defense 

3 committees and the Comptroller General of the United 

4 States the matrices described in subsection (b) relating to 

5 the ground-based strategic deterrent weapon system. 

6 (b) MATRICES DESCRIBED.—The matrices described 

7 in this subsection are the following: 

8 (1) ENGINEERING AND MANUFACTURING DE9 VELOPMENT GOALS.—A matrix that identifies, in 

10 six-month increments, key milestones, development 

11 events, and specific performance goals for the engi12 neering and manufacturing development phase of 

13 the ground-based strategic deterrent weapon system, 

14 which shall be subdivided, at a minimum, according 

15 to the following: 

16 (A) Technology maturity, including tech17 nology readiness levels of major components 

18 and key demonstration events leading to tech19 nology readiness level 7 full maturity. 

20 (B) Design maturity for the missile, weap21 on system command and control, and ground 

22 systems. 

23 (C) Software maturity, including key 

24 events and metrics. 


Pbinns on DSKJLVW7X2PROD with BILLS
722 

•S 2792 RS

1 (D) Manufacturing maturity, including 

2 manufacturing readiness levels for critical man3 ufacturing operations and key demonstration 

4 events. 

5 (E) The schedule with respect to the fol6 lowing: 

7 (i) Ground-based strategic deterrent 

8 weapon system level critical path events 

9 and margins. 

10 (ii) Separate individual critical path 

11 events and margins for each of the fol12 lowing major events: 

13 (I) First flight. 

14 (II) First functional test. 

15 (III) Weapon system qualifica16 tion. 

17 (IV) Combined certifications. 

18 (V) Operational weapon system 

19 article. 

20 (VI) Initial operational capa21 bility. 

22 (VII) Wing A completion. 

23 (F) Personnel, including planned and ac24 tual staffing for the program office and for con25 tractor and supporting organizations, including 


Pbinns on DSKJLVW7X2PROD with BILLS
723 

•S 2792 RS

1 for testing, nuclear certification, and civil engi2 neering by the Air Force. 

3 (G) Reliability, including growth plans and 

4 key milestones. 

5 (2) COST.— 

6 (A) IN GENERAL.—The following matrices 

7 relating to the cost of the ground-based stra8 tegic deterrent weapon system: 

9 (i) A matrix expressing, in six-month 

10 increments, the total cost for the engineer11 ing and manufacturing development phase 

12 and low rate initial production lots of the 

13 ground-based strategic deterrent weapon 

14 system. 

15 (ii) A matrix expressing the total cost 

16 for the prime contractor’s estimate for the 

17 engineering and manufacturing develop18 ment phase and production lots. 

19 (B) PHASING AND SUBDIVISION OF MAT20 RICES.—The matrices described in clauses (i) 

21 and (ii) of subparagraph (A) shall be— 

22 (i) phased over the entire engineering 

23 and manufacturing development period; 

24 and 


Pbinns on DSKJLVW7X2PROD with BILLS
724 

•S 2792 RS

1 (ii) subdivided according to the costs 

2 of the primary subsystems in the ground3 based strategic deterrent weapon system 

4 work breakdown structure. 

5 (c) SEMI-ANNUAL UPDATES OF MATRICES.—Not 

6 later than 180 days after the date on which the Secretary 

7 submits the matrices described in subsection (b) for a year 

8 as required by subsection (a), the Secretary shall submit 

9 to the congressional defense committees and the Comp10 troller General updates to the matrices. 

11 (d) TREATMENT OF THE FIRST MATRICES AS BASE12 LINE.— 

13 (1) IN GENERAL.—The first set of matrices 

14 submitted under subsection (a) shall be treated as 

15 the baseline for the full engineering and manufac16 turing development phase and low rate initial pro17 duction of the ground-based strategic deterrent 

18 weapon system program for purposes of updates 

19 submitted under subsection (c) and subsequent mat20 rices submitted under subsection (a). 

21 (2) ELEMENTS.—After the submission of the 

22 first set of matrices required by subsection (a), each 

23 update submitted under subsection (c) and each sub24 sequent set of matrices submitted under subsection 

25 (a) shall— 


Pbinns on DSKJLVW7X2PROD with BILLS
725 

•S 2792 RS

1 (A) clearly identify changes in key mile2 stones, development events, and specific per3 formance goals identified in the first set of mat4 rices; and 

5 (B) provide updated cost estimates. 

6 (e) ASSESSMENT BY COMPTROLLER GENERAL OF

7 THE UNITED STATES.—Not later than 60 days after re8 ceiving the matrices described in subsection (b) for a year 

9 as required by subsection (a), the Comptroller General 

10 shall assess the acquisition progress made with respect to 

11 the ground-based strategic deterrent weapon system and 

12 brief the congressional defense committees on the results 

13 of that assessment. 

14 (f) TERMINATION.—The requirements of this section 

15 shall terminate on the date that is one year after the 

16 ground-based strategic deterrent weapon system achieves 

17 initial operational capability. 

18 SEC. 1539. PROCUREMENT AUTHORITY FOR CERTAIN 

19 PARTS OF GROUND-BASED STRATEGIC DE20 TERRENT CRYPTOGRAPHIC DEVICE. 

21 (a) IN GENERAL.—The Secretary of the Air Force 

22 may enter into contracts for the life-of-type procurement 

23 of covered parts supporting the KS–75 cryptographic de24 vice under the ground-based strategic deterrent program. 


Pbinns on DSKJLVW7X2PROD with BILLS
726 

•S 2792 RS

1 (b) AVAILABILITY OF FUNDS.—Notwithstanding sec2 tion 1502(a) of title 31, United States Code, of the 

3 amount authorized to be appropriated for fiscal year 2022 

4 by section 101 and available for Missile Procurement, Air 

5 Force, as specified in the funding table in section 4101, 

6 $10,000,000 shall be available for the procurement of cov7 ered parts pursuant to contracts entered into under sub8 section (a). 

9 (c) COVERED PARTS DEFINED.—In this section, the 

10 term ‘‘covered parts’’ means commercially available off11 the-shelf items as defined in section 104 of title 41, United 

12 States Code. 

13 SEC. 1540. MISSION-DESIGN SERIES POPULAR NAME FOR 

14 GROUND-BASED STRATEGIC DETERRENT. 

15 (a) REQUIREMENT.—Not later than 30 days after the 

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

17 Air Force, in coordination with the Under Secretary of 

18 Defense for Acquisition and Sustainment, shall establish 

19 a mission-design series popular name for the ground-based 

20 strategic deterrent, consistent with the procedures set 

21 forth in Department of Defense Directive 4120.15 (relat22 ing to designating and naming military aerospace vehi23 cles). 

24 (b) NOTIFICATION.—Not later than 10 days after 

25 completing the requirement under subsection (a), the SecVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
727 

•S 2792 RS

1 retary of the Air Force shall notify the congressional de2 fense committees of the completion of the requirement. 

3 SEC. 1541. B–21 RAIDER NUCLEAR CAPABILITY AND INTE4 GRATION WITH LONG-RANGE STANDOFF 

5 WEAPON. 

6 Not later than two years after declaration of initial 

7 operational capability for the long-range standoff weapon, 

8 the Secretary of the Air Force shall ensure that— 

9 (1) all integration activities with the B–21 

10 Raider are completed; and 

11 (2) the B–21 Raider will be operationally capa12 ble of employing the long-range standoff weapon 

13 across all required mission scenarios. 

14 SEC. 1542. COMPTROLLER GENERAL STUDY AND UPDATED 

15 REPORT ON NUCLEAR WEAPONS CAPABILI16 TIES AND FORCE STRUCTURE REQUIRE17 MENTS. 

18 (a) COMPTROLLER GENERAL STUDY REQUIRED.— 

19 The Comptroller General of the United States shall con20 duct a study on the strategic nuclear weapons capabilities, 

21 force structure, employment policy, and targeting require22 ments of the Department of Defense. 

23 (b) MATTERS COVERED.—The study conducted 

24 under subsection (a) shall, at minimum, consist of an up25 date to the report of the Comptroller General entitled 


Pbinns on DSKJLVW7X2PROD with BILLS
728 

•S 2792 RS

1 ‘‘Strategic Weapons: Changes in the Nuclear Weapons 

2 Targeting Process Since 1991’’ (GAO–12–786R) and 

3 dated July 31, 2012, including covering any changes to— 

4 (1) how the Department of Defense has as5 sessed threats and modified its nuclear deterrence 

6 policy; 

7 (2) targeting and employment guidance from 

8 the President, the Secretary of Defense, the Chair9 man of the Joint Chiefs of Staff, and the Com10 mander of United States Strategic Command; 

11 (3) nuclear weapons planning and targeting, in12 cluding categories and types of targets; 

13 (4) strategic nuclear forces, including the stock14 pile, force posture, and modernization; 

15 (5) the level of civilian oversight; 

16 (6) the relationship between targeting and re17 quirements; and 

18 (7) any other matters considered appropriate by 

19 the Comptroller General. 

20 (c) REPORTING.— 

21 (1) BRIEFING ON PRELIMINARY FINDINGS.— 

22 Not later than March 31, 2022, the Comptroller 

23 General shall provide to the congressional defense 

24 committees a briefing on the preliminary findings of 

25 the study conducted under subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
729 

•S 2792 RS

1 (2) FINAL REPORT.—The Comptroller General 

2 shall submit to the congressional defense committees 

3 a final report on the findings of the study conducted 

4 under subsection (a) at a time agreed to by the 

5 Comptroller General and the congressional defense 

6 committees at the briefing required by paragraph 

7 (1). 

8 (3) FORM.—The briefing required by paragraph 

9 (1) may be provided, and the report required by 

10 paragraph (2) may be submitted, in classified form. 

11 (d) COOPERATION.—The Secretary of Defense and 

12 the Secretary of Energy shall provide the Comptroller 

13 General with full cooperation and access to appropriate 

14 officials, guidance, and documentation for the purposes of 

15 conducting the study required by subsection (a). 

16 SEC. 1543. PROHIBITION ON REDUCTION OF THE INTER17 CONTINENTAL BALLISTIC MISSILES OF THE 

18 UNITED STATES. 

19 (a) PROHIBITION.—Except as provided in subsection 

20 (b), none of the funds authorized to be appropriated by 

21 this Act for fiscal year 2022 for the Department of De22 fense may be obligated or expended for the following, and 

23 the Department may not otherwise take any action to do 

24 the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
730 

•S 2792 RS

1 (1) Reduce, or prepare to reduce, the respon2 siveness or alert level of the intercontinental ballistic 

3 missiles of the United States. 

4 (2) Reduce, or prepare to reduce, the quantity 

5 of deployed intercontinental ballistic missiles of the 

6 United State to a number less than 400. 

7 (b) EXCEPTION.—The prohibition in subsection (a) 

8 shall not apply to the following activities: 

9 (1) The maintenance, sustainment, or replace10 ment of intercontinental ballistic missiles. 

11 (2) Ensuring the safety, security, or reliability 

12 of intercontinental ballistic missiles. 

13 SEC. 1544. LIMITATION ON USE OF FUNDS UNTIL COMPLE14 TION OF ANALYSIS OF ALTERNATIVES FOR 

15 NUCLEAR SEA-LAUNCHED CRUISE MISSILE. 

16 (a) IN GENERAL.—Not more than 90 percent of the 

17 funds authorized to be appropriated by this Act for fiscal 

18 year 2022 to the Office of the Under Secretary of Defense 

19 for Policy, for the purposes of operating the Office of the 

20 Assistant Secretary of Defense for Strategy, Plans, and 

21 Capabilities, may be obligated or expended until the Under 

22 Secretary provides a briefing to the congressional defense 

23 committees on— 

24 (1) the results of the analysis of alternatives for 

25 the nuclear sea-launched cruise missile; and 


Pbinns on DSKJLVW7X2PROD with BILLS
731 

•S 2792 RS

1 (2) the analysis of the Director of Cost Assess2 ment and Program Evaluation of the adequacy of 

3 that analysis of alternatives, conducted pursuant to 

4 section 139a(d)(4) of title 10, United States Code. 

5 (b) REPORT REQUIRED.—Not later than April 1, 

6 2022, the Chairman of the Nuclear Weapons Council, in 

7 coordination with the Secretary of the Navy and the Ad8 ministrator for Nuclear Security, shall provide a briefing 

9 to the congressional defense committees on the planned 

10 management structure for the joint missile and warhead 

11 development program. 

12 SEC. 1545. SENSE OF THE SENATE ON NATO SECURITY AND 

13 NUCLEAR COOPERATION BETWEEN THE 

14 UNITED STATES AND THE UNITED KINGDOM. 

15 It is the sense of the Senate that— 

16 (1) the United States strategic nuclear deter17 rent, and the independent strategic nuclear deter18 rents of the United Kingdom and the French Repub19 lic, are the supreme guarantee of the security of the 

20 North Atlantic Treaty Organization (commonly re21 ferred to as ‘‘NATO’’) and continue to underwrite 

22 peace and security for all members of the NATO al23 liance; 

24 (2) the security of the NATO alliance also relies 

25 upon nuclear sharing arrangements that predate, 


Pbinns on DSKJLVW7X2PROD with BILLS
732 

•S 2792 RS

1 and are fully consistent with, the Treaty on the 

2 Non-Proliferation of Nuclear Weapons, done at 

3 Washington, London, and Moscow July 1, 1968, and 

4 entered into force March 5, 1960 (commonly re5 ferred to as the ‘‘Nuclear Non-Proliferation Trea6 ty’’); 

7 (3) such arrangements provide for the forward 

8 deployment of United States nuclear weapons in Eu9 rope, along with the supporting capabilities, infra10 structure, and dual-capable aircraft dedicated to the 

11 delivery of United States nuclear weapons, provided 

12 by European NATO allies; 

13 (4) in parallel to the independent commitments 

14 of the United States and the United Kingdom to the 

15 enduring security of NATO, the nuclear programs of 

16 the United States and the United Kingdom have en17 joyed significant collaborative benefits as a result of 

18 the cooperative relationship formalized in the Agree19 ment for Cooperation on the Uses of Atomic Energy 

20 for Mutual Defense Purposes, signed at Washington 

21 July 3, 1958, and entered into force August 4, 

22 1958, between the United States and the United 

23 Kingdom (commonly referred to as the ‘‘Mutual De24 fense Agreement’’); 


Pbinns on DSKJLVW7X2PROD with BILLS
733 

•S 2792 RS

1 (5) the unique partnership between the United 

2 States and the United Kingdom has enhanced sov3 ereign military and scientific capabilities, strength4 ened bilateral ties, and resulted in the sharing of 

5 costs; 

6 (6) as the international security environment 

7 deteriorates and potential adversaries expand and 

8 enhance their nuclear forces, the extended deter9 rence commitments of the United Kingdom play an 

10 increasingly important role in supporting the secu11 rity interests of the United States and allies of the 

12 United States and the United Kingdom; 

13 (7) additionally, the extension of the nuclear de14 terrence commitments of the United Kingdom to 

15 members of the NATO alliance strengthens collective 

16 security while reducing the burden placed on United 

17 States nuclear forces to deter potential adversaries 

18 and assure allies of the United States; 

19 (8) it is in the national security interest of the 

20 United States to support the United Kingdom with 

21 respect to the decision of the Government of the 

22 United Kingdom to maintain its nuclear forces to 

23 deter countries that are ‘‘significantly increasing and 

24 diversifying their nuclear arsenals’’ and ‘‘investing in 

25 novel nuclear technologies and developing new 


Pbinns on DSKJLVW7X2PROD with BILLS
734 

•S 2792 RS

1 ‘warfighting’ nuclear systems’’ that could threaten 

2 NATO allies, as outlined in the March 2021 report 

3 of the Government of the United Kingdom entitled, 

4 ‘‘Global Britain in a Competitive Age: The Inte5 grated Review of Security, Defence, Development 

6 and Foreign Policy’’; 

7 (9) as the United States continues to modernize 

8 its aging nuclear forces to ensure its ability to con9 tinue to field a nuclear deterrent that is safe, secure, 

10 and effective, the United Kingdom faces a similar 

11 challenge; 

12 (10) bilateral cooperation on such programs as 

13 the Trident II D5 weapons system, the common mis14 sile compartment for the future Dreadnought and 

15 Columbia classes of submarines, and the parallel de16 velopment of the W93/Mk7 warhead of the United 

17 States and the replacement warhead of the United 

18 Kingdom, will allow the United States and the 

19 United Kingdom to responsibly address challenges 

20 within their legacy nuclear forces in a cost-effective 

21 manner that— 

22 (A) meets national requirements and pre23 serves independent, sovereign control; 


Pbinns on DSKJLVW7X2PROD with BILLS
735 

•S 2792 RS

1 (B) is consistent with each country’s obli2 gations under the Nuclear Non-Proliferation 

3 Treaty; and 

4 (C) supports nonproliferation objectives; 

5 and 

6 (11) continued cooperation between the nuclear 

7 programs of United States and the United Kingdom 

8 is essential to ensuring that the NATO alliance con9 tinues to be supported by credible nuclear forces ca10 pable of preserving peace, preventing coercion, and 

11 deterring aggression. 

12 SEC. 1546. SENSE OF THE SENATE ON MAINTAINING DIVER13 SITY IN THE NUCLEAR WEAPONS STOCKPILE. 

14 (a) SENSE OF THE SENATE.—It is the sense of the 

15 Senate that— 

16 (1) in order to ensure adequate confidence in 

17 the functionality of the United States nuclear weap18 ons stockpile, the National Nuclear Security Admin19 istration must maintain sufficient diversity in the 

20 designs and types of nuclear weapons it makes avail21 able to the Department of Defense; 

22 (2) the Department of Defense should leverage 

23 that diversity to field a force with an appropriate 

24 mix of capabilities and technological distinctiveness 

25 to ensure that the United States nuclear deterrent 


Pbinns on DSKJLVW7X2PROD with BILLS
736 

•S 2792 RS

1 remains capable of meeting military requirements, 

2 even during the unlikely event of a technical issue 

3 that renders one particular type of nuclear weapon 

4 temporarily or permanently unsuitable for deploy5 ment; and 

6 (3) accordingly, it is in the national security in7 terest of the United States to maintain no fewer 

8 than two distinct types of deployed nuclear weapons 

9 per leg of the nuclear triad in order to ensure that 

10 no potential adversary, nor United States ally, 

11 doubts the continuing effectiveness of the United 

12 States nuclear deterrent. 

13 (b) DEFINITIONS.—In this section: 

14 (1) TYPES OF NUCLEAR WEAPONS.—The term 

15 ‘‘type’’, with respect to nuclear weapons, means a 

16 unique configuration of nuclear explosive packages 

17 contained within a warhead or gravity bomb assem18 bly. 

19 (2) NUCLEAR TRIAD.—The term ‘‘nuclear 

20 triad’’ means the combination of platforms and de21 livery systems that comprise the strategic nuclear 

22 forces of the United States, organized by domain 

23 (known as a ‘‘leg’’), and consists of the following: 

24 (A) For the land leg, LGM–30G Minute25 man III intercontinental ballistic missiles, any 


Pbinns on DSKJLVW7X2PROD with BILLS
737 

•S 2792 RS

1 associated reentry vehicles, and the planned re2 placement systems for such missiles and vehi3 cles. 

4 (B) For the sea leg, Ohio class fleet bal5 listic missile submarines, UGM–133 Trident II 

6 submarine-launched ballistic missiles, any asso7 ciated reentry vehicles, and the planned replace8 ment systems for such submarines, missiles, 

9 and vehicles. 

10 (C) For the air leg, B–52H Stratofortress 

11 long-range heavy bombers, B–2A Spirit stealth 

12 bombers, AGM–86B air-launched cruise mis13 siles, and the planned replacement systems for 

14 such bombers and missiles. 

15 SEC. 1547. SENSE OF THE SENATE ON GROUND-BASED 

16 STRATEGIC DETERRENT. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) The Minuteman III intercontinental ballistic 

20 missile in service as of the date of the enactment of 

21 this Act was first deployed in 1970, with a planned 

22 10-year service life. 

23 (2) The Minuteman III force will begin experi24 encing attrition and age-related component degrada25 tion, resulting in the number of available intercontiVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
738 

•S 2792 RS

1 nental ballistic missiles falling below military re2 quirement levels in the late 2020s. 

3 (3) In a 2014 analysis of alternatives, the Air 

4 Force concluded that replacing the Minuteman III 

5 missile would provide necessary capabilities at lower 

6 cost when compared with extending the service life 

7 of the Minuteman III missile. 

8 (4) The Director of Cost Assessment and Pro9 gram Evaluation of the Department of Defense re10 viewed and validated the Air Force’s 2014 analysis 

11 of alternatives, stating, ‘‘We recommend moving ex12 peditiously to a Milestone A decision to ensure the 

13 timely fielding of the future capability. Additionally, 

14 prompt action would demonstrate Air Force and 

15 DOD commitment to the following: the nuclear mis16 sion to the Airmen serving in the field; our allies re17 lying on our umbrella nuclear deterrent coverage; 

18 the American public who has been following recent 

19 news reports; and the world at large.’’. 

20 (5) In February, 2015, President Barack 

21 Obama’s budget requested $75,166,000 for a new 

22 program of record to develop a replacement for the 

23 Minuteman III intercontinental ballistic missile, 

24 named the ground-based strategic deterrent. 


Pbinns on DSKJLVW7X2PROD with BILLS
739 

•S 2792 RS

1 (6) In connection with the decision to begin the 

2 ground-based strategic deterrent program in 2015, 

3 the Department of Defense did not undertake new 

4 engineering and production efforts for components 

5 necessary to conduct a long-term life extension of 

6 the current Minuteman system. 

7 (7) General Timothy Ray, former Commander 

8 of Air Force Global Strike Command, testified be9 fore the Subcommittee on Strategic Forces of the 

10 Committee on Armed Services of the Senate on May 

11 12, 2021, that the most recent cost estimate indi12 cates that attempting a long-term life extension of 

13 the Minuteman III system would— 

14 (A) cost $38,000,000,000 more than the 

15 ground-based strategic deterrent program; 

16 (B) deliver a less-capable, less-secure, less17 sustainable system; and 

18 (C) be unable to deliver life-extended sys19 tems in time to offset age-related erosion of the 

20 Minuteman fleet, resulting in ‘‘a significant 

21 gap, in [intercontinental ballistic missile] capa22 bility’’. 

23 (8) Since 2015, and during multiple presi24 dential administrations, Congress has authorized 


Pbinns on DSKJLVW7X2PROD with BILLS
740 

•S 2792 RS

1 and appropriated more than $2,800,000,000 to de2 velop the ground-based strategic deterrent. 

3 (9) The ground-based strategic deterrent pro4 gram has been shown to be a cost-effective solution 

5 to maintain the land-based leg of the nuclear triad. 

6 (10) The ground-based strategic deterrent pro7 gram has been leading the efforts of the Department 

8 of Air Force at digital engineering able to run mil9 lions of scenarios on the most cost-effective design 

10 and government-owned baseline. 

11 (11) The ground-based strategic deterrent will 

12 provide the United States with a modern, reliable 

13 system capable of meeting emergent challenges while 

14 lowering sustainment costs and also improving safe15 ty and security. 

16 (12) The Air Force’s comprehensive approach 

17 to the ground-based strategic deterrent will also ad18 dress aging infrastructure and modernize nuclear 

19 command and control capabilities associated with 

20 the intercontinental ballistic missile fleet, much of 

21 which remains predominantly unchanged since the 

22 1960s. 

23 (13) The marked erosion of global security con24 ditions and continued increase in the quantity and 

25 quality of foreign nuclear arsenals reinforces the 


Pbinns on DSKJLVW7X2PROD with BILLS
741 

•S 2792 RS

1 need to modernize the United States nuclear deter2 rent, including the land-based leg of the nuclear 

3 triad. 

4 (b) SENSE OF THE SENATE.—It is the sense of the 

5 Senate that— 

6 (1) intercontinental ballistic missiles are a crit7 ical component of the United States nuclear deter8 rent, providing the ability to hedge between legs of 

9 the nuclear triad in the case of a component-wide 

10 failure in another leg; 

11 (2) the continued development of the ground12 based strategic deterrent system, and its eventual re13 placement of the Minuteman III intercontinental 

14 ballistic missile, is needed to maintain an effective 

15 intercontinental ballistic missile capability into the 

16 future; 

17 (3) ensuring the continued effectiveness of the 

18 United States nuclear deterrent through moderniza19 tion programs such as the ground-based strategic 

20 deterrent may also increase opportunities for effec21 tive arms control in the future by enhancing the con22 fidence of the United States in the sustainability and 

23 effectiveness of each leg of the triad, once replaced 

24 with modern equivalents; and 


Pbinns on DSKJLVW7X2PROD with BILLS
742 

•S 2792 RS

1 (4) it is in the national security interests of the 

2 United States that the Department of Defense 

3 prioritize an effective and cost-efficient execution of 

4 the ground-based strategic deterrent program before 

5 the retirement of the Minuteman III intercontinental 

6 ballistic missile in the mid-2030s. 

7 Subtitle D—Missile Defense 

8 Programs 

9 SEC. 1551. AUTHORITY TO DEVELOP AND DEPLOY NEXT 

10 GENERATION INTERCEPTOR FOR MISSILE 

11 DEFENSE OF THE UNITED STATES HOME12 LAND. 

13 (a) AUTHORITY.—Subject to the availability of ap14 propriations, the Director of the Missile Defense Agency 

15 may develop a highly reliable interceptor with volume-kill 

16 capabilities for the Ground-based Midcourse Defense sys17 tem using sound acquisition practices, as outlined in the 

18 Government Accountability Office report, ‘‘Observations 

19 on Ground-based Midcourse Defense Acquisitions Chal20 lenges and Potential Contract Strategy Changes’’ (GAO– 

21 21–135R), including— 

22 (1) emphasizing the use of high technology 

23 readiness level components and software across the 

24 system to reduce program risk; 


Pbinns on DSKJLVW7X2PROD with BILLS
743 

•S 2792 RS

1 (2) conducting critical parts testing of the Next 

2 Generation Interceptor prior to the preliminary de3 sign review in order to maximize reliability, 

4 producibility, and manufacturability; 

5 (3) commencing rigorous flight testing of the 

6 Next Generation Interceptor when essential compo7 nents reach a technology readiness level of seven or 

8 higher; 

9 (4) completing at least two successful intercept 

10 flight tests before starting the first lot of production 

11 of the Next Generation Interceptor; and 

12 (5) to the maximum extent practicable, pro13 moting industrial base competition via the use of 

14 multiple vendors through the Next Generation Inter15 ceptor program’s critical design review to maximize 

16 government return on investment. 

17 (b) PLAN.—If the Director exercises the authority 

18 provided by subsection (a), the Director shall develop a 

19 funding plan that includes funding lines across the future 

20 years defense program for the Next Generation Inter21 ceptor that— 

22 (1) produces and begins deployment of the Next 

23 Generation Interceptor as early as practicable after 

24 the date on which the Director completes carrying 


Pbinns on DSKJLVW7X2PROD with BILLS
744 

•S 2792 RS

1 out the acquisition practices described in subsection 

2 (a); 

3 (2) includes acquiring at least 20 operational 

4 Next Generation Interceptors to fill silos currently 

5 empty in the ground-based interceptor inventory; 

6 and 

7 (3) includes transition plans to replace the cur8 rent inventory of silo-based boosters with follow-on 

9 systems prior to the end of their useful lifecycle. 

10 (c) REPORT ON FUNDING PROFILE.—The Director 

11 shall include with the budget justification materials sub12 mitted to Congress in support of the budget of the Depart13 ment of Defense for fiscal year 2023 (as submitted with 

14 the budget of the President under section 1105(a) of title 

15 31, United States Code) a report on the funding profile 

16 necessary for the Next Generation Interceptor program to 

17 exercise the authority provided by subsection (a). 

18 (d) CONGRESSIONAL NOTIFICATION OF CANCELLA19 TION REQUIREMENT.— 

20 (1) IN GENERAL.—Not later than 30 days prior 

21 to any final decision to cancel the Next Generation 

22 Interceptor program, the Director shall brief the 

23 Committee on Armed Services of the Senate and the 

24 Committee on Armed Services of the House of Rep25 resentatives of such decision. 


Pbinns on DSKJLVW7X2PROD with BILLS
745 

•S 2792 RS

1 (2) ELEMENTS.—A briefing under paragraph 

2 (1) shall include the following: 

3 (A) A justification for the cancellation de4 cision. 

5 (B) An analysis of the national security 

6 risk being accepted due to the cancellation deci7 sion. 

8 SEC. 1552. ANNUAL RELIABILITY TESTING FOR THE NEXT 

9 GENERATION INTERCEPTOR. 

10 (a) ANNUAL FLIGHT TESTS REQUIRED.—The Direc11 tor of the Missile Defense Agency shall— 

12 (1) ensure that the Next Generation Interceptor 

13 program establishes a process for conducting annual 

14 flight tests to evaluate the reliability of the system 

15 after the system reaches initial operational capa16 bility; and 

17 (2) ensure that such annual reliability testing 

18 begins not more than five years after declaration of 

19 initial operational capability for the Next Generation 

20 Interceptor. 

21 (b) REPORT.—Not later than the date of approval for 

22 the Next Generation Interceptor program to enter the pro23 duction phase of its acquisition process, the Director of 

24 the Missile Defense Agency shall submit to the Committee 

25 on Armed Services of the Senate and the Committee on 


Pbinns on DSKJLVW7X2PROD with BILLS
746 

•S 2792 RS

1 Armed Services of the House of Representatives a report 

2 outlining estimated annual costs for conducting annual, 

3 operationally relevant flight testing to evaluate the reli4 ability of the system developed under such program, in5 cluding associated production costs for procuring suffi6 cient flight systems to support such testing for the pro7 jected life of the system. 

8 (c) WAIVER.— 

9 (1) IN GENERAL.—The Secretary of Defense 

10 may, on an annual basis, waive the testing require11 ment in subsection (a), if the Secretary determines 

12 that the conduct of such a test in a given year will 

13 have an unacceptably adverse effect on the oper14 ational readiness of the Ballistic Missile Defense 

15 System. 

16 (2) NOTICE.—If, pursuant to paragraph (1), 

17 the Secretary waives the requirement in subsection 

18 (a), the Secretary shall, not later than August 1 of 

19 each fiscal year in which a test required by sub20 section (a) will not occur, submit to the Committee 

21 on Armed Services of the Senate and the Committee 

22 on Armed Services of the House of Representatives 

23 a notice, in writing, of such waiver. 


Pbinns on DSKJLVW7X2PROD with BILLS
747 

•S 2792 RS

1 SEC. 1553. NEXT GENERATION INTERCEPTOR DEVELOP2 MENT PROGRAM ACCOUNTABILITY MAT3 RICES. 

4 (a) IN GENERAL.—Concurrent with the submission 

5 to Congress of the budget of the President for fiscal year 

6 2023 and each fiscal year thereafter pursuant to section 

7 1105(a) of title 31, United States Code, the Director of 

8 the Missile Defense Agency shall submit to the congres9 sional defense committees and the Comptroller General of 

10 the United States the matrices described in subsection (b) 

11 relating to the Next Generation Interceptor weapon sys12 tem. 

13 (b) MATRICES DESCRIBED.—The matrices described 

14 in this subsection are the following: 

15 (1) TECHNOLOGY AND PRODUCT DEVELOPMENT

16 GOALS.—A matrix that identifies, in six-month in17 crements, key milestones, development events, and 

18 specific performance goals for the technology devel19 opment phase and product development phase of the 

20 Next Generation Interceptor weapon system, which 

21 shall be subdivided, at a minimum, according to the 

22 following: 

23 (A) Technology maturity, including tech24 nology readiness levels of major interceptor 

25 components and key demonstration events lead26 ing to full maturity. 


Pbinns on DSKJLVW7X2PROD with BILLS
748 

•S 2792 RS

1 (B) Design maturity, including key events 

2 and metrics, at the interceptor all up round 

3 level and subsystem level and for the ground 

4 system. 

5 (C) Parts testing, including key events and 

6 metrics for vetting parts and components 

7 through a parts, materials, and processes mis8 sion assurance plan. 

9 (D) Software maturity, including key 

10 events and metrics, at the all up round level 

11 and subsystem level for the interceptor and for 

12 the ground system. 

13 (E) Manufacturing maturity, including 

14 manufacturing readiness levels for critical man15 ufacturing operations and key demonstration 

16 events. 

17 (F) Schedule, with respect to key program 

18 milestones, critical path events, and margins. 

19 (G) Reliability, including growth plans and 

20 key milestones. 

21 (H) Testing and cybersecurity, including 

22 developmental and operational ground and 

23 flight test planning, execution, and evaluation. 


Pbinns on DSKJLVW7X2PROD with BILLS
749 

•S 2792 RS

1 (I) Any other technology and product de2 velopment goals the Director determines to be 

3 appropriate. 

4 (2) COST.— 

5 (A) IN GENERAL.—The following matrices 

6 relating to the cost of the Next Generation In7 terceptor weapon system: 

8 (i) A matrix expressing, in six-month 

9 increments, the total cost for the tech10 nology development, product development, 

11 and initial production phases. 

12 (ii) A matrix expressing the total cost 

13 for each of the contractors’ estimates for 

14 the technology development, product devel15 opment, and initial production phases. 

16 (B) PHASING AND SUBDIVISION OF MAT17 RICES.—The matrices described in clauses (i) 

18 and (ii) of subparagraph (A) shall be— 

19 (i) phased over the entire technology 

20 development, product development, and ini21 tial production phases; and 

22 (ii) subdivided according to the costs 

23 of the primary subsystems in the next Gen24 eration Interceptor weapon system work 

25 breakdown structure. 


Pbinns on DSKJLVW7X2PROD with BILLS
750 

•S 2792 RS

1 (3) STAKEHOLDER AND INDEPENDENT RE2 VIEWS.—A matrix that identifies, in six-month incre3 ments, plans and status for coordinating products 

4 and obtaining independent reviews for the Next Gen5 eration Interceptor weapon system, which shall be 

6 grouped by development phase and subdivided ac7 cording to the following: 

8 (A) Performance requirements, including— 

9 (i) coordinating, updating, and obtain10 ing approval of the top-level requirements 

11 document; and 

12 (ii) coordinating system level perform13 ance attributes with the Commander of 

14 United States Strategic Command. 

15 (B) Intelligence inputs, processes, and 

16 products, including— 

17 (i) coordinating, updating, and vali18 dating the homeland ballistic missile de19 fense validated online lifecycle threat with 

20 the Director of the Defense Intelligence 

21 Agency; and 

22 (ii) coordinating and obtaining ap23 proval of a lifecycle mission data plan. 

24 (C) Independent assessments, including ob25 taining an initial and updated— 


Pbinns on DSKJLVW7X2PROD with BILLS
751 

•S 2792 RS

1 (i) independent technical risk assess2 ment; 

3 (ii) independent cost estimate; and 

4 (iii) capability and utility assessment. 

5 (D) Models and simulations, including— 

6 (i) obtaining accreditation of inter7 ceptor models and simulations at both the 

8 all up round level and subsystem level from 

9 the Ballistic Missile Defense Operational 

10 Test Agency; 

11 (ii) obtaining certification of threat 

12 models used for interceptor ground test 

13 from the Ballistic Missile Defense Oper14 ational Test Agency; and 

15 (iii) obtaining accreditation from the 

16 Director of the Defense Intelligence Agen17 cy on all threat models, simulations, and 

18 associated data used to support interceptor 

19 development. 

20 (E) Capability transfer, including estab21 lishment of a hybrid program office, lead mili22 tary department designation, and transfer 

23 agreement. 


Pbinns on DSKJLVW7X2PROD with BILLS
752 

•S 2792 RS

1 (F) Sustainability and obsolescence, includ2 ing coordinating and obtaining approval of a 

3 lifecycle sustainment plan. 

4 (G) Cybersecurity, including coordinating 

5 and obtaining approval of a cybersecurity strat6 egy. 

7 (c) FORM.—The matrices submitted under subsection 

8 (b) shall be in unclassified form, but may contain a classi9 fied annex. 

10 (d) SEMIANNUAL UPDATES OF MATRICES.—Not 

11 later than 180 days after the date on which the Director 

12 submits the matrices described in subsection (b) for a year 

13 as required by subsection (a), the Director shall submit 

14 to the congressional defense committees and the Comp15 troller General updates to the matrices. 

16 (e) TREATMENT OF THE FIRST MATRICES AS BASE17 LINE.— 

18 (1) IN GENERAL.—The first set of matrices 

19 submitted under subsection (a) shall be treated as 

20 the baseline for the full technology development, 

21 product development, and initial production phases 

22 of the Next Generation Interceptor weapon system 

23 program for purposes of updates submitted under 

24 subsection (d) and subsequent matrices submitted 

25 under subsection (a). 


Pbinns on DSKJLVW7X2PROD with BILLS
753 

•S 2792 RS

1 (2) ELEMENTS.—After the submission of the 

2 first set of matrices required by subsection (a), each 

3 update submitted under subsection (d) and each 

4 subsequent set of matrices submitted under sub5 section (a) shall— 

6 (A) clearly identify changes in key mile7 stones, development events, and specific per8 formance goals identified in the first set of mat9 rices under subsection (b)(1); 

10 (B) provide updated cost estimates under 

11 subsection (b)(2); and 

12 (C) provide updated plans and status 

13 under subsection (b)(3). 

14 (f) ASSESSMENT BY COMPTROLLER GENERAL OF

15 THE UNITED STATES.—Not later than 60 days after re16 ceiving the matrices described in subsection (b) for a year 

17 as required by subsection (a), the Comptroller General 

18 shall assess the acquisition progress made with respect to 

19 the Next Generation Interceptor weapon system and brief 

20 the congressional defense committees on the results of 

21 that assessment. 

22 (g) TERMINATION.—The requirements of this section 

23 shall terminate on the date that is one year after the Next 

24 Generation Interceptor weapon system achieves initial pro25 duction. 


Pbinns on DSKJLVW7X2PROD with BILLS
754 

•S 2792 RS

1 SEC. 1554. EXTENSION OF PERIOD FOR TRANSITION OF 

2 BALLISTIC MISSILE DEFENSE PROGRAMS TO 

3 MILITARY DEPARTMENTS. 

4 Section 1676(b)(1) of the National Defense Author5 ization Act for Fiscal Year 2018 (Public Law 115–91; 10 

6 U.S.C. 2431 note) is amended by striking ‘‘the date on 

7 which the budget of the President for fiscal year 2021 is 

8 submitted under section 1105 of title 31, United States 

9 Code,’’ and inserting, ‘‘October 1, 2023’’. 

10 SEC. 1555. IRON DOME SHORT-RANGE ROCKET DEFENSE 

11 SYSTEM AND ISRAELI COOPERATIVE MISSILE 

12 DEFENSE PROGRAM CO-DEVELOPMENT AND 

13 CO-PRODUCTION. 

14 (a) IRON DOME SHORT-RANGE ROCKET DEFENSE

15 SYSTEM.— 

16 (1) AVAILABILITY OF FUNDS.—Of the funds 

17 authorized to be appropriated by this Act for fiscal 

18 year 2022 for procurement, Defense-wide, and avail19 able for the Missile Defense Agency, not more than 

20 $108,000,000 may be provided to the Government of 

21 Israel to procure components for the Iron Dome 

22 short-range rocket defense system through co-pro23 duction of such components in the United States by 

24 industry of the United States. 

25 (2) CONDITIONS.— 


Pbinns on DSKJLVW7X2PROD with BILLS
755 

•S 2792 RS

1 (A) AGREEMENT.—Funds described in 

2 paragraph (1) for the Iron Dome short-range 

3 rocket defense program shall be available sub4 ject to the terms and conditions in the Agree5 ment Between the Department of Defense of 

6 the United States of America and the Ministry 

7 of Defense of the State of Israel Concerning 

8 Iron Dome Defense System Procurement, 

9 signed on March 5, 2014, as amended to in10 clude co-production for Tamir interceptors. 

11 (B) CERTIFICATION.—Not later than 30 

12 days prior to the initial obligation of funds de13 scribed in paragraph (1), the Under Secretary 

14 of Defense for Acquisition and Sustainment 

15 shall submit to the appropriate congressional 

16 committees— 

17 (i) a certification that the amended bi18 lateral international agreement specified in 

19 subparagraph (A) is being implemented as 

20 provided in such agreement; 

21 (ii) an assessment detailing any risks 

22 relating to the implementation of such 

23 agreement; and 

24 (iii) for system improvements result25 ing in modified Iron Dome components 


Pbinns on DSKJLVW7X2PROD with BILLS
756 

•S 2792 RS

1 and Tamir interceptor sub-components, a 

2 certification that the Government of Israel 

3 has demonstrated successful completion of 

4 Production Readiness Reviews, including 

5 the validation of production lines, the 

6 verification of component conformance, 

7 and the verification of performance to 

8 specification as defined in the Iron Dome 

9 Defense System Procurement Agreement, 

10 as further amended. 

11 (b) ISRAELI COOPERATIVE MISSILE DEFENSE PRO12 GRAM, DAVID’S SLING WEAPON SYSTEM CO-PRODUC13 TION.— 

14 (1) IN GENERAL.—Subject to paragraph (3), of 

15 the funds authorized to be appropriated for fiscal 

16 year 2022 for procurement, Defense-wide, and avail17 able for the Missile Defense Agency not more than 

18 $30,000,000 may be provided to the Government of 

19 Israel to procure the David’s Sling Weapon System, 

20 including for co-production of parts and components 

21 in the United States by United States industry. 

22 (2) AGREEMENT.—Provision of funds specified 

23 in paragraph (1) shall be subject to the terms and 

24 conditions in the bilateral co-production agreement, 

25 including— 


Pbinns on DSKJLVW7X2PROD with BILLS
757 

•S 2792 RS

1 (A) a one-for-one cash match is made by 

2 Israel or in another matching amount that oth3 erwise meets best efforts (as mutually agreed to 

4 by the United States and Israel); and 

5 (B) co-production of parts, components, 

6 and all-up rounds (if appropriate) in the United 

7 States by United States industry for the Da8 vid’s Sling Weapon System is not less than 50 

9 percent. 

10 (3) CERTIFICATION AND ASSESSMENT.—The 

11 Under Secretary of Defense for Acquisition and 

12 Sustainment shall submit to the appropriate con13 gressional committees— 

14 (A) a certification that the Government of 

15 Israel has demonstrated the successful comple16 tion of the knowledge points, technical mile17 stones, and production readiness reviews re18 quired by the research, development, and tech19 nology agreement and the bilateral co-produc20 tion agreement for the David’s Sling Weapon 

21 System; and 

22 (B) an assessment detailing any risks re23 lating to the implementation of such agreement. 


Pbinns on DSKJLVW7X2PROD with BILLS
758 

•S 2792 RS

1 (c) ISRAELI COOPERATIVE MISSILE DEFENSE PRO2 GRAM, ARROW 3 UPPER TIER INTERCEPTOR PROGRAM

3 CO-PRODUCTION.— 

4 (1) IN GENERAL.—Subject to paragraph (2), of 

5 the funds authorized to be appropriated for fiscal 

6 year 2022 for procurement, Defense-wide, and avail7 able for the Missile Defense Agency not more than 

8 $62,000,000 may be provided to the Government of 

9 Israel for the Arrow 3 Upper Tier Interceptor Pro10 gram, including for co-production of parts and com11 ponents in the United States by United States in12 dustry. 

13 (2) CERTIFICATION.—The Under Secretary of 

14 Defense for Acquisition and Sustainment shall sub15 mit to the appropriate congressional committees a 

16 certification that— 

17 (A) the Government of Israel has dem18 onstrated the successful completion of the 

19 knowledge points, technical milestones, and pro20 duction readiness reviews required by the re21 search, development, and technology agreement 

22 for the Arrow 3 Upper Tier Interceptor Pro23 gram; 

24 (B) funds specified in paragraph (1) will 

25 be provided on the basis of a one-for-one cash 


Pbinns on DSKJLVW7X2PROD with BILLS
759 

•S 2792 RS

1 match made by Israel or in another matching 

2 amount that otherwise meets best efforts (as 

3 mutually agreed to by the United States and 

4 Israel); 

5 (C) the United States has entered into a 

6 bilateral international agreement with Israel 

7 that establishes, with respect to the use of such 

8 funds— 

9 (i) in accordance with subparagraph 

10 (D), the terms of co-production of parts 

11 and components on the basis of the great12 est practicable co-production of parts, com13 ponents, and all-up rounds (if appropriate) 

14 by United States industry and minimizes 

15 nonrecurring engineering and facilitization 

16 expenses to the costs needed for co-produc17 tion; 

18 (ii) complete transparency on the re19 quirement of Israel for the number of 

20 interceptors and batteries that will be pro21 cured, including with respect to the pro22 curement plans, acquisition strategy, and 

23 funding profiles of Israel; 


Pbinns on DSKJLVW7X2PROD with BILLS
760 

•S 2792 RS

1 (iii) technical milestones for co-pro2 duction of parts and components and pro3 curement; 

4 (iv) a joint affordability working 

5 group to consider cost reduction initiatives; 

6 and 

7 (v) joint approval processes for third8 party sales; and 

9 (D) the level of co-production described in 

10 subparagraph (C)(i) for the Arrow 3 Upper 

11 Tier Interceptor Program is not less than 50 

12 percent. 

13 (d) NUMBER.—In carrying out paragraph (2) of sub14 section (b) and paragraph (2) of subsection (c), the Under 

15 Secretary may submit— 

16 (1) one certification covering both the David’s 

17 Sling Weapon System and the Arrow 3 Upper Tier 

18 Interceptor Program; or 

19 (2) separate certifications for each respective 

20 system. 

21 (e) TIMING.—The Under Secretary shall submit to 

22 the congressional defense committees the certification and 

23 assessment under subsection (b)(3) and the certification 

24 under subsection (c)(2) no later than 30 days before the 

25 funds specified in paragraph (1) of subsections (b) and 


Pbinns on DSKJLVW7X2PROD with BILLS
761 

•S 2792 RS

1 (c) for the respective system covered by the certification 

2 are provided to the Government of Israel. 

3 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means the following: 

6 (1) The congressional defense committees. 

7 (2) The Committee on Foreign Relations of the 

8 Senate and the Committee on Foreign Affairs of the 

9 House of Representatives. 

10 SEC. 1556. SEMIANNUAL UPDATES ON MEETINGS HELD BY 

11 THE MISSILE DEFENSE EXECUTIVE BOARD. 

12 (a) SEMIANNUAL UPDATES.—Not later than March 

13 1 and September 1 of each year, the Under Secretary of 

14 Defense for Research and Engineering and the Under Sec15 retary of Defense for Acquisition and Sustainment, acting 

16 in their capacities as co-chairmen of the Missile Defense 

17 Executive Board pursuant to section 1681(c) of the John 

18 S. McCain National Defense Authorization Act for Fiscal 

19 Year 2019 (Public Law 115–232; 132 Stat. 2162), shall 

20 provide to the congressional defense committees a semi21 annual update including, with respect to the six-month pe22 riod preceding the update— 

23 (1) the dates on which the Board met; and 

24 (2) except as provided by subsection (b), a sum25 mary of any decisions made by the Board at each 


Pbinns on DSKJLVW7X2PROD with BILLS
762 

•S 2792 RS

1 meeting of the Board and the rationale for and op2 tions that informed such decisions. 

3 (b) EXCEPTION FOR CERTAIN BUDGETARY MAT4 TERS.—The co-chairmen shall not be required to include 

5 in a semiannual update under subsection (a) the matters 

6 described in paragraph (2) of such subsection with respect 

7 to decisions of the Board relating to the budget of the 

8 President for a fiscal year if the budget for that fiscal 

9 year has not been submitted to Congress under section 

10 1105 of title 31, United States Code, as of the date of 

11 the semiannual update. 

12 (c) FORM OF UPDATE.—The co-chairmen may pro13 vide a semiannual update under subsection (a) either in 

14 the form of a briefing or a written report. 

15 SEC. 1557. INDEPENDENT STUDY OF DEPARTMENT OF DE16 FENSE COMPONENTS’ ROLES AND RESPON17 SIBILITIES RELATING TO MISSILE DEFENSE. 

18 (a) INDEPENDENT STUDY AND REPORT.— 

19 (1) CONTRACT.—Not later than 30 days after 

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

21 of Defense shall seek to enter into a contract with 

22 the National Academy of Public Administration (in 

23 this section referred to as the ‘‘Academy’’) for the 

24 Academy to perform the services covered by this 

25 subsection. 


Pbinns on DSKJLVW7X2PROD with BILLS
763 

•S 2792 RS

1 (2) STUDY AND REPORT.—(A) Under an agree2 ment between the Secretary and the Academy under 

3 this subsection, the Academy shall carry out an 

4 study regarding the roles and responsibilities of the 

5 various components of the Department of Defense as 

6 they pertain to missile defense. 

7 (B) The study required by subparagraph (A) 

8 shall include the following: 

9 (i) A comprehensive assessment and anal10 ysis of existing Department component roles 

11 and responsibilities for the full range of missile 

12 defense activities, including establishment of re13 quirements, research and development, system 

14 acquisition, and operations. 

15 (ii) Identification of gaps in component ca16 pability of each applicability component for per17 forming its assigned missile defense roles and 

18 responsibilities. 

19 (iii) Identification of opportunities for 

20 deconflicting mission sets, eliminating areas of 

21 unnecessary duplication, reducing waste, and 

22 improving efficiency across the full range of 

23 missile defense activities. 


Pbinns on DSKJLVW7X2PROD with BILLS
764 

•S 2792 RS

1 (iv) Development of a timetable for the im2 plementation of the opportunities identified 

3 under clause (iii). 

4 (v) Development of recommendations for 

5 such legislative or administrative action as the 

6 Academy considers appropriate pursuant to car7 rying out clauses (i) through (iv). 

8 (vi) Such other matters as the Secretary 

9 may require. 

10 (C)(i) Not later than one year after the date on 

11 which the Secretary and the Academy enter into a 

12 contract under paragraph (1), the Academy shall 

13 submit to the Secretary and the congressional de14 fense committees a report on the study conducted 

15 under subparagraph (A) of this paragraph. 

16 (ii) The report submitted under clause (i) shall 

17 include the findings of the Academy with respect to 

18 the study carried out under subparagraph (A) and 

19 any recommendations the Academy may have for 

20 legislative or administrative action pursuant to such 

21 study. 

22 (3) ALTERNATE CONTRACT ORGANIZATION.— 

23 (A) If the Secretary is unable within the time period 

24 prescribed in paragraph (1) to enter into an agree25 ment described in such paragraph with the Academy 


Pbinns on DSKJLVW7X2PROD with BILLS
765 

•S 2792 RS

1 on terms acceptable to the Secretary, the Secretary 

2 shall seek to enter into such an agreement with an3 other appropriate organization that— 

4 (i) is not part of the Government; 

5 (ii) operates as a not-for-profit entity; and 

6 (iii) has expertise and objectivity com7 parable to that of the Academy. 

8 (B) If the Secretary enters into an agreement 

9 with another organization as described in subpara10 graph (A), any reference in this subsection to the 

11 Academy shall be treated as a reference to the other 

12 organization. 

13 (b) REPORT BY SECRETARY OF DEFENSE.—Not 

14 later than 120 days after the date on which the report 

15 is submitted pursuant to subsection (a)(2)(C), the Sec16 retary shall submit to the congressional defense commit17 tees a report on the views of the Secretary on the findings 

18 and recommendations set forth in the report submitted 

19 under such subsection, together with such recommenda20 tions as the Secretary may have for changes in the struc21 ture, functions, responsibilities, and authorities of the De22 partment. 


Pbinns on DSKJLVW7X2PROD with BILLS
766 

•S 2792 RS

1 TITLE XVI—CYBERSPACE2 RELATED MATTERS 

3 SEC. 1601. MATTERS CONCERNING CYBER PERSONNEL RE4 QUIREMENTS. 

5 (a) IN GENERAL.—The Secretary of Defense shall— 

6 (1) determine the overall workforce requirement 

7 of the Department of Defense for cyber and infor8 mation operation military personnel across the active 

9 and reserve components of the Armed Forces (other 

10 than the Coast Guard) and for civilian personnel, 

11 and in doing so shall— 

12 (A) consider personnel in positions secur13 ing the Department of Defense Information 

14 Network and associated enterprise information 

15 technology, defense agencies and field activities, 

16 and combatant commands, including current 

17 billets primarily associated with the information 

18 environment and cyberspace domain and pro19 jected future billets; 

20 (B) consider the mix between military and 

21 civilian personnel, active and reserve compo22 nents, and the use of the National Guard; 

23 (C) develop a workforce development plan 

24 that covers accessions, training, and education; 

25 and 


Pbinns on DSKJLVW7X2PROD with BILLS
767 

•S 2792 RS

1 (D) consider such other elements as the 

2 Secretary determines appropriate; 

3 (2) assess current and future general informa4 tion warfare and cyber education curriculum and re5 quirements for military and civilian personnel, in6 cluding— 

7 (A) acquisition personnel; 

8 (B) accessions and recruits to the military 

9 services; 

10 (C) cadets and midshipmen at the military 

11 service academies and enrolled in the Senior 

12 Reserve Officers’ Training Corps; 

13 (D) information environment and cyber14 space military and civilian personnel; and 

15 (E) non-information environment and 

16 cyberspace military and civilian personnel; 

17 (3) identify appropriate locations for informa18 tion warfare and cyber education for military and ci19 vilian personnel, including— 

20 (A) the military service academies; 

21 (B) the educational institutions described 

22 in section 2151(b) of title 10, United States 

23 Code; 

24 (C) the Air Force Institute of Technology; 

25 (D) the National Defense University; 


Pbinns on DSKJLVW7X2PROD with BILLS
768 

•S 2792 RS

1 (E) the Joint Special Operations Univer2 sity; 

3 (F) any other military educational institu4 tion of the Department specified by the Sec5 retary for purposes of this section; 

6 (G) the Cyber Centers of Academic Excel7 lence certified jointly by the National Security 

8 Agency and the Department of Homeland Secu9 rity; and 

10 (H) potential future educational institu11 tions of the Federal Government, including an 

12 assessment, in consultation with the Secretary 

13 of Homeland Security and the National Cyber 

14 Director, of the feasibility and advisability of a 

15 National Cyber Academy or similar institute 

16 created for the purpose of educating and train17 ing civilian and military personnel for service in 

18 cyber, information, and related fields through19 out the Federal Government; and 

20 (4) determine— 

21 (A) whether the cyberspace domain and in22 formation warfare mission requires a graduate23 level professional military education college on 

24 par with and distinct from the war colleges for 

25 the Army, Navy, and Air Force in effect on the 


Pbinns on DSKJLVW7X2PROD with BILLS
769 

•S 2792 RS

1 day before the date of the enactment of this 

2 Act; 

3 (B) whether such a college should be joint; 

4 and 

5 (C) where it should be located. 

6 (b) REPORT REQUIRED.—Not later than November 

7 1, 2022, the Secretary shall provide the Committee on 

8 Armed Services of the Senate and the Committee on 

9 Armed Services of the House of Representatives a briefing 

10 and, not later than Jan 1, 2023, the Secretary shall sub11 mit to such committees a report on— 

12 (1) the findings of the Secretary in carrying out 

13 subsection (a); 

14 (2) an implementation plan to achieve future 

15 information warfare and cyber education require16 ments at appropriate locations; 

17 (3) such recommendations as the Secretary may 

18 have for personnel needs in information warfare and 

19 the cyberspace domain; and 

20 (4) such legislative or administrative action as 

21 the Secretary identifies as necessary to effectively 

22 meet cyber personnel requirements. 

23 (c) EDUCATION DEFINED.—The term ‘‘education’’ 

24 includes formal education requirements, such as degrees 


Pbinns on DSKJLVW7X2PROD with BILLS
770 

•S 2792 RS

1 and certification in targeted subject areas, but also gen2 eral training, including— 

3 (1) reskilling; 

4 (2) knowledge, skills, and abilities; and 

5 (3) nonacademic professional development. 

6 SEC. 1602. CYBER DATA MANAGEMENT. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Secretary of De9 fense, acting through the Principal Cyber Advisor to the 

10 Secretary of Defense, and the Chief Information Officer 

11 of the Department of Defense shall— 

12 (1) develop a strategy and plan to access and 

13 utilize data associated with the Department of De14 fense Information Network enterprise that can sup15 port offensive and defensive cyber operations from 

16 components of the Department other than the Cyber 

17 Mission Forces, such as the National Security Agen18 cy, counterintelligence components of the Depart19 ment, and cybersecurity service providers; 

20 (2) develop processes or operating procedures 

21 governing the ingest, structuring, and storage of in22 telligence data, cyber threat information and De23 partment of Defense Information Network sensor, 

24 tool, routing infrastructure, and endpoint data in 

25 Big Data Platform instances, relevant Cyber OperVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00770 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
771 

•S 2792 RS

1 ations Force systems, relevant United States Cyber 

2 Command commercial cloud enclaves, and other De3 partment of Defense data lakes containing informa4 tion pertinent to United States Cyber Command 

5 missions; and 

6 (3) develop a strategy for piloting efforts, devel7 opment of operational workflows and tactics, tech8 niques, and procedures for the operational use of 

9 mission data by the Cyber Operations Force. 

10 (b) ROLES AND RESPONSIBILITIES.—Not later than 

11 270 days after the date of the enactment of this Act, the 

12 Secretary of Defense, acting through the Principal Cyber 

13 Advisor to the Secretary, the Commander of United States 

14 Cyber Command, and the Secretaries of the military de15 partments, shall establish the specific roles and respon16 sibilities of the following in implementing each of the tasks 

17 required by subsection (a): 

18 (1) The United States Cyber Command. 

19 (2) Program offices responsible for the compo20 nents of the Joint Cyber Warfighting Architecture. 

21 (3) The military services. 

22 (4) The Department of Defense Chief Informa23 tion Officer and Chief Data Officer. 


Pbinns on DSKJLVW7X2PROD with BILLS
772 

•S 2792 RS

1 (5) Any other program office, headquarters ele2 ment, or operational component newly instantiated 

3 or deemed relevant by the Secretary. 

4 (c) BRIEFING.—Not later than 300 days after the 

5 date of the enactment of this Act, the Secretary shall pro6 vide to the congressional defense committees a briefing on 

7 the roles and responsibilities established under subsection 

8 (b). 

9 SEC. 1603. ASSIGNMENT OF CERTAIN BUDGET CONTROL 

10 RESPONSIBILITIES TO COMMANDER OF 

11 UNITED STATES CYBER COMMAND. 

12 (a) ASSIGNMENT OF RESPONSIBILITIES.— 

13 (1) IN GENERAL.—The Commander of United 

14 States Cyber Command shall, subject to the author15 ity, direction, and control of the Principal Cyber Ad16 visor of the Department of Defense, be responsible 

17 for directly controlling and managing the planning, 

18 programming, budgeting, and execution of the re19 sources to train, equip, operate, and sustain the 

20 Cyber Mission Forces. 

21 (2) EFFECTIVE DATE AND APPLICABILITY.— 

22 Paragraph (1) shall take effect on January 1, 2022, 

23 for control over budget execution, and shall apply 

24 with respect to planning, programming, budgeting, 


Pbinns on DSKJLVW7X2PROD with BILLS
773 

•S 2792 RS

1 and execution of resources for fiscal year 2024 and 

2 each fiscal year thereafter. 

3 (b) ELEMENTS.— 

4 (1) IN GENERAL.—The responsibilities assigned 

5 to the Commander by subsection (a)(1) shall include 

6 the following: 

7 (A) Preparation of a program objective 

8 memorandum and budget estimate submission 

9 for the resources required to train, equip, oper10 ate, and sustain the Cyber Mission Forces. 

11 (B) Preparation of budget materials per12 taining to United States Cyber Command for 

13 inclusion in the budget justification materials 

14 that are submitted to Congress in support of 

15 the Department of Defense budget for a fiscal 

16 year (as submitted with the budget of the Presi17 dent for a fiscal year under section 1105(a) of 

18 title 31, United States Code) that is separate 

19 from any other military service or component of 

20 the Department. 

21 (2) RESPONSIBILITIES NOT DELEGATED.—The 

22 responsibilities assigned to the Commander by sub23 section (a)(1) shall not include the following: 

24 (A) Military pay and allowances. 


Pbinns on DSKJLVW7X2PROD with BILLS
774 

•S 2792 RS

1 (B) Funding for facility support that is 

2 provided by the military services. 

3 (c) IMPLEMENTATION PLAN.— 

4 (1) IN GENERAL.—Not later than the date that 

5 is 30 days after the date of the enactment of this 

6 Act, the Comptroller of the Department of Defense 

7 and the Commander of United States Cyber Com8 mand, in coordination with Chief Information Offi9 cer of the Department, the Principal Cyber Advisor, 

10 the Under Secretary of Defense for Acquisition and 

11 Sustainment, Cost Assessment and Program Evalua12 tion, and the Secretaries of the military depart13 ments, shall jointly develop an implementation plan 

14 for the transition of responsibilities assigned by sub15 section (a)(1). 

16 (2) ELEMENTS.—The implementation plan de17 veloped under paragraph (1) shall include the fol18 lowing: 

19 (A) A budgetary review to identify appro20 priate resources for transfer to the Commander 

21 of United States Cyber Command for carrying 

22 out responsibilities assigned by subsection 

23 (a)(1). 

24 (B) Definition of appropriate roles and re25 sponsibilities. 


Pbinns on DSKJLVW7X2PROD with BILLS
775 

•S 2792 RS

1 (C) Specification of all program elements 

2 and subelements, and the training, equipment, 

3 Joint Cyber Warfighting Architecture capabili4 ties, other enabling capabilities and infrastruc5 ture, intelligence support, operations, and 

6 sustainment investments in each program ele7 ment and subelement, for which the Com8 mander of United States Cyber Command is re9 sponsible. 

10 (D) Specification of all program elements 

11 and subelements, and the training, equipment, 

12 Joint Cyber Warfighting Architecture capabili13 ties, other enabling capabilities and infrastruc14 ture, intelligence support, operations, and 

15 sustainment investments in each program ele16 ment and subelement, relevant to or that sup17 port the Cyber Mission Force for which the 

18 Secretaries of the military departments are re19 sponsible. 

20 (E) Required levels of civilian and military 

21 staffing within the United States Cyber Com22 mand to execute proper planning, program23 ming, budgeting, and execution of the respon24 sibilities assigned by subsection (a)(1), and an 


Pbinns on DSKJLVW7X2PROD with BILLS
776 

•S 2792 RS

1 estimate of when such levels of staffing will be 

2 achieved. 

3 (d) BRIEFING.— 

4 (1) IN GENERAL.—Not later than the earlier of 

5 the date on which the implementation plan required 

6 by subsection (c) is completed and the date that is 

7 90 days after the date of the enactment of this Act, 

8 the Secretary of Defense shall provide the congres9 sional defense committees a briefing on the imple10 mentation plan. 

11 (2) ELEMENTS.—The briefing required by 

12 paragraph (1) shall address any recommendations 

13 for when and how the Secretary of Defense should 

14 delegate to the Commander of United States Cyber 

15 Command budget authority for Cyber Operations 

16 Forces, as stated in section 167b(d)(2) of title 10, 

17 United States Code, after successful implementation 

18 of budget authority for the Cyber Mission Forces. 

19 SEC. 1604. COORDINATION BETWEEN UNITED STATES 

20 CYBER COMMAND AND PRIVATE SECTOR. 

21 (a) VOLUNTARY PROCESS.—Not later than January 

22 1, 2023, the Commander of United States Cyber Com23 mand shall establish a voluntary process to engage with 

24 commercial information technology and cybersecurity comVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
777 

•S 2792 RS

1 panies to explore and develop methods and plans through 

2 which the capabilities, knowledge, and actions of— 

3 (1) companies operating inside the United 

4 States to defend against foreign malicious cyber ac5 tors could assist or be coordinated with the actions 

6 of Cyber Command operating outside the United 

7 States against the same foreign malicious cyber ac8 tors; and 

9 (2) Cyber Command operating outside the 

10 United States against foreign malicious cyber actors 

11 could assist or be coordinated with the actions of 

12 companies operating inside the United States 

13 against the same foreign malicious cyber actors. 

14 (b) ANNUAL BRIEFING.— 

15 (1) IN GENERAL.—During the period beginning 

16 on March 1, 2022, and ending on March 1, 2026, 

17 the Commander shall, not less frequently than once 

18 each year, provide to the Committee on Armed Serv19 ices of the Senate and the Committee on Armed 

20 Services of the House of Representatives a briefing 

21 on the status of activities conducted under sub22 section (a). 

23 (2) ELEMENTS.—Each briefing provided under 

24 paragraph (1) shall include the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
778 

•S 2792 RS

1 (A) Such recommendations for legislative 

2 or administrative action as the Commander con3 siders appropriate to improve and facilitate the 

4 planning activities conducted under subsection 

5 (a). 

6 (B) Such recommendations as the Com7 mander may have for increasing private sector 

8 participation in the planning activities con9 ducted under subsection (a). 

10 (C) A description of the challenges encoun11 tered in carrying out subsection (a), including 

12 any concerns expressed to the Commander by 

13 private sector partners regarding participation 

14 in the planning activities under such subsection. 

15 (D) A description of any improvements re16 sulting from the planning activities conducted 

17 in subsection (a). 

18 (E) Such other matters as the Commander 

19 considers appropriate. 

20 (c) PROTECTION OF TRADE SECRETS AND PROPRI21 ETARY INFORMATION.—The Commander shall ensure that 

22 any trade secret or proprietary information of a company 

23 engaged with the Department through the process estab24 lished under subsection (a) that is made known to the De25 partment pursuant to such process remains private and 


Pbinns on DSKJLVW7X2PROD with BILLS
779 

•S 2792 RS

1 protected unless otherwise explicitly authorized by the 

2 company. 

3 (d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to authorize United States Cyber 

5 Command to conduct operations inside the United States 

6 or for private sector entities to conduct offensive cyber ac7 tivities outside the United States, except to the extent 

8 such operations or activities are permitted by a provision 

9 of law in effect on the day before the date of the enact10 ment of this Act. 

11 SEC. 1605. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNER12 SHIPS WITH INTERNET ECOSYSTEM COMPA13 NIES TO DETECT AND DISRUPT ADVERSARY 

14 CYBER OPERATIONS. 

15 (a) PILOT REQUIRED.—Not later than one year after 

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

17 Defense shall establish and commence a pilot program to 

18 assess the feasibility and advisability of entering into pub19 lic-private partnerships with internet ecosystem companies 

20 to facilitate actions by such companies to discover and dis21 rupt use of the platforms, systems, services, and infra22 structure of such companies by malicious cyber actors. 

23 (b) PUBLIC-PRIVATE PARTNERSHIPS.— 

24 (1) IN GENERAL.—Under the pilot program re25 quired by subsection (a), the Secretary shall seek to 


Pbinns on DSKJLVW7X2PROD with BILLS
780 

•S 2792 RS

1 enter into one or more public-private partnerships 

2 with internet ecosystem companies to facilitate ac3 tions as described in subsection (a). 

4 (2) VOLUNTARY PARTICIPATION.—Participation 

5 by an internet ecosystem company in a public-pri6 vate partnership under the pilot program shall be 

7 voluntary. 

8 (c) AUTHORIZED ACTIVITIES.—In establishing and 

9 conducting the pilot program under subsection (a), the 

10 Secretary may— 

11 (1) provide assistance to a participating com12 pany in developing effective know-your-customer 

13 processes and requirements; 

14 (2) provide information, analytics, and technical 

15 assistance to improve the ability of participating 

16 companies to detect and prevent illicit or suspicious 

17 procurement, payment, and account creation; 

18 (3) develop and socialize best practices for the 

19 collection, retention, and sharing of data by partici20 pating companies to support discovery of malicious 

21 cyber activity, investigations, and attribution; 

22 (4) provide timely information to participating 

23 companies, such as foreign actor technical persona 

24 identification details, information about ongoing op25 erations and infrastructure, and indicators of comVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
781 

•S 2792 RS

1 promise, to enable such companies to detect and dis2 rupt the use of their platforms, systems, services, 

3 and infrastructure by malicious cyber actors; 

4 (5) facilitate development of threat-sharing, in5 formation-exchange, and data pooling and analysis 

6 arrangements among participating companies such 

7 that individual companies or trusted third parties, 

8 such as cybersecurity nonprofit organizations or in9 formation-sharing and analysis centers, can correlate 

10 relevant data and indicators, as described in para11 graph (3), across platforms, systems, services, and 

12 infrastructure; 

13 (6) provide recommendations for and assist in 

14 the development and institution of operational 

15 workflows, assessment and compliance practices, and 

16 training that participating companies can institute 

17 reliably to detect and disrupt the use of their plat18 forms, systems, services, and infrastructure by mali19 cious cyber actors; 

20 (7) accelerate to the greatest extent possible, 

21 the automation of existing or instituted operational 

22 workflows to operate at line-rate in order to enable 

23 real-time mitigation without the need for manual re24 view or action; 


Pbinns on DSKJLVW7X2PROD with BILLS
782 

•S 2792 RS

1 (8) provide recommendations for and assist in 

2 the development of technical capabilities to enable 

3 participating companies to collect and analyze data 

4 on activities occurring on their platforms, systems, 

5 services, and infrastructure to detect and disrupt op6 erations of malicious cyber actors; and 

7 (9) provide recommendations regarding relevant 

8 mitigations for suspected or discovered malicious 

9 cyber activity and thresholds for action. 

10 (d) COMPETITION CONCERNS.—The Secretary shall 

11 ensure that any trade secret or proprietary information 

12 of a participating company made known to the Depart13 ment of Defense pursuant to a public-private partnership 

14 under the pilot program remains private and protected un15 less explicitly authorized by the participating company. 

16 (e) IMPARTIALITY.—In carrying out the pilot pro17 gram under subsection (a), the Secretary shall not take 

18 any action that is intended primarily to advance the par19 ticular business interests of a given company but are oth20 erwise authorized to take actions that advance the inter21 ests of the United States, notwithstanding differential im22 pact or benefit to a given company’s or given companies’ 

23 business interests. 

24 (f) PARTICIPATION OF OTHER FEDERAL GOVERN25 MENT COMPONENTS.—The Secretary may invite to parVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
783 

•S 2792 RS

1 ticipate in the pilot program required by subsection (a) 

2 the heads of such departments or agencies as the Sec3 retary considers appropriate. 

4 (g) LIMITATION ON GOVERNMENT ACCESS TO

5 DATA.—The Secretary shall ensure that Government offi6 cials involved in the pilot program have access to informa7 tion authorized to be shared with the Federal Government 

8 pursuant to the Cybersecurity Information Sharing Act of 

9 2015 (Public Law 114–113; 6 U.S.C. 1501 et seq.). 

10 (h) BRIEFINGS.— 

11 (1) INITIAL.—Not later than one year after the 

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

13 Defense shall brief the Committee on Armed Serv14 ices of the Senate and the Committee on Armed 

15 Services of the House of Representatives on the pilot 

16 program and the plans for the conduct of the pilot 

17 program under subsection (a). 

18 (2) FOLLOW-UP.—Not later than 540 days 

19 after the date of the enactment of this Act, the Sec20 retary shall brief the committees described in para21 graph (1) on the progress of the pilot program con22 ducted under subsection (a), the projected end date 

23 of the pilot program, and the findings of the Sec24 retary with respect to the feasibility and advisability 

25 of extending or expanding the pilot program. 


Pbinns on DSKJLVW7X2PROD with BILLS
784 

•S 2792 RS

1 (i) DEFINITIONS.—In this section: 

2 (1) The term ‘‘internet ecosystem company’’ 

3 means a business incorporated in the United States 

4 that provide cybersecurity services, internet service, 

5 content delivery services, Domain Name Service, 

6 cloud services, mobile telecommunications services, 

7 email and messaging services, internet browser serv8 ices, or such other services as the Secretary deter9 mines appropriate for the purposes of the pilot pro10 gram required by subsection (a). 

11 (2) The term ‘‘participating company’’ means 

12 an internet ecosystem company that has entered into 

13 a public-private partnership with the Secretary 

14 under subsection (b). 

15 SEC. 1606. ZERO TRUST STRATEGY, PRINCIPLES, MODEL 

16 ARCHITECTURE, AND IMPLEMENTATION 

17 PLANS. 

18 (a) ZERO TRUST STRATEGY, PRINCIPLES, AND

19 MODEL ARCHITECTURE REQUIRED.—Not later than 270 

20 days after the date of the enactment of this Act, the Chief 

21 Information Officer of the Department of Defense and the 

22 Commander of Joint Forces Headquarters-Department of 

23 Defense Information Network shall jointly develop a zero 

24 trust strategy, principles, and a model architecture to be 

25 implemented across the Department of Defense InformaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
785 

•S 2792 RS

1 tion Network, including classified networks, operational 

2 technology, and weapon systems. 

3 (b) STRATEGY, PRINCIPLES, AND MODEL ARCHITEC4 TURE ELEMENTS.—The zero trust strategy, principles, 

5 and model architecture required under subsection (a) shall 

6 include, at a minimum, the following elements: 

7 (1) Prioritized policies and procedures for es8 tablishing implementations of mature zero trust ena9 bling capabilities within on-premises, hybrid, and 

10 pure cloud environments, including access control 

11 policies that determine which persona or device shall 

12 have access to which resources and the following: 

13 (A) Identity, credential, and access man14 agement. 

15 (B) Macro and micro network segmenta16 tion, whether in virtual, logical, or physical en17 vironments. 

18 (C) Traffic inspection. 

19 (D) Application security and containment. 

20 (E) Transmission, ingest, storage, and 

21 real-time analysis of cybersecurity metadata 

22 endpoints, networks, and storage devices. 

23 (F) Data management, data rights man24 agement, and access controls. 

25 (G) End-to-end encryption. 


Pbinns on DSKJLVW7X2PROD with BILLS
786 

•S 2792 RS

1 (H) User access and behavioral moni2 toring, logging, and analysis. 

3 (I) Data loss detection and prevention 

4 methodologies. 

5 (J) Least privilege, including system or 

6 network administrator privileges. 

7 (K) Endpoint cybersecurity, including se8 cure host, endpoint detection and response, and 

9 comply-to-connect requirements. 

10 (L) Automation and orchestration. 

11 (M) Configuration management of virtual 

12 machines, devices, servers, routers, and similar 

13 to be maintained on a single virtual device ap14 proved list (VDL). 

15 (2) Policies specific to operational technology, 

16 critical data, infrastructures, weapon systems, and 

17 classified networks. 

18 (3) Specification of enterprise-wide acquisitions 

19 of capabilities conducted or to be conducted pursu20 ant to those policies. 

21 (4) Specification of standard zero trust prin22 ciples supporting reference architectures and 

23 metrics-based assessment plan. 


Pbinns on DSKJLVW7X2PROD with BILLS
787 

•S 2792 RS

1 (5) Roles, responsibilities, functions, and oper2 ational workflows of zero trust cybersecurity archi3 tecture and information technology personnel— 

4 (A) at combatant commands, military serv5 ices, and defense agencies; and 

6 (B) Joint Forces Headquarters-Depart7 ment of Defense Information Network. 

8 (c) ARCHITECTURE DEVELOPMENT AND IMPLEMEN9 TATION.—In developing and implementing the zero trust 

10 principles and model architecture required under sub11 section (a), the Chief Information Officer and the Com12 mander shall— 

13 (1) coordinate with— 

14 (A) the Principal Cyber Advisor to the Sec15 retary of Defense; 

16 (B) military departments and defense 

17 agencies; 

18 (C) the Director of the National Security 

19 Agency Cybersecurity Directorate; 

20 (D) the Director of the Defense Advanced 

21 Research Projects Agency; 

22 (E) the Chief Information Officers of each 

23 military service; 

24 (F) the Commanders of the cyber compo25 nents of the military services; 


Pbinns on DSKJLVW7X2PROD with BILLS
788 

•S 2792 RS

1 (G) the Principal Cyber Advisors of each 

2 military service; and 

3 (H) the Chairman of the Joints Chiefs of 

4 Staff; 

5 (2) assess the utility of the Joint Regional Se6 curity Stacks, automated continuous endpoint moni7 toring program, assured compliance assessment solu8 tion, and each of the defenses at the Internet Access 

9 Points for their relevance and applicability to the 

10 zero trust architecture and opportunities for integra11 tion or divestment; 

12 (3) employ all available resources to include on13 line training, leveraging commercially available zero 

14 trust training material, and other Federal agency 

15 training where feasible, to implement cybersecurity 

16 training on zero trust at the— 

17 (A) executive level; 

18 (B) cybersecurity professional or imple19 menter level; and 

20 (C) general knowledge levels for Depart21 ment of Defense users; 

22 (4) facilitate cyber protection team and cyberse23 curity service provider threat hunting and discovery 

24 of novel adversary activity; 


Pbinns on DSKJLVW7X2PROD with BILLS
789 

•S 2792 RS

1 (5) assess and implement means to effect Joint 

2 Force Headquarters–Department of Defense Infor3 mation Network’s automated command and control 

4 of the entire Department of Defense Information 

5 Network; 

6 (6) assess the potential of and, as appropriate, 

7 encourage use of third-party cybersecurity-as-a-serv8 ice models; 

9 (7) engage with and conduct outreach to indus10 try, academia, international partners, and other de11 partments and agencies of the Federal Government 

12 on issues relating to deployment of zero trust archi13 tectures; 

14 (8) assess the current Comply-to-Connect Plan; 

15 and 

16 (9) review past and conduct additional pilots to 

17 guide development, including— 

18 (A) utilization of networks designated for 

19 testing and accreditation under section 1658 of 

20 the National Defense Authorization Act for Fis21 cal Year 2020 (Public Law 116–92; 10 U.S.C. 

22 2224 note); 

23 (B) use of automated red team products 

24 for assessment of pilot architectures; and 


Pbinns on DSKJLVW7X2PROD with BILLS
790 

•S 2792 RS

1 (C) accreditation of piloted cybersecurity 

2 products for enterprise use in line with the find3 ings on enterprise accreditation standards as 

4 performed under section 1654 of such Act (133 

5 Stat. 1764; Public Law 116–92). 

6 (d) IMPLEMENTATION PLANS.— 

7 (1) IN GENERAL.—No later than one year after 

8 the finalization of the model zero trust principles 

9 and architecture required under subsection (a), the 

10 head of each military department and the head of 

11 each component of the Department of Defense shall 

12 transmit to the Chief Information Officer of the De13 partment and the Commander of Joint Forces 

14 Headquarters-Department of Defense Information 

15 Network a draft plan to implement such zero trust 

16 strategy, principles, and model architecture across 

17 the networks of their respective components and 

18 military department. 

19 (2) ELEMENTS.—Each implementation plan 

20 transmitted under paragraph (1) shall include, at a 

21 minimum, the following: 

22 (A) Specific acquisitions, implementations, 

23 instrumentations, and operational workflows to 

24 be implemented, across unclassified and classiVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
791 

•S 2792 RS

1 fied networks, operational technology, and 

2 weapon systems. 

3 (B) A detailed schedule with target mile4 stones and required expenditures. 

5 (C) Interim and final metrics, including a 

6 phase migration plan. 

7 (D) Identification of additional funding, 

8 authorities, and policies, as may be required. 

9 (E) Requested waivers, exceptions to De10 partment of Defense policy, and expected 

11 delays. 

12 (3) LIMITATION ON PROCUREMENT.—A head 

13 described in paragraph (1) who transmits a plan 

14 under such paragraph may not procure any hard15 ware or software pursuant to such plan until the 

16 Chief Information Office and the Commander both 

17 certify that the plan complies with Department 

18 interoperability needs, the Department zero trust 

19 reference architecture, and redundancy, resiliency, 

20 and federation requirements of the Department. 

21 (e) IMPLEMENTATION OVERSIGHT.— 

22 (1) IN GENERAL.—The Chief Information Offi23 cer shall— 

24 (A) assess the implementation plans sub25 mitted under subsection (d)(1) for adequacy 


Pbinns on DSKJLVW7X2PROD with BILLS
792 

•S 2792 RS

1 and responsiveness to the principles and model 

2 architecture required by subsection (a); 

3 (B) assess such implementation plans and 

4 their institution for appropriate use of enter5 prise-wide acquisitions; 

6 (C) ensure, at a high level, the interoper7 ability and compatibility of individual compo8 nents’ Solutions Architectures to include the 

9 leveraging of enterprise capabilities where ap10 propriate through standards derivation, policy 

11 and, reviews; 

12 (D) use the annual investment guidance of 

13 the Chief to ensure appropriate implementation, 

14 including appropriate use of enterprise-wide ac15 quisitions; 

16 (E) track use of waivers and exceptions to 

17 policy; 

18 (F) use the Cybersecurity Scorecard to 

19 track and drive implementation of Department 

20 components; and 

21 (G) leverage the authorities of the Com22 mander of Joint Forces Headquarters-Depart23 ment of Defense Information Network and the 

24 Director of the Defense Information Systems 

25 Agency to begin implementation of the zero 


Pbinns on DSKJLVW7X2PROD with BILLS
793 

•S 2792 RS

1 trust strategy, principles, and model architec2 ture developed under subsection (a). 

3 (2) ASSESSMENTS OF FUNDING.—Not later 

4 than March 31, 2024, and annually thereafter, each 

5 Principal Cyber Advisor of a military service shall 

6 include in the annual budget certification of the mili7 tary service, as required by section 1657(d) of the 

8 National Defense Authorization Act for Fiscal Year 

9 2020 (Public Law 116–92; 10 U.S.C. 391 note), an 

10 assessment of the adequacy of funding requested for 

11 each proposed budget for the purposes of carrying 

12 out the zero trust implementation plan for the mili13 tary service developed in subsection (d). 

14 (f) INITIAL BRIEFINGS.— 

15 (1) BRIEFINGS ON MODEL ARCHITECTURE.— 

16 Not later than 90 days after finalizing the model 

17 zero trust principles and architecture required by 

18 subsection (a), the Chief Information Officer of the 

19 Department and the Commander of Joint Forces 

20 Headquarters-Department of Defense Information 

21 Network shall provide a briefing to the congressional 

22 defense committees on such strategy, principles, and 

23 model architecture. 

24 (2) BRIEFINGS ON IMPLEMENTATION PLANS.— 

25 No later than 90 days after the Department of DeVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
794 

•S 2792 RS

1 fense Chief Information Officer’s receipt of an im2 plementation plan required under subsection (d), the 

3 secretary of a military department, in the case of an 

4 implementation plan pertaining to a military depart5 ment or a military service, or the Chief Information 

6 Officer of the Department, in the case of an imple7 mentation plan pertaining to a remaining component 

8 of the Department, as the case may be, shall each 

9 provide a briefing to the congressional defense com10 mittees on the implementation plan. 

11 (g) ANNUAL BRIEFINGS.—Effective February 1, 

12 2022, at each of the annual cybersecurity budget review 

13 briefings of the Chief Information Officer of the Depart14 ment and the military services for congressional staff until 

15 January 1, 2030, the Chief and the head of each of the 

16 military services shall provide updates on the implementa17 tion of the zero trust architecture in their respective net18 works. 

19 SEC. 1607. DEMONSTRATION PROGRAM FOR AUTOMATED 

20 SECURITY VALIDATION TOOLS. 

21 (a) DEMONSTRATION PROGRAM REQUIRED.—Not 

22 later than October 1, 2024, the Chief Information Officer 

23 of the Department of Defense shall, acting through the 

24 Director of the Defense Information Systems Agency, 

25 complete a demonstration program to demonstrate and asVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
795 

•S 2792 RS

1 sess an automated security validation capability to assist 

2 the Department of Defense by— 

3 (1) mitigating cyber hygiene challenges; 

4 (2) supporting ongoing efforts of the Depart5 ment to assess weapon system resiliency; 

6 (3) quantifying enterprise security effectiveness 

7 of enterprise security controls, to inform future ac8 quisition decisions of the Department; 

9 (4) assisting portfolio managers with balancing 

10 capability costs and capability coverage of the threat 

11 landscape; and 

12 (5) supporting the Department of Defense Cy13 bersecurity Analysis and Review threat framework. 

14 (b) CONSIDERATIONS.—In developing capabilities for 

15 the demonstration program required by subsection (a), the 

16 Chief Information Officer shall consider— 

17 (1) integration of advanced commercially avail18 able threat intelligence; 

19 (2) metrics and scoring of security controls; 

20 (3) cyber analysis, cyber campaign tracking, 

21 and cybersecurity information sharing; 

22 (4) integration of security instrumentation and 

23 testing capability into cybersecurity enclaves and ex24 isting cybersecurity controls; 

25 (5) endpoint sandboxing; and 


Pbinns on DSKJLVW7X2PROD with BILLS
796 

•S 2792 RS

1 (6) use of actual adversary attack methodolo2 gies. 

3 (c) COORDINATION WITH MILITARY SERVICES.—In 

4 carrying out the demonstration program required by sub5 section (a), the Chief Information Officer shall, acting 

6 through the Director of the Defense Information Systems 

7 Agency, coordinate demonstration program activities with 

8 complementary efforts on-going within the military serv9 ices, defense agencies, and field agencies. 

10 (d) INDEPENDENT CAPABILITY ASSESSMENT.—In 

11 carrying out the demonstration program required by sub12 section (a), the Chief Information Officer shall, acting 

13 through the Director of the Defense Information Systems 

14 Agency and in coordination with the Director, Operational 

15 Test and Evaluation, perform operational testing to evalu16 ate the operational effectiveness, suitability, and cyberse17 curity of the capabilities developed under the demonstra18 tion program. 

19 (e) BRIEFING.— 

20 (1) INITIAL BRIEFING.—Not later than April 1, 

21 2022, the Chief Information Officer shall brief the 

22 Committee on Armed Services of the Senate and the 

23 Committee on Armed Services of the House of Rep24 resentatives on the plans and status of the Chief InVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
797 

•S 2792 RS

1 formation Officer with respect to the demonstration 

2 program required by subsection (a). 

3 (2) FINAL BRIEFING.—Not later than October 

4 1, 2024, the Chief Information Officer shall brief 

5 the Committee on Armed Services of the Senate and 

6 the Committee on Armed Services of the House of 

7 Representatives on the results and findings of the 

8 Chief Information Officer with respect to the dem9 onstration program required by subsection (a). 

10 SEC. 1608. IMPROVEMENTS TO CONSORTIUM OF UNIVER11 SITIES TO ADVISE SECRETARY OF DEFENSE 

12 ON CYBERSECURITY MATTERS. 

13 (a) IN GENERAL.—Section 1659 of the National De14 fense Authorization Act for Fiscal Year 2020 (Public Law 

15 116–92; 10 U.S.C. 391 note) is amended— 

16 (1) in subsection (a), in the matter before para17 graph (1), by striking ‘‘one or more consortia’’ and 

18 inserting ‘‘a consortium’’; and 

19 (2) in subsection (c), by amending paragraph 

20 (1) to read as follows: 

21 ‘‘(1) DESIGNATION OF ADMINISTRATIVE

22 CHAIR.—The Secretary of Defense shall designate 

23 the National Defense University College of Informa24 tion and Cyberspace to function as the administraVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00797 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
798 

•S 2792 RS

1 tive chair of the consortium established under sub2 section (a).’’. 

3 (b) CONFORMING AMENDMENTS.—Such section is 

4 further amended— 

5 (1) in subsection (a)(1), by striking ‘‘or con6 sortia’’; 

7 (2) in subsection (b), by striking ‘‘or con8 sortia’’; 

9 (3) in subsection (c)— 

10 (A) by striking paragraph (2); 

11 (B) by redesignating paragraphs (3) and 

12 (4) as paragraphs (2) and (3), respectively; 

13 (C) in paragraph (2), as redesignated by 

14 subparagraph (B)— 

15 (i) in the matter before subparagraph 

16 (A)— 

17 (I) by striking ‘‘Each administra18 tive’’ and inserting ‘‘The administra19 tive’’; and 

20 (II) by striking ‘‘a consortium’’ 

21 and inserting ‘‘the consortium’’; and 

22 (ii) in subparagraph (A), by striking 

23 ‘‘for the term specified by the Secretary 

24 under paragraph (1)’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
799 

•S 2792 RS

1 (D) by amending paragraph (3), as redes2 ignated by subparagraph (B), to read as fol3 lows: 

4 ‘‘(3) EXECUTIVE COMMITTEE.—The Secretary, 

5 in consultation with the administrative chair, may 

6 form an executive committee for the consortium that 

7 is comprised of representatives of the Federal Gov8 ernment to assist the chair with the management 

9 and functions of the consortium.’’; and 

10 (4) by amending subsection (d) to read as fol11 lows: 

12 ‘‘(d) CONSULTATION.—The Secretary shall meet with 

13 such members of the consortium as the Secretary con14 siders appropriate, not less frequently than twice each 

15 year or at such periodicity as is agreed to by the Secretary 

16 and the consortium.’’. 

17 SEC. 1609. QUARTERLY REPORTS ON CYBER OPERATIONS. 

18 (a) IN GENERAL.—Section 484 of title 10, United 

19 States Code is amended— 

20 (1) in the section heading, by inserting ‘‘and 

21 reports’’ after ‘‘briefings’’; 

22 (2) in subsection (a)— 

23 (A) by inserting ‘‘AND REPORTS’’ after 

24 ‘‘BRIEFINGS’’; and 


Pbinns on DSKJLVW7X2PROD with BILLS
800 

•S 2792 RS

1 (B) by inserting ‘‘, and submit to the con2 gressional defense committees a report on,’’ 

3 after ‘‘briefings on’’; and 

4 (3) in subsection (b), in the matter before para5 graph (1), by inserting ‘‘and report’’ after ‘‘Each 

6 briefing’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 23 of such title is amended 

9 by striking the item relating to section 484 and inserting 

10 the following new item: 

‘‘484. Quarterly cyber operations briefings and reports.’’. 

11 SEC. 1610. ASSESSMENT OF CYBERSECURITY POSTURE AND 

12 OPERATIONAL ASSUMPTIONS AND DEVELOP13 MENT OF TARGETING STRATEGIES AND SUP14 PORTING CAPABILITIES. 

15 (a) ASSESSMENT OF CYBERSECURITY POSTURE OF

16 ADVERSARIES AND OPERATIONAL ASSUMPTIONS OF

17 UNITED STATES GOVERNMENT.— 

18 (1) IN GENERAL.—Not later than one year 

19 after the date of the enactment of this Act, the 

20 Commander of United States Cyber Command, the 

21 Under Secretary of Defense for Policy, and the 

22 Under Secretary of Defense for Intelligence and Se23 curity, shall jointly sponsor or conduct an assess24 ment, including, if appropriate, a war-game or table25 top exercise, of the current and emerging offensive 


Pbinns on DSKJLVW7X2PROD with BILLS
801 

•S 2792 RS

1 cyber posture of adversaries of the United States 

2 and the current operational assumptions and plans 

3 of the Armed Forces for offensive cyber operations 

4 during potential crises or conflict. 

5 (2) ELEMENTS.—The assessment required by 

6 paragraph (1) shall include consideration of the fol7 lowing: 

8 (A) Changes to strategies, operational con9 cepts, operational preparation of the environ10 ment, and rules of engagement. 

11 (B) Opportunities provided by armed 

12 forces in theaters of operations and other inno13 vative alternatives. 

14 (C) Changes in intelligence community (as 

15 defined in section 3 of the National Security 

16 Act of 1947 (50 U.S.C. 3003)) targeting and 

17 operations in support of the Department of De18 fense. 

19 (D) Adversary capabilities to deny or de20 grade United States activities in cyberspace. 

21 (E) Adversaries’ targeting of United States 

22 critical infrastructure and implications for 

23 United States policy. 

24 (F) Potential effect of emerging tech25 nologies, such as fifth generation mobile netVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00801 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
802 

•S 2792 RS

1 works, expanded use of cloud information tech2 nology services, and artificial intelligence. 

3 (G) Changes in organizational design. 

4 (H) The effect of private sector cybersecu5 rity research. 

6 (b) DEVELOPMENT OF TARGETING STRATEGIES, 

7 SUPPORTING CAPABILITIES, AND OPERATIONAL CON8 CEPTS.— 

9 (1) IN GENERAL.—Not later than one year 

10 after the date of the enactment of this Act, the 

11 Commander shall— 

12 (A) assess and establish the capabilities, 

13 capacities, tools, and tactics required to support 

14 targeting strategies for— 

15 (i) day-to-day persistent engagement 

16 of adversaries, including support to infor17 mation operations; 

18 (ii) support to geographic combatant 

19 commanders at the onset of hostilities and 

20 during sustained conflict; and 

21 (iii) deterrence of attacks on United 

22 States critical infrastructure, including the 

23 threat of counter value responses; 


Pbinns on DSKJLVW7X2PROD with BILLS
803 

•S 2792 RS

1 (B) develop future cyber targeting strate2 gies and capabilities across the categories of 

3 cyber missions and target classes where— 

4 (i) time-consuming and human effort5 intensive stealthy operations are required 

6 to acquire and maintain access to targets, 

7 and the mission is so important it is 

8 worthwhile to expend such efforts to hold 

9 them at risk; 

10 (ii) target prosecution requires unique 

11 access and exploitation tools and tech12 nologies, and the target importance justi13 fies such efforts, time, and expense; 

14 (iii) operational circumstances do not 

15 allow for and do not require spending the 

16 time and human effort required for 

17 stealthy, nonattributable, and continuous 

18 access to targets; 

19 (iv) capabilities are needed to rapidly 

20 prosecute targets that have not been pre21 viously planned and that can be accessed 

22 and exploited using known, available tools 

23 and techniques; and 


Pbinns on DSKJLVW7X2PROD with BILLS
804 

•S 2792 RS

1 (v) targets may be prosecuted with 

2 the aid of automated techniques to achieve 

3 speed, mass, and scale; and 

4 (C) develop strategies for appropriate utili5 zation of Cyber Mission Teams in support of 

6 combatant command objectives as— 

7 (i) adjuncts to or substitutes for ki8 netic operations; or 

9 (ii) independent means to achieve 

10 novel tactical, operational, and strategic 

11 objectives. 

12 (2) BRIEFING REQUIRED.— 

13 (A) IN GENERAL.—Not more than 30 days 

14 after the date on which all of the activities re15 quired by paragraph (1) have been completed, 

16 the Commander shall provide the congressional 

17 defense committees a briefing on the activities. 

18 (B) ELEMENTS.—The briefing provided 

19 under subparagraph (A) shall include the fol20 lowing: 

21 (i) Recommendations for such legisla22 tive or administrative action as the Com23 mander considers necessary to address ca24 pability shortcomings. 


Pbinns on DSKJLVW7X2PROD with BILLS
805 

•S 2792 RS

1 (ii) Plans to address capability short2 comings. 

3 (c) COUNTRY-SPECIFIC ACCESS STRATEGIES.— 

4 (1) IN GENERAL.—Not later than one year 

5 after the date on which all of the activities required 

6 by subsection (b)(1) have been completed, the Com7 mander shall complete development of country-spe8 cific access strategies for the Russian Federation, 

9 the People’s Republic of China, the Democratic Peo10 ple’s Republic of Korea, and the Islamic Republic of 

11 Iran. 

12 (2) ELEMENTS.—Each country-specific access 

13 strategy developed under paragraph (1) shall include 

14 the following: 

15 (A) Specification of desired and required— 

16 (i) outcomes; 

17 (ii) cyber warfighting architecture, to 

18 include— 

19 (I) tools and redirectors; 

20 (II) access platforms; and 

21 (III) data analytics, modeling, 

22 and simulation capacity; 

23 (iii) specific means to achieve and 

24 maintain persistent access and conduct 

25 command and control and exfiltration 


Pbinns on DSKJLVW7X2PROD with BILLS
806 

•S 2792 RS

1 against hard targets and in operationally 

2 challenging environments across the con3 tinuum of conflict; 

4 (iv) intelligence, surveillance, and re5 connaissance support; 

6 (v) operational partnerships with al7 lies; 

8 (vi) rules of engagement; 

9 (vii) personnel, training, and equip10 ment; and 

11 (viii) targeting strategies, including 

12 those that do not demand deliberate tar13 geting and precise access to achieve effects; 

14 and 

15 (B) recommendations for such policy or 

16 resourcing changes as the Commander con17 siders appropriate to address access shortfalls. 

18 (3) CONSULTATION REQUIRED.—The Com19 mander shall develop the country-specific access 

20 strategies under paragraph (1) independently but in 

21 consultation with the following: 

22 (A) The Director of the National Security 

23 Agency. 

24 (B) The Director of the Central Intel25 ligence Agency. 


Pbinns on DSKJLVW7X2PROD with BILLS
807 

•S 2792 RS

1 (C) The Director of the Defense Advanced 

2 Research Projects Agency. 

3 (D) The Director of the Strategic Capabili4 ties Office. 

5 (E) The Under Secretary of Defense for 

6 Policy. 

7 (F) The Principal Cyber Advisor to the 

8 Secretary of Defense. 

9 (G) The Commanders of all other Combat10 ant Commands. 

11 (4) BRIEFING.—Upon completion of the coun12 try-specific access strategies required by paragraph 

13 (1), the Commander shall provide the Deputy Sec14 retary of Defense, the Vice Chairman of the Joint 

15 Chiefs of Staff, the Committee on Armed Services of 

16 the Senate, and the Committee on Armed Services 

17 of the House of Representatives a briefing on such 

18 strategies. 

19 SEC. 1611. ASSESSING CAPABILITIES TO COUNTER ADVER20 SARY USE OF RANSOMWARE TOOLS, CAPA21 BILITIES, AND INFRASTRUCTURE. 

22 (a) COMPREHENSIVE ASSESSMENT AND REC23 OMMENDATIONS REQUIRED.—Not later than March 1, 

24 2022, the Secretary of Defense shall— 


Pbinns on DSKJLVW7X2PROD with BILLS
808 

•S 2792 RS

1 (1) conduct a comprehensive assessment of the 

2 policy, capacity, and capabilities of the Department 

3 of Defense to diminish and defend the United States 

4 from ransomware threats, including— 

5 (A) an assessment of the current and po6 tential threats and risks to national and eco7 nomic security posed by— 

8 (i) foreign criminal organizations that 

9 provide large-scale and sophisticated cyber 

10 attack capabilities and infrastructure used 

11 to conduct ransomware attacks; and 

12 (ii) organizations that conduct or 

13 could conduct ransomware or other attacks 

14 that use the capabilities and infrastructure 

15 described in clause (i) on a large scale 

16 against important assets and systems in 

17 the United States, including critical infra18 structure; 

19 (B) an assessment of— 

20 (i) the threat posed by the criminal 

21 organizations, capabilities, and infrastruc22 ture described in subparagraph (A) to the 

23 Department of Defense Information Net24 work and the United States; and 


Pbinns on DSKJLVW7X2PROD with BILLS
809 

•S 2792 RS

1 (ii) the current and potential role of 

2 United States Cyber Command in address3 ing the threat described in clause (i); 

4 (C) an identification of the current and po5 tential Department efforts, processes, and capa6 bilities to deter and counter the threat de7 scribed in subparagraph (B)(i), including 

8 through offensive cyber effects operations; 

9 (D) an assessment of the application of the 

10 defend forward and persistent engagement 

11 operational concepts and capabilities of the De12 partment to deter and counter the threat of 

13 ransomware to the United States; 

14 (E) a description of the efforts of the De15 partment in interagency processes, and joint 

16 collaboration with allies and partners of the 

17 United States, to address the growing threat of 

18 criminal cyber enterprises that conduct 

19 ransomware attacks and could conduct attacks 

20 with other objectives to the United States and 

21 allies and partners of the United States; 

22 (F) a determination of the extent to which 

23 the governments of countries where large-scale 

24 and sophisticated criminal cyber enterprises are 

25 principally located are tolerating the activities 


Pbinns on DSKJLVW7X2PROD with BILLS
810 

•S 2792 RS

1 of such enterprises, have interactions with such 

2 enterprises, could direct their operations, and 

3 could suppress them; 

4 (G) an assessment as to whether the crimi5 nal cyber enterprises described in subparagraph 

6 (F) are perfecting and practicing attack tech7 niques and capabilities at scale that can be co8 opted and placed in the service of the country 

9 where they are based; and 

10 (H) identification of such legislative or ad11 ministrative action as may be necessary to more 

12 effectively counter the threat of ransomware; 

13 and 

14 (2) develop recommendations for the Depart15 ment to build capabilities to develop and execute in16 novative methods to deter and counter ransomware 

17 attacks prior and in response to the launching of at18 tacks. 

19 (b) BRIEFING.—Not later than April 1, 2022, the 

20 Secretary shall brief the congressional defense committees 

21 on the assessment completed under paragraph (1) of sub22 section (a) and the recommendations developed under 

23 paragraph (2) of such subsection. 


Pbinns on DSKJLVW7X2PROD with BILLS
811 

•S 2792 RS

1 SEC. 1612. COMPARATIVE ANALYSIS OF CYBERSECURITY 

2 CAPABILITIES. 

3 (a) COMPARATIVE ANALYSIS REQUIRED.—Not later 

4 than 180 days after the date of the enactment of this Act, 

5 the Principal Cyber Advisor to the Secretary of Defense 

6 and the Director of Cost Assessment and Program Eval7 uation (CAPE), in consultation with the Chief Informa8 tion Officers and Principal Cyber Advisors of each of the 

9 military departments, shall jointly sponsor a comparative 

10 analysis, that the Director of the National Security Agen11 cy and the Director of the Defense Information Systems 

12 Agency shall conduct, of the following: 

13 (1) The cybersecurity tools, applications, and 

14 capabilities offered as options on enterprise software 

15 agreements for cloud-based productivity and collabo16 ration suites such as that offered under the Defense 

17 Enterprise Office Solution and Enterprise Software 

18 Agreement contracts with Department of Defense 

19 components, relative to those that are currently de20 ployed in, or required by, the Department to conduct 

21 the functions of— 

22 (A) asset discovery; 

23 (B) vulnerability scanning; 

24 (C) conditional access (also known as 

25 ‘‘comply-to-connect’’); 

26 (D) event correlation; 


Pbinns on DSKJLVW7X2PROD with BILLS
812 

•S 2792 RS

1 (E) patch management and remediation; 

2 (F) endpoint query and control; 

3 (G) endpoint detection and response; 

4 (H) data rights management; 

5 (I) data loss prevention; 

6 (J) data tagging; 

7 (K) data encryption; 

8 (L) security information and event man9 agement; and 

10 (M) security orchestration, automation, 

11 and response. 

12 (2) The identity, credential, and access manage13 ment (ICAM) system, and associated capabilities to 

14 enforce the principle of least privilege access, offered 

15 as an existing option on a contract described in 

16 paragraph (1), relative to— 

17 (A) the requirements of such system de18 scribed in the Zero Trust Reference Architec19 ture of the Department; and 

20 (B) the requirements of such system under 

21 development by the Defense Information Sys22 tems Agency. 

23 (3) The artificial intelligence and machine24 learning capabilities associated with the tools, appli25 cations, and capabilities described in paragraphs (1) 


Pbinns on DSKJLVW7X2PROD with BILLS
813 

•S 2792 RS

1 and (2), and the ability to host government or third2 party artificial intelligence and machine-learning al3 gorithms within the contracted environments de4 scribed in paragraph (1) for those tools, applica5 tions, and capabilities described in paragraphs (1) 

6 and (2). 

7 (4) The network consolidation and segmenta8 tion capabilities offered on the contracts described in 

9 paragraph (1) relative to capabilities projected in the 

10 Zero Trust Reference Architecture. 

11 (5) The automated orchestration and interoper12 ability among all of the tools, applications, and capa13 bilities described in paragraphs (1) through (4). 

14 (b) ELEMENTS OF COMPARATIVE ANALYSIS.—The 

15 comparative analysis conducted under subsection (a) shall 

16 include an assessment of the following: 

17 (1) Costs. 

18 (2) Performance. 

19 (3) Sustainment. 

20 (4) Scalability. 

21 (5) Training requirements. 

22 (6) Maturity. 

23 (7) Human effort requirements. 

24 (8) Speed of integrated operations. 


Pbinns on DSKJLVW7X2PROD with BILLS
814 

•S 2792 RS

1 (9) Ability to operate on multiple operating sys2 tems and in multiple cloud environments. 

3 (10) Such other matters as the Principal Cyber 

4 Advisor to the Secretary of Defense and the Director 

5 of Cost Assessment and Program Evaluation con6 sider appropriate. 

7 (c) BRIEFING REQUIRED.—Not later than 30 days 

8 after the date on which the analysis required by subsection 

9 (a) is completed, the Principal Cyber Advisor and the Di10 rector shall jointly provide the congressional defense com11 mittees with a briefing on the findings of the Principal 

12 Cyber Advisor and the Director with respect to such anal13 ysis, along with such recommendations for legislative or 

14 administrative action as the Principal Cyber Advisor and 

15 the Director may have with respect to the matters covered 

16 by the analysis. 

17 SEC. 1613. REPORT ON THE CYBERSECURITY MATURITY 

18 MODEL CERTIFICATION PROGRAM. 

19 (a) REPORT REQUIRED.—Not later than January 15, 

20 2022, the Secretary of Defense shall submit to the Com21 mittee on Armed Services of the Senate and the Com22 mittee on Armed Services of the House of Representatives 

23 a report on the plans of the Secretary for the Cyber Matu24 rity Model Certification program in consideration of the 

25 recent internal review of the program and recent efforts 


Pbinns on DSKJLVW7X2PROD with BILLS
815 

•S 2792 RS

1 of the Secretary to improve the cybersecurity of the de2 fense industrial base. 

3 (b) CONTENTS.—The report submitted under sub4 section (a) shall include the following: 

5 (1) The programmatic changes required in 

6 Cyber Maturity Model Certification program to ad7 dress recommendations developed pursuant to the 

8 review described in subsection (a). 

9 (2) The strategy of the Secretary for rule10 making for such program and the process for the 

11 Cybersecurity Maturity Model Certification rule. 

12 (3) The budget and resources required to sup13 port such program. 

14 (4) A plan for communication and coordination 

15 with the defense industrial base regarding such pro16 gram. 

17 (5) The coordination needed within the Depart18 ment and between Federal agencies for such pro19 gram. 

20 (6) The status of efforts to develop the frame21 work required by section 1648 of the National De22 fense Authorization Act for Fiscal Year 2020 (Pub23 lic Law 116–92; 10 U.S.C. 2224 note). 

24 (7) Plans and explicit public announcement of 

25 processes for reimbursement of cybersecurity compliVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00815 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
816 

•S 2792 RS

1 ance expenses for small and non-traditional busi2 nesses in the defense industrial base. 

3 (8) Plans for ensuring that persons seeking a 

4 Department of Defense contract for the first time 

5 are not required to expend funds to acquire cyberse6 curity capabilities and a certification required to per7 form under a contract as a precondition for bidding 

8 on such a contract without reimbursement in the 

9 event that such persons do not receive a contract 

10 award. 

11 (9) Clarification of roles and responsibilities of 

12 prime contractors for assisting and managing cyber13 security performance of subcontractors. 

14 (10) Such additional matters as the Secretary 

15 considers appropriate. 

16 SEC. 1614. REPORT ON POTENTIAL DEPARTMENT OF DE17 FENSE SUPPORT AND ASSISTANCE FOR IN18 CREASING THE AWARENESS OF THE CYBER19 SECURITY AND INFRASTRUCTURE SECURITY 

20 AGENCY OF CYBER THREATS AND 

21 VULNERABILITIES AFFECTING CRITICAL IN22 FRASTRUCTURE. 

23 (a) REPORT REQUIRED.—Not later than 270 days 

24 after the date of the enactment of this Act, the Secretary 

25 of Defense, in consultation with the Secretary of HomeVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00816 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
817 

•S 2792 RS

1 land Security and the National Cyber Director, shall sub2 mit to the Committee on Armed Services of the Senate 

3 and the Committee on Armed Services of the House of 

4 Representatives a report that provides recommendations 

5 on how the Department of Defense can improve support 

6 and assistance to the Cybersecurity and Infrastructure Se7 curity Agency to increase awareness of threats and 

8 vulnerabilities affecting domestic networks that are critical 

9 infrastructure, including infrastructure that is critical to 

10 the Department and infrastructure that is critical to the 

11 defense of the United States. 

12 (b) ELEMENTS OF REPORT.—The report required by 

13 subsection (a) shall— 

14 (1) assess and identify areas in which the De15 partment of Defense could provide support or assist16 ance to the Cybersecurity and Infrastructure Secu17 rity Agency in expanding or increasing the technical 

18 understanding and awareness of threats and 

19 vulnerabilities affecting critical infrastructure, in20 cluding through information sharing and voluntary 

21 network monitoring programs; 

22 (2) identify and assess any legal, policy, organi23 zational, or technical barriers to enabling support 

24 provided by the Department to the Agency for im25 proved situational awareness of cyber threats to critVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00817 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
818 

•S 2792 RS

1 ical infrastructure, including increased information 

2 sharing; 

3 (3) assess and describe any legal or policy 

4 changes necessary to enable the Department to pro5 vide support or assistance to the Agency for im6 proved situational awareness of cyber threats to crit7 ical infrastructure while preserving privacy and civil 

8 liberties; 

9 (4) assess and describe the budgetary and other 

10 resource effects on the Department of providing sup11 port or assistance to the Agency for improved situa12 tional awareness of cyber threats to critical infra13 structure; and 

14 (5) provide a notional time-phased plan, includ15 ing milestones, to enable the Department to provide 

16 support or assistance to the Agency to increase 

17 awareness of threats and vulnerabilities affecting do18 mestic critical infrastructure networks. 

19 (c) CRITICAL INFRASTRUCTURE DEFINED.—In this 

20 section, the term ‘‘critical infrastructure’’ has the meaning 

21 given such term in subsection (e) of the Critical Infra22 structures Protection Act of 2001 (42 U.S.C. 5195c(e)). 


Pbinns on DSKJLVW7X2PROD with BILLS
819 

•S 2792 RS

1 SEC. 1615. DEADLINE FOR REPORTS ON ASSESSMENT OF 

2 CYBER RESILIENCY OF NUCLEAR COMMAND 

3 AND CONTROL SYSTEM. 

4 Section 499(c) of title 10, United States Code, is 

5 amended— 

6 (1) in paragraph (1), in the matter before sub7 paragraph (A)— 

8 (A) by striking ‘‘The Commanders’’ and 

9 inserting ‘‘For each assessment conducted 

10 under subsection (a), the Commanders’’; and 

11 (B) by striking ‘‘the assessment required 

12 by subsection (a)’’ and inserting ‘‘the assess13 ment’’; 

14 (2) in paragraph (2), by striking ‘‘the report’’ 

15 and inserting ‘‘each report’’; 

16 (3) in paragraph (3)— 

17 (A) by striking ‘‘The Secretary’’ and in18 serting ‘‘Not later than 90 days after the date 

19 of the submittal of a report under paragraph 

20 (1), the Secretary’’; and 

21 (B) by striking ‘‘required by paragraph 

22 (1)’’; and 

23 (4) in the subsection heading by striking ‘‘RE24 PORT’’ and inserting ‘‘REPORTS’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
820 

•S 2792 RS

1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS 

4 SEC. 2001. SHORT TITLE. 

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2022’’. 

7 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

8 AMOUNTS REQUIRED TO BE SPECIFIED BY 

9 LAW. 

10 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

11 YEARS.—Except as provided in subsection (b), all author12 izations contained in titles XXI through XXVII for mili13 tary construction projects, land acquisition, family housing 

14 projects and facilities, and contributions to the North At15 lantic Treaty Organization Security Investment Program 

16 (and authorizations of appropriations therefor) shall ex17 pire on the later of— 

18 (1) October 1, 2024; or 

19 (2) the date of the enactment of an Act author20 izing funds for military construction for fiscal year 

21 2025. 

22 (b) EXCEPTION.—Subsection (a) shall not apply to 

23 authorizations for military construction projects, land ac24 quisition, family housing projects and facilities, and con25 tributions to the North Atlantic Treaty Organization SeVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
821 

•S 2792 RS

1 curity Investment Program (and authorizations of appro2 priations therefor), for which appropriated funds have 

3 been obligated before the later of— 

4 (1) October 1, 2024; or 

5 (2) the date of the enactment of an Act author6 izing funds for fiscal year 2025 for military con7 struction projects, land acquisition, family housing 

8 projects and facilities, or contributions to the North 

9 Atlantic Treaty Organization Security Investment 

10 Program. 

11 SEC. 2003. EFFECTIVE DATE. 

12 Titles XXI through XXVII shall take effect on the 

13 later of— 

14 (1) October 1, 2021; or 

15 (2) the date of the enactment of this Act. 

16 TITLE XXI—ARMY MILITARY 

17 CONSTRUCTION 

18 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

19 ACQUISITION PROJECTS. 

20 (a) INSIDE THE UNITED STATES.—Using amounts 

21 appropriated pursuant to the authorization of appropria22 tions in section 2103(a) and available for military con23 struction projects inside the United States as specified in 

24 the funding table in section 4601, the Secretary of the 

25 Army may acquire real property and carry out military 


Pbinns on DSKJLVW7X2PROD with BILLS
822 

•S 2792 RS

1 construction projects for the installations or locations in2 side the United States, and in the amounts, set forth in 

3 the following table: 

Army: Inside the United States 

State Installation Amount 

Alabama ................... Fort Rucker ................................................. $66,000,000 

Redstone Arsenal ......................................... $55,000,000 

California ................. Fort Irwin .................................................... $52,000,000 

Georgia .................... Fort Stewart ................................................ $100,000,000 

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 ................. Camp Minden ............................................... $13,800,000 

Fort Polk ...................................................... $111,000,000 

Maryland .................. Fort Meade .................................................. $81,000,000 

New York ................. Fort Hamilton .............................................. $26,000,000 

Watervliet Arsenal ........................................ $20,000,000 

Pennsylvania ............ Letterkenny Army Depot ............................. $21,000,000 

Texas ....................... Fort Bliss ..................................................... $20,000,000 

Fort Hood .................................................... $130,000,000 

4 (b) OUTSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2103(a) and available for military con7 struction projects outside the United States as specified 

8 in the funding table in section 4601, the Secretary of the 

9 Army may acquire real property and carry out military 

10 construction projects for the installations or locations out11 side the United States, and in the amounts, set forth in 

12 the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Belgium ................... SHAPE Headquarters ................................. $16,000,000 

Germany .................. East Camp Grafenwoehr .............................. $103,000,000 

Smith Barracks ............................................ $33,500,000 

Worldwide Classified Classified Location ....................................... $31,000,000 


Pbinns on DSKJLVW7X2PROD with BILLS
823 

•S 2792 RS

1 SEC. 2102. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2103(a) and available for military 

5 family housing functions as specified in the funding table 

6 in section 4601, the Secretary of the Army may construct 

7 or acquire family housing units (including land acquisition 

8 and supporting facilities) at the installation or location, 

9 in the number of units, and in the amounts set forth in 

10 the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Italy .............. Vicenza ................................... Family Housing 

New Construction ................. $92,304,000 

11 (b) PLANNING AND DESIGN.—Using amounts appro12 priated pursuant to the authorization of appropriations in 

13 section 2103(a) and available for military family housing 

14 functions as specified in the funding table in section 4601, 

15 the Secretary of the Army may carry out architectural and 

16 engineering services and construction design activities 

17 with respect to the construction or improvement of family 

18 housing units in an amount not to exceed $7,545,000. 

19 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

21 are hereby authorized to be appropriated for fiscal years 

22 beginning after September 30, 2021, for military conVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
824 

•S 2792 RS

1 struction, land acquisition, and military family housing 

2 functions of the Department of the Army as specified in 

3 the funding table in section 4601. 

4 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

5 PROJECTS.—Notwithstanding the cost variations author6 ized by section 2853 of title 10, United States Code, and 

7 any other cost variation authorized by law, the total cost 

8 of all projects carried out under section 2101 of this Act 

9 may not exceed the total amount authorized to be appro10 priated under subsection (a), as specified in the funding 

11 table in section 4601. 

12 SEC. 2104. EXTENSION OF AUTHORIZATION OF FISCAL 

13 YEAR 2017 PROJECT AT WIESBADEN ARMY 

14 AIRFIELD. 

15 (a) EXTENSION.—Notwithstanding section 2002 of 

16 the National Defense Authorization Act for Fiscal Year 

17 2017 (Public Law 114–328; 130 Stat. 2688), the author18 ization set forth in the table in subsection (b), as provided 

19 in section 2101(b) of that Act (130 Stat. 2689), shall re20 main in effect until October 1, 2023, or the date of the 

21 enactment of an Act authorizing funds for military con22 struction for fiscal year 2024, whichever is later. 

23 (b) TABLE.—The table referred to in subsection (a) 

24 is as follows: 


Pbinns on DSKJLVW7X2PROD with BILLS
825 

•S 2792 RS

Army: Extension of 2017 Project Authorization 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Germany ......... Wiesbaden Army Airfield .......................... Hazardous Material 

Storage Building $2,700,000 

1 SEC. 2105. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL 

2 YEAR 2018 PROJECT AT FORT BLISS, TEXAS. 

3 (a) PROJECT AUTHORIZATION.—The Secretary of 

4 the Army may carry out a military construction project 

5 to construct a defense access road at Fort Bliss, Texas, 

6 in the amount of $20,000,000. 

7 (b) USE OF AMOUNTS.—The Secretary may use 

8 funds appropriated under section 131 of the Military Con9 struction, Veterans Affairs, and Related Agencies Appro10 priations Act, 2018 (title I of division J of Public Law 

11 115–141; 132 Stat. 805) for the Defense Access Road 

12 Program to carry out subsection (a). 

13 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

14 FISCAL YEAR 2021 PROJECT AT FORT WAIN15 WRIGHT, ALASKA. 

16 (a) MODIFICATION OF PROJECT AUTHORITY.—In the 

17 case of the authorization contained in the table in section 

18 2101(a) of the William M. (Mac) Thornberry National De19 fense Authorization Act for Fiscal Year 2021 (Public Law 

20 116–283) for Fort Wainwright, Alaska, for construction 

21 of unaccompanied enlisted personnel housing, as specified 


Pbinns on DSKJLVW7X2PROD with BILLS
826 

•S 2792 RS

1 in the funding table in section 4601 of such Act, the Sec2 retary of the Army may construct an unaccompanied en3 listed personnel housing building of 104,300 square feet 

4 to incorporate a modified standard design, and also may 

5 construct an outdoor recreational shelter, sports fields and 

6 courts, barbecue and leisure area, and fitness stations as7 sociated with the unaccompanied enlisted personnel hous8 ing. 

9 (b) MODIFICATION OF PROJECT AMOUNTS.— 

10 (1) DIVISION B TABLE.—The authorization 

11 table in section 2101(a) of the William M. (Mac) 

12 Thornberry National Defense Authorization Act for 

13 Fiscal Year 2021 (Public Law 116–283) is amend14 ed, in the item relating to Fort Wainwright, Alaska, 

15 by striking ‘‘$114,000,000’’ in the Amount column 

16 and inserting ‘‘$146,000,000’’ to reflect the project 

17 modification made by subsection (a). 

18 (2) DIVISION D TABLE.—The funding table in 

19 section 4601 of the William M. (Mac) Thornberry 

20 National Defense Authorization Act for Fiscal Year 

21 2021 (Public Law 116–283) is amended, in the item 

22 relating to Fort Wainwright, Alaska, Unaccom23 panied Enlisted Personnel Housing, by striking 

24 ‘‘$59,000’’ in the Conference Authorized column and 


Pbinns on DSKJLVW7X2PROD with BILLS
827 

•S 2792 RS

1 inserting ‘‘$91,000’’ to reflect the project modifica2 tion made by subsection (a). 

3 SEC. 2107. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL 

4 YEAR 2022 PROJECT AT ABERDEEN PROVING 

5 GROUND, MARYLAND. 

6 (a) PROJECT AUTHORIZATION.—The Secretary of 

7 the Army may carry out a military construction project 

8 to construct a 6,000 square foot recycling center to meet 

9 the requirements of a qualified recycling program at Aber10 deen Proving Ground, Maryland, in the amount of 

11 $3,600,000. 

12 (b) USE OF LEASE PAYMENT FUNDS.—The Sec13 retary may use funds generated pursuant to section 2667 

14 of title 10, United States Code, in addition to funds appro15 priated for unspecified minor military construction, for the 

16 project specified in subsection (a). 

17 TITLE XXII—NAVY MILITARY 

18 CONSTRUCTION 

19 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

20 ACQUISITION PROJECTS. 

21 (a) INSIDE THE UNITED STATES.—Using amounts 

22 appropriated pursuant to the authorization of appropria23 tions in section 2204(a) and available for military con24 struction projects inside the United States as specified in 

25 the funding table in section 4601, the Secretary of the 


Pbinns on DSKJLVW7X2PROD with BILLS
828 

•S 2792 RS

1 Navy may acquire real property and carry out military 

2 construction projects for the installations or locations in3 side the United States, and in the amounts, set forth in 

4 the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ................... Marine Corps Air Station Yuma ................... $128,900,000 

California ................ Marine Corps Air Ground Combat Center ... $45,000,000 

Marine Corps Air Station Miramar .............. $240,900,000 

Marine Corps Base Camp Pendleton ............ $191,300,000 

Naval Base Ventura County ......................... $197,500,000 

Naval Base Coronado .................................... $63,600,000 

Marine Corps Reserve Depot San Diego ...... $93,700,000 

San Nicolas Island ........................................ $19,907,000 

Florida .................... Marine Corps Support Facility Blount Island ............................................................ $69,400,000 

Hawaii .................... Marine Corps Base Kaneohe Bay ................. $165,700,000 

Maine ...................... Portsmouth Naval Shipyard ......................... $225,000,000 

North Carolina ....... Marine Corps Air Station Cherry Point ....... $340,117,000 

Marine Corps Base Camp Lejeune ............... $64,200,000 

South Carolina ........ Marine Corps Air Station Beaufort .............. $127,600,000 

Virginia ................... Naval Station Norfolk ................................... $344,793,000 

Naval Station Yorktown ................................ $93,500,000 

Portsmouth Naval Shipyard ......................... $156,380,000 

Marine Corps Base Quantico ........................ $42,850,000 

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2204(a) and available for military con8 struction projects outside the United States as specified 

9 in the funding table in section 4601, the Secretary of the 

10 Navy may acquire real property and carry out military 

11 construction projects for the installations or locations out12 side the United States, and in the amounts, set forth in 

13 the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

El Salvador ................ Cooperative Security Location Comalapa .... $28,000,000 

Guam ......................... Andersen Air Force Base ............................. $50,890,000 

Joint Region Marianas ................................. $507,527,000 

Japan ......................... Fleet Activities Yokosuka ............................ $49,900,000 


Pbinns on DSKJLVW7X2PROD with BILLS
829 

•S 2792 RS

Navy: Outside the United States—Continued 

Country Installation or Location Amount 

Spain .......................... Naval Station Rota ...................................... $85,600,000 

1 SEC. 2202. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2204(a) and available 

4 for military family housing functions as specified in the 

5 funding table in section 4601, the Secretary of the Navy 

6 may carry out architectural and engineering services and 

7 construction design activities with respect to the construc8 tion or improvement of family housing units in an amount 

9 not to exceed $5,732,000. 

10 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States 

13 Code, and using amounts appropriated pursuant to the 

14 authorization of appropriations in section 2204(a) and 

15 available for military family housing functions as specified 

16 in the funding table in section 4601, the Secretary of the 

17 Navy may improve existing military family housing units 

18 in an amount not to exceed $71,884,000. 

19 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

21 are hereby authorized to be appropriated for fiscal years 

22 beginning after September 30, 2021, for military con23 struction, land acquisition, and military family housing 


Pbinns on DSKJLVW7X2PROD with BILLS
830 

•S 2792 RS

1 functions of the Department of the Navy, as specified in 

2 the funding table in section 4601. 

3 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and 

6 any other cost variation authorized by law, the total cost 

7 of all projects carried out under section 2201 of this Act 

8 may not exceed the total amount authorized to be appro9 priated under subsection (a), as specified in the funding 

10 table in section 4601. 

11 TITLE XXIII—AIR FORCE 

12 MILITARY CONSTRUCTION 

13 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

14 LAND ACQUISITION PROJECTS. 

15 (a) INSIDE THE UNITED STATES.—Using amounts 

16 appropriated pursuant to the authorization of appropria17 tions in section 2304(a) and available for military con18 struction projects inside the United States as specified in 

19 the funding table in section 4601, the Secretary of the 

20 Air Force may acquire real property and carry out mili21 tary construction projects for the installations or locations 

22 inside the United States, and in the amounts, set forth 

23 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 


Pbinns on DSKJLVW7X2PROD with BILLS
831 

•S 2792 RS

Air Force: Inside the United States—Continued 

State Installation or Location Amount 

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 

District of Columbia ........... Joint Base Anacostia Bolling ....... $24,000,000 

Florida ................................ Eglin Air Force Base .................... $14,000,000 

Georgia ............................... Moody Air Force Base .................. $12,500,000 

Louisiana ............................ Barksdale Air Force Base ............ $272,000,000 

Maryland ............................. Joint Base Andrews ...................... $26,000,000 

Massachusetts ..................... Hanscom Air Force Base .............. $66,000,000 

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–Lackland $29,000,000 

Join Base San Antonio–Fort Sam 

Houston.

$29,000,000 

Sheppard Air Force Base ............. $20,000,000 

Virginia ............................... Joint Base Langley Eustis ........... $24,000,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a) and available for military con4 struction projects outside the United States as specified 

5 in the funding table in section 4601, the Secretary of the 

6 Air Force may acquire real property and carry out mili7 tary construction projects for the installations or locations 

8 outside the United States, and in the amounts, set forth 

9 in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Australia ............................. Royal Australian Air Force Base 

Darwin.

$7,400,000 

Royal Australian Air Force Base 

Tindal ........................................ $14,400,000 

Guam .................................. Joint Region Marianas .................. $85,000,000 

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 ........ $104,000,000 


Pbinns on DSKJLVW7X2PROD with BILLS
832 

•S 2792 RS

1 SEC. 2302. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2304(a) and available 

4 for military family housing functions as specified in the 

5 funding table in section 4601, the Secretary of the Air 

6 Force may carry out architectural and engineering serv7 ices and construction design activities with respect to the 

8 construction or improvement of family housing units in an 

9 amount not to exceed $10,458,000. 

10 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States 

13 Code, and using amounts appropriated pursuant to the 

14 authorization of appropriations in section 2304(a) and 

15 available for military family housing functions as specified 

16 in the funding table in section 4601, the Secretary of the 

17 Air Force may improve existing military family housing 

18 units in an amount not to exceed $105,258,000. 

19 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

20 FORCE. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

22 are hereby authorized to be appropriated for fiscal years 

23 beginning after September 30, 2021, for military con24 struction, land acquisition, and military family housing 

25 functions of the Department of the Air Force, as specified 

26 in the funding table in section 4601. 


Pbinns on DSKJLVW7X2PROD with BILLS
833 

•S 2792 RS

1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and 

4 any other cost variation authorized by law, the total cost 

5 of all projects carried out under section 2301 of this Act 

6 may not exceed the total amount authorized to be appro7 priated under subsection (a), as specified in the funding 

8 table in section 4601. 

9 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

10 FISCAL YEAR 2017 PROJECTS. 

11 (a) EXTENSION.—Notwithstanding section 2002 of 

12 the Military Construction Authorization Act for Fiscal 

13 Year 2017 (division B of Public Law 114–328; 130 Stat. 

14 2688), the authorizations set forth in the table in sub15 section (b), as provided in section 2301 of that Act (130 

16 Stat. 2696), shall remain in effect until October 1, 2023, 

17 or the date of the enactment of an Act authorizing funds 

18 for military construction for fiscal year 2024, whichever 

19 is later. 

20 (b) TABLE.—The table referred to in subsection (a) 

21 is as follows: 

Air Force: Extension of 2017 Project Authorizations 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Germany ......... Ramstein Air Base ...... 37 AS Squadron Operations/Aircraft 

Maintenance Unit $13,437,000 


Pbinns on DSKJLVW7X2PROD with BILLS
834 

•S 2792 RS

Air Force: Extension of 2017 Project Authorizations—Continued 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Guam .............. Joint Region Marianas APR–Munitions 

Storage Igloos, Ph 

2 .......................... $35,300,000 

Joint Region Marianas APR–SATCOM C4I 

Facility ................ $14,200,000 

Japan ............. Kadena Air Base ......... APR–Replace Munitions Structures ... $19,815,000 

Yokota Air Base .......... C–130J Corrosion 

Control Hangar ... $23,777,000 

Yokota Air Base .......... Construct Combat 

Arms Training 

and Maintenance 

Facility ................ $8,243,000 

United Kingdom ............. Royal Air Force 

Croughton ................ Main Gate Complex $16,500,000 

1 SEC. 2306. EXTENSION OF AUTHORIZATIONS OF FISCAL 

2 YEAR 2017 PROJECTS AT SPANGDAHLEM AIR 

3 BASE, GERMANY. 

4 (a) EXTENSION.—Notwithstanding section 2002 of 

5 the Military Construction Authorization Act for Fiscal 

6 Year 2017 (division B of Public Law 114–328; 130 Stat. 

7 2688), the authorizations set forth in the table in sub8 section (b), as provided in section 2902 of that Act (130 

9 Stat. 2743), shall remain in effect until October 1, 2023, 

10 or the date of the enactment of an Act authorizing funds 

11 for military construction for fiscal year 2024, whichever 

12 is later. 

13 (b) TABLE.—The table referred to in subsection (a) 

14 is as follows: 


Pbinns on DSKJLVW7X2PROD with BILLS
835 

•S 2792 RS

Air Force: Extension of 2017 Project Authorizations 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Germany ......... Spangdahlem Air Base F/A–22 Low Observable/Composite 

Repair Fac .......... $12,000,000 

Spangdahlem Air Base Upgrade Hardened 

Aircraft Shelters 

for F/A–22 .......... $2,700,000 

1 SEC. 2307. EXTENSION OF AUTHORIZATION OF FISCAL 

2 YEAR 2017 PROJECT AT HANSCOM AIR FORCE 

3 BASE, MASSACHUSETTS. 

4 (a) EXTENSION.—Notwithstanding section 2002 of 

5 the Military Construction Authorization Act for Fiscal 

6 Year 2017 (division B of Public Law 114–328; 130 Stat. 

7 2688), the authorization set forth in the table in sub8 section (b), as provided in section 2301 of that Act (130 

9 Stat. 2696), shall remain in effect until October 1, 2022, 

10 or the date of the enactment of an Act authorizing funds 

11 for military construction for fiscal year 2023, whichever 

12 is later. 

13 (b) TABLE.—The table referred to in subsection (a) 

14 is as follows: 

Air Force: Extension of 2017 Project Authorization 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Massachusetts Hanscom Air Force 

Base ......................... Construct Vandenberg Gate Complex ...................... $10,965,000 


Pbinns on DSKJLVW7X2PROD with BILLS
836 

•S 2792 RS

1 SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 FISCAL YEAR 2018 PROJECT AT TYNDALL AIR 

3 FORCE BASE, FLORIDA. 

4 In the case of the authorization contained in section 

5 2301(a) of the Military Construction Authorization Act 

6 for Fiscal Year 2018 (Division B of Public Law 115–91; 

7 131 Stat. 1825) for Tyndall Air Force Base, Florida, for 

8 construction of a fire station, as specified in the funding 

9 table in section 4601 of that Act (131 Stat. 2002), the 

10 Secretary of the Air Force may construct up to 3,588 

11 square meters of crash rescue or structural fire station. 

12 SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT 

13 FISCAL YEAR 2020 PROJECTS AT TYNDALL 

14 AIR FORCE BASE, FLORIDA. 

15 In the case of the authorization contained in section 

16 2912(a) of the Military Construction Authorization Act 

17 for Fiscal Year 2020 (Division B of Public Law 116–92; 

18 133 Stat. 1913) for Tyndall Air Force Base, Florida— 

19 (1) for construction of Site Development, Utili20 ties, and Demo Phase 1, as specified in the Natural 

21 Disaster Recovery Justification Book dated August 

22 2019, the Secretary of the Air Force may con23 struct— 

24 (A) up to 3,698 lineal meters of waste 

25 water; 


Pbinns on DSKJLVW7X2PROD with BILLS
837 

•S 2792 RS

1 (B) up to 6,306 lineal meters of storm 

2 water; and 

3 (C) two emergency power backup genera4 tors; 

5 (2) for construction of Munitions Storage Fa6 cilities, as specified in the Natural Disaster Recovery 

7 Justification Book dated August 2019, the Secretary 

8 of the Air Force may construct— 

9 (A) up to 4,393 square meters of aircraft 

10 support equipment storage yard; 

11 (B) up to 1,535 square meters of tactical 

12 missile maintenance facility; and 

13 (C) up to 560 square meters of missile 

14 warhead assembly and maintenance shop and 

15 storage; 

16 (3) for construction of 325th Fighting Wing 

17 HQ Facility, as specified in the funding table in sec18 tion 4603 of that Act (133 Stat. 2103), the Sec19 retary of the Air Force may construct up to 769 

20 square meters of separate administrative space for 

21 sexual assault prevention and response and sexual 

22 response coordinators; 

23 (4) for construction of Deployment Center/ 

24 Flight Line Dining/AAFES, as specified in such 

25 funding table, the Secretary of the Air Force may 


Pbinns on DSKJLVW7X2PROD with BILLS
838 

•S 2792 RS

1 construct up to 144 square meters of Army and Air 

2 Force Exchange Service shoppette; 

3 (5) for construction of Flightline—Muns Stor4 age, 7000 Area, as specified in such funding table, 

5 the Secretary of the Air Force may construct— 

6 (A) up to 1,861 square meters of above 

7 ground magazines; and 

8 (B) up to 530 square meters of air support 

9 equipment shop or storage facility pad; 

10 (6) for construction of Site Development, Utili11 ties, and Demo Phase 2, as specified in such funding 

12 table, the Secretary of the Air Force may con13 struct— 

14 (A) up to 5,233 lineal meters of storm 

15 water; 

16 (B) up to 48,560 square meters of roads; 

17 (C) up to 3,612 lineal meters of gas pipe18 line; and 

19 (D) up to 993 square meters of water fire 

20 pumping station with an emergency backup 

21 generator; 

22 (7) for construction of Tyndall AFB Gate Com23 plexes, as specified in such funding table, the Sec24 retary of the Air Force may construct— 


Pbinns on DSKJLVW7X2PROD with BILLS
839 

•S 2792 RS

1 (A) up to 52,694 square meters of road2 way with serpentines; and 

3 (B) up to 20 active or passive barriers; 

4 (8) for construction of Airfield Drainage, as 

5 specified in such funding table, the Secretary of the 

6 Air Force may construct— 

7 (A) up to 18,931 meters of storm drain 

8 piping; 

9 (B) up to 19,131 meters of box culvert; 

10 (C) up to 3,704 meters of concrete block 

11 swale; 

12 (D) up to 555 storm drain structures; and 

13 (E) up to 81,500 square meters of storm 

14 drain ponds; 

15 (9) for construction of 53 WEG Complex, as 

16 specified in the Natural Disaster Recovery Justifica17 tion Book dated August 2019, the Secretary of the 

18 Air Force may construct— 

19 (A) up to 1,693 square meters of aircraft 

20 maintenance shop; 

21 (B) up to 1,458 square meters of fuel sys22 tems maintenance dock; and 

23 (C) up to 3,471 square meters of group 

24 headquarters; 


Pbinns on DSKJLVW7X2PROD with BILLS
840 

•S 2792 RS

1 (10) for construction of 53 WEG Subscale 

2 Drone Facility, as specified in the Natural Disaster 

3 Recovery Justification Book dated August 2019, the 

4 Secretary of the Air Force may construct up to 511 

5 square meters of pilotless aircraft shop in a separate 

6 facility; 

7 (11) for construction of CE/Contracting/ 

8 USACE Complex, as specified in the Natural Dis9 aster Recovery Justification Book dated August 

10 2019, the Secretary of the Air Force may con11 struct— 

12 (A) up to 557 square meters of base engi13 neer storage shed 6000 area; and 

14 (B) up to 183 square meters of non-Air 

15 Force administrative office; 

16 (12) for construction of Logistics Readiness 

17 Squadron Complex, as specified in the Natural Dis18 aster Recovery Justification Book dated August 

19 2019, the Secretary of the Air Force may con20 struct— 

21 (A) up to 802 square meters of supply ad22 ministrative headquarters; 

23 (B) up to 528 square meters of vehicle 

24 wash rack; and 


Pbinns on DSKJLVW7X2PROD with BILLS
841 

•S 2792 RS

1 (C) up to 528 square meters of vehicle 

2 service rack; 

3 (13) for construction of Fire Station Silver 

4 Flag #4, as specified in the Natural Disaster Recov5 ery Justification Book dated August 2019, the Sec6 retary of the Air Force may construct up to 651 

7 square meters of fire station; and 

8 (14) for construction of AFCEC RDT&E, as 

9 specified in the Natural Disaster Recovery Justifica10 tion Book dated August 2019, the Secretary of the 

11 Air Force may construct 545 square meters of CE 

12 Mat Test Runway Support Building, 1,593 square 

13 meters of Robotics Range Control Support Building, 

14 and 953 square meters of fire garage. 

15 TITLE XXIV—DEFENSE AGEN16 CIES MILITARY CONSTRUC17 TION 

18 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC19 TION AND LAND ACQUISITION PROJECTS. 

20 (a) INSIDE THE UNITED STATES.—Using amounts 

21 appropriated pursuant to the authorization of appropria22 tions in section 2403(a) and available for military con23 struction projects inside the United States as specified in 

24 the funding table in section 4601, the Secretary of De25 fense may acquire real property and carry out military 


Pbinns on DSKJLVW7X2PROD with BILLS
842 

•S 2792 RS

1 construction projects for the installations or locations in2 side the United States, and in the amounts, set forth in 

3 the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alabama ................. Redstone Arsenal ..................................... $153,000,000 

California ............... Camp Pendleton ....................................... $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 

4 (b) OUTSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2403(a) and available for military con7 struction projects outside the United States as specified 

8 in the funding table in section 4601, the Secretary of De9 fense may acquire real property and carry out military 

10 construction projects for the installations or locations out11 side the United States, and in the amounts, set forth in 

12 the following table: 

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 Kingdom Royal Air Force Lakenheath ......................... $19,283,000 


Pbinns on DSKJLVW7X2PROD with BILLS
843 

•S 2792 RS

1 SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CON2 SERVATION INVESTMENT PROGRAM 

3 PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2403(a) and available for energy conserva7 tion projects as specified in the funding table in section 

8 4601, the Secretary of Defense may carry out energy con9 servation projects under chapter 173 of title 10, United 

10 States Code, for the installations or locations inside the 

11 United States, and in the amounts, set forth in the fol12 lowing 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 Columbia ............. 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 

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 ..................................................... $25,300,000 

North Carolina ... Fort Bragg .................................................... $27,169,000 

Ohio .................... Springfield-Beckley Municipal Airport .......... $4,700,000 

North Dakota ..... Cavalier Air Force Station ............................ $24,150,000 

Puerto Rico ........ Aguadilla ....................................................... $10,120,000 

Fort Allen ...................................................... $12,190,000 

Tennessee ........... Memphis International Airport ..................... $4,780,000 

Virginia ............... Fort Belvoir, NGA Campus East .................. $365,000 

National Geospatial-Intelligence Agency 

Campus East ............................................. $5,299,000 

Pentagon, Mark Center, and Raven Rock 

Mountain Complex ..................................... $2,600,000 

13 (b) OUTSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropriaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00843 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
844 

•S 2792 RS

1 tions in section 2403(a) and available for energy conserva2 tion projects as specified in the funding table in section 

3 4601, the Secretary of Defense may carry out energy con4 servation projects under chapter 173 of title 10, United 

5 States Code, for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

ERCIP Projects: Outside the United States 

Country Installation or Location Amount 

Guam .................. Polaris Point, Naval Base Guam .................. $38,300,000 

Japan .................. Naval Air Facility Atsugi .............................. $3,810,000 

Kuwait ............... Camp Arifjan ................................................. $15,000,000 

8 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE9 FENSE AGENCIES. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

11 are hereby authorized to be appropriated for fiscal years 

12 beginning after September 30, 2021, for military con13 struction, land acquisition, and military family housing 

14 functions of the Department of Defense (other than the 

15 military departments), as specified in the funding table 

16 in section 4601. 

17 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

18 PROJECTS.—Notwithstanding the cost variations author19 ized by section 2853 of title 10, United States Code, and 

20 any other cost variation authorized by law, the total cost 

21 of all projects carried out under section 2401 of this Act 

22 may not exceed the total amount authorized to be approVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
845 

•S 2792 RS

1 priated under subsection (a), as specified in the funding 

2 table in section 4601. 

3 SEC. 2404. EXTENSION OF AUTHORIZATION OF FISCAL 

4 YEAR 2017 PROJECT AT YOKOTA AIR BASE, 

5 JAPAN. 

6 (a) EXTENSION.—Notwithstanding section 2002 of 

7 the Military Construction Authorization Act for Fiscal 

8 Year 2017 (division B of Public Law 114–328; 130 Stat. 

9 2688), the authorization set forth in the table in sub10 section (b), as provided in section 2401(b) of that Act 

11 (130 Stat. 2700), shall remain in effect until October 1, 

12 2023, or the date of the enactment of an Act authorizing 

13 funds for military construction for fiscal year 2024, which14 ever is later. 

15 (b) TABLE.—The table referred to in subsection (a) 

16 is as follows: 

Defense Agencies: Extension of 2017 Project Authorization 

Country Installation or 

Location Project 

Original Authorized 

Amount 

Japan ............. Yokota Air Base Hangar/AMU .................... $39,466,000 


Pbinns on DSKJLVW7X2PROD with BILLS
846 

•S 2792 RS

1 TITLE XXV—INTERNATIONAL 

2 PROGRAMS 

3 Subtitle A—North Atlantic Treaty 

4 Organization Security Invest5 ment Program 

6 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

8 The Secretary of Defense may make contributions for 

9 the North Atlantic Treaty Organization Security Invest10 ment Program as provided in section 2806 of title 10, 

11 United States Code, in an amount not to exceed the sum 

12 of the amount authorized to be appropriated for this pur13 pose in section 2502 and the amount collected from the 

14 North Atlantic Treaty Organization as a result of con15 struction previously financed by the United States. 

16 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

17 (a) AUTHORIZATION.—Funds are hereby authorized 

18 to be appropriated for fiscal years beginning after Sep19 tember 30, 2021, for contributions by the Secretary of De20 fense under section 2806 of title 10, United States Code, 

21 for the share of the United States of the cost of projects 

22 for the North Atlantic Treaty Organization Security In23 vestment Program authorized by section 2501 as specified 

24 in the funding table in section 4601. 


Pbinns on DSKJLVW7X2PROD with BILLS
847 

•S 2792 RS

1 (b) AUTHORITY TO RECOGNIZE NATO AUTHORIZA2 TION AMOUNTS AS BUDGETARY RESOURCES FOR

3 PROJECT EXECUTION.—When the United States is des4 ignated as the Host Nation for the purposes of executing 

5 a project under the NATO Security Investment Program 

6 (NSIP), the Department of Defense construction agent 

7 may recognize the NATO project authorization amounts 

8 as budgetary resources to incur obligations for the pur9 poses of executing the NSIP project. 

10 Subtitle B—Host Country In-Kind 

11 Contributions 

12 SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION 

13 PROJECTS. 

14 Pursuant to agreement with the Republic of Korea 

15 for required in-kind contributions, the Secretary of De16 fense may accept military construction projects for the in17 stallations or locations in the Republic of Korea, and in 

18 the amounts, set forth in the following table: 

Republic of Korea Funded Construction Projects 

Component Installation or 

Location Project Amount 

Army .............. Camp Humphreys Unaccompanied Enlisted 

Personnel Housing ........ $52,000,000 

Army .............. Camp Humphreys Type I Aircraft Parking 

Apron and Parallel Taxiway ................................ $48,000,000 

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 


Pbinns on DSKJLVW7X2PROD with BILLS
848 

•S 2792 RS

1 SEC. 2512. REPUBLIC OF POLAND PROVIDED INFRASTRUC2 TURE PROJECTS. 

3 Pursuant to agreement with the Republic of Poland 

4 for required in-kind contributions, the Secretary of De5 fense may accept military construction projects for the in6 stallations or locations in the Republic of Poland, and in 

7 the amounts, set forth in the following table: 

Republic of Poland Provided Infrastructure Projects 

Component Installation or 

Location Project Amount 

Army .............. Poznan ................ Command and Control Facility ............................... $30,000,000 

Army .............. Poznan ................ Information Systems Facility .................................. $7,000,000 

8 SEC. 2513. AUTHORIZATION TO ACCEPT CONTRIBUTIONS 

9 FROM THE REPUBLIC OF KOREA IN THE 

10 FORM OF AN IRREVOCABLE LETTER OF 

11 CREDIT. 

12 In addition to any other authorized form of burden 

13 sharing contribution, the Secretary of Defense may accept 

14 contributions from the Republic of Korea, under authori15 ties available to the Secretary, in the form of an irrev16 ocable letter of credit issued by a financial institution ac17 ceptable to the Treasurer of the United States, for con18 struction of the Black Hat Intelligence Fusion Center, 

19 Camp Humphreys, Republic of Korea, and for other mili20 tary construction projects within the Republic of Korea. 


Pbinns on DSKJLVW7X2PROD with BILLS
849 

•S 2792 RS

1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON4 STRUCTION AND LAND ACQUISITION 

5 PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2606 and available for the National Guard 

9 and Reserve as specified in the funding table in section 

10 4601, the Secretary of the Army may acquire real prop11 erty and carry out military construction projects for the 

12 Army National Guard locations inside the United States, 

13 and in the amounts, set forth in the following table: 

Army National Guard: Inside the United States 

State Location Amount 

Alabama ................... Huntsville Army National Guard ................. $17,000,000 

Connecticut .............. Putnam ......................................................... $17,500,000 

Georgia .................... Fort Benning ............................................... $13,200,000 

Idaho ........................ Jerome .......................................................... $15,000,000 

Illinois ...................... Bloomington ................................................. $15,000,000 

Kansas ..................... Topeka .......................................................... $16,732,000 

Louisiana ................. Lake Charles ................................................ $18,500,000 

Maine ....................... Saco .............................................................. $21,200,000 

Mississippi ............... Camp Shelby ................................................ $15,500,000 

Montana ................... Butte ............................................................ $16,000,000 

Nebraska .................. Mead Training Site ...................................... $11,000,000 

North Dakota .......... Dickinson ..................................................... $15,500,000 

Vermont ................... Bennington ................................................... $16,900,000 

Virginia .................... Troutville ...................................................... $13,000,000 

14 (b) OUTSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in section 2606 and available for the National Guard 

17 and Reserve as specified in the funding table in section 

18 4601, the Secretary of the Army may acquire real propVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00849 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
850 

•S 2792 RS

1 erty and carry out military construction projects for the 

2 installation or location outside the United States, and in 

3 the amount, set forth in the following table: 

Army National Guard: Outside the United States 

Country Installation or Location Amount 

Guam ....................... Barrigada ..................................................... $34,000,000 

4 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

5 AND LAND ACQUISITION PROJECTS. 

6 Using amounts appropriated pursuant to the author7 ization of appropriations in section 2606 and available for 

8 the National Guard and Reserve as specified in the fund9 ing table in section 4601, the Secretary of the Army may 

10 acquire real property and carry out military construction 

11 projects for the Army Reserve locations inside the United 

12 States, and in the amounts, set forth in the following 

13 table: 

Army Reserve 

State Location Amount 

Michigan ........................... Southfield ............................................ $12,000,000 

Ohio .................................. Wright-Patterson Air Force Base ....... $19,000,000 

Wisconsin ......................... Fort McCoy ......................................... $70,600,000 

14 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

15 CORPS RESERVE CONSTRUCTION AND LAND 

16 ACQUISITION PROJECTS. 

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2606 and available for 

19 the National Guard and Reserve as specified in the fundVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00850 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
851 

•S 2792 RS

1 ing table in section 4601, the Secretary of the Navy may 

2 acquire real property and carry out military construction 

3 projects for the Navy Reserve and Marine Corps Reserve 

4 installations or locations inside the United States, and in 

5 the amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Installation or Location Amount 

Michigan ........................... Battle Creek ........................................ $49,090,000 

Minnesota ......................... Minneapolis Air Reserve Station ......... $14,350,000 

6 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC7 TION AND LAND ACQUISITION PROJECTS. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2606 and available for 

10 the National Guard and Reserve as specified in the fund11 ing table in section 4601, the Secretary of the Air Force 

12 may acquire real property and carry out military construc13 tion projects for the Air National Guard locations inside 

14 the United States, and in the amounts, set forth in the 

15 following table: 

Air National Guard 

State 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 County Aiport ........................... $17,500,000 

Idaho ........................ Boise Air Terminal (Gowen Field) .............. $6,500,000 

Illinois ...................... Abraham Lincoln Capital Airport ................ $10,200,000 

Massachusetts .......... Barnes Municipal Airport ............................ $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 


Pbinns on DSKJLVW7X2PROD with BILLS
852 

•S 2792 RS

Air National Guard—Continued 

State Location Amount 

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 

1 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the Air Force Reserve locations inside 

9 the United States, and in the amounts, set forth in the 

10 following table: 

Air Force Reserve 

State Location Amount 

California .......................... Beale Air Force Base .......................... $33,000,000 

Florida .............................. Homestead Air Force Station ............. $14,000,000 

Patrick Space Force Base ................... $18,500,000 

Indiana ............................. Grissom Air Reserve Base ................... $29,000,000 

Minnesota ......................... Minneapolis-St. Paul Air Reserve Station.$14,000,000 

New York ......................... Niagara Falls Air Reserve Station ...... $10,600,000 

Ohio .................................. Youngstown Air Reserve Base ............ $8,700,000 

11 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA12 TIONAL GUARD AND RESERVE. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2021, for the 

15 costs of acquisition, architectural and engineering services, 

16 and construction of facilities for the Guard and Reserve 


Pbinns on DSKJLVW7X2PROD with BILLS
853 

•S 2792 RS

1 Forces, and for contributions therefor, under chapter 

2 1803 of title 10, United States Code (including the cost 

3 of acquisition of land for those facilities), as specified in 

4 the funding table in section 4601. 

5 TITLE XXVII—BASE REALIGN6 MENT AND CLOSURE ACTIVI7 TIES 

8 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

9 BASE REALIGNMENT AND CLOSURE ACTIVI10 TIES FUNDED THROUGH DEPARTMENT OF 

11 DEFENSE BASE CLOSURE ACCOUNT. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal years beginning after September 30, 2021, for base 

14 realignment and closure activities, including real property 

15 acquisition and military construction projects, as author16 ized by the Defense Base Closure and Realignment Act 

17 of 1990 (part A of title XXIX of Public Law 101–510; 

18 10 U.S.C. 2687 note) and funded through the Department 

19 of Defense Base Closure Account established by section 

20 2906 of such Act (as amended by section 2711 of the Mili21 tary Construction Authorization Act for Fiscal Year 2013 

22 (division B of Public Law 112–239; 126 Stat. 2140)), as 

23 specified in the funding table in section 4601. 


Pbinns on DSKJLVW7X2PROD with BILLS
854 

•S 2792 RS

1 SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL 

2 BASE REALIGNMENT AND CLOSURE (BRAC) 

3 ROUND. 

4 Nothing in this Act shall be construed to authorize 

5 an additional Base Realignment and Closure (BRAC) 

6 round. 

7 TITLE XXVIII—MILITARY CON8 STRUCTION AND GENERAL 

9 PROVISIONS 

10 Subtitle A—Military Construction 

11 Program 

12 SEC. 2801. CLARIFICATION OF ESTABLISHMENT OF THE OF13 FICE OF LOCAL DEFENSE COMMUNITY CO14 OPERATION AS A DEPARTMENT OF DEFENSE 

15 FIELD ACTIVITY. 

16 (a) TRANSFER TO CHAPTER 8.—Section 146 of title 

17 10, United States Code, is transferred to subchapter I of 

18 chapter 8 of such title, inserted after section 197, and re19 designated as section 198. 

20 (b) ESTABLISHMENT AS DEPARTMENT OF DEFENSE

21 FIELD ACTIVITY.—Section 198(a) of such title, as trans22 ferred and redesignated by subsection (a), is amended by 

23 striking ‘‘in the Office of the Secretary of Defense’’ and 

24 inserting ‘‘established as a Department of Defense Field 

25 Activity’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
855 

•S 2792 RS

1 (c) APPOINTMENT OF DIRECTOR.—Such section 198 

2 is further amended— 

3 (1) in subsection (b) in the matter preceding 

4 paragraph (1), by striking ‘‘Under Secretary of De5 fense for Acquisition and Sustainment’’ and insert6 ing ‘‘Secretary of Defense’’; and 

7 (2) in subsection (c)(4), by striking ‘‘Under 

8 Secretary of Defense for Acquisition and 

9 Sustainment’’ and inserting ‘‘Secretary’’. 

10 (d) CONFORMING AND CLERICAL AMENDMENTS.— 

11 (1) CONFORMING AMENDMENTS.—Section 905 

12 of the William M. (Mac) Thornberry National De13 fense Authorization Act for Fiscal Year 2021 (Pub14 lic Law 116–283) is amended— 

15 (A) in subsection (b), by striking ‘‘section 

16 146’’ and inserting ‘‘section 198’’; and 

17 (B) in subsection (c), by striking ‘‘section 

18 146’’ and inserting ‘‘section 198’’. 

19 (2) CLERICAL AMENDMENTS.— 

20 (A) CHAPTER 4.—The table of sections at 

21 the beginning of chapter 4 of title 10, United 

22 States Code, is amended by striking the item 

23 relating to section 146. 

24 (B) CHAPTER 8.—The table of sections at 

25 the beginning of subtitle I of chapter 8 of such 


Pbinns on DSKJLVW7X2PROD with BILLS
856 

•S 2792 RS

1 title is amended by inserting after the item re2 lating to section 197 the following new item: 

‘‘198. Office of Local Defense Community Cooperation’’. 

3 SEC. 2802. USE OF AMOUNTS AVAILABLE FOR OPERATION 

4 AND MAINTENANCE IN CARRYING OUT MILI5 TARY CONSTRUCTION PROJECTS FOR EN6 ERGY RESILIENCE, ENERGY SECURITY, OR 

7 ENERGY CONSERVATION. 

8 Section 2914 of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating subsections (c) and (d) as 

11 subsections (d) and (e), respectively; and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection (c): 

14 ‘‘(c) ALTERNATIVE FUNDING SOURCE.—(1) In addi15 tion to the authority under section 2805(c) of this title, 

16 in carrying out a military construction project for energy 

17 resilience, energy security, or energy conservation under 

18 this section, the Secretary concerned may use amounts 

19 available for operation and maintenance for the military 

20 department concerned if the Secretary concerned submits 

21 to the congressional defense committees a notification of 

22 the decision to carry out the project using such amounts 

23 and includes in the notification— 

24 ‘‘(A) the current estimate of the cost of the 

25 project; 


Pbinns on DSKJLVW7X2PROD with BILLS
857 

•S 2792 RS

1 ‘‘(B) the source of funds for the project; and 

2 ‘‘(C) a certification that deferring the project 

3 pending the availability of funds appropriated for or 

4 otherwise made available for military construction 

5 would be inconsistent with the timely assurance of 

6 energy resilience, energy security, or energy con7 servation for one or more critical national security 

8 functions. 

9 ‘‘(2) A project carried out under this section using 

10 amounts under paragraph (1) may be carried out only 

11 after the end of the seven-day period beginning on the date 

12 on which a copy of the notification described in paragraph 

13 (1) is provided in an electronic medium pursuant to sec14 tion 480 of this title. 

15 ‘‘(3) The maximum aggregate amount that the Sec16 retary concerned may obligate from amounts available to 

17 the military department concerned for operation and 

18 maintenance in any fiscal year for projects under the au19 thority of this subsection is $100,000,000.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
858 

•S 2792 RS

1 Subtitle B—Military Family 

2 Housing 

3 SEC. 2811. COMMAND OVERSIGHT OF MILITARY 

4 PRIVATIZED HOUSING AS ELEMENT OF PER5 FORMANCE EVALUATIONS. 

6 (a) EVALUATIONS IN GENERAL.—Each Secretary of 

7 a military department shall ensure that the performance 

8 evaluations of any individual described in subsection (b) 

9 under the jurisdiction of such Secretary provides for an 

10 assessment of the extent to which such individual has or 

11 has not exercised effective oversight and leadership in the 

12 following: 

13 (1) Improving conditions of privatized housing 

14 under subchapter IV of chapter 169 of title 10, 

15 United States Code. 

16 (2) Addressing concerns with respect to such 

17 housing of members of the Armed Forces and their 

18 families who reside in such housing on an installa19 tion of the military department concerned. 

20 (b) COVERED INDIVIDUALS.—The individuals de21 scribed in this subsection are as follows: 

22 (1) The commander of an installation of a mili23 tary department at which on-installation housing is 

24 managed by a landlord of privatized housing under 


Pbinns on DSKJLVW7X2PROD with BILLS
859 

•S 2792 RS

1 subchapter IV of chapter 169 of title 10, United 

2 States Code. 

3 (2) Each officer or senior enlisted member of 

4 the Armed Forces at an installation described in 

5 paragraph (1) whose duties include facilities or 

6 housing management at such installation. 

7 (3) Any other officer or enlisted member of the 

8 Armed Forces (whether or not at an installation de9 scribed in paragraph (1)) as specified by the Sec10 retary of the military department concerned for pur11 poses of this section. 

12 SEC. 2812. CLARIFICATION OF PROHIBITION AGAINST COL13 LECTION FROM TENANTS OF PRIVATIZED 

14 MILITARY HOUSING UNITS OF AMOUNTS IN 

15 ADDITION TO RENT AND APPLICATION OF EX16 ISTING LAW. 

17 (a) CLARIFICATION OF PROHIBITION.— 

18 (1) IN GENERAL.—Section 2891a(e) of title 10, 

19 United States Code, is amended— 

20 (A) by striking ‘‘the any’’ each place it ap21 pears and inserting ‘‘any’’; and 

22 (B) by adding at the end the following new 

23 paragraph: 

24 ‘‘(3) Costs incurred to modify or upgrade a housing 

25 unit to comply with standards under the Americans with 


Pbinns on DSKJLVW7X2PROD with BILLS
860 

•S 2792 RS

1 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 

2 facilitate occupancy of the housing unit by an individual 

3 with a disability (as defined in section 3 of such Act (42 

4 U.S.C. 12102)) may not be considered optional services 

5 under paragraph (2)(A)(i) or another exception to the pro6 hibition in paragraph (1) against collection from tenants 

7 of housing units of amounts in addition to rent.’’. 

8 (2) APPLICATION.—The amendment made by 

9 paragraph (1)(B) shall apply to contracts described 

10 in section 2891a(a) of title 10, United States Code, 

11 entered into on or after the date of the enactment 

12 of this Act. 

13 (b) APPLICATION OF EXISTING LAW.—Section 2891a 

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

15 the end the following new subsection: 

16 ‘‘(f) APPLICATION OF EXISTING LAW.—The Sec17 retary of Defense shall ensure that, in carrying out sub18 sections (c) and (d), the head of each housing manage19 ment office of an installation and each landlord providing 

20 a housing unit, as the case may be, comply with the fol21 lowing: 

22 ‘‘(1) Section 804 of the Fair Housing Act (42 

23 U.S.C. 3604). 

24 ‘‘(2) Section 504 of the Rehabilitation Act of 

25 1973 (29 U.S.C. 794). 


Pbinns on DSKJLVW7X2PROD with BILLS
861 

•S 2792 RS

1 ‘‘(3) Title III of the Americans with Disabilities 

2 Act of 1990 (42 U.S.C. 12181 et seq.).’’. 

3 SEC. 2813. MODIFICATION OF CALCULATION OF MILITARY 

4 HOUSING CONTRACTOR PAY FOR 

5 PRIVATIZED MILITARY HOUSING. 

6 Section 606(a) of the John S. McCain National De7 fense Authorization Act for Fiscal Year 2019 (Public Law 

8 115–232; 10 U.S.C. 2871 note) is amended— 

9 (1) in paragraph (1)(B)— 

10 (A) by striking ‘‘2.5 percent’’ and inserting 

11 ‘‘50 percent’’; and 

12 (B) by striking ‘‘section 403(b)(3)(A)(i)’’ 

13 and inserting ‘‘section 403(b)(3)(A)(ii)’’; and 

14 (2) in paragraph (2)(B)— 

15 (A) by striking ‘‘2.5 percent’’ and inserting 

16 ‘‘50 percent’’; and 

17 (B) by striking ‘‘section 403(b)(3)(A)(i)’’ 

18 and inserting ‘‘section 403(b)(3)(A)(ii)’’. 

19 SEC. 2814. MODIFICATION OF REQUIREMENTS RELATING 

20 TO WINDOW FALL PREVENTION DEVICES AT 

21 MILITARY FAMILY HOUSING. 

22 (a) RETROFITTING OF EXISTING HOUSING UNITS.— 

23 (1) IN GENERAL.—On the date of the enact24 ment of this Act, the Secretary of Defense shall 

25 begin retrofitting windows at existing military family 


Pbinns on DSKJLVW7X2PROD with BILLS
862 

•S 2792 RS

1 housing units acquired or constructed under chapter 

2 169 of title 10, United States Code, with fall preven3 tion devices or replacement of such windows with 

4 windows equipped with such devices pursuant to the 

5 program under subsection (b) of section 2879 of 

6 such title. 

7 (2) REPORT.—Not later than 90 days after the 

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

9 Defense shall submit to Congress a report that sets 

10 forth a plan to complete retrofitting or replacement 

11 of windows as described in subsection (a) by not 

12 later than one year after such date of enactment. 

13 (b) EXCLUSION OF WINDOW OPENING CONTROL DE14 VICES AS APPROVED DEVICES.—Section 2879(a)(3) of 

15 title 10, United States Code, is amended— 

16 (1) by striking ‘‘or guard’’ and inserting ‘‘, 

17 guard, or other passive barrier’’; and 

18 (2) by inserting before the period at the end the 

19 following: ‘‘, excluding a window opening control de20 vice’’. 

21 Subtitle C—Land Conveyances 

22 SEC. 2821. LAND CONVEYANCE, ST. LOUIS, MISSOURI. 

23 (a) CONVEYANCE AUTHORIZED.— 


Pbinns on DSKJLVW7X2PROD with BILLS
863 

•S 2792 RS

1 (1) CONVEYANCE TO LAND CLEARANCE FOR

2 REDEVELOPMENT AUTHORITY OF THE CITY OF ST. 

3 LOUIS.— 

4 (A) IN GENERAL.—The Secretary of the 

5 Air Force (in this section referred to as the 

6 ‘‘Secretary’’) may convey to the Land Clearance 

7 for Redevelopment Authority of the City of St. 

8 Louis (in this section referred to as the ‘‘Au9 thority’’), on behalf of the United States, all 

10 right, title, and interest of the United States in 

11 and to the parcel of land described in para12 graph (2) for purposes of redevelopment by the 

13 Authority. 

14 (B) LIMITATION.—The Secretary may con15 vey only that portion of the parcel of land de16 scribed in paragraph (2) to the Authority that 

17 is declared excess to the Department of De18 fense. 

19 (2) PARCEL OF LAND DESCRIBED.— 

20 (A) IN GENERAL.—The parcel of land de21 scribed in this paragraph is approximately 24 

22 acres of land located at 3200 S. 2nd Street, St. 

23 Louis, Missouri, and includes all improvements 

24 to the land. 


Pbinns on DSKJLVW7X2PROD with BILLS
864 

•S 2792 RS

1 (B) LEGAL DESCRIPTION.—The exact 

2 acreage and legal description of the property to 

3 be conveyed under paragraph (1) shall be deter4 mined by a survey satisfactory to the Secretary 

5 and the Authority. 

6 (b) TERMS OF CONVEYANCE.— 

7 (1) INSTRUMENT AND CONDITIONS.— 

8 (A) IN GENERAL.—The conveyance under 

9 subsection (a)(1) shall be accomplished using a 

10 quitclaim deed or other legal instrument and 

11 upon terms and conditions satisfactory to the 

12 Secretary, including such additional terms and 

13 conditions as the Secretary considers appro14 priate to protect the interests of the United 

15 States. 

16 (B) ENVIRONMENTAL CONDITIONS.—The 

17 conveyance under subsection (a)(1) may include 

18 conditions, restrictions, or covenants related the 

19 environmental condition of the property, which 

20 shall not adversely interfere with the use of ex21 isting structures and the development of the 

22 site for commercial or industrial uses. 

23 (C) HISTORICAL PROPERTY CONDITIONS.— 

24 The conveyance under subsection (a)(1) may in25 clude conditions, restrictions, or covenants to 


Pbinns on DSKJLVW7X2PROD with BILLS
865 

•S 2792 RS

1 ensure preservation of historic property, not2 withstanding the effect such conditions, restric3 tions, or covenants may have on reuse of the 

4 site. 

5 (2) CONDUCT OF REMEDIATION.— 

6 (A) IN GENERAL.—The Secretary shall 

7 conduct all remediation at the parcel of land 

8 conveyed under subsection (a)(1) pursuant to 

9 approved activities under the Comprehensive 

10 Environmental Response, Compensation, and 

11 Liability Act of 1980 (42 U.S.C. 9601 et seq.) 

12 and the Defense Environmental Restoration 

13 Program under section 2701 of title 10, United 

14 States Code. 

15 (B) COMPLETION OF REMEDIATION.—The 

16 Secretary shall complete all remediation at the 

17 parcel of land conveyed under subsection (a)(1) 

18 in accordance with the requirements selected in 

19 the Record of Decision, Scott Air Force Base 

20 Environmental Restoration Program Site 

21 SS018, National Imagery and Mapping Agency, 

22 Second Street, dated August 2019. 

23 (c) COSTS OF CONVEYANCE.— 

24 (1) IN GENERAL.—There is authorized to be 

25 appropriated to the Secretary $2,000,000 for adminVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00865 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
866 

•S 2792 RS

1 istrative expenses incurred by the Secretary to carry 

2 out the conveyance under subsection (a)(1), includ3 ing survey costs and other administrative costs re4 lated to the conveyance. 

5 (2) EXCLUSION.—Administrative expenses 

6 under paragraph (1) do not include any expenditures 

7 authorized under an environmental restoration ac8 count under section 2703(a) of title 10, United 

9 States Code. 

10 (d) COMPLIANCE WITH EXISTING LAW.—The con11 veyance under subsection (a) shall be in compliance with 

12 division A of subtitle III of title 54, United States Code 

13 (formerly known as the ‘‘National Historic Preservation 

14 Act’’). 

15 (e) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to affect or limit the application 

17 of, or any obligation to comply with, the Comprehensive 

18 Environmental Response, Compensation, and Liability Act 

19 of 1980 (42 U.S.C. 9601 et seq.). 

20 SEC. 2822. LAND CONVEYANCE, SAINT JOSEPH, MISSOURI. 

21 (a) CONVEYANCE AUTHORIZED.—At such time as the 

22 Missouri Air National Guard vacates their existing loca23 tion on the southern end of the airfield at Rosecrans Me24 morial Airport in Saint Joseph, Missouri, as determined 

25 by the Secretary of the Air Force (in this section referred 


Pbinns on DSKJLVW7X2PROD with BILLS
867 

•S 2792 RS

1 to as the ‘‘Secretary’’), the Secretary may convey to the 

2 City of Saint Joseph (in this section referred to as the 

3 ‘‘City’’) all right, title, and interest of the United States 

4 in and to a parcel of real property, including any improve5 ments thereon, consisting of approximately 54 acres at the 

6 Rosecrans Air National Guard Base in Saint Joseph, Mis7 souri, for the purpose of removing the property from the 

8 boundaries of the Rosecrans Air National Guard Base and 

9 accommodating the operations and maintenance needs of 

10 the Rosecrans Memorial Airport as well as the develop11 ment of the parcels and buildings for economic purposes. 

12 (b) CONDITION OF CONVEYANCE.—The conveyance 

13 under subsection (a) shall be subject to valid existing 

14 rights and the City shall accept the real property (and any 

15 improvements thereon) in its condition at the time of the 

16 conveyance (commonly known as a conveyance ‘‘as is’’). 

17 (c) CONSIDERATION.— 

18 (1) REQUIREMENT.—As consideration for the 

19 conveyance of the property under subsection (a), the 

20 City shall provide the United States an amount that 

21 is equivalent to the fair market value of the right, 

22 title, and interest conveyed under subsection (a) 

23 based on an appraisal approved by the Secretary. 

24 (2) TYPES OF CONSIDERATION.— 


Pbinns on DSKJLVW7X2PROD with BILLS
868 

•S 2792 RS

1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the consideration required to 

3 be provided under paragraph (1) may be pro4 vided by land exchange, in-kind consideration 

5 described in subparagraph (D), or a combina6 tion thereof. 

7 (B) LESS THAN FAIR MARKET VALUE.—If 

8 the value of the land exchange or in-kind con9 sideration provided under subparagraph (A) is 

10 less than the fair market value of the property 

11 interest to be conveyed under subsection (a), 

12 the City shall pay to the United States an 

13 amount equal to the difference between the fair 

14 market value of the property interest and the 

15 value of the consideration provided under sub16 paragraph (A). 

17 (C) CASH CONSIDERATION.—Any cash 

18 consideration received by the United States 

19 under this subsection shall be deposited in the 

20 special account in the Treasury established 

21 under section 572(b)(5) of title 40, United 

22 States Code, and available in accordance with 

23 the provisions of subparagraph (B)(ii) of such 

24 section. 


Pbinns on DSKJLVW7X2PROD with BILLS
869 

•S 2792 RS

1 (D) IN-KIND CONSIDERATION.—In-kind 

2 consideration described in this subparagraph 

3 may include the construction, provision, im4 provement, alteration, protection, maintenance, 

5 repair, or restoration (including environmental 

6 restoration), or a combination thereof, of any 

7 facilities or infrastructure relating to the needs 

8 of the Missouri Air National Guard at Rose9 crans Air National Guard Base that the Sec10 retary considers appropriate. 

11 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

12 (1) PAYMENT REQUIRED.—The Secretary may 

13 require the City to cover all costs to be incurred by 

14 the Secretary, or to reimburse the Secretary for 

15 costs incurred by the Secretary, to carry out the 

16 conveyance under subsection (a), including survey 

17 costs, costs related to environmental documentation, 

18 and any other administrative costs related to the 

19 conveyance. If amounts paid by the City to the Sec20 retary in advance exceed the costs actually incurred 

21 by the Secretary to carry out the conveyance, the 

22 Secretary shall refund the excess amount to the 

23 City. 

24 (2) TREATMENT OF AMOUNTS RECEIVED.— 

25 Amounts received under paragraph (1) as reimVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
870 

•S 2792 RS

1 bursement for costs incurred by the Secretary to 

2 carry out the conveyance under subsection (a) shall 

3 be credited to the fund or account that was used to 

4 cover the costs incurred by the Secretary in carrying 

5 out the conveyance, or to an appropriate fund or ac6 count currently available to the Secretary for the 

7 purposes for which the costs were paid. Amounts so 

8 credited shall be merged with amounts in such fund 

9 or account and shall be available for the same pur10 poses, and subject to the same conditions and limita11 tions, as amounts in such fund or account. 

12 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

13 and legal description of the property to be conveyed under 

14 subsection (a) shall be determined by a survey satisfactory 

15 to the Secretary. 

16 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions 

18 in connection with the conveyance under subsection (a) as 

19 the Secretary considers appropriate to protect the inter20 ests of the United States. 

21 SEC. 2823. LAND CONVEYANCE, MARINE CORPS AIR STA22 TION, CHERRY POINT, NORTH CAROLINA. 

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

24 the Navy (in this section referred to as the ‘‘Secretary’’) 

25 may convey to the City of Havelock, North Carolina (in 


Pbinns on DSKJLVW7X2PROD with BILLS
871 

•S 2792 RS

1 this section referred to as the ‘‘City’’), all right, title, and 

2 interest of the United States in and to a parcel of real 

3 property, including any improvements thereon, consisting 

4 of approximately 30 acres, known as the former Fort 

5 Macon Housing Area, located within the City limits. 

6 (b) INTERIM LEASE.—Until such time as the real 

7 property described in subsection (a) is conveyed to the 

8 City, the Secretary may lease the property to the City for 

9 20 years. 

10 (c) CONSIDERATION.— 

11 (1) IN GENERAL.—As consideration for the con12 veyance under subsection (a) and interim lease 

13 under subsection (b), the City shall pay to the Sec14 retary an amount that is not less than the fair mar15 ket value of the property conveyed, as determined by 

16 the Secretary, whether by cash payment, in-kind 

17 consideration as described under paragraph (2), or 

18 a combination thereof. 

19 (2) IN-KIND CONSIDERATION.—In-kind consid20 eration provided by the City under this subsection 

21 may include the acquisition, construction, provision, 

22 improvement, maintenance, repair, or restoration 

23 (including environmental restoration), or combina24 tion thereof, of any facilities or infrastructure, or de25 livery of services relating to the needs of Marine 


Pbinns on DSKJLVW7X2PROD with BILLS
872 

•S 2792 RS

1 Corps Air Station Cherry Point, North Carolina, 

2 that the Secretary considers acceptable. 

3 (3) DISPOSITION OF AMOUNTS.— 

4 (A) CONVEYANCE.—Amounts received by 

5 the Secretary in exchange for the fee title of the 

6 real property described in subsection (a) shall 

7 be deposited in the special account in the 

8 Treasury established under section 572(b)(5) of 

9 title 40, United States Code, and shall be avail10 able in accordance with subparagraph (B)(ii) of 

11 such section. 

12 (B) INTERIM LEASE.—Amounts received 

13 by the Secretary for the interim lease of the 

14 real property described in subsection (a) shall 

15 be deposited in the special account in the 

16 Treasury established for the Secretary under 

17 subsection (e) of section 2667 of title 10, 

18 United States Code, and shall be available for 

19 use in accordance with paragraph (1)(D) of 

20 such subsection. 

21 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

22 (1) IN GENERAL.—The Secretary shall require 

23 the City to cover costs (except costs for environ24 mental remediation of the property) to be incurred 

25 by the Secretary, or to reimburse the Secretary for 


Pbinns on DSKJLVW7X2PROD with BILLS
873 

•S 2792 RS

1 such costs incurred by the Secretary, to carry out 

2 the conveyance under subsection (a) and interim 

3 lease under subsection (b), including costs for envi4 ronmental and real estate due diligence and any 

5 other administrative costs related to the conveyance. 

6 (2) REFUND OF EXCESS AMOUNTS.—If 

7 amounts are collected from the City under para8 graph (1) in advance of the Secretary incurring the 

9 actual costs, and the amount collected exceeds the 

10 costs actually incurred by the Secretary to carry out 

11 the conveyance under subsection (a) and interim 

12 lease under subsection (b), the Secretary shall re13 fund the excess amount to the City. 

14 (e) CONDITION OF CONVEYANCE.—Conveyance of 

15 real property shall be subject to all existing easements, 

16 restrictions, and covenants of record and conditioned upon 

17 the following: 

18 (1) Real property shall be used for municipal 

19 park and recreational purposes, which may include 

20 ancillary uses such as vending and restrooms. 

21 (2) The City shall not use Federal funds to 

22 cover any portion of the amounts required by sub23 sections (c) and (d) to be paid by the City. 

24 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

25 and legal description of the property to be conveyed under 


Pbinns on DSKJLVW7X2PROD with BILLS
874 

•S 2792 RS

1 subsection (a) shall be determined by a survey satisfactory 

2 to the Secretary. 

3 (g) EXCLUSION OF REQUIREMENTS FOR PRIOR

4 SCREENING BY GENERAL SERVICES ADMINISTRATION

5 FOR ADDITIONAL FEDERAL USE.—Section 2696(b) of 

6 title 10, United States Code, does not apply to the convey7 ance of real property authorized under subsection (a). 

8 (h) ADDITIONAL TERMS.—The Secretary may re9 quire such additional terms and conditions in connection 

10 with the conveyance under subsection (a) as the Secretary 

11 considers appropriate to protect the interests of the 

12 United States. 

13 SEC. 2824. LAND CONVEYANCE, NAVAL AIR STATION 

14 OCEANA, VIRGINIA BEACH, VIRGINIA. 

15 (a) CONVEYANCE AUTHORIZED.— 

16 (1) IN GENERAL.—The Secretary of the Navy 

17 (in this section referred to as the ‘‘Secretary’’) may 

18 convey to the City of Virginia Beach, Virginia (in 

19 this section referred to as the ‘‘City’’), all right, 

20 title, and interest of the United States in and to a 

21 parcel of real property located at 4200 C Avenue, 

22 Virginia Beach, Virginia, including any improve23 ments thereon, consisting of approximately 8 acres. 

24 (2) AUTHORITY TO VOID LAND USE RESTRIC25 TIONS.—The Secretary may void any land use reVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
875 

•S 2792 RS

1 strictions associated with the property to be con2 veyed under paragraph (1). 

3 (b) CONSIDERATION.— 

4 (1) IN GENERAL.—As consideration for the con5 veyance under subsection (a)(1), the City shall pay 

6 to the Secretary an amount that is not less than the 

7 fair market value of the property conveyed, as deter8 mined by the Secretary, whether by cash payment, 

9 in-kind consideration as described in paragraph (2), 

10 or a combination thereof. 

11 (2) IN-KIND CONSIDERATION.—In-kind consid12 eration provided by the City under this subsection 

13 may include the acquisition, construction, provision, 

14 improvement, maintenance, repair, or restoration 

15 (including environmental restoration), or combina16 tion thereof, of any facilities or infrastructure, or de17 livery of services relating to the needs of Naval Air 

18 Station Oceana, Virginia, that the Secretary con19 siders acceptable. 

20 (3) DISPOSITION OF FUNDS.—Cash received in 

21 exchange for the fee title of the property conveyed 

22 under subsection (a)(1) shall be deposited in the spe23 cial account in the Treasury established under sub24 paragraph (A) of section 572(b)(5) of title 40, 

25 United States Code, and shall be available for use in 


Pbinns on DSKJLVW7X2PROD with BILLS
876 

•S 2792 RS

1 accordance with subparagraph (B)(ii) of such sec2 tion. 

3 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

4 (1) PAYMENT REQUIRED.—The Secretary shall 

5 require the City to cover costs to be incurred by the 

6 Secretary, or to reimburse the Secretary for costs in7 curred by the Secretary, to carry out the conveyance 

8 under subsection (a)(1), including costs related to 

9 environmental and real estate due diligence, and any 

10 other administrative costs related to the conveyance. 

11 (2) REFUND OF EXCESS AMOUNTS.—If 

12 amounts are collected under paragraph (1) in ad13 vance of the Secretary incurring the actual costs, 

14 and the amount collected exceeds the costs actually 

15 incurred by the Secretary to carry out the convey16 ance under subsection (a)(1), the Secretary shall re17 fund the excess amount to the City. 

18 (3) TREATMENT OF AMOUNTS RECEIVED.— 

19 Amounts received as reimbursement under para20 graph (1) shall be credited to the fund or account 

21 that was used to cover the costs incurred by the Sec22 retary in carrying out the conveyance under sub23 section (a)(1). Amounts so credited shall be merged 

24 with amounts in such fund or account and shall be 

25 available for the same purposes, and subject to the 


Pbinns on DSKJLVW7X2PROD with BILLS
877 

•S 2792 RS

1 same conditions and limitations, as amounts in such 

2 fund or account. 

3 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

4 and legal description of the parcel of real property to be 

5 conveyed under subsection (a)(1) shall be determined by 

6 a survey satisfactory to the Secretary. 

7 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

8 Secretary may require such additional terms and condi9 tions in connection with the conveyance under subsection 

10 (a)(1) as the Secretary considers appropriate to protect 

11 the interests of the United States. 

12 Subtitle D—Other Matters 

13 SEC. 2831. CONSIDERATION OF PUBLIC EDUCATION WHEN 

14 MAKING BASING DECISIONS. 

15 (a) IN GENERAL.—Section 2883 of the William M. 

16 (Mac) Thornberry National Defense Authorization Act for 

17 Fiscal Year 2021 (Public Law 116–283) is amended— 

18 (1) by redesignating subsections (e) through (j) 

19 as subsections (f) through (k), respectively; and 

20 (2) by inserting after subsection (d) the fol21 lowing new subsection (e): 

22 ‘‘(e) EDUCATION.—With regard to the military hous23 ing area in which an installation subject to a basing deci24 sion covered by subsection (a) is or will be located, the 

25 Secretary of the military department concerned shall take 


Pbinns on DSKJLVW7X2PROD with BILLS
878 

•S 2792 RS

1 into account the extent to which high-quality public edu2 cation is available and accessible to dependents of mem3 bers of the Armed Forces in the military housing area by 

4 comparing the progress of students served by relevant 

5 local educational agencies in the State in which the instal6 lation and military housing area are located under the 

7 statewide accountability system described in section 1111 

8 of the Elementary and Secondary Education Act of 1965 

9 (20 U.S.C. 6311) as compared to the progress of all stu10 dents in such State under such system.’’. 

11 (b) CONFORMING AMENDMENT.—Subsection (a) of 

12 such section is amended by striking ‘‘subsection (e)’’ and 

13 inserting ‘‘subsection (f)’’. 

14 SEC. 2832. DESIGNATION OF FACILITY AT ROCK ISLAND AR15 SENAL, ILLINOIS. 

16 The Secretary of the Army shall designate a facility 

17 located at Rock Island Arsenal, Illinois, to be named after 

18 Charles Carroll Smith, in recognition of his significant 

19 public service contributions. 

20 SEC. 2833. IMPROVEMENT OF SECURITY OF LODGING AND 

21 LIVING SPACES ON MILITARY INSTALLA22 TIONS. 

23 (a) ASSESSMENT.—Not later than 60 days after the 

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

25 shall conduct an assessment of all on-base dormitories and 


Pbinns on DSKJLVW7X2PROD with BILLS
879 

•S 2792 RS

1 barracks at military installations for purposes of identi2 fying— 

3 (1) locking mechanisms on points of entry into 

4 the main facility, including doors and windows, or 

5 interior doors leading into private sleeping areas 

6 that require replacing or repairing; 

7 (2) areas, such as exterior sidewalks, entry 

8 points, and other public areas where closed-circuit 

9 television security cameras should be installed; and 

10 (3) other passive security measures, such as ad11 ditional lighting, that may be necessary to prevent 

12 crime, including sexual assault. 

13 (b) EMERGENCY REPAIRS.—The Secretary shall 

14 make any necessary repairs of broken locks or other safety 

15 mechanisms discovered during the assessment conducted 

16 under subsection (a) not later than 30 days after discov17 ering the issue. 

18 (c) REPORT.— 

19 (1) IN GENERAL.—Not later than 270 days 

20 after the date of the enactment of this Act, the Sec21 retary shall submit to the congressional defense com22 mittees a report on the results of the assessment 

23 conducted under subsection (a). 

24 (2) ELEMENTS.—The report under paragraph 

25 (1) shall include— 


Pbinns on DSKJLVW7X2PROD with BILLS
880 

•S 2792 RS

1 (A) a cost estimate to make any improve2 ments recommended pursuant to the assess3 ment under subsection (a), disaggregated by 

4 military department and installation; and 

5 (B) an estimated schedule for making such 

6 improvements. 

7 SEC. 2834. EXPANSION OF AUTHORITY OF SECRETARY OF 

8 THE NAVY TO LEASE AND LICENSE NAVY MU9 SEUM FACILITIES TO GENERATE REVENUE 

10 TO SUPPORT MUSEUM ADMINISTRATION AND 

11 OPERATIONS. 

12 (a) INCLUSION OF ALL NAVY MUSEUMS.—Section 

13 2852 of the Military Construction Authorization Act for 

14 Fiscal Year 2006 (division B of Public Law 109–163; 119 

15 Stat. 3530) is amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘the Naval Historical 

18 Foundation any portion of the facilities located 

19 at the Washington Naval Yard, District of Co20 lumbia, that house the United States Navy Mu21 seum’’ and inserting ‘‘a foundation established 

22 to support a Navy museum any portion of the 

23 facilities of that Navy museum’’; 

24 (B) by striking ‘‘the Foundation’’ and in25 serting ‘‘the foundation’’; and 


Pbinns on DSKJLVW7X2PROD with BILLS
881 

•S 2792 RS

1 (C) by striking ‘‘the United States Navy 

2 Museum’’ both places it appears and inserting 

3 ‘‘that Navy museum’’; 

4 (2) in subsection (b), by striking ‘‘the United 

5 States Navy Museum’’ and inserting ‘‘the Navy mu6 seum of which the facility is a part’’; 

7 (3) in subsection (c), by striking ‘‘the Naval 

8 Historical Foundation’’ and inserting ‘‘a foundation 

9 described in subsection (a)’’; and 

10 (4) in subsection (d)— 

11 (A) by striking ‘‘the United States Navy 

12 Museum’’ and inserting ‘‘the applicable Navy 

13 museum’’; and 

14 (B) by striking ‘‘the Museum’’ and insert15 ing ‘‘the museum’’. 

16 (b) CONFORMING CLERICAL AMENDMENT.—The sec17 tion heading for section 2852 of the Military Construction 

18 Authorization Act for Fiscal Year 2006 (division B of 

19 Public Law 109–163; 119 Stat. 3530) is amended by 

20 striking ‘‘AT WASHINGTON, NAVY YARD, DISTRICT OF

21 COLUMBIA’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
882 

•S 2792 RS

1 SEC. 2835. PILOT PROGRAM ON ESTABLISHMENT OF AC2 COUNT FOR REIMBURSEMENT FOR USE OF 

3 TESTING FACILITIES AT INSTALLATIONS OF 

4 THE DEPARTMENT OF THE AIR FORCE. 

5 (a) IN GENERAL.—Not later than 180 days after the 

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

7 Air Force shall establish a pilot program to authorize in8 stallations of the Department of the Air Force to establish 

9 a reimbursable account for the purpose of being reim10 bursed for the use of testing facilities on such installation. 

11 (b) INSTALLATIONS SELECTED.—The Secretary of 

12 the Air Force shall select not more than two installations 

13 of the Department of the Air Force to participate in the 

14 pilot program under subsection (a) from among any such 

15 installations that are part of the Air Force Flight Test 

16 Center construct and are currently funded for Facilities 

17 Sustainment, Restoration, and Modernization (FSRM) 

18 through the Research, Development, Test, and Evaluation 

19 account of the Department of the Air Force. 

20 (c) OVERSIGHT OF FUNDS.—For each installation se21 lected for the pilot program under subsection (a), the com22 mander of such installation shall have direct oversight over 

23 50 percent of the funds allocated to the installation for 

24 Facilities Sustainment, Restoration, and Modernization 

25 and the Commander of the Air Force Civil Engineer CenVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
883 

•S 2792 RS

1 ter shall have direct oversight over the remaining 50 per2 cent of such funds. 

3 (d) BRIEFING AND REPORT.— 

4 (1) BRIEFING.—Not later than 30 days after 

5 establishing the pilot program under subsection (a), 

6 the Secretary of the Air Force shall brief the con7 gressional defense committees on the pilot program. 

8 (2) ANNUAL REPORT.—Not later than one year 

9 after establishing the pilot program under subsection 

10 (a), and annually thereafter, the Secretary of the Air 

11 Force shall submit to the congressional defense com12 mittees a report on the pilot program. 

13 (e) TERMINATION.—The pilot program under sub14 section (a) shall terminate on December 1, 2026. 


Pbinns on DSKJLVW7X2PROD with BILLS
884 

•S 2792 RS

1 DIVISION C—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 AUTHORIZATIONS AND 

4 OTHER AUTHORIZATIONS 

5 TITLE XXXI—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 PROGRAMS 

8 Subtitle A—National Security 

9 Programs and Authorizations 

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

13 are hereby authorized to be appropriated to the Depart14 ment of Energy for fiscal year 2022 for the activities of 

15 the National Nuclear Security Administration in carrying 

16 out programs as specified in the funding table in section 

17 4701. 

18 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

19 From funds referred to in subsection (a) that are available 

20 for carrying out plant projects, the Secretary of Energy 

21 may carry out new plant projects for the National Nuclear 

22 Security Administration as follows: 

23 Project 22–D–513, Power Sources Capability, 

24 Sandia National Laboratories, Albuquerque, New 

25 Mexico, $13,827,000. 


Pbinns on DSKJLVW7X2PROD with BILLS
885 

•S 2792 RS

1 Project 22–D–514, Digital Infrastructure Capa2 bility Expansion, Lawrence Livermore National Lab3 oratory, Livermore, California, $8,000,000. 

4 Project 22–D–531, Chemistry and Radiological 

5 Health Building, Knolls Atomic Power Laboratory, 

6 Niskayuna, New York, $41,620,000. 

7 Project 22–D–532, Security Upgrades, Knolls 

8 Atomic Power Laboratory, Niskayuna, New York, 

9 $5,100,000. 

10 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

12 are hereby authorized to be appropriated to the Depart13 ment of Energy for fiscal year 2022 for defense environ14 mental cleanup activities in carrying out programs as 

15 specified in the funding table in section 4701. 

16 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

17 From funds referred to in subsection (a) that are available 

18 for carrying out plant projects, the Secretary of Energy 

19 may carry out, for defense environmental cleanup activi20 ties, the following new plant projects: 

21 Project 22–D–401, L–888, 400 Area Fire Sta22 tion, Hanford Site, Richland, Washington, 

23 $15,200,000. 


Pbinns on DSKJLVW7X2PROD with BILLS
886 

•S 2792 RS

1 Project 22–D–402, L–897, 200 Area Water 

2 Treatment Facility, Hanford Site, Richland, Wash3 ington, $12,800,000. 

4 Project 22–D–403, Spent Nuclear Fuel Staging 

5 Facility, Idaho National Laboratory, Idaho Falls, 

6 Idaho, $3,000,000. 

7 Project 22–D–404, Additional Idaho CERCLA 

8 Disposal Facility Landfill Disposal Cell and Evapo9 ration Ponds Project, Idaho National Laboratory, 

10 Idaho Falls, Idaho, $5,000,000. 

11 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

12 Funds are hereby authorized to be appropriated to 

13 the Department of Energy for fiscal year 2022 for other 

14 defense activities in carrying out programs as specified in 

15 the funding table in section 4701. 

16 SEC. 3104. NUCLEAR ENERGY. 

17 Funds are hereby authorized to be appropriated to 

18 the Department of Energy for fiscal year 2022 for nuclear 

19 energy as specified in the funding table in section 4701. 


Pbinns on DSKJLVW7X2PROD with BILLS
887 

•S 2792 RS

1 Subtitle B—Nuclear Weapons 

2 Stockpile Matters 

3 SEC. 3111. PORTFOLIO MANAGEMENT FRAMEWORK FOR 

4 NATIONAL NUCLEAR SECURITY ADMINISTRA5 TION. 

6 (a) IN GENERAL.—Not later than one year after the 

7 date of the enactment of this Act, the Administrator for 

8 Nuclear Security shall— 

9 (1) in consultation with the Nuclear Weapons 

10 Council established under section 179 of title 10, 

11 United States Code, develop and implement a port12 folio management framework for the nuclear security 

13 enterprise that— 

14 (A) defines the National Nuclear Security 

15 Administration’s portfolio of nuclear weapons 

16 stockpile and infrastructure maintenance and 

17 modernization programs; 

18 (B) establishes a portfolio governance 

19 structure, including portfolio-level selection cri20 teria, prioritization criteria, and performance 

21 metrics; 

22 (C) outlines the approach of the National 

23 Nuclear Security Administration to managing 

24 that portfolio; and 


Pbinns on DSKJLVW7X2PROD with BILLS
888 

•S 2792 RS

1 (D) incorporates the leading practices 

2 identified by the Government Accountability Of3 fice in its report entitled ‘‘Nuclear Security En4 terprise: NNSA Should Use Portfolio Manage5 ment Leading Practices to Support Moderniza6 tion Efforts’’ (GAO–21–398) and dated June 

7 2021; and 

8 (2) complete an integrated, comprehensive as9 sessment of the portfolio management capabilities 

10 required to execute the weapons activities portfolio 

11 of the National Nuclear Security Administration. 

12 (b) BRIEFING REQUIREMENT.—Not later than June 

13 1, 2022, the Administrator shall provide to the congres14 sional defense committees a briefing on— 

15 (1) the progress of the Administrator in devel16 oping the framework described in paragraph (1) of 

17 subsection (a) and completing the assessment re18 quired by paragraph (2) of that subsection; and 

19 (2) the plans of the Administrator for imple20 menting the recommendations of the Government 

21 Accountability Office in the report referred to in 

22 subsection (a)(1)(D). 

23 (c) NUCLEAR SECURITY ENTERPRISE DEFINED.—In 

24 this section, the term ‘‘nuclear security enterprise’’ has 


Pbinns on DSKJLVW7X2PROD with BILLS
889 

•S 2792 RS

1 the meaning given that term in section 4002 of the Atomic 

2 Energy Defense Act (50 U.S.C. 2501). 

3 SEC. 3112. REPORTS ON RISKS TO AND GAPS IN INDUS4 TRIAL BASE FOR NUCLEAR WEAPONS COM5 PONENTS, SUBSYSTEMS, AND MATERIALS. 

6 Section 3113 of the William M. (Mac) Thornberry 

7 National Defense Authorization Act for Fiscal Year 2021 

8 (Public Law 116–283) is amended by adding at the end 

9 the following new subsection: 

10 ‘‘(e) REPORTS REQUIRED.—The Administrator, act11 ing through the official designated under subsection (a), 

12 shall submit to the Committees on Armed Services of the 

13 Senate and the House of Representatives, contempora14 neously with each briefing required by subsection (d)(2), 

15 a report that— 

16 ‘‘(1) identifies actual or potential risks to or 

17 specific gaps in any element of the industrial base 

18 that supports the nuclear weapons components, sub19 systems, or materials of the National Nuclear Secu20 rity Administration; 

21 ‘‘(2) describing the actions the Administration 

22 is taking to further assess, characterize, and 

23 prioritize such risks and gaps; 


Pbinns on DSKJLVW7X2PROD with BILLS
890 

•S 2792 RS

1 ‘‘(3) describing mitigating actions, if any, the 

2 Administration has underway or planned to mitigate 

3 any such risks or gaps; 

4 ‘‘(4) setting forth the anticipated timelines and 

5 resources needed for such mitigating actions; and 

6 ‘‘(5) describing the nature of any coordination 

7 with or burden sharing by other Federal agencies or 

8 the private sector to address such risks and gaps.’’. 

9 SEC. 3113. SENSE OF SENATE ON OVERSIGHT ROLE OF CON10 GRESS IN CONDUCT OF NUCLEAR WEAPONS 

11 TESTING. 

12 It is the sense of the Senate that Congress should 

13 have an oversight role in overseeing the United States 

14 Government’s ability to conduct nuclear weapons testing 

15 that produces nuclear yield. 

16 Subtitle C—Defense Environmental 

17 Cleanup Matters 

18 PART I—ENVIRONMENTAL MANAGEMENT LIABIL19 ITY REDUCTION AND TECHNOLOGY DEVEL20 OPMENT 

21 SEC. 3121. DEFINITIONS. 

22 In this part: 

23 (1) COMPLEX.—The term ‘‘complex’’ means all 

24 sites managed in whole or in part by the Office. 


Pbinns on DSKJLVW7X2PROD with BILLS
891 

•S 2792 RS

1 (2) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Energy. 

3 (3) INSTITUTION OF HIGHER EDUCATION.—The 

4 term ‘‘institution of higher education’’ has the 

5 meaning given the term in section 101(a) of the 

6 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

7 (4) MISSION.—The term ‘‘mission’’ means the 

8 mission of the Office. 

9 (5) NATIONAL LABORATORY.—The term ‘‘Na10 tional Laboratory’’ has the meaning given the term 

11 in section 2 of the Energy Policy Act of 2005 (42 

12 U.S.C. 15801). 

13 (6) OFFICE.—The term ‘‘Office’’ means the Of14 fice of Environmental Management of the Depart15 ment. 

16 (7) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Energy, acting through the Assist18 ant Secretary for Environmental Management. 

19 SEC. 3122. INDEPENDENT ASSESSMENT AND MANAGEMENT 

20 OF DEFENSE ENVIRONMENTAL CLEANUP 

21 PROGRAMS. 

22 (a) INDEPENDENT ASSESSMENT.— 

23 (1) IN GENERAL.—The Secretary shall obtain 

24 from the Corps of Engineers an independent assessVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
892 

•S 2792 RS

1 ment of the lifecycle costs and schedules of the de2 fense environmental cleanup programs of the Office. 

3 (2) FOCUS OF ASSESSMENT.—The assessment 

4 under paragraph (1) shall be focused on identifying 

5 key remaining technical risks and uncertainties of 

6 the defense environmental cleanup programs. 

7 (3) USE OF ASSESSMENT.—The Office shall use 

8 the assessment under paragraph (1)— 

9 (A) to reevaluate the major defense envi10 ronmental cleanup challenges faced by the Of11 fice, including the timeline and costs associated 

12 with addressing those challenges with existing 

13 science and technology investments; 

14 (B) to make any adjustments to the 

15 science and technology development program of 

16 the Office that are necessary to address those 

17 challenges; 

18 (C) to evaluate potential savings from the 

19 development of new technologies over the life of 

20 the cleanup programs of the Office; and 

21 (D) to provide recommendations to Con22 gress with respect to the annual funding levels 

23 for the Incremental Technology Development 

24 Program established under section 3123(a) and 

25 the High-Impact Technology Development ProVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00892 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
893 

•S 2792 RS

1 gram established under section 3124(a) that 

2 will ensure maximum cost-savings over the life 

3 of the defense environmental cleanup programs 

4 of the Office. 

5 (4) NO EFFECT ON PROGRAM IMPLEMENTA6 TION.—Nothing in this subsection affects the estab7 lishment, implementation, or carrying out of any 

8 project or program under any other provision of law, 

9 including this part, or under any existing agreement 

10 or consent decree to which the Department is a 

11 party, during the time period in which the assess12 ment under paragraph (1) is carried out. 

13 (b) MANAGEMENT PROCESS.—The Secretary shall 

14 design and implement a science and technology manage15 ment process for identifying, prioritizing, selecting, devel16 oping, testing, permitting, and deploying the new knowl17 edge and technologies needed to address the defense envi18 ronmental cleanup challenges faced by the Office, includ19 ing the technical risks and uncertainties identified by the 

20 assessment under subsection (a). 

21 (c) PEER REVIEW.—The Secretary shall use inde22 pendent peer review to evaluate— 

23 (1) the science and technology management 

24 process designed under subsection (b) before that 

25 process is implemented; 


Pbinns on DSKJLVW7X2PROD with BILLS
894 

•S 2792 RS

1 (2) any science and technology projects before 

2 those projects are funded; and 

3 (3) the overall effectiveness and impact of the 

4 science and technology efforts of the Office. 

5 SEC. 3123. INCREMENTAL TECHNOLOGY DEVELOPMENT 

6 PROGRAM. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

8 a program, to be known as the ‘‘Incremental Technology 

9 Development Program’’ (in this section referred to as the 

10 ‘‘program’’), to improve the efficiency and effectiveness of 

11 the defense environmental cleanup processes of the Office. 

12 (b) FOCUS.— 

13 (1) IN GENERAL.—The program shall focus on 

14 the continuous improvement of new or available 

15 technologies, including— 

16 (A) decontamination chemicals and tech17 niques; 

18 (B) remote sensing and wireless commu19 nication to reduce manpower and laboratory ef20 forts; 

21 (C) detection, assay, and certification in22 strumentation; 

23 (D) packaging materials, methods, and 

24 shipping systems; and 


Pbinns on DSKJLVW7X2PROD with BILLS
895 

•S 2792 RS

1 (E) improving the overall efficiency and ef2 fectiveness of the Office. 

3 (2) OTHER AREAS.—The program may include 

4 mission-relevant development, demonstration, and 

5 deployment activities unrelated to the focus areas 

6 described in paragraph (1). 

7 (c) USE OF NEW AND EMERGING TECHNOLOGIES.— 

8 (1) IN GENERAL.—In carrying out the program, 

9 the Secretary shall ensure that site offices of the Of10 fice conduct technology development and demonstra11 tion of new and emerging technologies to establish a 

12 sound technical basis for the selection of tech13 nologies for defense environmental cleanup or infra14 structure operations. 

15 (2) COLLABORATION REQUIRED.—The Sec16 retary shall collaborate, to the extent practicable, 

17 with the heads of other Federal agencies, the Na18 tional Laboratories, other Federal laboratories, ap19 propriate State regulators and agencies, and the De20 partment of Labor in the development, demonstra21 tion, testing, permitting, and deployment of new 

22 technologies under the program. 

23 (d) AGREEMENTS TO CARRY OUT PROJECTS.— 

24 (1) IN GENERAL.—In carrying out the program, 

25 the Secretary may enter into agreements for techVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
896 

•S 2792 RS

1 nology development, demonstration, and deployment 

2 projects to improve technologies in accordance with 

3 subsection (b). 

4 (2) SELECTION.—The Secretary shall select 

5 projects under paragraph (1) through a rigorous 

6 process that involves— 

7 (A) transparent and open competition; and 

8 (B) an independent peer review process de9 scribed in paragraph (3). 

10 (3) PEER REVIEW PROCESS.— 

11 (A) IN GENERAL.—Each technology devel12 opment, demonstration, and deployment project 

13 under consideration for selection under para14 graph (2) shall undergo an independent peer re15 view process by a panel of not fewer than 3 

16 peer reviewers selected in accordance with sub17 paragraph (C), who shall evaluate the project in 

18 accordance with the criteria described in sub19 paragraph (B), with the goal of maximizing— 

20 (i) returns on the research and devel21 opment expenditures of the Office; and 

22 (ii) the return on investment of funds 

23 made available under the program. 

24 (B) CRITERIA.—The criteria for peer re25 view under subparagraph (A), with respect to 


Pbinns on DSKJLVW7X2PROD with BILLS
897 

•S 2792 RS

1 each project, including any technology to be de2 veloped, demonstrated, or deployed by the 

3 project, shall include an evaluation of— 

4 (i) mission relevancy; 

5 (ii) scientific and technical validity; 

6 (iii) ability to meet an existing mis7 sion void; 

8 (iv) superiority to alternatives; 

9 (v) cost effectiveness; 

10 (vi) ability to reduce risk; 

11 (vii) regulatory compliance; 

12 (viii) public acceptance; and 

13 (ix) likelihood of implementation. 

14 (C) PEER REVIEWERS.— 

15 (i) IN GENERAL.—A peer reviewer for 

16 a project under subparagraph (A) shall be 

17 selected— 

18 (I) through a systematic ap19 proach to accessing peer reviewer in20 formation that ensures the appro21 priate range of expertise for the peer 

22 review panel; and 

23 (II) from among— 

24 (aa) contractors of the De25 partment; 


Pbinns on DSKJLVW7X2PROD with BILLS
898 

•S 2792 RS

1 (bb) the National Labora2 tories; 

3 (cc) other Federal Labora4 tories; 

5 (dd) institutions of higher 

6 education; and 

7 (ee) members of relevant 

8 professional societies. 

9 (ii) MINIMIZATION OF DOE PARTICIPA10 TION.—To the maximum extent prac11 ticable, the peer reviewer selection process 

12 under clause (i) shall minimize the partici13 pation of employees of the Department as 

14 peer reviewers. 

15 (iii) MINIMIZATION OF CONFLICTS OF

16 INTEREST.—A peer reviewer selected under 

17 clause (i) to review the project may not be 

18 affiliated with the project being reviewed 

19 or the entity that would carry out that 

20 project. 

21 (D) REVIEW PROCESS.—Each panel of 

22 peer reviewers shall review a project under sub23 paragraph (A)— 


Pbinns on DSKJLVW7X2PROD with BILLS
899 

•S 2792 RS

1 (i) using a process of regular review 

2 and staged decision making that is com3 parable to other peer review programs; and 

4 (ii) with rigorous attention to— 

5 (I) the collection of activity; and 

6 (II) the achievement of perform7 ance metrics. 

8 (4) COST-SHARING.—The Federal share of the 

9 costs of the development, demonstration, testing, 

10 permitting, and deployment of new technologies car11 ried out under this subsection shall be not more 

12 than 70 percent. 

13 SEC. 3124. HIGH-IMPACT TECHNOLOGY DEVELOPMENT 

14 PROGRAM. 

15 (a) ESTABLISHMENT.—The Secretary shall establish 

16 a program, to be known as the ‘‘High-Impact Technology 

17 Development Program’’ (in this section referred to as the 

18 ‘‘program’’), under which the Secretary shall enter into 

19 agreements for projects that pursue technologies that, 

20 with respect to the mission— 

21 (1) holistically address difficult challenges; 

22 (2) hold the promise of breakthrough improve23 ments; or 

24 (3) align existing or in-use technologies with 

25 difficult challenges. 


Pbinns on DSKJLVW7X2PROD with BILLS
900 

•S 2792 RS

1 (b) WORKSHOP.—The Secretary shall commence the 

2 program with a workshop to identify, with respect to the 

3 technologies developed pursuant to the program— 

4 (1) the challenges that need to be addressed; 

5 and 

6 (2) how— 

7 (A) to maximize the impact of existing re8 sources of the Office; and 

9 (B) to ensure that the technology develop10 ment targets challenges across the complex. 

11 (c) AREAS OF FOCUS.—Areas of focus of a project 

12 carried out under this section may include— 

13 (1) developing and demonstrating improved 

14 methods for source and plume characterization and 

15 monitoring, with an emphasis on— 

16 (A) real-time field acquisition; and 

17 (B) the use of indicator species analyses 

18 with advanced contaminant transport models to 

19 enable better understanding of contaminant mi20 gration; 

21 (2) developing and determining the limits of 

22 performance for remediation technologies and inte23 grated remedial systems that prevent migration of 

24 contaminants, including by producing associated 


Pbinns on DSKJLVW7X2PROD with BILLS
901 

•S 2792 RS

1 guidance and design manuals for technologies that 

2 could be widely used across the complex; 

3 (3) demonstrating advanced monitoring ap4 proaches that use multiple lines of evidence for mon5 itoring long-term performance of— 

6 (A) remediation systems; and 

7 (B) noninvasive near-field monitoring tech8 niques; 

9 (4) developing and demonstrating methods to 

10 characterize the physical and chemical attributes of 

11 waste that control behavior, with an emphasis on— 

12 (A) rapid and nondestructive examination 

13 and assay techniques; and 

14 (B) methods to determine radio-nuclide, 

15 heavy metals, and organic constituents; 

16 (5) demonstrating the technical basis for deter17 mining when enhanced or natural attenuation is an 

18 appropriate approach for remediation of complex 

19 sites; 

20 (6) developing and demonstrating innovative 

21 methods to achieve real-time and, if practicable, in 

22 situ characterization data for tank waste and proc23 ess streams that could be useful for all phases of the 

24 waste management program, including improving 

25 the accuracy and representativeness of characterizaVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00901 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
902 

•S 2792 RS

1 tion data for residual waste in tanks and ancillary 

2 equipment; 

3 (7) adapting existing waste treatment tech4 nologies or demonstrating new waste treatment tech5 nologies at the pilot plant scale using real wastes or 

6 realistic surrogates— 

7 (A) to address engineering adaptations; 

8 (B) to ensure compliance with waste treat9 ment standards and other applicable require10 ments under Federal and State law and any ex11 isting agreements or consent decrees to which 

12 the Department is a party; and 

13 (C) to enable successful deployment at full14 scale and in support of operations; 

15 (8) developing and demonstrating rapid testing 

16 protocols that— 

17 (A) are accepted by the Environmental 

18 Protection Agency, the Nuclear Regulatory 

19 Commission, the Department, and the scientific 

20 community; 

21 (B) can be used to measure long-term 

22 waste form performance under realistic disposal 

23 environments; 

24 (C) can determine whether a stabilized 

25 waste is suitable for disposal; and 


Pbinns on DSKJLVW7X2PROD with BILLS
903 

•S 2792 RS

1 (D) reduce the need for extensive, time2 consuming, and costly analyses on every batch 

3 of waste prior to disposal; 

4 (9) developing and demonstrating direct sta5 bilization technologies to provide waste forms for 

6 disposing of elemental mercury; and 

7 (10) developing and demonstrating innovative 

8 and effective retrieval methods for removal of waste 

9 residual materials from tanks and ancillary equip10 ment, including mobile retrieval equipment or meth11 ods capable of immediately removing waste from 

12 leaking tanks, and connecting pipelines. 

13 (d) PROJECT SELECTION.— 

14 (1) SELECTION.—The Secretary shall select 

15 projects to be carried out under the program 

16 through a rigorous process that involves— 

17 (A) transparent and open competition; and 

18 (B) an independent peer review process de19 scribed in paragraph (2). 

20 (2) PEER REVIEW PROCESS.— 

21 (A) IN GENERAL.—Each project under 

22 consideration for selection under paragraph (1) 

23 shall undergo an independent peer review proc24 ess by a panel of not fewer than 3 peer reviewVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
904 

•S 2792 RS

1 ers selected in accordance with subparagraph 

2 (B). 

3 (B) PEER REVIEWERS.— 

4 (i) IN GENERAL.—A peer reviewer for 

5 a project under subparagraph (A) shall be 

6 selected— 

7 (I) through a systematic ap8 proach to accessing peer reviewer in9 formation that ensures the appro10 priate range of expertise for the peer 

11 review panel; and 

12 (II) from— 

13 (aa) a relevant database, 

14 such as a database of chemical 

15 engineers, geologists, physicists, 

16 materials scientists, or biologists; 

17 or 

18 (bb) among members of rel19 evant professional societies. 

20 (ii) MINIMIZATION OF DOE PARTICIPA21 TION.—To the maximum extent prac22 ticable, the peer reviewer selection process 

23 under clause (i) shall minimize the partici24 pation of employees of the Department as 

25 peer reviewers. 


Pbinns on DSKJLVW7X2PROD with BILLS
905 

•S 2792 RS

1 (iii) MINIMIZATION OF CONFLICTS OF

2 INTEREST.—A peer reviewer selected under 

3 clause (i) to review a project may not be 

4 affiliated with the project being reviewed 

5 or the entity that would carry out that 

6 project. 

7 (C) REVIEW PROCESS.—Each panel of 

8 peer reviewers shall review a project under sub9 paragraph (A)— 

10 (i) using a process of regular review 

11 and staged decision making that is com12 parable to other peer review programs; and 

13 (ii) with rigorous attention to— 

14 (I) the collection of activity; and 

15 (II) the achievement of perform16 ance metrics. 

17 SEC. 3125. ENVIRONMENTAL MANAGEMENT UNIVERSITY 

18 PROGRAM. 

19 (a) ESTABLISHMENT.—The Secretary shall establish 

20 a program, to be known as the ‘‘Environmental Manage21 ment University Program’’ (in this section referred to as 

22 the ‘‘program’’)— 

23 (1) to engage faculty, post-doctoral fellows or 

24 researchers, and graduate students of institutions of 

25 higher education on subjects relating to the mission 


Pbinns on DSKJLVW7X2PROD with BILLS
906 

•S 2792 RS

1 to show a clear path for students for employment 

2 with the Department or contractors of the Depart3 ment; 

4 (2) to provide to institutions of higher edu5 cation— 

6 (A) a source of new ideas; and 

7 (B) access to advances in engineering and 

8 science; 

9 (3) to clearly identify to institutions of higher 

10 education the tools necessary to enter into the envi11 ronmental management field professionally; and 

12 (4) to encourage current employees of the De13 partment to pursue advanced degrees. 

14 (b) AREAS OF FOCUS.—Areas of focus of a project 

15 receiving a grant under this section may include— 

16 (1) the atomic- and molecular-scale chemistries 

17 of waste processing; 

18 (2) contaminant immobilization in engineered 

19 and natural systems; 

20 (3) developing innovative materials, with an em21 phasis on nanomaterials or biomaterials, that could 

22 enable sequestration of challenging hazardous or ra23 dioactive constituents such as technetium and iodine; 

24 (4) elucidating and exploiting complex specia25 tion and reactivity far from equilibrium; 


Pbinns on DSKJLVW7X2PROD with BILLS
907 

•S 2792 RS

1 (5) understanding and controlling chemical and 

2 physical processes at interfaces; 

3 (6) harnessing physical and chemical processes 

4 to revolutionize separations; 

5 (7) tailoring waste forms for contaminants in 

6 harsh chemical environments; or 

7 (8) predicting and understanding subsurface 

8 system behavior and response to perturbations. 

9 (c) INDIVIDUAL RESEARCH GRANTS.—In carrying 

10 out the program, the Secretary may make individual re11 search grants to faculty, post-doctoral fellows or research12 ers, and graduate students of institutions of higher edu13 cation for 3-year research projects, with an option for an 

14 extension of one additional period of 2 years. 

15 (d) GRANTS FOR INTERDISCIPLINARY COLLABORA16 TIONS.—In carrying out the program, the Secretary may 

17 make research grants for strategic partnerships among 

18 scientists, faculty, post-doctoral fellows or researchers, 

19 and graduate students of institutions of higher education 

20 for 3-year research projects. 

21 (e) HIRING OF UNDERGRADUATES.—In carrying out 

22 the program, the Secretary may establish a summer in23 ternship program for undergraduates of institutions of 

24 higher education to work on projects relating to environ25 mental management. 


Pbinns on DSKJLVW7X2PROD with BILLS
908 

•S 2792 RS

1 (f) WORKSHOPS.—In carrying out the program, the 

2 Secretary may hold workshops with the Office of Environ3 mental Management, the Office of Science, and members 

4 of academia and industry concerning environmental man5 agement challenges and solutions. 

6 PART II—OTHER MATTERS 

7 SEC. 3131. COMPREHENSIVE STRATEGY FOR TREATING, 

8 STORING, AND DISPOSING OF DEFENSE NU9 CLEAR WASTE RESULTING FROM STOCKPILE 

10 MAINTENANCE AND MODERNIZATION ACTIVI11 TIES. 

12 (a) IN GENERAL.—Not later than one year after the 

13 date of the enactment of the National Defense Authoriza14 tion Act for Fiscal Year 2022, the Administrator for Nu15 clear Security shall submit to the congressional defense 

16 committees and the Comptroller General of the United 

17 States a comprehensive strategy for treating, storing, and 

18 disposing of defense nuclear waste generated as a result 

19 of stockpile maintenance and modernization activities. 

20 (b) ELEMENTS.—The strategy required by subsection 

21 (a) shall include the following: 

22 (1) A projection of the location, type, and quan23 tity of defense nuclear waste the National Nuclear 

24 Security Administration anticipates generating as a 

25 result of stockpile maintenance and modernization 


Pbinns on DSKJLVW7X2PROD with BILLS
909 

•S 2792 RS

1 activities during the periods of five and ten fiscal 

2 years after the submission of the strategy, with a 

3 long-term outlook for the period of 25 fiscal years 

4 after such submission. 

5 (2) Budgetary estimates associated the projec6 tion under paragraph (1) during the period of five 

7 fiscal years after the submission of the strategy. 

8 (3) A description of how the National Nuclear 

9 Security Administration plans to coordinate with the 

10 Office of Environmental Management of the Depart11 ment of Energy to treat, store, and dispose of the 

12 type and quantity of waste projected to be generated 

13 under paragraph (1). 

14 (4) An identification of— 

15 (A) disposal facilities that could accept 

16 that waste; 

17 (B) disposal facilities that could accept 

18 that waste with modifications; and 

19 (C) in the case of facilities described in 

20 subparagraph (B), the modifications necessary 

21 for such facilities to accept that waste. 

22 (c) FOLLOW-ON STRATEGY.—Concurrent with the 

23 submission of the budget of the President to Congress 

24 under section 1105(a) of title 31, United States Code, for 

25 fiscal year 2027, the Administrator shall submit to the 


Pbinns on DSKJLVW7X2PROD with BILLS
910 

•S 2792 RS

1 congressional defense committees a follow-on strategy to 

2 the strategy required by subsection (a) that includes— 

3 (1) the elements set forth in subsection (b); and 

4 (2) any other matters that the Administrator 

5 considers appropriate. 

6 Subtitle D—Budget and Financial 

7 Management Matters 

8 SEC. 3141. IMPROVEMENTS TO COST ESTIMATES INFORM9 ING ANALYSES OF ALTERNATIVES. 

10 (a) IN GENERAL.—Subtitle A of title XLVII of the 

11 Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is 

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

13 ‘‘SEC. 4718. IMPROVEMENTS TO COST ESTIMATES INFORM14 ING ANALYSES OF ALTERNATIVES. 

15 ‘‘(a) REQUIREMENT FOR ANALYSES OF ALTER16 NATIVES.—The Administrator shall ensure that any cost 

17 estimate used in an analysis of alternatives for a project 

18 carried out using funds authorized by a DOE national se19 curity authorization is designed to fully satisfy the require20 ments outlined in the mission needs statement approved 

21 at critical decision 0 in the acquisition process, as set forth 

22 in Department of Energy Order 413.3B (relating to pro23 gram management and project management for the acqui24 sition of capital assets) or a successor order. 


Pbinns on DSKJLVW7X2PROD with BILLS
911 

•S 2792 RS

1 ‘‘(b) USE OF PROJECT ENGINEERING AND DESIGN

2 FUNDS.—In the case of a project the total estimated cost 

3 of which exceeds $500,000,000 and that has not reached 

4 critical decision 1 in the acquisition process, the Adminis5 trator may use funds authorized by a DOE national secu6 rity authorization for project engineering and design to 

7 begin the development of a conceptual design to facilitate 

8 the development of a cost estimate for the project during 

9 the analysis of alternatives for the project if— 

10 ‘‘(1) the Administrator— 

11 ‘‘(A) determines that such use of funds 

12 would improve the quality of the cost estimate 

13 for the project; and 

14 ‘‘(B) notifies the congressional defense 

15 committees of that determination; and 

16 ‘‘(2) a period of 15 days has elapsed after the 

17 date on which such committees receive the notifica18 tion.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 for the Atomic Energy Defense Act is amended by insert21 ing after the item relating to section 4717 the following 

22 new item: 

‘‘Sec. 4718. Improvements to cost estimates informing analyses of alternatives.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
912 

•S 2792 RS

1 SEC. 3142. MODIFICATION OF REQUIREMENTS FOR CER2 TAIN CONSTRUCTION PROJECTS. 

3 (a) INCREASE IN MINOR CONSTRUCTION THRESH4 OLD FOR PLANT PROJECTS.—Section 4701(2) of the 

5 Atomic Energy Defense Act (50 U.S.C. 2741(2)) is 

6 amended by striking ‘‘$20,000,000’’ and inserting 

7 ‘‘$25,000,000’’. 

8 (b) NOTIFICATION REQUIREMENT FOR CERTAIN

9 MINOR CONSTRUCTION PROJECTS.— 

10 (1) IN GENERAL.—Section 4703 of the Atomic 

11 Energy Defense Act (50 U.S.C. 2743) is amended— 

12 (A) by redesignating subsection (d) as sub13 section (e); and 

14 (B) by inserting after subsection (c) the 

15 following new subsection (d): 

16 ‘‘(d) NOTIFICATION REQUIRED FOR CERTAIN

17 PROJECTS.—Notwithstanding subsection (a), the Sec18 retary may not start a minor construction project with a 

19 total estimated cost of more than $5,000,000 until— 

20 ‘‘(1) the Secretary notifies the congressional de21 fense committees of such project and total estimated 

22 cost; and 

23 ‘‘(2) a period of 15 days has elapsed after the 

24 date on which such notification is received.’’. 

25 (2) CONFORMING REPEAL.—Section 3118(c) of 

26 the National Defense Authorization Act for Fiscal 


Pbinns on DSKJLVW7X2PROD with BILLS
913 

•S 2792 RS

1 Year 2010 (Public Law 111–84; 50 U.S.C. 2743 

2 note) is repealed. 

3 (c) INCREASE IN CONSTRUCTION DESIGN THRESH4 OLD.—Section 4706(b) of the Atomic Energy Defense Act 

5 (50 U.S.C. 2746(b)) is amended by striking ‘‘$2,000,000’’ 

6 each place it appears and inserting ‘‘$5,000,000’’. 

7 SEC. 3143. MODIFICATION TO TERMINOLOGY FOR REPORTS 

8 ON FINANCIAL BALANCES FOR ATOMIC EN9 ERGY DEFENSE ACTIVITIES. 

10 Section 4732 of the Atomic Energy Defense Act (50 

11 U.S.C. 2772) is amended— 

12 (1) in subsection (b)(2)— 

13 (A) in subparagraph (G), by striking 

14 ‘‘committed’’ and inserting ‘‘encumbered’’; 

15 (B) in subparagraph (H), by striking ‘‘un16 committed’’ and inserting ‘‘unencumbered’’; and 

17 (C) in subparagraph (I), by striking ‘‘un18 committed’’ and inserting ‘‘unencumbered’’; and 

19 (2) in subsection (c)— 

20 (A) by striking paragraphs (1) and (3); 

21 (B) by redesignating paragraphs (2) and 

22 (4) as paragraphs (1) and (3), respectively; 

23 (C) in paragraph (1), as redesignated by 

24 subparagraph (B), by striking ‘‘by the con25 tractor’’ and inserting ‘‘from the contractor’’; 


Pbinns on DSKJLVW7X2PROD with BILLS
914 

•S 2792 RS

1 (D) by inserting after paragraph (1), as so 

2 redesignated, the following new paragraph (2): 

3 ‘‘(2) ENCUMBERED.—The term ‘encumbered’, 

4 with respect to funds, means the funds have been 

5 obligated to a contract and are being held for a spe6 cific known purpose by the contractor.’’; 

7 (E) in paragraph (3), as so redesignated, 

8 by striking ‘‘by the contractor’’ and inserting 

9 ‘‘from the contractor’’; and 

10 (F) by inserting after paragraph (3), as so 

11 redesignated, the following new paragraph (4): 

12 ‘‘(4) UNENCUMBERED.—The term 

13 ‘unencumbered’, with respect to funds, means the 

14 funds have been obligated to a contract and are not 

15 being held for a specific known purpose by the con16 tractor.’’. 

17 Subtitle E—Other Matters 

18 SEC. 3151. EXTENSION OF AUTHORITY FOR APPOINTMENT 

19 OF CERTAIN SCIENTIFIC, ENGINEERING, AND 

20 TECHNICAL PERSONNEL. 

21 Section 4601(c)(1) of the Atomic Energy Defense Act 

22 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep23 tember 30, 2021’’ and inserting ‘‘September 30, 2026’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
915 

•S 2792 RS

1 SEC. 3152. EXTENSION OF ENHANCED PROCUREMENT AU2 THORITY TO MANAGE SUPPLY CHAIN RISK. 

3 Section 4806(g) of the Atomic Energy Defense Act 

4 (50 U.S.C. 2786(g)) is amended by striking ‘‘June 30, 

5 2023’’ and inserting ‘‘December 31, 2028’’. 

6 SEC. 3153. EXTENSION OF AUTHORITY FOR ACCEPTANCE 

7 OF CONTRIBUTIONS FOR ACCELERATION OF 

8 REMOVAL OR SECURITY OF FISSILE MATE9 RIALS, RADIOLOGICAL MATERIALS, AND RE10 LATED EQUIPMENT AT VULNERABLE SITES 

11 WORLDWIDE. 

12 (a) IN GENERAL.—Section 3132 of the Ronald W. 

13 Reagan National Defense Authorization Act for Fiscal 

14 Year 2005 (50 U.S.C. 2569) is— 

15 (1) transferred to title XLIII of the Atomic En16 ergy Defense Act (50 U.S.C. 2565 et seq.); 

17 (2) redesignated as section 4306B; 

18 (3) inserted after section 4306A; and 

19 (4) amended, in subsection (f)(6), by striking 

20 ‘‘December 31, 2023’’ and inserting ‘‘December 31, 

21 2028’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 for the Atomic Energy Defense Act is amended by insert24 ing after the item relating to section 4306A the following 

25 new item: 


Pbinns on DSKJLVW7X2PROD with BILLS
916 

•S 2792 RS

‘‘Sec. 4306B. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites 

worldwide.’’. 

1 SEC. 3154. UPDATES TO INFRASTRUCTURE MODERNIZA2 TION INITIATIVE. 

3 (a) IN GENERAL.—Section 3111(b) of the National 

4 Defense Authorization Act for Fiscal Year 2018 (Public 

5 Law 115–91; 50 U.S.C. 2402 note) is amended— 

6 (1) in paragraph (2)(A)(i)(II), by striking 

7 ‘‘$50,000,000’’ and inserting ‘‘$75,000,000’’; 

8 (2) in paragraph (3)— 

9 (A) in the paragraph heading, by striking 

10 ‘‘INITIAL PLAN’’ and inserting ‘‘PLAN RE11 QUIRED’’; and 

12 (B) in the matter preceding subparagraph 

13 (A)— 

14 (i) by striking ‘‘2018’’ and inserting 

15 ‘‘2022’’; and 

16 (ii) by striking ‘‘initial’’; and 

17 (3) in paragraph (4), by striking ‘‘2024’’ and 

18 inserting ‘‘2023’’. 

19 (b) CERTIFICATION.—Not later than March 1, 2023, 

20 and annually thereafter through 2025, the Administrator 

21 for Nuclear Security shall submit to the congressional de22 fense committees a certification with respect to whether 

23 the updated plan required by paragraph (3) of section 

24 3111(b) of the National Defense Authorization Act for 


Pbinns on DSKJLVW7X2PROD with BILLS
917 

•S 2792 RS

1 Fiscal Year 2018, as amended by subsection (a), is being 

2 implemented in a manner adequate to meet the goal set 

3 forth in paragraph (2) of that section of reducing the 

4 backlog of deferred maintenance and repair needs of the 

5 nuclear security enterprise by not less than 30 percent by 

6 2025. 

7 SEC. 3155. ACQUISITION OF HIGH-PERFORMANCE COM8 PUTING CAPABILITIES BY NATIONAL NU9 CLEAR SECURITY ADMINISTRATION. 

10 (a) SENSE OF SENATE.—It is the sense of the Senate 

11 that— 

12 (1) the Advanced Simulation and Computing 

13 Program of the National Nuclear Security Adminis14 tration is an essential element of the Stockpile Stew15 ardship Program; and 

16 (2) developing the next generation of exascale 

17 high-performance computers to conduct performance 

18 assessments of nuclear weapons systems and next19 generation weapons design is in the national security 

20 interests of the United States. 

21 (b) ROADMAP FOR ACQUISITION.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of the enactment of this Act, the Adminis24 trator for Nuclear Security shall submit to the con25 gressional defense committees a roadmap for the acVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
918 

•S 2792 RS

1 quisition by the Administration of high-performance 

2 computing capabilities during the 10-year period fol3 lowing submission of the roadmap. 

4 (2) ELEMENTS.—The roadmap required by 

5 paragraph (1) shall include the following: 

6 (A) A description of the high-performance 

7 computing capabilities required to support the 

8 mission of the Administration as of the date on 

9 which the roadmap is submitted under para10 graph (1). 

11 (B) An identification of any existing or an12 ticipated gaps in such capabilities. 

13 (C) A description of the high-performance 

14 computing capabilities anticipated to be re15 quired by the Administration during the 10- 

16 year period following submission of the road17 map, including computational performance and 

18 other requirements, as appropriate. 

19 (D) A description of the strategy of the 

20 Administration for acquiring such capabilities. 

21 (E) An assessment of the ability of the in22 dustrial base to support that strategy. 

23 (F) Such other matters the Administrator 

24 considers appropriate. 


Pbinns on DSKJLVW7X2PROD with BILLS
919 

•S 2792 RS

1 (3) CONSULTATION AND CONSIDERATIONS.—In 

2 developing the roadmap required by paragraph (1), 

3 the Administrator shall— 

4 (A) consult with the Secretary of Energy; 

5 and 

6 (B) take into consideration the findings of 

7 the review of the future of computing beyond 

8 exascale computing conducted by the National 

9 Academy of Sciences under section 3172 of the 

10 William M. (Mac) Thornberry National Defense 

11 Authorization Act for Fiscal Year 2021 (Public 

12 Law 116–283). 

13 (c) INDEPENDENT ASSESSMENT OF HIGH-PERFORM14 ANCE COMPUTING ACQUISITIONS.— 

15 (1) IN GENERAL.—The Administrator shall 

16 enter into an arrangement with a federally funded 

17 research and development center to assess the first 

18 acquisition of high-performance computing capabili19 ties by the Administration after the date of the en20 actment of this Act. 

21 (2) ELEMENTS.—The assessment required by 

22 paragraph (1) of the acquisition of high-performance 

23 computing capabilities described in that paragraph 

24 shall include an assessment of the following: 


Pbinns on DSKJLVW7X2PROD with BILLS
920 

•S 2792 RS

1 (A) The mission needs of the Administra2 tion met by the acquisition. 

3 (B) The evidence used to support the ac4 quisition decision, such as an analysis of alter5 natives or business case analyses. 

6 (C) Market research performed by the Ad7 vanced Simulation and Computing Program re8 lated to the acquisition. 

9 (3) REPORT REQUIRED.— 

10 (A) IN GENERAL.—Not later than 90 days 

11 after entering into the arrangement under para12 graph (1), the Administrator shall submit to 

13 the congressional defense committees a report 

14 on the assessment conducted under paragraph 

15 (1). 

16 (B) FORM OF REPORT.—The report re17 quired by subparagraph (A) shall be submitted 

18 in unclassified form but may include a classified 

19 annex. 

20 SEC. 3156. LIMITATION ON USE OF FUNDS FOR NAVAL NU21 CLEAR FUEL SYSTEMS BASED ON LOW-EN22 RICHED URANIUM. 

23 (a) LIMITATION.—Of the funds authorized to be ap24 propriated by this Act for fiscal year 2022 for the Na25 tional Nuclear Security Administration for research and 


Pbinns on DSKJLVW7X2PROD with BILLS
921 

•S 2792 RS

1 development of an advanced naval nuclear fuel system 

2 based on low-enriched uranium, not more than 50 percent 

3 may be obligated or expended until the following deter4 minations are submitted to the congressional defense com5 mittees: 

6 (1) A determination made jointly by the Sec7 retary of Energy and the Secretary of Defense with 

8 respect to whether the determination made jointly by 

9 the Secretary of Energy and the Secretary of the 

10 Navy pursuant to section 3118(c)(1) of the National 

11 Defense Authorization Act for Fiscal Year 2016 

12 (Public Law 114–92; 129 Stat. 1196) and submitted 

13 to the congressional defense committees on March 

14 25, 2018, that the United States should not pursue 

15 research and development of an advanced naval nu16 clear fuel system based on low-enriched uranium, re17 mains valid. 

18 (2) A determination by the Secretary of the 

19 Navy with respect to whether an advanced naval nu20 clear fuel system based on low-enriched uranium can 

21 be produced that would not reduce vessel capability, 

22 increase expense, or reduce operational availability 

23 as a result of refueling requirements. 

24 (b) REPORT REQUIRED.—Not later than 60 days 

25 after the date of the enactment of this Act, the AdminisVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00921 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
922 

•S 2792 RS

1 trator for Nuclear Security shall submit to the congres2 sional defense committees a report on activities conducted 

3 using amounts made available for fiscal year 2021 for de4 velopment of nonproliferation fuels, including a descrip5 tion of any progress made toward technological or non6 proliferation goals as a result of such activities. 

7 TITLE XXXII—DEFENSE NU8 CLEAR FACILITIES SAFETY 

9 BOARD 

10 SEC. 3201. AUTHORIZATION. 

11 There are authorized to be appropriated for fiscal 

12 year 2022, $31,000,000 for the operation of the Defense 

13 Nuclear Facilities Safety Board under chapter 21 of the 

14 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

15 SEC. 3202. REFERENCES TO CHAIRPERSON AND VICE 

16 CHAIRPERSON OF DEFENSE NUCLEAR FA17 CILITIES SAFETY BOARD. 

18 Chapter 21 of the Atomic Energy Act of 1954 (42 

19 U.S.C. 2286 et seq.) is amended— 

20 (1) in section 311(c), in the subsection heading, 

21 by striking ‘‘CHAIRMAN, VICE CHAIRMAN’’ and in22 serting ‘‘CHAIRPERSON, VICE CHAIRPERSON’’; and 

23 (2) by striking ‘‘Chairman’’ each place it ap24 pears and inserting ‘‘Chairperson’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
923 

•S 2792 RS

1 TITLE XXXV—MARITIME 

2 ADMINISTRATION 

3 SEC. 3501. MARITIME ADMINISTRATION. 

4 Section 109 of title 49, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 109. Maritime Administration 

7 ‘‘(a) ORGANIZATION AND MISSION.—The Maritime 

8 Administration is an administration in the Department of 

9 Transportation. The mission of the Maritime Administra10 tion is to foster, promote, and develop the merchant mari11 time industry of the United States. 

12 ‘‘(b) MARITIME ADMINISTRATOR.—The head of the 

13 Maritime Administration is the Maritime Administrator, 

14 who is appointed by the President by and with the advice 

15 and consent of the Senate. The Administrator shall report 

16 directly to the Secretary of Transportation and carry out 

17 the duties prescribed by the Secretary. 

18 ‘‘(c) DEPUTY MARITIME ADMINISTRATOR.—The 

19 Maritime Administration shall have a Deputy Maritime 

20 Administrator, who is appointed in the competitive service 

21 by the Secretary, after consultation with the Adminis22 trator. The Deputy Administrator shall carry out the du23 ties prescribed by the Administrator. The Deputy Admin24 istrator shall be Acting Administrator during the absence 

25 or disability of the Administrator and, unless the SecVerDate Sep 11 2014 00:17 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00923 Fmt 6652 Sfmt 6201 E:\BILLS\S2792.RS S2792

Pbinns on DSKJLVW7X2PROD with BILLS
924 

•S 2792 RS

1 retary designates another individual, during a vacancy in 

2 the office of Administrator. 

3 ‘‘(d) DUTIES AND POWERS VESTED IN SEC4 RETARY.—All duties and powers of the Maritime Adminis5 tration are vested in the Secretary. 

6 ‘‘(e) REGIONAL OFFICES.—The Maritime Adminis7 tration shall have regional offices for the Atlantic, Gulf, 

8 Great Lakes, and Pacific port ranges, and may have other 

9 regional offices as necessary. The Secretary shall appoint 

10 a qualified individual as Director of each regional office. 

11 The Secretary shall carry out appropriate activities and 

12 programs of the Maritime Administration through the re13 gional offices. 

14 ‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.— 

15 The Secretary shall establish and maintain liaison with 

16 other agencies, and with representative trade organiza17 tions throughout the United States, concerned with the 

18 transportation of commodities by water in the export and 

19 import foreign commerce of the United States, for the pur20 pose of securing preference to vessels of the United States 

21 for the transportation of those commodities. 

22 ‘‘(g) DETAILING OFFICERS FROM ARMED FORCES.— 

23 To assist the Secretary in carrying out duties and powers 

24 relating to the Maritime Administration, not more than 

25 five officers of the Armed Forces may be detailed to the 


Pbinns on DSKJLVW7X2PROD with BILLS
925 

•S 2792 RS

1 Secretary at any one time, in addition to details author2 ized by any other law. During the period of a detail, the 

3 Secretary shall pay the officer an amount that, when 

4 added to the officer’s pay and allowances as an officer in 

5 the Armed Forces, makes the officer’s total pay and allow6 ances equal to the amount that would be paid to an indi7 vidual performing work the Secretary considers to be of 

8 similar importance, difficulty, and responsibility as that 

9 performed by the officer during the detail. 

10 ‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, AND

11 AUDITS.— 

12 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE13 MENTS.—In the same manner that a private cor14 poration may make a contract within the scope of its 

15 authority under its charter, the Secretary may make 

16 contracts and cooperative agreements for the United 

17 States Government and disburse amounts to— 

18 ‘‘(A) carry out the Secretary’s duties and 

19 powers under this section, subtitle V of title 46, 

20 and all other Maritime Administration pro21 grams; and 

22 ‘‘(B) protect, preserve, and improve collat23 eral held by the Secretary to secure indebted24 ness. 


Pbinns on DSKJLVW7X2PROD with BILLS
926 

•S 2792 RS

1 ‘‘(2) AUDITS.—The financial transactions of 

2 the Secretary under paragraph (1) shall be audited 

3 by the Comptroller General. The Comptroller Gen4 eral shall allow credit for an expenditure shown to 

5 be necessary because of the nature of the business 

6 activities authorized by this section or subtitle V of 

7 title 46. At least once a year, the Comptroller Gen8 eral shall report to Congress any departure by the 

9 Secretary from this section or subtitle V of title 46. 

10 ‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as 

11 otherwise provided by law, the administrative and related 

12 expenses for the administration of any grant programs by 

13 the Maritime Administrator may not exceed 3 percent. 

14 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(1) IN GENERAL.—Except as otherwise pro16 vided in this subsection, there are authorized to be 

17 appropriated such amounts as may be necessary to 

18 carry out the duties and powers of the Secretary re19 lating to the Maritime Administration. 

20 ‘‘(2) LIMITATIONS.—Only those amounts spe21 cifically authorized by law may be appropriated for 

22 the use of the Maritime Administration for— 

23 ‘‘(A) acquisition, construction, or recon24 struction of vessels; 


Pbinns on DSKJLVW7X2PROD with BILLS
927 

•S 2792 RS

1 ‘‘(B) construction-differential subsidies in2 cident to the construction, reconstruction, or re3 conditioning of vessels; 

4 ‘‘(C) costs of national defense features; 

5 ‘‘(D) payments of obligations incurred for 

6 operating-differential subsidies; 

7 ‘‘(E) expenses necessary for research and 

8 development activities, including reimbursement 

9 of the Vessel Operations Revolving Fund for 

10 losses resulting from expenses of experimental 

11 vessel operations; 

12 ‘‘(F) the Vessel Operations Revolving 

13 Fund; 

14 ‘‘(G) National Defense Reserve Fleet ex15 penses; 

16 ‘‘(H) expenses necessary to carry out part 

17 B of subtitle V of title 46; and 

18 ‘‘(I) other operations and training expenses 

19 related to the development of waterborne trans20 portation systems, the use of waterborne trans21 portation systems, and general administra22 tion.’’. 


Pbinns on DSKJLVW7X2PROD with BILLS
928 

•S 2792 RS

1 DIVISION D—FUNDING TABLES 

2 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA3 BLES. 

4 (a) IN GENERAL.—Whenever a funding table in this 

5 division specifies a dollar amount authorized for a project, 

6 program, or activity, the obligation and expenditure of the 

7 specified dollar amount for the project, program, or activ8 ity is hereby authorized, subject to the availability of ap9 propriations. 

10 (b) MERIT-BASED DECISIONS.—A decision to com11 mit, obligate, or expend funds with or to a specific entity 

12 on the basis of a dollar amount authorized pursuant to 

13 subsection (a) shall— 

14 (1) be based on merit-based selection proce15 dures in accordance with the requirements of sec16 tions 2304(k) and 2374 of title 10, United States 

17 Code, or on competitive procedures; and 

18 (2) comply with other applicable provisions of 

19 law. 

20 (c) RELATIONSHIP TO TRANSFER AND PROGRAM21 MING AUTHORITY.—An amount specified in the funding 

22 tables in this division may be transferred or repro23 grammed under a transfer or reprogramming authority 

24 provided by another provision of this Act or by other law. 

25 The transfer or reprogramming of an amount specified in 


Pbinns on DSKJLVW7X2PROD with BILLS
929 

•S 2792 RS

1 such funding tables shall not count against a ceiling on 

2 such transfers or reprogrammings under section 1001 or 

3 section 1522 of this Act or any other provision of law, 

4 unless such transfer or reprogramming would move funds 

5 between appropriation accounts. 

6 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This 

7 section applies to any classified annex that accompanies 

8 this Act. 

9 (e) ORAL WRITTEN COMMUNICATIONS.—No oral or 

10 written communication concerning any amount specified 

11 in the funding tables in this division shall supersede the 

12 requirements of this section. 

13 TITLE XLI—PROCUREMENT 

14 SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

3 FUTURE UAS FAMILY ..................................................................................................... 0 73,000 

Army UFR--Replace Shadow UAS in 8 BCTs .................................................................... [73,000] 

4 SMALL UNMANNED AIRCRAFT SYSTEM ................................................................... 16,005 16,005 

ROTARY 

7 AH–64 APACHE BLOCK IIIA REMAN ........................................................................... 504,136 504,136 

8 AH–64 APACHE BLOCK IIIA REMAN ........................................................................... 192,230 192,230 

10 UH–60 BLACKHAWK M MODEL (MYP) ........................................................................ 630,263 630,263 

11 UH–60 BLACKHAWK M MODEL (MYP) ........................................................................ 146,068 146,068 

12 UH–60 BLACK HAWK L AND V MODELS .................................................................... 166,205 166,205 

13 CH–47 HELICOPTER ........................................................................................................ 145,218 397,218 

Army UFR—Support minimum sustainment rate ............................................................... [252,000] 

14 CH–47 HELICOPTER ........................................................................................................ 18,559 18,559 

MODIFICATION OF AIRCRAFT 

17 GRAY EAGLE MODS2 ....................................................................................................... 3,143 3,143 

18 MULTI SENSOR ABN RECON ......................................................................................... 127,665 127,665 

19 AH–64 MODS ...................................................................................................................... 118,560 118,560 

20 CH–47 CARGO HELICOPTER MODS (MYP) ................................................................. 9,918 12,918 

CH–47 cargo aircraft modifications ..................................................................................... [3,000] 

21 GRCS SEMA MODS ............................................................................................................ 2,762 2,762 

22 ARL SEMA MODS .............................................................................................................. 9,437 9,437 

23 EMARSS SEMA MODS ...................................................................................................... 1,568 1,568 

24 UTILITY/CARGO AIRPLANE MODS ............................................................................... 8,530 8,530 

25 UTILITY HELICOPTER MODS ....................................................................................... 15,826 15,826 

26 NETWORK AND MISSION PLAN ................................................................................... 29,206 29,206 

27 COMMS, NAV SURVEILLANCE ....................................................................................... 58,117 58,117 

29 AVIATION ASSURED PNT ............................................................................................... 47,028 47,028 

30 GATM ROLLUP .................................................................................................................. 16,776 16,776 

32 UAS MODS .......................................................................................................................... 3,840 3,840 

GROUND SUPPORT AVIONICS 

33 AIRCRAFT SURVIVABILITY EQUIPMENT .................................................................. 64,561 64,561 

34 SURVIVABILITY CM ......................................................................................................... 5,104 5,104 

35 CMWS ................................................................................................................................... 148,570 148,570 


Pbinns on DSKJLVW7X2PROD with BILLS
930 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

36 COMMON INFRARED COUNTERMEASURES (CIRCM) .............................................. 240,412 240,412 

OTHER SUPPORT 

38 COMMON GROUND EQUIPMENT .................................................................................. 13,561 13,561 

39 AIRCREW INTEGRATED SYSTEMS .............................................................................. 41,425 41,425 

40 AIR TRAFFIC CONTROL ................................................................................................. 21,759 21,759 

TOTAL AIRCRAFT PROCUREMENT, ARMY ..................................................... 2,806,452 3,134,452 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

2 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN ......................................... 35,473 35,473 

3 M-SHORAD—PROCUREMENT ........................................................................................ 331,575 331,575 

4 MSE MISSILE ..................................................................................................................... 776,696 776,696 

5 PRECISION STRIKE MISSILE (PRSM) ......................................................................... 166,130 166,130 

6 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I .............................................. 25,253 25,253 

AIR-TO-SURFACE MISSILE SYSTEM 

7 HELLFIRE SYS SUMMARY ............................................................................................. 118,800 118,800 

8 JOINT AIR-TO-GROUND MSLS (JAGM) ........................................................................ 152,177 219,177 

Army UFR—Additional JAGM procurement ...................................................................... [67,000] 

9 LONG RANGE PRECISION MUNITION ......................................................................... 44,744 44,744 

ANTI-TANK/ASSAULT MISSILE SYS 

10 JAVELIN (AAWS-M) SYSTEM SUMMARY ..................................................................... 120,842 135,842 

Army UFR—Light Weight Command Launch Units .......................................................... [15,000] 

11 TOW 2 SYSTEM SUMMARY ............................................................................................. 104,412 104,412 

12 GUIDED MLRS ROCKET (GMLRS) ................................................................................ 935,917 985,917 

Army UFR—Restores GMLRS procurement ....................................................................... [50,000] 

13 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......................................... 29,574 29,574 

14 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS .................................... 128,438 128,438 

16 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS .................................... 68,278 68,278 

MODIFICATIONS 

17 PATRIOT MODS ................................................................................................................. 205,469 205,469 

21 AVENGER MODS ............................................................................................................... 11,227 11,227 

22 ITAS/TOW MODS ............................................................................................................... 4,561 4,561 

23 MLRS MODS ....................................................................................................................... 273,856 273,856 

24 HIMARS MODIFICATIONS .............................................................................................. 7,192 7,192 

SPARES AND REPAIR PARTS 

25 SPARES AND REPAIR PARTS ........................................................................................ 5,019 5,019 

SUPPORT EQUIPMENT & FACILITIES 

26 AIR DEFENSE TARGETS ................................................................................................ 10,618 10,618 

TOTAL MISSILE PROCUREMENT, ARMY .......................................................... 3,556,251 3,688,251 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

1 ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................................................ 104,727 104,727 

2 ASSAULT BREACHER VEHICLE (ABV) ....................................................................... 16,454 16,454 

3 MOBILE PROTECTED FIREPOWER ............................................................................. 286,977 286,977 

MODIFICATION OF TRACKED COMBAT VEHICLES 

5 STRYKER UPGRADE ........................................................................................................ 1,005,028 1,005,028 

6 BRADLEY PROGRAM (MOD) .......................................................................................... 461,385 518,354 

Army UFR—Improved Bradley Acquisition System upgrade ............................................. [56,969] 

7 M109 FOV MODIFICATIONS ........................................................................................... 2,534 2,534 

8 PALADIN INTEGRATED MANAGEMENT (PIM) ......................................................... 446,430 645,930 

Army UFR—PIM increase ................................................................................................... [199,500] 

9 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) .......................................... 52,059 52,059 

10 ASSAULT BRIDGE (MOD) ............................................................................................... 2,136 2,136 

13 JOINT ASSAULT BRIDGE ............................................................................................... 110,773 110,773 

15 ABRAMS UPGRADE PROGRAM ...................................................................................... 981,337 1,350,337 

Army UFR—Abrams ARNG M1A2SEPv3 fielding ............................................................ [369,000] 

16 VEHICLE PROTECTION SYSTEMS (VPS) .................................................................... 80,286 80,286 

WEAPONS & OTHER COMBAT VEHICLES 

18 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ................................... 31,623 31,623 

19 MORTAR SYSTEMS ........................................................................................................... 37,485 50,338 

Army UFR—120mm mortar cannon ................................................................................... [12,853] 

20 XM320 GRENADE LAUNCHER MODULE (GLM) ........................................................ 8,666 8,666 

21 PRECISION SNIPER RIFLE ............................................................................................ 11,040 11,040 

23 CARBINE ............................................................................................................................. 4,434 4,434 

24 NEXT GENERATION SQUAD WEAPON ........................................................................ 97,087 97,087 

26 HANDGUN .......................................................................................................................... 4,930 4,930 

MOD OF WEAPONS AND OTHER COMBAT VEH 

27 MK–19 GRENADE MACHINE GUN MODS .................................................................... 13,027 13,027 

28 M777 MODS ........................................................................................................................ 21,976 23,771 

Army UFR—Software Defined Radio-Hardware Integration Kits ...................................... [1,795] 

30 M2 50 CAL MACHINE GUN MODS ................................................................................. 3,612 21,527 

Army UFR—Additional M2A1s for MATVs ........................................................................ [17,915] 

SUPPORT EQUIPMENT & FACILITIES 

36 ITEMS LESS THAN $5.0M (WOCV-WTCV) .................................................................... 1,068 1,068 

37 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................................................... 90,819 90,819 

TOTAL PROCUREMENT OF W&TCV, ARMY .................................................... 3,875,893 4,533,925 


Pbinns on DSKJLVW7X2PROD with BILLS
931 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

1 CTG, 5.56MM, ALL TYPES ............................................................................................... 47,490 79,890 

Army UFR—Enhanced Performance Round and Tracer .................................................... [32,400] 

2 CTG, 7.62MM, ALL TYPES ............................................................................................... 74,870 74,870 

3 NEXT GENERATION SQUAD WEAPON AMMUNITION ............................................ 76,794 76,794 

4 CTG, HANDGUN, ALL TYPES ........................................................................................ 7,812 7,812 

5 CTG, .50 CAL, ALL TYPES .............................................................................................. 29,716 29,716 

6 CTG, 20MM, ALL TYPES .................................................................................................. 4,371 4,371 

8 CTG, 30MM, ALL TYPES .................................................................................................. 34,511 34,511 

9 CTG, 40MM, ALL TYPES .................................................................................................. 35,231 49,231 

Army UFR—MK19 training and war reserves .................................................................... [14,000] 

MORTAR AMMUNITION 

10 60MM MORTAR, ALL TYPES .......................................................................................... 23,219 23,219 

11 81MM MORTAR, ALL TYPES .......................................................................................... 52,135 52,135 

12 120MM MORTAR, ALL TYPES ........................................................................................ 104,144 104,144 

TANK AMMUNITION 

13 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......................................... 224,503 323,821 

Army UFR—Tank main gun ammo .................................................................................... [99,318] 

ARTILLERY AMMUNITION 

14 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........................................ 26,709 26,709 

15 ARTILLERY PROJECTILE, 155MM, ALL TYPES ........................................................ 174,015 204,859 

Army UFR—Additional inventory ........................................................................................ [30,844] 

16 PROJ 155MM EXTENDED RANGE M982 ...................................................................... 73,498 73,498 

17 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ..................................... 150,873 150,873 

MINES 

18 MINES & CLEARING CHARGES, ALL TYPES ............................................................. 25,980 25,980 

19 CLOSE TERRAIN SHAPING OBSTACLE ...................................................................... 34,761 34,761 

ROCKETS 

20 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................................................. 24,408 24,408 

21 ROCKET, HYDRA 70, ALL TYPES ................................................................................. 109,536 109,536 

OTHER AMMUNITION 

22 CAD/PAD, ALL TYPES ..................................................................................................... 6,549 6,549 

23 DEMOLITION MUNITIONS, ALL TYPES ...................................................................... 27,904 27,904 

24 GRENADES, ALL TYPES ................................................................................................. 37,437 37,437 

25 SIGNALS, ALL TYPES ...................................................................................................... 7,530 7,530 

26 SIMULATORS, ALL TYPES ............................................................................................. 8,350 8,350 

27 REACTIVE ARMOR TILES ............................................................................................... 17,755 17,755 

MISCELLANEOUS 

28 AMMO COMPONENTS, ALL TYPES ............................................................................... 2,784 2,784 

29 ITEMS LESS THAN $5 MILLION (AMMO) ................................................................... 17,797 17,797 

30 AMMUNITION PECULIAR EQUIPMENT ...................................................................... 12,290 12,290 

31 FIRST DESTINATION TRANSPORTATION (AMMO) .................................................. 4,331 4,331 

32 CLOSEOUT LIABILITIES ................................................................................................ 99 99 

PRODUCTION BASE SUPPORT 

34 INDUSTRIAL FACILITIES .............................................................................................. 538,120 642,620 

Army UFR—Demolition of Legacy Nitrate Esters (Nitroglycerin) NG1 Facility, Radford 

Army Ammunition Plant (RFAAP), Virginia .................................................................. [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) construction at Lake City Army 

Ammunition Plant (LCAAP), Missouri ............................................................................ [12,000] 

Army UFR—Solvent Propellant Facility, Preliminary Design, Radford Army Ammunition Plant, Virginia ........................................................................................................... [12,500] 

35 CONVENTIONAL MUNITIONS DEMILITARIZATION ................................................ 139,410 139,410 

36 ARMS INITIATIVE ............................................................................................................ 3,178 3,178 

TOTAL PROCUREMENT OF AMMUNITION, ARMY ....................................... 2,158,110 2,439,172 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

2 SEMITRAILERS, FLATBED: ........................................................................................... 12,539 18,931 

Army UFR—M872 semitrailer ............................................................................................ [6,392] 

3 SEMITRAILERS, TANKERS ............................................................................................ 17,985 17,985 

4 HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................................................ 60,706 60,706 

5 GROUND MOBILITY VEHICLES (GMV) ....................................................................... 29,807 34,807 

Infantry Squad Vehicle ......................................................................................................... [5,000] 

8 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL ....................................... 574,562 694,562 

Army UFR—Additional JLTV fielding ............................................................................... [120,000] 

9 TRUCK, DUMP, 20T (CCE) .............................................................................................. 9,882 9,882 

10 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................................................... 36,885 36,885 

11 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C .................................... 16,450 16,450 

12 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............................................ 26,256 26,256 

13 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) .................................................. 64,282 64,282 

14 PLS ESP .............................................................................................................................. 16,943 16,943 

17 TACTICAL WHEELED VEHICLE PROTECTION KITS .............................................. 17,957 17,957 

18 MODIFICATION OF IN SVC EQUIP ............................................................................... 29,349 29,349 

NON-TACTICAL VEHICLES 

20 PASSENGER CARRYING VEHICLES ............................................................................. 1,232 1,232 


Pbinns on DSKJLVW7X2PROD with BILLS
932 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

21 NONTACTICAL VEHICLES, OTHER ............................................................................. 24,246 24,246 

COMM—JOINT COMMUNICATIONS 

22 SIGNAL MODERNIZATION PROGRAM ......................................................................... 140,036 142,536 

Army UFR—Multi-Domain Task Force All-Domain Operations Center cloud pilot .......... [2,500] 

23 TACTICAL NETWORK TECHNOLOGY MOD IN SVC .................................................. 436,524 436,524 

25 DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI .................................... 3,863 3,863 

26 JCSE EQUIPMENT (USRDECOM) .................................................................................. 4,845 4,845 

COMM—SATELLITE COMMUNICATIONS 

29 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ...................................... 97,369 97,369 

30 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS .............................. 120,550 120,550 

31 SHF TERM .......................................................................................................................... 38,129 38,129 

32 ASSURED POSITIONING, NAVIGATION AND TIMING ............................................. 115,291 115,291 

33 SMART-T (SPACE) ............................................................................................................. 15,407 15,407 

34 GLOBAL BRDCST SVC—GBS ......................................................................................... 2,763 2,763 

COMM—C3 SYSTEM 

37 COE TACTICAL SERVER INFRASTRUCTURE (TSI) .................................................. 99,858 99,858 

COMM—COMBAT COMMUNICATIONS 

38 HANDHELD MANPACK SMALL FORM FIT (HMS) .................................................... 775,069 775,069 

40 ARMY LINK 16 SYSTEMS ................................................................................................ 17,749 17,749 

42 UNIFIED COMMAND SUITE ........................................................................................... 17,984 17,984 

43 COTS COMMUNICATIONS EQUIPMENT ...................................................................... 191,702 191,702 

44 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ...................................... 15,957 15,957 

45 ARMY COMMUNICATIONS & ELECTRONICS .............................................................. 89,441 89,441 

COMM—INTELLIGENCE COMM 

47 CI AUTOMATION ARCHITECTURE-INTEL ................................................................. 13,317 13,317 

48 DEFENSE MILITARY DECEPTION INITIATIVE ........................................................ 5,207 5,207 

49 MULTI-DOMAIN INTELLIGENCE .................................................................................. 20,095 20,095 

INFORMATION SECURITY 

51 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ............................................... 987 987 

52 COMMUNICATIONS SECURITY (COMSEC) .................................................................. 126,273 126,273 

53 DEFENSIVE CYBER OPERATIONS ............................................................................... 27,389 31,489 

Army UFR—Cybersecurity / IT Network Mapping ............................................................. [4,100] 

56 SIO CAPABILITY ............................................................................................................... 21,303 21,303 

57 BIOMETRIC ENABLING CAPABILITY (BEC) .............................................................. 914 914 

COMM—LONG HAUL COMMUNICATIONS 

59 BASE SUPPORT COMMUNICATIONS ............................................................................ 9,209 9,209 

COMM—BASE COMMUNICATIONS 

60 INFORMATION SYSTEMS ............................................................................................... 219,026 219,026 

61 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM .................................. 4,875 4,875 

64 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ................................... 223,001 225,041 

EUCOM UFR—Mission Partner Environment ................................................................... [2,040] 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

67 JTT/CIBS-M ........................................................................................................................ 5,463 5,463 

68 TERRESTRIAL LAYER SYSTEMS (TLS) ...................................................................... 39,240 39,240 

70 DCGS-A-INTEL ................................................................................................................... 92,613 119,563 

Army UFR—Additional fixed node cloud servers ................................................................ [26,950] 

71 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL ............................................ 8,088 8,088 

72 TROJAN ............................................................................................................................... 30,828 30,828 

73 MOD OF IN-SVC EQUIP (INTEL SPT) .......................................................................... 39,039 39,039 

74 BIOMETRIC TACTICAL COLLECTION DEVICES ....................................................... 11,097 11,097 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

76 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................................................. 783 783 

77 AIR VIGILANCE (AV) ........................................................................................................ 13,486 13,486 

79 FAMILY OF PERSISTENT SURVEILLANCE CAP. ...................................................... 14,414 14,414 

80 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ................................ 19,111 19,111 

81 CI MODERNIZATION ........................................................................................................ 421 421 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

82 SENTINEL MODS .............................................................................................................. 47,642 47,642 

83 NIGHT VISION DEVICES ................................................................................................ 1,092,341 822,575 

Program reduction—IVAS early to need ............................................................................. [–269,766] 

84 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............................................ 21,103 21,103 

85 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............................................ 6,153 6,153 

86 FAMILY OF WEAPON SIGHTS (FWS) ........................................................................... 184,145 184,145 

87 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ................................. 2,371 2,371 

88 FORWARD LOOKING INFRARED (IFLIR) ................................................................... 11,929 11,929 

89 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) ................................... 60,058 60,058 

90 JOINT BATTLE COMMAND—PLATFORM (JBC-P) .................................................... 263,661 263,661 

91 JOINT EFFECTS TARGETING SYSTEM (JETS) ......................................................... 62,082 62,082 

93 COMPUTER BALLISTICS: LHMBC XM32 ..................................................................... 2,811 2,811 

94 MORTAR FIRE CONTROL SYSTEM .............................................................................. 17,236 17,236 

95 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS ............................................ 2,830 2,830 

96 COUNTERFIRE RADARS ................................................................................................. 31,694 31,694 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

97 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( ................................ 49,410 49,410 

98 FIRE SUPPORT C2 FAMILY ........................................................................................... 9,853 9,853

99 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................................................. 67,193 67,193 

100 IAMD BATTLE COMMAND SYSTEM ............................................................................. 301,872 301,872 

101 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ............................................................... 5,182 5,182 


Pbinns on DSKJLVW7X2PROD with BILLS
933 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

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 (IPP ................................... 16,077 16,077 

107 MOD OF IN-SVC EQUIPMENT (ENFIRE) ..................................................................... 3,160 3,160 

ELECT EQUIP—AUTOMATION 

108 ARMY TRAINING MODERNIZATION ............................................................................ 9,833 9,833 

109 AUTOMATED DATA PROCESSING EQUIP .................................................................. 130,924 133,924 

Army UFR—ATRRS unlimited data rights ........................................................................ [3,000] 

110 ACCESSIONS INFORMATION ENVIRONMENT (AIE) ................................................ 44,635 44,635 

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 66,932 

CNGB UFR—Man portable radiological detection system .................................................. [11,300] 

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 75,159 

Army UFR—Additional HMDS ........................................................................................... [48,336] 

131 ROBOTICS AND APPLIQUE SYSTEMS ......................................................................... 124,233 134,237 

Army UFR—Common Robotic System-Individual (CRS-I) ................................................. [10,004] 

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 7,116 

135 SOLDIER ENHANCEMENT ............................................................................................. 1,286 1,286

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 14,756 

CONSTRUCTION EQUIPMENT 

154 ALL TERRAIN CRANES ................................................................................................... 112,784 112,784 

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) ......................................................... 122,104 122,104 

168 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .................................. 11,642 11,642 

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 48,292 

Expeditionary solid waste disposal system ........................................................................... [15,900] 


Pbinns on DSKJLVW7X2PROD with BILLS
934 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

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 8,880,492 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

1 F/A–18E/F (FIGHTER) HORNET .................................................................................... 87,832 87,832 

3 JOINT STRIKE FIGHTER CV ......................................................................................... 2,111,009 2,646,009 

Navy UFR—Additional F–35C ............................................................................................ [535,000] 

4 JOINT STRIKE FIGHTER CV ......................................................................................... 246,781 246,781 

5 JSF STOVL ......................................................................................................................... 2,256,829 2,256,829 

6 JSF STOVL ......................................................................................................................... 216,720 345,520 

Marine Corps UFR—F–35 peculiar ground support equipment ......................................... [128,800] 

7 CH–53K (HEAVY LIFT) .................................................................................................... 1,286,296 1,536,296 

Additional aircraft ................................................................................................................ [250,000] 

8 CH–53K (HEAVY LIFT) .................................................................................................... 182,871 182,871 

9 V–22 (MEDIUM LIFT) ....................................................................................................... 751,716 1,123,716 

Marine Corps UFR—MV–22 nacelle maintenance stands ................................................... [18,000] 

Marine Corps UFR—MV–22 support equipment ................................................................ [15,000] 

Marine Corps UFR—MV–22 tooling for WESTPAC .......................................................... [4,600] 

Navy UFR—Additional V–22B ............................................................................................ [334,400] 

11 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................................................... 939 939 

13 P–8A POSEIDON ................................................................................................................ 44,595 44,595 

14 E–2D ADV HAWKEYE ...................................................................................................... 766,788 957,788 

Navy UFR—Additional E–2D ............................................................................................. [191,000] 

15 E–2D ADV HAWKEYE ...................................................................................................... 118,095 118,095 

TRAINER AIRCRAFT 

16 ADVANCED HELICOPTER TRAINING SYSTEM ......................................................... 163,490 163,490 

OTHER AIRCRAFT 

17 KC–130J ............................................................................................................................... 520,787 1,055,987 

Marine Corps UFR—KC–130J weapons system trainer ..................................................... [31,500] 

Marine Corps UFR—Replace KC–130J aircraft ................................................................. [197,900] 

Navy UFR—Additional C–130J–30 .................................................................................... [305,800] 

18 KC–130J ............................................................................................................................... 68,088 68,088 

21 MQ–4 TRITON .................................................................................................................... 160,151 483,151 

Additional aircraft ................................................................................................................ [323,000] 

23 MQ–8 UAV ........................................................................................................................... 49,249 49,249 

24 STUASL0 UAV .................................................................................................................... 13,151 13,151 

25 MQ–25 .................................................................................................................................. 47,468 47,468 

27 MARINE GROUP 5 UAS .................................................................................................... 233,686 293,686 

Marine Corps UFR—Additional aircraft ............................................................................. [40,000] 

Marine Corps UFR—Additional ground control stations .................................................... [20,000] 

MODIFICATION OF AIRCRAFT 

30 F–18 A-D UNIQUE ............................................................................................................. 163,095 245,595 

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] 

31 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM ..................................... 482,899 482,899 

32 MARINE GROUP 5 UAS SERIES .................................................................................... 1,982 1,982 

33 AEA SYSTEMS ................................................................................................................... 23,296 23,296 

34 AV–8 SERIES ...................................................................................................................... 17,882 17,882 

35 INFRARED SEARCH AND TRACK (IRST) .................................................................... 138,827 138,827 

36 ADVERSARY ....................................................................................................................... 143,571 155,971 

Marine Corps UFR—Upgrade of current VMFT–401 adversary aircraft .......................... [12,400] 

37 F–18 SERIES ...................................................................................................................... 327,571 327,571 

38 H–53 SERIES ...................................................................................................................... 112,436 112,436 

39 MH–60 SERIES ................................................................................................................... 94,794 94,794 

40 H–1 SERIES ........................................................................................................................ 124,194 124,194 

41 EP–3 SERIES ...................................................................................................................... 28,848 28,848 

42 E–2 SERIES ........................................................................................................................ 204,826 204,826 

43 TRAINER A/C SERIES ...................................................................................................... 7,849 7,849 

44 C–2A ..................................................................................................................................... 2,843 2,843 

45 C–130 SERIES .................................................................................................................... 145,610 145,610 

46 FEWSG ................................................................................................................................ 734 734 

47 CARGO/TRANSPORT A/C SERIES .................................................................................. 10,682 10,682 

48 E–6 SERIES ........................................................................................................................ 128,029 128,029 

49 EXECUTIVE HELICOPTERS SERIES ........................................................................... 45,326 45,326 

51 T–45 SERIES ...................................................................................................................... 158,772 158,772 

52 POWER PLANT CHANGES .............................................................................................. 24,915 24,915 

53 JPATS SERIES ................................................................................................................... 22,955 22,955 

54 AVIATION LIFE SUPPORT MODS ................................................................................. 2,477 2,477 

55 COMMON ECM EQUIPMENT .......................................................................................... 119,574 127,174 

Marine Corps UFR—F–18 ALE–39 to ALE–47 retrofit ................................................... [7,600] 

56 COMMON AVIONICS CHANGES ..................................................................................... 118,839 118,839 

57 COMMON DEFENSIVE WEAPON SYSTEM .................................................................. 5,476 5,476 

58 ID SYSTEMS ....................................................................................................................... 13,154 13,154 

59 P–8 SERIES ........................................................................................................................ 131,298 161,998 


Pbinns on DSKJLVW7X2PROD with BILLS
935 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

Navy UFR—P–8A Inc III kits ............................................................................................ [30,700] 

60 MAGTF EW FOR AVIATION ............................................................................................ 29,151 35,451 

Marine Corps UFR—Increase EW of AN/ALQ–231(V)3 ................................................... [6,300] 

61 MQ–8 SERIES ..................................................................................................................... 31,624 31,624 

62 V–22 (TILT/ROTOR ACFT) OSPREY .............................................................................. 312,835 352,135 

Marine Corps UFR—MV–22 Mesh Network Manager ........................................................ [39,300] 

63 NEXT GENERATION JAMMER (NGJ) ........................................................................... 266,676 266,676 

64 F–35 STOVL SERIES ........................................................................................................ 177,054 177,054 

65 F–35 CV SERIES ................................................................................................................ 138,269 138,269 

66 QRC ...................................................................................................................................... 98,563 98,563 

67 MQ–4 SERIES ..................................................................................................................... 7,100 7,100 

68 RQ–21 SERIES ................................................................................................................... 14,123 14,123 

AIRCRAFT SPARES AND REPAIR PARTS 

72 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 

73 COMMON GROUND EQUIPMENT .................................................................................. 517,267 517,267 

74 AIRCRAFT INDUSTRIAL FACILITIES .......................................................................... 80,500 80,500 

75 WAR CONSUMABLES ....................................................................................................... 42,496 42,496 

76 OTHER PRODUCTION CHARGES .................................................................................. 21,374 21,374 

77 SPECIAL SUPPORT EQUIPMENT ................................................................................. 271,774 271,774 

TOTAL AIRCRAFT PROCUREMENT, NAVY ...................................................... 16,477,178 19,178,878 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

1 TRIDENT II MODS ............................................................................................................ 1,144,446 1,144,446 

SUPPORT EQUIPMENT & FACILITIES 

2 MISSILE INDUSTRIAL FACILITIES ............................................................................. 7,319 7,319 

STRATEGIC MISSILES 

3 TOMAHAWK ....................................................................................................................... 124,513 124,513 

TACTICAL MISSILES 

5 SIDEWINDER ..................................................................................................................... 86,366 86,366 

6 STANDARD MISSILE ........................................................................................................ 521,814 521,814 

7 STANDARD MISSILE ........................................................................................................ 45,357 45,357 

8 JASSM .................................................................................................................................. 37,039 37,039 

9 SMALL DIAMETER BOMB II .......................................................................................... 40,877 40,877

10 RAM ...................................................................................................................................... 92,981 92,981 

11 JOINT AIR GROUND MISSILE (JAGM) ........................................................................ 49,702 49,702 

12 HELLFIRE .......................................................................................................................... 7,557 7,557 

13 AERIAL TARGETS ............................................................................................................ 150,339 150,339 

14 DRONES AND DECOYS .................................................................................................... 30,321 30,321 

15 OTHER MISSILE SUPPORT ............................................................................................ 3,474 16,074 

Marine Corps UFR—AGM–167A Griffin ............................................................................ [12,600] 

16 LRASM ................................................................................................................................. 161,212 161,212 

17 NAVAL STRIKE MISSILE (NSM) .................................................................................... 59,331 113,231

Navy UFR—Additional NSM ............................................................................................... [53,900] 

MODIFICATION OF MISSILES 

18 TOMAHAWK MODS ........................................................................................................... 206,233 206,233 

19 ESSM .................................................................................................................................... 248,619 248,619 

21 AARGM ................................................................................................................................ 116,345 116,345 

22 STANDARD MISSILES MODS ......................................................................................... 148,834 148,834 

SUPPORT EQUIPMENT & FACILITIES 

23 WEAPONS INDUSTRIAL FACILITIES .......................................................................... 1,819 1,819 

ORDNANCE SUPPORT EQUIPMENT 

26 ORDNANCE SUPPORT EQUIPMENT ............................................................................ 191,905 191,905 

TORPEDOES AND RELATED EQUIP 

27 SSTD .................................................................................................................................... 4,545 4,545 

28 MK–48 TORPEDO .............................................................................................................. 159,107 209,007 

Navy UFR—Heavyweight Torpedo (HWT) quantity increase ............................................ [49,900] 

29 ASW TARGETS ................................................................................................................... 13,630 13,630 

MOD OF TORPEDOES AND RELATED EQUIP 

30 MK–54 TORPEDO MODS .................................................................................................. 106,112 106,112 

31 MK–48 TORPEDO ADCAP MODS .................................................................................... 35,680 35,680 

32 MARITIME MINES ............................................................................................................ 8,567 8,567 

SUPPORT EQUIPMENT 

33 TORPEDO SUPPORT EQUIPMENT ............................................................................... 93,400 93,400 

34 ASW RANGE SUPPORT .................................................................................................... 3,997 3,997 

DESTINATION TRANSPORTATION 

35 FIRST DESTINATION TRANSPORTATION .................................................................. 4,023 4,023 

GUNS AND GUN MOUNTS 

36 SMALL ARMS AND WEAPONS ....................................................................................... 14,909 14,909 

MODIFICATION OF GUNS AND GUN MOUNTS 

37 CIWS MODS ........................................................................................................................ 6,274 6,274 

38 COAST GUARD WEAPONS .............................................................................................. 45,958 45,958 

39 GUN MOUNT MODS .......................................................................................................... 68,775 68,775 

40 LCS MODULE WEAPONS ................................................................................................ 2,121 2,121 


Pbinns on DSKJLVW7X2PROD with BILLS
936 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

41 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................................................... 14,822 14,822 

SPARES AND REPAIR PARTS 

43 SPARES AND REPAIR PARTS ........................................................................................ 162,382 166,682 

Navy UFR—Maritime outfitting and interim spares ........................................................... [4,300] 

TOTAL WEAPONS PROCUREMENT, NAVY ....................................................... 4,220,705 4,341,405 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

1 GENERAL PURPOSE BOMBS ......................................................................................... 48,635 48,635 

2 JDAM ................................................................................................................................... 74,140 74,140 

3 AIRBORNE ROCKETS, ALL TYPES ............................................................................... 75,383 75,383 

4 MACHINE GUN AMMUNITION ....................................................................................... 11,215 11,215 

5 PRACTICE BOMBS ............................................................................................................ 52,225 52,225 

6 CARTRIDGES & CART ACTUATED DEVICES ............................................................. 70,876 70,876 

7 AIR EXPENDABLE COUNTERMEASURES .................................................................. 61,600 103,200 

Marine Corps UFR—Additional units ................................................................................. [41,600] 

8 JATOS .................................................................................................................................. 6,620 6,620 

9 5 INCH/54 GUN AMMUNITION ....................................................................................... 28,922 28,922 

10 INTERMEDIATE CALIBER GUN AMMUNITION ........................................................ 36,038 36,038 

11 OTHER SHIP GUN AMMUNITION ................................................................................. 39,070 39,070 

12 SMALL ARMS & LANDING PARTY AMMO ................................................................... 45,493 45,493 

13 PYROTECHNIC AND DEMOLITION .............................................................................. 9,163 9,163 

15 AMMUNITION LESS THAN $5 MILLION ..................................................................... 1,575 1,575 

MARINE CORPS AMMUNITION 

16 MORTARS ........................................................................................................................... 50,707 50,707 

17 DIRECT SUPPORT MUNITIONS .................................................................................... 120,037 120,037 

18 INFANTRY WEAPONS AMMUNITION ........................................................................... 94,001 94,001 

19 COMBAT SUPPORT MUNITIONS ................................................................................... 35,247 35,247 

20 AMMO MODERNIZATION ................................................................................................ 16,267 16,267 

21 ARTILLERY MUNITIONS ................................................................................................ 105,669 105,669 

22 ITEMS LESS THAN $5 MILLION ................................................................................... 5,135 5,135 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ........................................... 988,018 1,029,618 

SHIPBUILDING AND CONVERSION, NAVY 

FLEET BALLISTIC MISSILE SHIPS 

1 OHIO REPLACEMENT SUBMARINE ............................................................................. 3,003,000 3,003,000 

2 OHIO REPLACEMENT SUBMARINE ............................................................................. 1,643,980 1,773,980 

Submarine industrial base development ............................................................................... [130,000] 

OTHER WARSHIPS 

3 CARRIER REPLACEMENT PROGRAM .......................................................................... 1,068,705 1,068,705 

4 CVN–81 ................................................................................................................................ 1,299,764 1,299,764 

5 VIRGINIA CLASS SUBMARINE ...................................................................................... 4,249,240 4,249,240 

6 VIRGINIA CLASS SUBMARINE ...................................................................................... 2,120,407 2,120,407 

7 CVN REFUELING OVERHAULS ..................................................................................... 2,456,018 2,456,018 

8 CVN REFUELING OVERHAULS ..................................................................................... 66,262 66,262 

9 DDG 1000 ............................................................................................................................ 56,597 71,597 

Navy UFR—DDG–1001 combat system activation ............................................................. [15,000] 

10 DDG–51 ................................................................................................................................ 2,016,787 3,675,787 

Navy UFR—Arleigh Burke-class destroyer DDG–51 .......................................................... [1,659,000] 

11 DDG–51 AP ......................................................................................................................... 0 175,000 

FY23 3rd DDG LLTM ........................................................................................................ [125,000] 

Surface combatant supplier base .......................................................................................... [50,000] 

13 FFG-FRIGATE .................................................................................................................... 1,087,900 1,087,900 

14 FFG-FRIGATE .................................................................................................................... 69,100 69,100 

AMPHIBIOUS SHIPS 

15 LPD FLIGHT II .................................................................................................................. 60,636 60,636 

16 LPD FLIGHT II .................................................................................................................. 0 250,000 

Program increase .................................................................................................................. [250,000] 

19 LHA REPLACEMENT ....................................................................................................... 68,637 418,637 

Program increase .................................................................................................................. [350,000] 

20 EXPEDITIONARY FAST TRANSPORT (EPF) .............................................................. 0 270,000 

Program increase .................................................................................................................. [270,000] 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

21 TAO FLEET OILER ........................................................................................................... 668,184 668,184 

22 TAO FLEET OILER ........................................................................................................... 76,012 76,012 

23 TAGOS SURTASS SHIPS .................................................................................................. 434,384 434,384 

24 TOWING, SALVAGE, AND RESCUE SHIP (ATS) ......................................................... 183,800 183,800 

25 LCU 1700 ............................................................................................................................. 67,928 67,928 

26 OUTFITTING ...................................................................................................................... 655,707 655,707 

27 SHIP TO SHORE CONNECTOR ...................................................................................... 156,738 156,738

28 SERVICE CRAFT ............................................................................................................... 67,866 67,866 

29 LCAC SLEP ......................................................................................................................... 32,712 32,712 

30 AUXILIARY VESSELS (USED SEALIFT) ...................................................................... 299,900 0 

Program reduction ................................................................................................................ [–299,900] 

31 COMPLETION OF PY SHIPBUILDING PROGRAMS ................................................... 660,795 660,795 

TOTAL SHIPBUILDING AND CONVERSION, NAVY ...................................... 22,571,059 25,120,159 

OTHER PROCUREMENT, NAVY 


Pbinns on DSKJLVW7X2PROD with BILLS
937 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

SHIP PROPULSION EQUIPMENT 

1 SURFACE POWER EQUIPMENT .................................................................................... 41,414 41,414 

GENERATORS 

2 SURFACE COMBATANT HM&E ...................................................................................... 83,746 83,746 

NAVIGATION EQUIPMENT 

3 OTHER NAVIGATION EQUIPMENT .............................................................................. 72,300 72,300 

OTHER SHIPBOARD EQUIPMENT 

4 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ............................................. 234,932 234,932 

5 DDG MOD ........................................................................................................................... 583,136 583,136 

6 FIREFIGHTING EQUIPMENT ........................................................................................ 15,040 15,040 

7 COMMAND AND CONTROL SWITCHBOARD ............................................................... 2,194 2,194 

8 LHA/LHD MIDLIFE .......................................................................................................... 133,627 133,627 

9 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM .................................................... 4,387 4,387 

10 POLLUTION CONTROL EQUIPMENT ........................................................................... 18,159 18,159 

11 SUBMARINE SUPPORT EQUIPMENT ........................................................................... 88,284 88,284 

12 VIRGINIA CLASS SUPPORT EQUIPMENT ................................................................... 22,669 22,669 

13 LCS CLASS SUPPORT EQUIPMENT ............................................................................. 9,640 9,640 

14 SUBMARINE BATTERIES ............................................................................................... 21,834 21,834 

15 LPD CLASS SUPPORT EQUIPMENT ............................................................................. 34,292 34,292 

16 DDG 1000 CLASS SUPPORT EQUIPMENT ................................................................... 126,107 126,107 

17 STRATEGIC PLATFORM SUPPORT EQUIP ................................................................. 12,256 12,256 

18 DSSP EQUIPMENT ........................................................................................................... 10,682 10,682 

19 CG MODERNIZATION ....................................................................................................... 156,951 193,651 

Navy UFR—CG Modernization Pricing ............................................................................... [36,700] 

20 LCAC .................................................................................................................................... 21,314 21,314 

21 UNDERWATER EOD EQUIPMENT ................................................................................ 24,146 24,146 

22 ITEMS LESS THAN $5 MILLION ................................................................................... 84,789 84,789 

23 CHEMICAL WARFARE DETECTORS ............................................................................ 2,997 2,997 

REACTOR PLANT EQUIPMENT 

25 SHIP MAINTENANCE, REPAIR AND MODERNIZATION .......................................... 1,307,651 1,475,051 

Navy UFR—A–120 availability ............................................................................................ [167,400] 

26 REACTOR POWER UNITS ............................................................................................... 3,270 3,270 

27 REACTOR COMPONENTS ................................................................................................ 438,729 438,729 

OCEAN ENGINEERING 

28 DIVING AND SALVAGE EQUIPMENT ........................................................................... 10,772 10,772 

SMALL BOATS 

29 STANDARD BOATS ........................................................................................................... 58,770 58,770 

PRODUCTION FACILITIES EQUIPMENT 

30 OPERATING FORCES IPE ............................................................................................... 168,822 168,822 

OTHER SHIP SUPPORT 

31 LCS COMMON MISSION MODULES EQUIPMENT ...................................................... 74,231 74,231 

32 LCS MCM MISSION MODULES ....................................................................................... 40,630 40,630 

33 LCS ASW MISSION MODULES ....................................................................................... 1,565 1,565 

34 LCS SUW MISSION MODULES ....................................................................................... 3,395 3,395 

35 LCS IN-SERVICE MODERNIZATION ............................................................................. 122,591 122,591 

36 SMALL & MEDIUM UUV .................................................................................................. 32,534 32,534 

SHIP SONARS 

38 SPQ–9B RADAR ................................................................................................................. 15,927 15,927 

39 AN/SQQ–89 SURF ASW COMBAT SYSTEM ................................................................... 131,829 131,829 

40 SSN ACOUSTIC EQUIPMENT ......................................................................................... 379,850 379,850 

41 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................................................ 13,965 13,965 

ASW ELECTRONIC EQUIPMENT 

42 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................................................. 24,578 24,578 

43 SSTD .................................................................................................................................... 11,010 11,010 

44 FIXED SURVEILLANCE SYSTEM ................................................................................. 363,651 363,651 

45 SURTASS ............................................................................................................................. 67,500 67,500 

ELECTRONIC WARFARE EQUIPMENT 

46 AN/SLQ–32 .......................................................................................................................... 370,559 370,559 

RECONNAISSANCE EQUIPMENT 

47 SHIPBOARD IW EXPLOIT ............................................................................................... 261,735 261,735 

48 AUTOMATED IDENTIFICATION SYSTEM (AIS) ........................................................ 3,777 3,777 

OTHER SHIP ELECTRONIC EQUIPMENT 

49 COOPERATIVE ENGAGEMENT CAPABILITY ............................................................. 24,641 61,541 

Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) ............................................................................................. [23,600] 

Navy UFR—Maritime outfitting and interim spares ........................................................... [13,300] 

50 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ................................... 14,439 16,639 

Navy UFR—Naval Operational Business Logistics Enterprise (NOBLE) ......................... [2,200] 

51 ATDLS ................................................................................................................................. 101,595 101,595 

52 NAVY COMMAND AND CONTROL SYSTEM (NCCS) .................................................. 3,535 3,535 

53 MINESWEEPING SYSTEM REPLACEMENT ................................................................ 15,640 15,640 

54 SHALLOW WATER MCM .................................................................................................. 5,610 5,610 

55 NAVSTAR GPS RECEIVERS (SPACE) ............................................................................ 33,097 33,097 

56 AMERICAN FORCES RADIO AND TV SERVICE ......................................................... 2,513 2,513 

57 STRATEGIC PLATFORM SUPPORT EQUIP ................................................................. 4,823 4,823 

AVIATION ELECTRONIC EQUIPMENT 

58 ASHORE ATC EQUIPMENT ............................................................................................ 83,464 83,464 

59 AFLOAT ATC EQUIPMENT ............................................................................................. 67,055 67,055 


Pbinns on DSKJLVW7X2PROD with BILLS
938 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

60 ID SYSTEMS ....................................................................................................................... 46,918 46,918 

61 JOINT PRECISION APPROACH AND LANDING SYSTEM ( ..................................... 35,386 35,386 

62 NAVAL MISSION PLANNING SYSTEMS ....................................................................... 17,951 17,951 

OTHER SHORE ELECTRONIC EQUIPMENT 

63 MARITIME INTEGRATED BROADCAST SYSTEM ...................................................... 2,360 2,360 

64 TACTICAL/MOBILE C4I SYSTEMS ................................................................................ 18,919 18,919 

65 DCGS-N ................................................................................................................................ 16,691 16,691 

66 CANES ................................................................................................................................. 412,002 460,002 

Navy UFR—Resilient Communications PNT for Combat Logistics Fleet (CLF) .............. [48,000] 

67 RADIAC ............................................................................................................................... 9,074 9,074 

68 CANES-INTELL ................................................................................................................. 51,593 51,593 

69 GPETE ................................................................................................................................. 23,930 23,930 

70 MASF ................................................................................................................................... 8,795 8,795 

71 INTEG COMBAT SYSTEM TEST FACILITY ................................................................. 5,829 5,829 

72 EMI CONTROL INSTRUMENTATION ........................................................................... 3,925 3,925 

73 ITEMS LESS THAN $5 MILLION ................................................................................... 156,042 181,242

Navy UFR—CVN–78 Dual Band Radar and DDG–1000 Multifunction Radar: Signal 

Data Processor Tech Refresh and Obsolete Component Redesign .................................. [25,200] 

SHIPBOARD COMMUNICATIONS 

74 SHIPBOARD TACTICAL COMMUNICATIONS .............................................................. 43,212 43,212 

75 SHIP COMMUNICATIONS AUTOMATION .................................................................... 90,724 101,224 

Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) ............................................................................................. [5,500] 

Navy UFR—Resilient Communications and PNT for Combat Logistics Fleet (CLF) ....... [5,000] 

76 COMMUNICATIONS ITEMS UNDER $5M ..................................................................... 44,447 44,447 

SUBMARINE COMMUNICATIONS 

77 SUBMARINE BROADCAST SUPPORT ........................................................................... 47,579 47,579 

78 SUBMARINE COMMUNICATION EQUIPMENT ........................................................... 64,642 64,642 

SATELLITE COMMUNICATIONS 

79 SATELLITE COMMUNICATIONS SYSTEMS ................................................................ 38,636 38,636 

80 NAVY MULTIBAND TERMINAL (NMT) ........................................................................ 34,723 34,723 

SHORE COMMUNICATIONS 

81 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........................................ 2,651 2,651 

CRYPTOGRAPHIC EQUIPMENT 

82 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................................................ 146,879 146,879 

83 MIO INTEL EXPLOITATION TEAM .............................................................................. 977 977 

CRYPTOLOGIC EQUIPMENT 

84 CRYPTOLOGIC COMMUNICATIONS EQUIP ................................................................ 17,809 17,809 

OTHER ELECTRONIC SUPPORT 

92 COAST GUARD EQUIPMENT .......................................................................................... 63,214 63,214

SONOBUOYS 

94 SONOBUOYS—ALL TYPES ............................................................................................. 249,121 303,521 

Navy UFR—Additional sonobuoys ....................................................................................... [54,400] 

AIRCRAFT SUPPORT EQUIPMENT 

95 MINOTAUR ......................................................................................................................... 4,963 4,963 

96 WEAPONS RANGE SUPPORT EQUIPMENT ................................................................ 98,898 98,898 

97 AIRCRAFT SUPPORT EQUIPMENT .............................................................................. 178,647 178,647 

98 ADVANCED ARRESTING GEAR (AAG) ......................................................................... 22,265 22,265 

99 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 ....................................................................... 237,987 280,487 

Navy UFR—Additional OTH-WS ........................................................................................ [42,500] 

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 48,403 

119 FIRE FIGHTING EQUIPMENT ....................................................................................... 15,084 15,084

120 TACTICAL VEHICLES ...................................................................................................... 27,400 27,400 


Pbinns on DSKJLVW7X2PROD with BILLS
939 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

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 26,146 

Navy UFR—Expeditionary medical readiness ..................................................................... [18,800] 

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 ............................................................................. 110,647 110,647 

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 

9999 CLASSIFIED PROGRAMS ................................................................................................ 19,808 19,808 

SPARES AND REPAIR PARTS 

143 SPARES AND REPAIR PARTS ........................................................................................ 424,405 626,005 

Navy UFR—DDG–1000 and CVN–78 Dual Band Radar spares ....................................... [108,900] 

Navy UFR—Maritime outfitting and interim spares ........................................................... [92,700] 

TOTAL OTHER PROCUREMENT, NAVY ............................................................. 10,875,912 11,520,112 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

1 AAV7A1 PIP ........................................................................................................................ 36,836 36,836 

2 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES ..................................... 532,355 532,355 

3 LAV PIP ............................................................................................................................... 23,476 23,476 

ARTILLERY AND OTHER WEAPONS 

4 155MM LIGHTWEIGHT TOWED HOWITZER .............................................................. 32 32 

5 ARTILLERY WEAPONS SYSTEM ................................................................................... 67,548 221,348 

Marine Corps UFR—Ground-launched anti-ship missiles ................................................... [57,800] 

Marine Corps UFR—Ground-launched long range fires ..................................................... [96,000] 

6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .................................... 35,402 35,402 

GUIDED MISSILES 

8 GROUND BASED AIR DEFENSE ................................................................................... 9,349 9,349 

9 ANTI-ARMOR MISSILE-JAVELIN .................................................................................. 937 937 

10 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ............................................ 20,481 20,481 

11 ANTI-ARMOR MISSILE-TOW ........................................................................................... 14,359 14,359 

12 GUIDED MLRS ROCKET (GMLRS) ................................................................................ 98,299 98,299 

COMMAND AND CONTROL SYSTEMS 

13 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C ................................ 18,247 18,247 

REPAIR AND TEST EQUIPMENT 

14 REPAIR AND TEST EQUIPMENT .................................................................................. 33,554 33,554 

OTHER SUPPORT (TEL) 

15 MODIFICATION KITS ....................................................................................................... 167 167 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

16 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................................................ 64,879 133,779 

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 .................................................. [43,000] 

17 AIR OPERATIONS C2 SYSTEMS .................................................................................... 1,291 3,291 

Marine Corps UFR—CEC (AN/USG–4B) .......................................................................... [2,000] 

RADAR + EQUIPMENT (NON-TEL) 

19 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 systems ............................... [44,000] 

INTELL/COMM EQUIPMENT (NON-TEL) 

20 GCSS-MC .............................................................................................................................. 604 604 

21 FIRE SUPPORT SYSTEM ................................................................................................. 39,810 39,810 

22 INTELLIGENCE SUPPORT EQUIPMENT .................................................................... 67,309 72,909 

Marine Corps UFR—SCINet equipment ............................................................................. [5,600] 

24 UNMANNED AIR SYSTEMS (INTEL) ............................................................................ 24,299 24,299 

25 DCGS-MC ............................................................................................................................. 28,633 28,633 

26 UAS PAYLOADS ................................................................................................................. 3,730 3,730 

OTHER SUPPORT (NON-TEL) 

29 NEXT GENERATION ENTERPRISE NETWORK (NGEN) .......................................... 97,060 116,060 

Marine Corps UFR—Network infrastructure compliance/NGEN ....................................... [19,000] 

30 COMMON COMPUTER RESOURCES .............................................................................. 83,606 97,406 

Marine Corps UFR—MC Hardware Suite End User Devices refresh ................................ [6,300] 


Pbinns on DSKJLVW7X2PROD with BILLS
940 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

Marine Corps UFR—Secure Operational Network Infrastructure and Communications 

modernization .................................................................................................................... [7,500] 

31 COMMAND POST SYSTEMS ............................................................................................ 53,708 53,708 

32 RADIO SYSTEMS ............................................................................................................... 468,678 468,678 

33 COMM SWITCHING & CONTROL SYSTEMS ................................................................ 49,600 49,600 

34 COMM & ELEC INFRASTRUCTURE SUPPORT ........................................................... 110,835 116,635 

Marine Corps UFR—Base telecommunications equipment upgrades .................................. [5,800] 

35 CYBERSPACE ACTIVITIES ............................................................................................. 25,377 46,577 

Marine Corps UFR—Defensive Cyber Ops-Internal Defensive Measures suites ................. [21,200] 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 4,034 4,034 

ADMINISTRATIVE VEHICLES 

38 COMMERCIAL CARGO VEHICLES ................................................................................. 17,848 17,848 

TACTICAL VEHICLES 

39 MOTOR TRANSPORT MODIFICATIONS ....................................................................... 23,363 23,363 

40 JOINT LIGHT TACTICAL VEHICLE ............................................................................. 322,013 322,013 

42 TRAILERS ........................................................................................................................... 9,876 9,876 

ENGINEER AND OTHER EQUIPMENT 

44 TACTICAL FUEL SYSTEMS ............................................................................................ 2,161 2,161

45 POWER EQUIPMENT ASSORTED ................................................................................. 26,625 26,625 

46 AMPHIBIOUS SUPPORT EQUIPMENT ......................................................................... 17,119 17,119 

47 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 

48 PHYSICAL SECURITY EQUIPMENT ............................................................................. 84,513 84,513 

GENERAL PROPERTY 

49 FIELD MEDICAL EQUIPMENT ...................................................................................... 8,105 8,105 

50 TRAINING DEVICES ......................................................................................................... 37,814 37,814 

51 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] 

52 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) .............................................................. 15,439 15,439 

OTHER SUPPORT 

53 ITEMS LESS THAN $5 MILLION ................................................................................... 4,402 15,002 

Marine Corps UFR—Lightweight water purification system .............................................. [10,600] 

SPARES AND REPAIR PARTS 

54 SPARES AND REPAIR PARTS ........................................................................................ 32,819 32,819

TOTAL PROCUREMENT, MARINE CORPS ........................................................ 3,043,091 3,720,791 

AIRCRAFT PROCUREMENT, AIR FORCE 

STRATEGIC OFFENSIVE 

1 B–21 RAIDER ..................................................................................................................... 108,027 108,027 

TACTICAL FORCES 

2 F–35 ..................................................................................................................................... 4,167,604 4,427,604 

Air Force UFR—F–35 power modules ................................................................................ [175,000] 

Program increase .................................................................................................................. [85,000] 

3 F–35 ..................................................................................................................................... 352,632 352,632 

5 F–15EX ................................................................................................................................ 1,186,903 1,762,903 

Air Force UFR—Additional aircraft, spares, support equipment ....................................... [576,000] 

6 F–15EX ................................................................................................................................ 147,919 147,919 

TACTICAL AIRLIFT 

7 KC–46A MDAP .................................................................................................................... 2,380,315 2,380,315 

OTHER AIRLIFT 

8 C–130J ................................................................................................................................. 128,896 128,896 

9 MC–130J .............................................................................................................................. 220,049 220,049 

UPT TRAINERS 

11 ADVANCED TRAINER REPLACEMENT T-X ............................................................... 10,397 10,397 

HELICOPTERS 

12 MH–139A ............................................................................................................................. 0 75,000 

Program increase .................................................................................................................. [75,000] 

13 COMBAT RESCUE HELICOPTER .................................................................................. 792,221 792,221 

MISSION SUPPORT AIRCRAFT 

16 CIVIL AIR PATROL A/C ................................................................................................... 2,813 2,813 

OTHER AIRCRAFT 

17 TARGET DRONES ............................................................................................................. 116,169 116,169 

19 E–11 BACN/HAG ................................................................................................................ 124,435 124,435 

21 MQ–9 .................................................................................................................................... 3,288 103,288 

Additional aircraft ................................................................................................................ [100,000] 

STRATEGIC AIRCRAFT 

23 B–2A ..................................................................................................................................... 29,944 29,944 

24 B–1B ..................................................................................................................................... 30,518 30,518 

25 B–52 ..................................................................................................................................... 82,820 86,820 

B–52 training system ........................................................................................................... [4,000] 

26 COMBAT RESCUE HELICOPTER .................................................................................. 61,191 61,191 

27 LARGE AIRCRAFT INFRARED COUNTERMEASURES ............................................. 57,001 57,001 

TACTICAL AIRCRAFT 

28 A–10 ...................................................................................................................................... 83,621 83,621 


Pbinns on DSKJLVW7X2PROD with BILLS
941 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

29 E–11 BACN/HAG ................................................................................................................ 68,955 68,955 

30 F–15 ..................................................................................................................................... 234,340 234,340 

31 F–16 ..................................................................................................................................... 613,166 638,166 

F–16 AESAs ......................................................................................................................... [25,000] 

32 F–22A ................................................................................................................................... 424,722 424,722 

33 F–35 MODIFICATIONS ..................................................................................................... 304,135 1,974,885 

F–35 upgrades to Block 4 .................................................................................................... [1,670,750] 

34 F–15 EPAW ......................................................................................................................... 149,797 149,797 

36 KC–46A MDAP .................................................................................................................... 1,984 1,984 

AIRLIFT AIRCRAFT 

37 C–5 ........................................................................................................................................ 25,431 25,431 

38 C–17A ................................................................................................................................... 59,570 59,570 

40 C–32A ................................................................................................................................... 1,949 1,949 

41 C–37A ................................................................................................................................... 5,984 5,984 

TRAINER AIRCRAFT 

42 GLIDER MODS ................................................................................................................... 142 142 

43 T–6 ........................................................................................................................................ 8,735 8,735 

44 T–1 ........................................................................................................................................ 3,872 3,872 

45 T–38 ...................................................................................................................................... 49,851 49,851 

OTHER AIRCRAFT 

46 U–2 MODS ........................................................................................................................... 126,809 126,809 

47 KC–10A (ATCA) .................................................................................................................. 1,902 1,902 

49 VC–25A MOD ....................................................................................................................... 96 96 

50 C–40 ...................................................................................................................................... 262 262 

51 C–130 .................................................................................................................................... 29,071 29,071 

52 C–130J MODS ..................................................................................................................... 110,784 110,784 

53 C–135 .................................................................................................................................... 61,376 61,376 

54 COMPASS CALL ................................................................................................................. 195,098 270,098 

Air Force UFR—Additional spare engines .......................................................................... [75,000] 

56 RC–135 ................................................................................................................................. 207,596 207,596 

57 E–3 ....................................................................................................................................... 109,855 109,855 

58 E–4 ....................................................................................................................................... 19,081 19,081 

59 E–8 ....................................................................................................................................... 16,312 16,312 

60 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 .......................................... 30,327 30,327 

62 H–1 ....................................................................................................................................... 1,533 1,533 

63 H–60 ..................................................................................................................................... 13,709 13,709 

64 RQ–4 MODS ........................................................................................................................ 3,205 3,205 

65 HC/MC–130 MODIFICATIONS ......................................................................................... 150,263 150,263 

66 OTHER AIRCRAFT ............................................................................................................ 54,828 54,828 

67 MQ–9 MODS ........................................................................................................................ 144,287 144,287 

68 MQ–9 UAS PAYLOADS ...................................................................................................... 40,800 40,800 

69 SENIOR LEADER C3, SYSTEM—AIRCRAFT ............................................................... 23,554 23,554 

70 CV–22 MODS ....................................................................................................................... 158,162 240,562 

SOCOM UFR—CV–22 reliability acceleration .................................................................... [82,400] 

AIRCRAFT SPARES AND REPAIR PARTS 

71 INITIAL SPARES/REPAIR PARTS .................................................................................. 915,710 915,710

COMMON SUPPORT EQUIPMENT 

72 AIRCRAFT REPLACEMENT SUPPORT EQUIP ........................................................... 138,761 138,761 

POST PRODUCTION SUPPORT 

73 B–2A ..................................................................................................................................... 1,651 1,651 

74 B–2B ..................................................................................................................................... 38,811 38,811 

75 B–52 ..................................................................................................................................... 5,602 5,602 

78 F–15 ..................................................................................................................................... 2,324 2,324 

79 F–16 ..................................................................................................................................... 10,456 10,456 

81 RQ–4 POST PRODUCTION CHARGES ........................................................................... 24,592 24,592 

INDUSTRIAL PREPAREDNESS 

82 INDUSTRIAL RESPONSIVENESS .................................................................................. 18,110 18,110 

WAR CONSUMABLES 

83 WAR CONSUMABLES ....................................................................................................... 35,866 35,866 

OTHER PRODUCTION CHARGES 

84 OTHER PRODUCTION CHARGES .................................................................................. 979,388 979,388 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 18,092 18,092 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .......................................... 15,727,669 18,595,819 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

1 MISSILE REPLACEMENT EQ-BALLISTIC ................................................................... 57,793 57,793 

BALLISTIC MISSILES 

2 GROUND BASED STRATEGIC DETERRENT .............................................................. 8,895 8,895 

TACTICAL 

3 REPLAC EQUIP & WAR CONSUMABLES ..................................................................... 7,681 7,681 

4 AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON ....................................... 160,850 160,850 

6 JOINT AIR-SURFACE STANDOFF MISSILE ................................................................ 710,550 710,550 

8 SIDEWINDER (AIM–9X) ................................................................................................... 107,587 107,587 

9 AMRAAM ............................................................................................................................. 214,002 214,002 

10 PREDATOR HELLFIRE MISSILE .................................................................................. 103,684 103,684 

11 SMALL DIAMETER BOMB .............................................................................................. 82,819 82,819 


Pbinns on DSKJLVW7X2PROD with BILLS
942 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

12 SMALL DIAMETER BOMB II .......................................................................................... 294,649 294,649 

INDUSTRIAL FACILITIES 

13 INDUSTR’L PREPAREDNS/POL PREVENTION .......................................................... 757 757 

CLASS IV 

15 ICBM FUZE MOD .............................................................................................................. 53,013 65,263 

Realignment of funds ............................................................................................................ [12,250] 

16 ICBM FUZE MOD .............................................................................................................. 47,757 35,507 

Realignment of funds ............................................................................................................ [–12,250] 

17 MM III MODIFICATIONS ................................................................................................. 88,579 88,579 

19 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................................................... 46,799 46,799 

MISSILE SPARES AND REPAIR PARTS 

20 MSL SPRS/REPAIR PARTS (INITIAL) ........................................................................... 16,212 16,212 

21 MSL SPRS/REPAIR PARTS (REPLEN) .......................................................................... 63,547 63,547 

22 INITIAL SPARES/REPAIR PARTS .................................................................................. 4,045 4,045 

SPECIAL PROGRAMS 

27 SPECIAL UPDATE PROGRAMS ...................................................................................... 30,352 30,352 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 570,240 570,240 

TOTAL MISSILE PROCUREMENT, AIR FORCE .............................................. 2,669,811 2,669,811 

PROCUREMENT, SPACE FORCE 

SPACE PROCUREMENT, SF 

2 AF SATELLITE COMM SYSTEM .................................................................................... 43,655 43,655 

3 COUNTERSPACE SYSTEMS ............................................................................................ 64,804 64,804

4 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................................................ 39,444 39,444 

5 GENERAL INFORMATION TECH—SPACE .................................................................. 3,316 13,116 

Space Force UFR—Long duration propulsive national security space launch secondary 

payload adapter ................................................................................................................. [8,000] 

Space Force UFR—Modernize space aggressor equipment ................................................. [1,800] 

6 GPSIII FOLLOW ON ......................................................................................................... 601,418 601,418 

7 GPS III SPACE SEGMENT ............................................................................................... 84,452 84,452 

8 GLOBAL POSTIONING (SPACE) .................................................................................... 2,274 2,274 

9 HERITAGE TRANSITION ................................................................................................ 13,529 13,529 

10 SPACEBORNE EQUIP (COMSEC) ................................................................................... 26,245 48,945 

Space Force UFR—Space-rated crypto devices to support launch ..................................... [22,700] 

11 MILSATCOM ....................................................................................................................... 24,333 24,333 

12 SBIR HIGH (SPACE) ......................................................................................................... 154,526 154,526 

13 SPECIAL SPACE ACTIVITIES ......................................................................................... 142,188 142,188 

14 MOBILE USER OBJECTIVE SYSTEM ........................................................................... 45,371 45,371 

15 NATIONAL SECURITY SPACE LAUNCH ...................................................................... 1,337,347 1,337,347 

16 NUDET DETECTION SYSTEM ....................................................................................... 6,690 6,690 

17 PTES HUB .......................................................................................................................... 7,406 7,406 

18 ROCKET SYSTEMS LAUNCH PROGRAM ..................................................................... 10,429 10,429 

20 SPACE MODS ..................................................................................................................... 64,371 64,371 

21 SPACELIFT RANGE SYSTEM SPACE ........................................................................... 93,774 93,774 

SPARES 

22 SPARES AND REPAIR PARTS ........................................................................................ 1,282 1,282 

TOTAL PROCUREMENT, SPACE FORCE ........................................................... 2,766,854 2,799,354 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

1 ROCKETS ............................................................................................................................ 36,597 36,597 

CARTRIDGES 

2 CARTRIDGES ..................................................................................................................... 169,163 169,163 

BOMBS 

3 PRACTICE BOMBS ............................................................................................................ 48,745 48,745 

4 GENERAL PURPOSE BOMBS ......................................................................................... 176,565 176,565

5 MASSIVE ORDNANCE PENETRATOR (MOP) .............................................................. 15,500 15,500 

6 JOINT DIRECT ATTACK MUNITION ............................................................................ 124,102 124,102 

7 B–61 ..................................................................................................................................... 2,709 2,709 

OTHER ITEMS 

8 CAD/PAD ............................................................................................................................. 47,210 47,210 

9 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................................................ 6,151 6,151 

10 SPARES AND REPAIR PARTS ........................................................................................ 535 535 

11 MODIFICATIONS ............................................................................................................... 292 292 

12 ITEMS LESS THAN $5,000,000 ....................................................................................... 9,164 9,164

FLARES 

13 FLARES ............................................................................................................................... 95,297 95,297 

FUZES 

14 FUZES ................................................................................................................................. 50,795 50,795 

SMALL ARMS 

15 SMALL ARMS ..................................................................................................................... 12,343 12,343 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ........................... 795,168 795,168 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

1 PASSENGER CARRYING VEHICLES ............................................................................. 8,448 8,448 

CARGO AND UTILITY VEHICLES 


Pbinns on DSKJLVW7X2PROD with BILLS
943 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

2 MEDIUM TACTICAL VEHICLE ...................................................................................... 5,804 5,804 

3 CAP VEHICLES .................................................................................................................. 1,066 1,066 

4 CARGO AND UTILITY VEHICLES ................................................................................. 57,459 61,959 

CNGB UFR—Security forces utility task vehicle ................................................................ [4,500] 

SPECIAL PURPOSE VEHICLES 

5 JOINT LIGHT TACTICAL VEHICLE ............................................................................. 97,326 97,326 

6 SECURITY AND TACTICAL VEHICLES ........................................................................ 488 488 

7 SPECIAL PURPOSE VEHICLES ..................................................................................... 75,694 81,094 

CNGB UFR—Temperature control trailers ........................................................................ [5,400] 

FIRE FIGHTING EQUIPMENT 

8 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................................................ 12,525 12,525 

MATERIALS HANDLING EQUIPMENT 

9 MATERIALS HANDLING VEHICLES ............................................................................ 34,933 34,933 

BASE MAINTENANCE SUPPORT 

10 RUNWAY SNOW REMOV AND CLEANING EQU ......................................................... 9,134 9,134 

11 BASE MAINTENANCE SUPPORT VEHICLES ............................................................. 111,820 111,820 

COMM SECURITY EQUIPMENT(COMSEC) 

13 COMSEC EQUIPMENT ..................................................................................................... 66,022 66,022 

14 STRATEGIC MICROELECTRONIC SUPPLY SYSTEM ................................................ 885,051 885,051 

INTELLIGENCE PROGRAMS 

15 INTERNATIONAL INTEL TECH & ARCHITECTURES .............................................. 5,809 5,809 

16 INTELLIGENCE TRAINING EQUIPMENT ................................................................... 5,719 5,719 

17 INTELLIGENCE COMM EQUIPMENT ........................................................................... 25,844 25,844 

ELECTRONICS PROGRAMS 

18 AIR TRAFFIC CONTROL & LANDING SYS .................................................................. 44,516 52,516 

Air Force UFR—Build command and control framework ................................................... [8,000] 

19 BATTLE CONTROL SYSTEM—FIXED .......................................................................... 2,940 2,940 

20 THEATER AIR CONTROL SYS IMPROVEMEN ........................................................... 43,442 47,842 

EUCOM UFR—Air base air defens ops center ................................................................... [4,400] 

21 3D EXPEDITIONARY LONG-RANGE RADAR .............................................................. 96,186 248,186 

Air Force UFR—Build command and control framework ................................................... [152,000] 

22 WEATHER OBSERVATION FORECAST ........................................................................ 32,376 32,976 

Space Force UFR—Thule Air Base wind profiler ............................................................... [600] 

23 STRATEGIC COMMAND AND CONTROL ...................................................................... 37,950 37,950 

24 CHEYENNE MOUNTAIN COMPLEX .............................................................................. 8,258 8,258 

25 MISSION PLANNING SYSTEMS ..................................................................................... 14,717 14,717 

SPCL COMM-ELECTRONICS PROJECTS 

27 GENERAL INFORMATION TECHNOLOGY .................................................................. 43,917 88,247 

EUCOM UFR—Mission Partner Environment ................................................................... [13,800] 

INDOPACOM UFR—Mission Partner Environment .......................................................... [30,530] 

28 AF GLOBAL COMMAND & CONTROL SYS ................................................................... 414 414 

30 MOBILITY COMMAND AND CONTROL ........................................................................ 10,619 10,619 

31 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] 

32 COMBAT TRAINING RANGES ........................................................................................ 222,598 222,598 

33 COMBAT TRAINING RANGES ........................................................................................ 14,730 14,730 

34 MINIMUM ESSENTIAL EMERGENCY COMM N .......................................................... 77,119 77,119 

35 WIDE AREA SURVEILLANCE (WAS) ............................................................................ 38,794 38,794 

36 C3 COUNTERMEASURES ................................................................................................ 131,238 131,238 

37 INTEGRATED PERSONNEL AND PAY SYSTEM ........................................................ 15,240 15,240 

38 GCSS-AF FOS ..................................................................................................................... 3,959 3,959 

40 MAINTENANCE REPAIR & OVERHAUL INITIATIVE ................................................ 4,387 4,387 

41 THEATER BATTLE MGT C2 SYSTEM .......................................................................... 4,052 4,052 

42 AIR & SPACE OPERATIONS CENTER (AOC) ............................................................... 2,224 2,224 

AIR FORCE COMMUNICATIONS 

43 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ....................................... 58,499 58,499 

44 AFNET ................................................................................................................................. 65,354 65,354 

45 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........................................ 4,377 4,377 

46 USCENTCOM ...................................................................................................................... 18,101 18,101 

47 USSTRATCOM .................................................................................................................... 4,226 4,226 

ORGANIZATION AND BASE 

48 TACTICAL C-E EQUIPMENT .......................................................................................... 162,955 162,955 

49 RADIO EQUIPMENT ......................................................................................................... 14,232 15,732 

Space Force UFR—radio equipment ................................................................................... [1,500] 

51 BASE COMM INFRASTRUCTURE .................................................................................. 200,797 264,297 

EUCOM UFR—Modernize IT infrastructure ...................................................................... [55,000] 

Space Force UFR—Emergency 911 rech refresh ................................................................ [1,200] 

Space Force UFR—Lifecycle SIPR/NIP replacement ......................................................... [7,000] 

Space Force UFR—Maui Optical Site resilient comms ....................................................... [300] 

MODIFICATIONS 

52 COMM ELECT MODS ........................................................................................................ 18,607 18,607 

PERSONAL SAFETY & RESCUE EQUIP 

53 PERSONAL SAFETY AND RESCUE EQUIPMENT ..................................................... 106,449 131,449 

CNGB UFR—Critical care air transport team .................................................................... [9,500] 

CNGB UFR—Tactical combat casualty care medical kit .................................................... [15,500] 

DEPOT PLANT+MTRLS HANDLING EQ 


Pbinns on DSKJLVW7X2PROD with BILLS
944 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

54 POWER CONDITIONING EQUIPMENT ......................................................................... 11,274 11,274 

55 MECHANIZED MATERIAL HANDLING EQUIP .......................................................... 8,594 8,594 

BASE SUPPORT EQUIPMENT 

56 BASE PROCURED EQUIPMENT .................................................................................... 1 83,251 

CNGB UFR—Modular small arms ranges .......................................................................... [75,000] 

EUCOM UFR—Tactical decoy devices ................................................................................ [8,250] 

57 ENGINEERING AND EOD EQUIPMENT ...................................................................... 32,139 32,139 

58 MOBILITY EQUIPMENT .................................................................................................. 63,814 131,014 

CNGB UFR—Aeromedical evacuation equipment kit ......................................................... [3,200] 

CNGB UFR—Disaster relief mobile kitchen trailers .......................................................... [22,500] 

CNGB UFR—Oxygen generation system ............................................................................ [3,000] 

CNGB UFR—Rapid response shelters ................................................................................ [7,500] 

CNGB UFR—Security forces modular ballistic protection system ..................................... [31,000] 

59 FUELS SUPPORT EQUIPMENT (FSE) ......................................................................... 17,928 17,928 

60 BASE MAINTENANCE AND SUPPORT EQUIPMENT ................................................ 48,534 48,534 

SPECIAL SUPPORT PROJECTS 

62 DARP RC135 ....................................................................................................................... 27,359 27,359 

63 DCGS-AF ............................................................................................................................. 261,070 261,070 

65 SPECIAL UPDATE PROGRAM ........................................................................................ 777,652 777,652 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................................................ 20,983,908 20,983,908 

SPARES AND REPAIR PARTS 

66 SPARES AND REPAIR PARTS (CYBER) ....................................................................... 978 978 

67 SPARES AND REPAIR PARTS ........................................................................................ 9,575 10,575 

Air Force UFR—Build command and control framework ................................................... [1,000] 

TOTAL OTHER PROCUREMENT, AIR FORCE ................................................. 25,251,137 25,726,718 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DCSA 

2 MAJOR EQUIPMENT ........................................................................................................ 3,014 3,014 

MAJOR EQUIPMENT, DHRA 

4 PERSONNEL ADMINISTRATION ................................................................................... 4,042 4,042 

MAJOR EQUIPMENT, DISA 

10 INFORMATION SYSTEMS SECURITY ........................................................................... 18,923 18,923 

11 TELEPORT PROGRAM ..................................................................................................... 34,908 34,908 

12 JOINT FORCES HEADQUARTERS—DODIN ................................................................ 1,968 1,968 

13 ITEMS LESS THAN $5 MILLION ................................................................................... 42,270 42,270 

14 DEFENSE INFORMATION SYSTEM NETWORK ......................................................... 18,025 18,025 

15 WHITE HOUSE COMMUNICATION AGENCY .............................................................. 44,522 44,522 

16 SENIOR LEADERSHIP ENTERPRISE .......................................................................... 54,592 54,592 

17 JOINT REGIONAL SECURITY STACKS (JRSS) ........................................................... 62,657 62,657 

18 JOINT SERVICE PROVIDER ........................................................................................... 102,039 102,039 

19 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) ............................................ 80,645 80,645 

MAJOR EQUIPMENT, DLA 

21 MAJOR EQUIPMENT ........................................................................................................ 530,896 530,896 

MAJOR EQUIPMENT, DMACT 

22 MAJOR EQUIPMENT ........................................................................................................ 8,498 8,498 

MAJOR EQUIPMENT, DODEA 

23 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS .......................................... 2,963 2,963 

MAJOR EQUIPMENT, DPAA 

24 MAJOR EQUIPMENT, DPAA ........................................................................................... 494 494 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 

26 VEHICLES .......................................................................................................................... 118 118 

27 OTHER MAJOR EQUIPMENT ......................................................................................... 12,681 12,681 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

29 THAAD ................................................................................................................................ 251,543 361,122 

MDA UFR—Additional interceptors .................................................................................... [109,579] 

31 AEGIS BMD ........................................................................................................................ 334,621 334,621 

32 AEGIS BMD ........................................................................................................................ 17,493 17,493 

33 BMDS AN/TPY–2 RADARS ............................................................................................... 2,738 2,738 

34 SM–3 IIAS ............................................................................................................................ 295,322 336,322 

MDA UFR—Additional AURs ............................................................................................. [41,000] 

35 ARROW 3 UPPER TIER SYSTEMS ................................................................................. 62,000 62,000 

36 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) ..................................... 30,000 30,000 

37 DEFENSE OF GUAM PROCUREMENT ......................................................................... 40,000 117,220 

INDOPACOM UFR—Guam Defense System ..................................................................... [77,220] 

38 AEGIS ASHORE PHASE III ............................................................................................. 25,866 25,866 

39 IRON DOME ........................................................................................................................ 108,000 108,000 

40 AEGIS BMD HARDWARE AND SOFTWARE ................................................................ 81,791 81,791 

MAJOR EQUIPMENT, NSA 

46 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......................................... 315 315 

MAJOR EQUIPMENT, OSD 

47 MAJOR EQUIPMENT, OSD .............................................................................................. 31,420 31,420 

MAJOR EQUIPMENT, SDA 

48 JOINT CAPABILITY TECH DEMONSTRATION (JCTD) ............................................ 74,060 74,060 

MAJOR EQUIPMENT, TJS 

49 MAJOR EQUIPMENT, TJS ............................................................................................... 7,830 7,830 

CLASSIFIED PROGRAMS 


Pbinns on DSKJLVW7X2PROD with BILLS
945 

•S 2792 RS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

9999 CLASSIFIED PROGRAMS ................................................................................................ 635,338 635,338 

AVIATION PROGRAMS 

52 ARMED OVERWATCH/TARGETING .............................................................................. 170,000 170,000 

53 MANNED ISR ..................................................................................................................... 2,500 2,500 

54 MC–12 .................................................................................................................................. 2,250 2,250 

55 MH–60 BLACKHAWK ........................................................................................................ 29,900 29,900 

56 ROTARY WING UPGRADES AND SUSTAINMENT ..................................................... 202,278 202,278 

57 UNMANNED ISR ............................................................................................................... 55,951 55,951 

58 NON-STANDARD AVIATION ........................................................................................... 3,282 3,282 

59 U–28 ..................................................................................................................................... 4,176 4,176 

60 MH–47 CHINOOK .............................................................................................................. 130,485 130,485 

61 CV–22 MODIFICATION ..................................................................................................... 41,762 47,572 

SOCOM UFR—CV–22 reliability acceleration .................................................................... [5,810] 

62 MQ–9 UNMANNED AERIAL VEHICLE .......................................................................... 8,020 8,020 

63 PRECISION STRIKE PACKAGE ...................................................................................... 165,224 165,224 

64 AC/MC–130J ........................................................................................................................ 205,216 205,216 

65 C–130 MODIFICATIONS ................................................................................................... 13,373 13,373 

SHIPBUILDING 

66 UNDERWATER SYSTEMS ............................................................................................... 17,227 23,327 

SOCOM UFR—Combat diving advanced equipment acceleration ....................................... [5,200] 

SOCOM UFR—Modernized forward look sonar .................................................................. [900] 

AMMUNITION PROGRAMS 

67 ORDNANCE ITEMS <$5M ............................................................................................... 168,072 168,072 

OTHER PROCUREMENT PROGRAMS 

68 INTELLIGENCE SYSTEMS ............................................................................................. 131,889 131,889 

69 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........................................ 5,991 5,991 

70 OTHER ITEMS <$5M ....................................................................................................... 62,722 62,722 

71 COMBATANT CRAFT SYSTEMS ..................................................................................... 17,080 17,080 

72 SPECIAL PROGRAMS ....................................................................................................... 44,351 75,531 

SOCOM UFR—Medium fixed wing mobility modifications ................................................. [31,180] 

73 TACTICAL VEHICLES ...................................................................................................... 26,806 26,806 

74 WARRIOR SYSTEMS <$5M ............................................................................................. 284,548 284,548 

75 COMBAT MISSION REQUIREMENTS ............................................................................ 27,513 27,513 

77 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................................................. 20,252 20,252 

78 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 

79 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ............................................ 167,918 167,918 

80 CB PROTECTION & HAZARD MITIGATION ................................................................. 189,265 189,265 

TOTAL PROCUREMENT, DEFENSE-WIDE ........................................................ 5,548,212 5,880,404 

TOTAL PROCUREMENT ............................................................................................ 132,205,078 144,054,529 

1 TITLE XLII—RESEARCH, DEVEL2 OPMENT, TEST, AND EVALUA3 TION 

4 SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA5 TION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

BASIC RESEARCH 

1 0601102A DEFENSE RESEARCH SCIENCES .................................................. 297,241 297,241 

2 0601103A UNIVERSITY RESEARCH INITIATIVES ........................................ 66,981 103,481 

Smart thread data exchange .................................................................. [5,000] 

UAS propulsion research ....................................................................... [1,500] 

University research programs ................................................................ [30,000] 

3 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS .............. 94,003 94,003 

4 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE ..................... 5,067 5,067 

5 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING 

BASIC RESEARCH.

10,183 10,183 

SUBTOTAL BASIC RESEARCH ................................................ 473,475 509,975 


Pbinns on DSKJLVW7X2PROD with BILLS
946 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

APPLIED RESEARCH 

6 0602115A BIOMEDICAL TECHNOLOGY .......................................................... 11,925 11,925 

7 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES ........ 1,976 1,976 

8 0602141A LETHALITY TECHNOLOGY ............................................................. 64,126 66,626 

Ceramic material systems for extreme environments ............................ [2,500] 

9 0602142A ARMY APPLIED RESEARCH ............................................................ 28,654 28,654 

10 0602143A SOLDIER LETHALITY TECHNOLOGY .......................................... 105,168 105,168 

11 0602144A GROUND TECHNOLOGY .................................................................. 56,400 67,400 

Earthen structures research .................................................................. [3,000] 

Graphene applications for military engineering ..................................... [2,000] 

Polar research and testing ..................................................................... [4,000] 

Verified inherent control ........................................................................ [2,000] 

12 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY ......... 172,166 174,666 

Light detection and ranging (LiDAR) technology ................................. [2,500] 

13 0602146A NETWORK C3I TECHNOLOGY ........................................................ 84,606 86,606 

UAS sensor research .............................................................................. [2,000] 

14 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY ...................... 64,285 64,285 

15 0602148A FUTURE VERTICLE LIFT TECHNOLOGY ................................... 91,411 91,411 

16 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY .............................. 19,316 47,316 

Counter-UAS applied research .............................................................. [5,000] 

High energy laser research .................................................................... [5,000] 

High energy laser support technology ................................................... [5,000] 

Kill chain automation for air and missile defense systems ................... [8,000] 

Secure computing capabilities ................................................................ [5,000] 

17 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING 

TECHNOLOGIES.

15,034 15,034 

18 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH ............... 25,967 25,967 

19 0602182A C3I APPLIED RESEARCH ................................................................ 12,406 12,406 

20 0602183A AIR PLATFORM APPLIED RESEARCH ......................................... 6,597 6,597 

21 0602184A SOLDIER APPLIED RESEARCH ..................................................... 11,064 18,564 

Military footwear research ..................................................................... [2,500] 

Pathfinder air assault ............................................................................ [5,000] 

22 0602213A C3I APPLIED CYBER ........................................................................ 12,123 12,123 

23 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 20,643 20,643 

24 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ............... 18,701 18,701 

25 0602787A MEDICAL TECHNOLOGY ................................................................. 91,720 91,720 

SUBTOTAL APPLIED RESEARCH .......................................... 914,288 967,788 

ADVANCED TECHNOLOGY DEVELOPMENT 

26 0603002A MEDICAL ADVANCED TECHNOLOGY ........................................... 43,804 43,804 

27 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED 

TECHNOLOGY.

14,273 14,273 

28 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION ................ 22,231 22,231 

29 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES.909 909 

30 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY ..... 17,743 17,743 

31 0603042A C3I ADVANCED TECHNOLOGY ...................................................... 3,151 3,151 

32 0603043A AIR PLATFORM ADVANCED TECHNOLOGY ............................... 754 754 

33 0603044A SOLDIER ADVANCED TECHNOLOGY ........................................... 890 890 

34 0603115A MEDICAL DEVELOPMENT .............................................................. 26,521 26,521 

35 0603116A LETHALITY ADVANCED TECHNOLOGY ...................................... 8,066 8,066 

36 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT .................. 76,815 76,815 

37 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY ................... 107,966 107,966 

38 0603119A GROUND ADVANCED TECHNOLOGY ............................................ 23,403 41,403 

Additive manufacturing capabilities for austere operating environments.[15,000] 

Permafrost research ............................................................................... [3,000] 

39 0603134A COUNTER IMPROVISED-THREAT SIMULATION ........................ 24,747 24,747 

40 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH.53,736 53,736 

41 0603457A C3I CYBER ADVANCED DEVELOPMENT ..................................... 31,426 31,426 

42 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.189,123 194,123 

High performance computing modernization program .......................... [5,000] 

43 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY.164,951 174,951 

Combat vehicle lithium battery development ......................................... [1,500] 

Cyber and connected vehicle integration research ................................. [3,500] 

Robotics development ............................................................................. [5,000] 

44 0603463A NETWORK C3I ADVANCED TECHNOLOGY ................................. 155,867 142,867 

Command post modernization ............................................................... [2,000] 

Network technology research ................................................................. [–15,000] 

45 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 93,909 98,909 

Advanced guidance technology ............................................................... [5,000] 

46 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY ............. 179,677 188,177 

Future Long Range Assault Aircraft .................................................... [3,500] 

Future vertical lift 20mm chain gun ..................................................... [5,000] 


Pbinns on DSKJLVW7X2PROD with BILLS
947 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

47 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY ....... 48,826 48,826 

48 0603920A HUMANITARIAN DEMINING ........................................................... 8,649 8,649 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.1,297,437 1,330,937 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

49 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION ................ 11,702 11,702 

50 0603308A ARMY SPACE SYSTEMS INTEGRATION ....................................... 18,755 18,755 

52 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV .................... 50,314 50,314 

53 0603639A TANK AND MEDIUM CALIBER AMMUNITION ............................ 79,873 79,873 

54 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV .................... 170,590 170,590 

55 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................................. 2,897 2,897 

56 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV 

DEV.

113,365 113,365 

57 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ........... 18,000 21,804 

Army UFR—Soldier Maneuver Sensors ................................................ [3,804] 

58 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ......... 11,921 11,921 

59 0603790A NATO RESEARCH AND DEVELOPMENT ..................................... 3,777 3,777 

60 0603801A AVIATION—ADV DEV ....................................................................... 1,125,641 1,125,641 

61 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ............. 7,055 7,055 

62 0603807A MEDICAL SYSTEMS—ADV DEV ..................................................... 22,071 22,071 

63 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ................... 17,459 20,359 

Development of anthropomorphic armor for female servicemembers .... [2,900] 

64 0604017A ROBOTICS DEVELOPMENT ............................................................. 87,198 87,198 

65 0604019A EXPANDED MISSION AREA MISSILE (EMAM) ........................... 50,674 50,674 

67 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY ............... 19,638 19,638 

68 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV ............. 50,548 50,548 

69 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV 

DEV.

28,347 28,347 

70 0604100A ANALYSIS OF ALTERNATIVES ...................................................... 10,091 10,091 

71 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) ................ 926 926 

72 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM 

(FTUAS).

69,697 75,697 

Army UFR—Acceleration of FTUAS ................................................... [6,000] 

73 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR ....... 327,690 327,690 

74 0604115A TECHNOLOGY MATURATION INITIATIVES ................................ 270,124 270,124 

75 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) ..... 39,376 39,376 

76 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING.189,483 189,483 

77 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) .. 96,679 96,679 

78 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & 

PROTOTYPING.

194,195 198,795 

Synthetic training enviroment ............................................................... [4,600] 

79 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING.13,379 13,379 

80 0604182A HYPERSONICS .................................................................................... 300,928 300,928 

81 0604403A FUTURE INTERCEPTOR .................................................................. 7,895 7,895 

82 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT.19,148 19,148 

83 0604541A UNIFIED NETWORK TRANSPORT ................................................. 35,409 35,409 

84 0604644A MOBILE MEDIUM RANGE MISSILE .............................................. 286,457 286,457 

85 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) ........... 2,040 2,040 

86 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 52,988 52,988 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.3,806,330 3,823,634 

SYSTEM DEVELOPMENT & DEMONSTRATION 

89 0604201A AIRCRAFT AVIONICS ........................................................................ 6,654 6,654 

90 0604270A ELECTRONIC WARFARE DEVELOPMENT .................................. 30,840 30,840 

91 0604601A INFANTRY SUPPORT WEAPONS ................................................... 67,873 67,873 

92 0604604A MEDIUM TACTICAL VEHICLES ..................................................... 11,374 11,374 

93 0604611A JAVELIN .............................................................................................. 7,094 7,094 

94 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................................. 31,602 31,602 

95 0604633A AIR TRAFFIC CONTROL .................................................................. 4,405 4,405 

96 0604642A LIGHT TACTICAL WHEELED VEHICLES .................................... 2,055 7,655 

Army UFR—Electric light reconnaissance vehicle ................................ [5,600] 

97 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV ..... 137,256 137,256 

98 0604710A NIGHT VISION SYSTEMS—ENG DEV ........................................... 62,690 62,690 

99 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT .................. 1,658 1,658 

100 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV .......................... 26,540 26,540 

101 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE— 

ENG DEV.

59,518 59,518 

102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ..... 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 EVALUATION ........ 21,534 21,534 


Pbinns on DSKJLVW7X2PROD with BILLS
948 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

108 0604802A WEAPONS AND MUNITIONS—ENG DEV ..................................... 309,778 309,778 

109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ............. 59,261 59,261 

110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—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 14,137 

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 SYSTEM (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 ........................ 122,168 122,168 

121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPSA).76,936 76,936 

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 

128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ............... 16,630 16,630 

130 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE 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 12,960 

Program reduction ................................................................................. [–10,000] 

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 & DEMONSTRATION ............. 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 DEFENSE (AIAMD) .. 157,873 157,873 

152 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS 

DEV & DEMONSTRATION.

33,386 33,386 

153 0605625A MANNED GROUND VEHICLE ......................................................... 225,106 225,106 

154 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ....................... 14,454 14,454 

155 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING 

AND MANUFACTURING DEVELOPMENT 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 92,360 

Army UFR—Terrestrial Layer System (TLS) Echelon Above Brigade 

(EAB).

[16,840] 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.3,392,358 3,420,798 

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 .............................................................. 240,877 267,877 

Army UFR—Preserve Kwajalein Atoll quality of life ........................... [27,000] 

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 ACTIVITIES ............ 6,689 6,689 

174 0605706A MATERIEL SYSTEMS ANALYSIS .................................................... 21,558 21,558 

175 0605709A EXPLOITATION OF FOREIGN ITEMS ........................................... 13,631 13,631 

176 0605712A SUPPORT OF OPERATIONAL TESTING ....................................... 55,122 55,122 


Pbinns on DSKJLVW7X2PROD with BILLS
949 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

177 0605716A ARMY EVALUATION CENTER ........................................................ 65,854 65,854 

178 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & 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, EFFECTIVENESS AND 

SAFETY.

43,042 43,042 

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 DEFENSE TEST 

SITE.

80,952 80,952 

186 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION ....... 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 1,443,698 

OPERATIONAL SYSTEMS DEVELOPMENT 

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 IMPROVEMENT PROGRAMS.22,828 22,828 

194 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM ................ 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 ................................................................................... [10,000] 

196 0607139A IMPROVED TURBINE ENGINE PROGRAM ................................... 275,024 275,024 

197 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT 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 ACQUISITION 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 COORDINATION 

SYSTEM (JADOCS).

25,547 25,547 

207 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ....................... 211,523 275,623 

Abrams tank modernization ................................................................... [64,100] 

208 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS ........ 213,281 213,281 

210 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 132 132 

211 0203758A DIGITIZATION .................................................................................... 3,936 3,936 

212 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM.127 127 

213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS ........ 10,265 10,265 

214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL 

SYSTEM DEV.

262 262 

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 10,720 

Identity, credentialing, and access management reduction ................... [–5,000] 

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 ACTIVITIES .......... 61,720 61,720 

999 9999999999 CLASSIFIED PROGRAMS .................................................................. 2,993 2,993 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,380,248 1,490,208 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

237 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT.118,811 118,811 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

118,811 118,811 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY.

12,799,645 13,105,849 


Pbinns on DSKJLVW7X2PROD with BILLS
950 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH 

1 0601103N UNIVERSITY RESEARCH INITIATIVES ........................................ 117,448 150,448 

High-performance computation and data equipment ............................ [3,000] 

University research programs ................................................................ [30,000] 

3 0601153N DEFENSE RESEARCH SCIENCES .................................................. 484,421 484,421 

SUBTOTAL BASIC RESEARCH ................................................ 601,869 634,869 

APPLIED RESEARCH 

4 0602114N POWER PROJECTION APPLIED RESEARCH .............................. 23,013 26,013 

Graphene electro-active metamaterials .................................................. [3,000] 

5 0602123N FORCE PROTECTION APPLIED RESEARCH ............................... 122,888 127,888 

Relative positioning of autonomous platforms ....................................... [3,000] 

Resilient Innovative Sustainable Economies via University Partnerships (RISE-UP).[2,000] 

6 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY .................... 51,112 51,112 

7 0602235N COMMON PICTURE APPLIED RESEARCH ................................... 51,477 51,477 

8 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ............... 70,547 76,047 

Anti-corrosion nanotechnologies ............................................................. [3,000] 

Humanoid robotics research .................................................................. [2,500] 

9 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ............. 85,157 85,157 

10 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH.70,086 70,086 

11 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ............ 6,405 6,405 

12 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............................. 57,484 79,484 

Undersea vehicle research academic partnerships ................................. [12,000] 

Undersea warfare applied research ........................................................ [10,000] 

13 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ........... 173,356 173,356 

14 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH.32,160 32,160 

15 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH.152,976 152,976 

16 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD 

ACITIVITIES.

79,254 79,254 

SUBTOTAL APPLIED RESEARCH .......................................... 975,915 1,011,415 

ADVANCED TECHNOLOGY DEVELOPMENT 

17 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ..................... 21,661 21,661 

18 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ... 8,146 8,146 

19 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) .. 224,155 244,455 

Marine Corps UFR—Maritime Targeting Cell-Expeditionary .............. [5,300] 

Marine Corps UFR—Unmanned adversary technology investment ...... [10,000] 

Unmanned systems interoperability ....................................................... [5,000] 

20 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.13,429 13,429 

21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY 

DEVELOPMENT.

265,299 265,299 

22 0603680N MANUFACTURING TECHNOLOGY PROGRAM ............................. 57,236 57,236 

23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ........ 4,935 4,935 

24 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.47,167 47,167 

25 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.1,981 1,981 

26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT.133,779 113,779 

Naval prototypes reduction .................................................................... [–20,000] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.777,788 778,088 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

27 0603128N UNMANNED AERIAL SYSTEM ........................................................ 16,879 61,879 

Marine Corps UFR—MQ–9 payload upgrade ....................................... [20,000] 

Medium-altitude, long-endurance manned-unmanned experimentation [25,000] 

28 0603178N MEDIUM AND LARGE UNMANNED SURFACE VEHICLES 

(USVS).

144,846 144,846 

29 0603207N AIR/OCEAN TACTICAL APPLICATIONS ........................................ 27,849 27,849 

30 0603216N AVIATION SURVIVABILITY ............................................................. 16,815 16,815 

31 0603239N NAVAL CONSTRUCTION FORCES .................................................. 5,290 5,290 

33 0603254N ASW SYSTEMS DEVELOPMENT ..................................................... 17,612 17,612 

34 0603261N TACTICAL AIRBORNE RECONNAISSANCE .................................. 3,111 3,111 

35 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ......................... 32,310 32,310 

36 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.58,013 58,013 

37 0603506N SURFACE SHIP TORPEDO DEFENSE ........................................... 1,862 1,862 

38 0603512N CARRIER SYSTEMS DEVELOPMENT ............................................ 7,182 7,182 

39 0603525N PILOT FISH ......................................................................................... 408,087 484,687 

Navy UFR—Classified .......................................................................... [76,600] 


Pbinns on DSKJLVW7X2PROD with BILLS
951 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

40 0603527N RETRACT LARCH .............................................................................. 44,197 44,197 

41 0603536N RETRACT JUNIPER ........................................................................... 144,541 144,541 

42 0603542N RADIOLOGICAL CONTROL .............................................................. 761 761 

43 0603553N SURFACE ASW .................................................................................... 1,144 1,144 

44 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ................. 99,782 99,782 

45 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ............................ 14,059 14,059 

46 0603563N SHIP CONCEPT ADVANCED DESIGN ........................................... 111,590 111,590 

47 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ......... 106,957 106,957 

48 0603570N ADVANCED NUCLEAR POWER SYSTEMS .................................... 203,572 203,572 

49 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ........................... 78,122 78,122 

50 0603576N CHALK EAGLE ................................................................................... 80,270 80,270 

51 0603581N LITTORAL COMBAT SHIP (LCS) .................................................... 84,924 84,924 

52 0603582N COMBAT SYSTEM INTEGRATION .................................................. 17,322 17,322 

53 0603595N OHIO REPLACEMENT ....................................................................... 296,231 296,231 

54 0603596N LCS MISSION MODULES .................................................................. 75,995 75,995 

55 0603597N AUTOMATED TEST AND RE-TEST (ATRT) ................................. 7,805 7,805 

56 0603599N FRIGATE DEVELOPMENT ............................................................... 109,459 109,459 

57 0603609N CONVENTIONAL MUNITIONS ......................................................... 7,296 7,296 

58 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ........... 77,065 77,065 

59 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .... 34,785 34,785 

60 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT .......... 8,774 8,774 

61 0603721N ENVIRONMENTAL PROTECTION .................................................. 20,677 20,677 

62 0603724N NAVY ENERGY PROGRAM ............................................................... 33,824 33,824 

63 0603725N FACILITIES IMPROVEMENT ........................................................... 6,327 6,327 

64 0603734N CHALK CORAL .................................................................................... 579,389 579,389 

65 0603739N NAVY LOGISTIC PRODUCTIVITY ................................................... 669 669 

66 0603746N RETRACT MAPLE .............................................................................. 295,295 295,295 

67 0603748N LINK PLUMERIA ................................................................................ 692,280 692,280 

68 0603751N RETRACT ELM ................................................................................... 83,904 83,904 

69 0603764M LINK EVERGREEN ............................................................................ 221,253 264,453 

Marine Corps UFR—Additional development ....................................... [43,200] 

71 0603790N NATO RESEARCH AND DEVELOPMENT ..................................... 5,805 5,805 

72 0603795N LAND ATTACK TECHNOLOGY ....................................................... 4,017 4,017 

73 0603851M JOINT NON-LETHAL WEAPONS TESTING .................................. 29,589 29,589 

74 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS— 

DEM/VAL.

24,450 24,450 

75 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ...... 81,803 170,103 

Navy UFR—HELIOS SNLWS Increment1.5 ...................................... [88,300] 

76 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) ...................... 48,793 48,793 

77 0604027N DIGITAL WARFARE OFFICE ........................................................... 46,769 58,269 

Navy UFR—Accelerate Naval Tactical Grid Development for Joint 

All-Domain Command and Control (JADC2).

[11,500] 

78 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES ... 84,676 84,676 

79 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES ... 59,299 59,299 

81 0604031N LARGE UNMANNED UNDERSEA VEHICLES .............................. 88,063 88,063 

82 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER 

(CVN 78—80).

121,509 121,509 

83 0604126N LITTORAL AIRBORNE MCM ............................................................ 18,669 18,669 

84 0604127N SURFACE MINE COUNTERMEASURES ........................................ 13,655 13,655 

85 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).33,246 33,246 

86 0604289M NEXT GENERATION LOGISTICS .................................................... 1,071 1,071 

87 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) ........................ 9,825 9,825 

88 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE ...................... 6,555 6,555 

89 0604454N LX (R) ................................................................................................... 3,344 3,344 

90 0604536N ADVANCED UNDERSEA PROTOTYPING ...................................... 58,473 58,473 

91 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) ............. 5,529 5,529 

92 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ... 97,944 97,944 

93 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.9,340 9,340 

94 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.127,756 127,756 

95 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) ............ 60,028 60,028 

96 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 170,838 170,838 

97 0605514M GROUND BASED ANTI-SHIP MISSILE (MARFORRES) .............. 102,716 102,716 

98 0605516M LONG RANGE FIRES (MARFORRES) ............................................. 88,479 88,479 

99 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 16,204 

102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ....................... 506 506 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.7,077,987 7,468,587 

SYSTEM DEVELOPMENT & DEMONSTRATION 

103 0603208N TRAINING SYSTEM AIRCRAFT ...................................................... 5,864 5,864 

104 0604212N OTHER HELO DEVELOPMENT ...................................................... 56,444 56,444 

105 0604214M AV–8B AIRCRAFT—ENG DEV ......................................................... 10,146 10,146 


Pbinns on DSKJLVW7X2PROD with BILLS
952 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

106 0604215N STANDARDS DEVELOPMENT ......................................................... 4,082 4,082 

107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ... 46,418 46,418 

108 0604221N P–3 MODERNIZATION PROGRAM .................................................. 579 579 

109 0604230N WARFARE SUPPORT SYSTEM ........................................................ 10,167 10,167 

110 0604231N COMMAND AND CONTROL SYSTEMS ........................................... 122,913 162,113 

Navy UFR—Naval Operational Business Logistics Enterprise 

(NOBLE).

[39,200] 

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 .................................. 139,535 151,535 

Marine Corps UFR—Integration of EM spectrum ops into AN/ALQ– 

231(V).

[6,500] 

Marine Corps UFR—Integration of multi-domain capabilities into 

AN/ALQ–231(V).

[5,500] 

118 0604273M EXECUTIVE HELO DEVELOPMENT ............................................. 45,932 45,932 

119 0604274N NEXT GENERATION JAMMER (NGJ) ............................................ 243,923 243,923 

120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ......... 234,434 242,734 

Navy UFR—Accelerate Naval Tactical Grid Development for Joint 

All-Domain Command and Control (JADC2).

[8,300] 

121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II ............... 248,096 248,096 

122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING .... 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 59,121 

Stratospheric balloon research ............................................................... [13,000] 

128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) ......... 0 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 ............................................................................. 503,252 503,252 

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 76,027 

141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ................................ 94,386 94,386 

142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .... 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 87,862 

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 3,967 

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 55,629 

Navy UFR—SSN(X) non-propulsion development ............................... [25,800] 

155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ........................ 11,277 11,277 

156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ........................ 243,828 233,828 

Contract writing systems reduction ....................................................... [–10,000] 

157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ..................................... 8,426 8,426 

158 0605180N TACAMO MODERNIZATION ............................................................. 150,592 517,792 

Navy UFR—Acceleration of EC–130J–30 TACAMO Recapitalization [367,200] 

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 Interoperability ........................ [31,900] 

162 0605220N SHIP TO SHORE CONNECTOR (SSC) ............................................ 6,320 6,320 

163 0605327N T-AO 205 CLASS .................................................................................. 4,336 4,336 

164 0605414N UNMANNED CARRIER AVIATION (UCA) ...................................... 268,937 355,937 

Navy UFR—MQ–25 Emissions Control and Manned-Unmanned 

Teaming.

[87,000] 

165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) ................................... 356 356 


Pbinns on DSKJLVW7X2PROD with BILLS
953 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

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) SYSTEM DEVELOPMENT & DEMONSTRATION.2,005 2,005 

170 0204202N DDG–1000 ............................................................................................. 112,576 112,576 

174 0304785N ISR & INFO OPERATIONS ................................................................ 136,140 136,140 

175 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ............. 26,318 26,318 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.5,910,089 6,499,489 

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 & INTERNATIONAL 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 CAPABILITY ........... 24,872 24,872 

189 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 17,653 17,653 

190 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ................ 8,065 8,065 

191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ............................... 47,042 47,042 

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 (DEPARTMENTAL SUPPORT ACTIVITIES).1,747 1,747 

SUBTOTAL MANAGEMENT SUPPORT ................................. 998,686 998,686 

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 SYSTEMS 

(MARFORRES).

65,381 65,381 

202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ................... 176,486 176,486 

203 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT .................... 177,098 185,098 

Strategic weapons system shipboard navigation modernization ............ [8,000] 

204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ................................ 45,775 45,775 

205 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ................ 64,752 64,752 

206 0101402N NAVY STRATEGIC COMMUNICATIONS ......................................... 35,451 35,451 

207 0204136N F/A–18 SQUADRONS .......................................................................... 189,224 192,224 

Neural network algorithms on advanced processors .............................. [3,000] 

208 0204228N SURFACE SUPPORT .......................................................................... 13,733 13,733 

209 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING 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 (DISPLACEMENT 

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 development ........... [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 DEVELOPMENT .......... 56,741 56,741 

215 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT ............. 62,006 62,006 

216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT ............................... 133,520 133,520 

217 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ..................... 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 

Marine Corps UFR—CEC DDS antenna enhancements ...................... [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/SUPPORTING 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 modernization ............ [3,700] 

Marine Corps UFR—SCINet transition ............................................... [2,900] 

226 0206629M AMPHIBIOUS ASSAULT VEHICLE ................................................. 7,551 7,551 


Pbinns on DSKJLVW7X2PROD with BILLS
954 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

227 0207161N TACTICAL AIM MISSILES ................................................................ 23,881 23,881 

228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(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 Development 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) ACTIVITIES ....... 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 DEVELOPMENT .................... 59,252 59,252 

246 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (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 36,880 

252 0708730N MARITIME TECHNOLOGY (MARITECH) ....................................... 3,329 3,329 

999 9999999999 CLASSIFIED PROGRAMS .................................................................. 1,872,586 1,872,586 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,313,319 5,389,019 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

254 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT 

PROGRAM.

13,703 13,703 

255 0608113N NAVY NEXT GENERATION ENTERPRISE NETWORK 

(NGEN)—SOFTWARE PILOT PROGRAM.

955,151 955,151 

256 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)— 

SOFTWARE PILOT PROGRAM.

14,855 14,855 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

983,709 983,709 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY.

22,639,362 23,763,862 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

1 0601102F DEFENSE RESEARCH SCIENCES .................................................. 328,303 328,303 

2 0601103F UNIVERSITY RESEARCH INITIATIVES ........................................ 162,403 192,403 

University research programs ................................................................ [30,000] 

SUBTOTAL BASIC RESEARCH ................................................ 490,706 520,706 

APPLIED RESEARCH 

4 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH ................... 79,901 79,901 

5 0602102F MATERIALS ......................................................................................... 113,460 125,460 

Continuous composites 3D printing ....................................................... [7,000] 

High energy synchrotron x-ray research ............................................... [5,000] 

6 0602201F AEROSPACE VEHICLE TECHNOLOGIES ..................................... 163,032 173,032 

Ground test and development of hypersonic engines ............................. [5,000] 

Hypersonic flight test services ............................................................... [5,000] 

7 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ...................... 136,273 136,273 

8 0602203F AEROSPACE PROPULSION .............................................................. 174,683 181,683 

Low-cost small turbine engine research ................................................. [7,000] 

9 0602204F AEROSPACE SENSORS ..................................................................... 198,918 448,918 

Microelectronics research network ......................................................... [250,000] 

11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR 

HEADQUARTERS ACTIVITIES.

8,891 8,891 

12 0602602F CONVENTIONAL MUNITIONS ......................................................... 151,757 151,757 

13 0602605F DIRECTED ENERGY TECHNOLOGY ............................................. 111,052 111,052 

14 0602788F DOMINANT INFORMATION SCIENCES AND METHODS .......... 169,110 169,110 

SUBTOTAL APPLIED RESEARCH .......................................... 1,307,077 1,586,077 

ADVANCED TECHNOLOGY DEVELOPMENT 

17 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS .................. 131,643 128,743 

Procure Valkyrie aircraft ....................................................................... [75,000] 

Program reduction ................................................................................. [–77,900] 

18 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS .................... 31,905 31,905 

19 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ................ 21,057 21,057 

20 0603203F ADVANCED AEROSPACE SENSORS ............................................... 45,464 45,464 

21 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ...................................... 70,486 72,486 

B–52 engine pylon fairings .................................................................... [2,000] 

22 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ......... 75,273 75,273 


Pbinns on DSKJLVW7X2PROD with BILLS
955 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

23 0603270F ELECTRONIC COMBAT TECHNOLOGY ........................................ 46,591 46,591 

26 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.24,589 24,589 

27 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ................................ 157,423 157,423 

28 0603605F ADVANCED WEAPONS TECHNOLOGY ......................................... 28,258 28,258 

29 0603680F MANUFACTURING TECHNOLOGY PROGRAM ............................. 45,259 54,259 

Hypersonics materials manufacturing ................................................... [2,000] 

Sustainment and modernization research and development program ... [7,000] 

30 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION.56,772 56,772 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.734,720 742,820 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

31 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ............................ 5,795 5,795 

32 0603742F COMBAT IDENTIFICATION TECHNOLOGY ................................. 21,939 21,939 

33 0603790F NATO RESEARCH AND DEVELOPMENT ..................................... 4,114 4,114 

34 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL .......... 49,621 49,621 

36 0604001F NC3 ADVANCED CONCEPTS ........................................................... 6,900 6,900 

37 0604002F AIR FORCE WEATHER SERVICES RESEARCH ........................... 986 986 

38 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) ............ 203,849 203,849 

39 0604004F ADVANCED ENGINE DEVELOPMENT .......................................... 123,712 210,712 

Air Force UFR—Complete two prototype engines ................................ [57,000] 

Program increase ................................................................................... [30,000] 

40 0604006F ARCHITECTURE INITIATIVES ....................................................... 82,438 162,438 

Acceleration of tactical datalink waveform ............................................ [80,000] 

41 0604015F LONG RANGE STRIKE—BOMBER ................................................. 2,872,624 2,872,624 

42 0604032F DIRECTED ENERGY PROTOTYPING ............................................ 10,820 10,820 

43 0604033F HYPERSONICS PROTOTYPING ....................................................... 438,378 438,378 

44 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS ...................... 39,742 39,742 

45 0604257F ADVANCED TECHNOLOGY AND SENSORS ................................. 23,745 28,745 

Air Force automatic target recognition ................................................. [5,000] 

46 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER ..................... 95,788 95,788 

47 0604317F TECHNOLOGY TRANSFER .............................................................. 15,768 23,268 

Academic technology transfer partnerships ........................................... [7,500] 

48 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM 

(HDBTDS) PROGRAM.

15,886 15,886 

49 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS ..................... 71,229 71,229 

50 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D ............... 40,103 40,103 

51 0604858F TECH TRANSITION PROGRAM ....................................................... 343,545 460,345 

Blended wing body prototype phase 1 ................................................... [15,000] 

C–17 active winglets phase 1 ................................................................. [5,000] 

Cold spray technologies .......................................................................... [5,000] 

Engine compressor blade coatings ......................................................... [2,000] 

KC–135 winglets .................................................................................... [10,000] 

NORTHCOM UFR—Proliferated low earth orbit Arctic communications.[79,800] 

52 0605230F GROUND BASED STRATEGIC DETERRENT ............................... 2,553,541 2,553,541 

54 0207110F NEXT GENERATION AIR DOMINANCE ........................................ 1,524,667 1,524,667 

56 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) .............................. 10,905 10,905 

57 0208030F WAR RESERVE MATERIEL—AMMUNITION ................................ 3,943 3,943 

59 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) .............. 43,881 43,881 

61 0305601F MISSION PARTNER ENVIRONMENTS .......................................... 16,420 16,420 

62 0306250F CYBER OPERATIONS TECHNOLOGY SUPPORT ......................... 242,499 282,499 

Coordination with private sector to protect against foreign malicious 

cyber actors.

[15,000] 

CYBERCOM enhanced attribution transition ....................................... [25,000] 

63 0306415F ENABLED CYBER ACTIVITIES ....................................................... 16,578 16,578 

66 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM ......... 20,343 10,343 

Contract writing systems reduction ....................................................... [–10,000] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.8,899,759 9,226,059 

SYSTEM DEVELOPMENT & DEMONSTRATION 

78 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS ........ 23,499 23,499 

79 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS ...................... 167,520 167,520 

80 0604222F NUCLEAR WEAPONS SUPPORT ..................................................... 30,050 30,050 

81 0604270F ELECTRONIC WARFARE DEVELOPMENT .................................. 2,110 2,110 

82 0604281F TACTICAL DATA NETWORKS ENTERPRISE ............................... 169,836 169,836 

83 0604287F PHYSICAL SECURITY EQUIPMENT .............................................. 8,469 8,469 

85 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ................................... 9,047 9,047 

86 0604604F SUBMUNITIONS ................................................................................. 2,954 2,954 

87 0604617F AGILE COMBAT SUPPORT .............................................................. 16,603 16,603 

89 0604706F LIFE SUPPORT SYSTEMS ................................................................ 25,437 25,437 

90 0604735F COMBAT TRAINING RANGES .......................................................... 23,980 37,180 

Air Force combat training ranges ......................................................... [7,200] 

GPS denied training .............................................................................. [3,000] 


Pbinns on DSKJLVW7X2PROD with BILLS
956 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

Gulf test range improvement ................................................................. [3,000] 

92 0604932F LONG RANGE STANDOFF WEAPON ............................................. 609,042 609,042 

93 0604933F ICBM FUZE MODERNIZATION ....................................................... 129,709 129,709 

95 0605056F OPEN ARCHITECTURE MANAGEMENT ....................................... 37,109 37,109 

97 0605223F ADVANCED PILOT TRAINING ........................................................ 188,898 188,898 

98 0605229F HH–60W ................................................................................................ 66,355 66,355

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 7,064 

105 0401221F KC–46A TANKER SQUADRONS ....................................................... 73,459 67,459 

Future tanker development .................................................................... [–6,000] 

107 0401319F VC–25B .................................................................................................. 680,665 680,665 

108 0701212F AUTOMATED TEST SYSTEMS ........................................................ 15,445 15,445 

109 0804772F TRAINING DEVELOPMENTS ........................................................... 4,482 4,482 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.2,570,315 2,577,515 

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 TECHNOLOGY ............. 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 MODERNIZATION—TEST 

AND EVALUATION SUPPORT.

70,788 70,788 

140 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.30,057 30,057 

141 0606017F REQUIREMENTS ANALYSIS AND MATURATION ....................... 85,799 85,799 

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 42,340 

Air Force UFR—Build command and control framework .................... [12,000] 

Rapid engineering architecture collaboration hub ................................. [5,000] 

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 3,032,788 

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 1,005,404 

Program increase ................................................................................... [20,000] 

161 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 22,010 22,010 

162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ............... 51,492 51,492 

163 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ..... 71,391 66,391 

Program reduction ................................................................................. [–5,000] 

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 ............................................................................. 715,811 715,811 

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 COMMUNICATIONS ............. 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 CENTER MODERNIZATION PROGRAM.771 771 

178 0102412F NORTH WARNING SYSTEM (NWS) ................................................ 99 30,199 

NORTHCOM UFR—Over the horizon radar ....................................... [25,100] 

NORTHCOM UFR—Polar over the horizon radar .............................. [5,000] 

179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR ............................ 42,300 42,300 

180 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL ............... 5,889 5,889 

181 0205219F MQ–9 UAV ............................................................................................ 85,135 85,135 

182 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE ................... 3,111 3,111 


Pbinns on DSKJLVW7X2PROD with BILLS
957 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

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 MISSILE 

(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 IMPROVEMENT PROGRAM 103,715 106,715 

Additive manufacturing ......................................................................... [3,000] 

198 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) .......... 117,325 117,325 

199 0207327F SMALL DIAMETER BOMB (SDB) .................................................... 27,109 27,109 

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 ACTIVITIES ................ 21,863 21,863 

206 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ........................... 7,905 7,905 

207 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING 

(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-TRADITIONAL ISR 

FOR BATTLESPACE AWARENESS.

2,463 2,463 

239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 26,331 26,331 

240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS 

NETWORK (MEECN).

58,165 58,165 

242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ........................ 8,032 3,032 

Identity, credentialing, and access management reduction ................... [–5,000] 

243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE ............... 452 452 

244 0303248F ALL DOMAIN COMMON PLATFORM .............................................. 64,000 64,000 

246 0304260F AIRBORNE SIGINT ENTERPRISE .................................................. 97,546 97,546 

247 0304310F COMMERCIAL ECONOMIC ANALYSIS ........................................... 3,770 3,770 

251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY ............ 1,663 1,663 

252 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) ............. 18,888 18,888 

253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ......................... 4,672 4,672 

254 0305103F CYBER SECURITY INITIATIVE ...................................................... 290 290 

255 0305111F WEATHER SERVICE ......................................................................... 26,228 27,228 

Weather forecasting using machine learning ......................................... [1,000] 

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 ACTIVITIES ...... 8,733 8,733 

264 0305179F INTEGRATED BROADCAST SERVICE (IBS) ................................ 21,335 21,335 

265 0305202F DRAGON U–2 ....................................................................................... 17,146 74,146 

Air Force UFR—Antenna replacement ................................................. [57,000] 

267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ................................... 71,791 138,791 

Air Force UFR—ASARS processor and antenna development ............ [67,000] 

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 TARGETING ............... 17,224 17,224 


Pbinns on DSKJLVW7X2PROD with BILLS
958 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

272 0305238F NATO AGS ............................................................................................ 19,473 19,473 

273 0305240F SUPPORT TO DCGS ENTERPRISE ................................................. 40,421 40,421 

274 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY 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 SYSTEMS DEVELOPMENT.4,852 4,852 

301 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES ....................... 6,737 6,737 

999 9999999999 CLASSIFIED PROGRAMS .................................................................. 15,868,973 15,823,973 

Program reduction ................................................................................. [–150,000] 

Project A ................................................................................................ [–5,000] 

Project B ................................................................................................ [–5,000] 

Project C ................................................................................................ [–10,000] 

Project D ................................................................................................ [75,000] 

Project E ................................................................................................ [50,000] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 21,743,003 21,991,103 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

317 0608158F STRATEGIC MISSION PLANNING AND EXECUTION 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)—SOFTWARE PILOT PRO.

135,263 135,263 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

418,281 418,281 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

AF.

39,179,649 40,095,349 

RDTE, SPACE FORCE 

APPLIED RESEARCH 

1 1206601SF SPACE TECHNOLOGY ....................................................................... 181,209 204,909 

Battery cycle life improvements ............................................................. [3,000] 

Radiation hardened microelectronics ..................................................... [5,000] 

Space Force UFR—Innovation applications ......................................... [15,700] 

SUBTOTAL APPLIED RESEARCH .......................................... 181,209 204,909 

ADVANCED TECHNOLOGY DEVELOPMENT 

2 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO .... 75,919 146,919 

Space Force UFR—Accelerate Cislunar flight experiment ................... [61,000] 

SPACECOM UFR—Joint space rapid experimentation and demonstration.[10,000] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.75,919 146,919 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

3 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE).434,194 434,194 

4 1203710SF EO/IR WEATHER SYSTEMS ............................................................. 162,274 162,274 

5 1203905SF SPACE SYSTEM SUPPORT ............................................................... 37,000 37,000 

6 1206422SF WEATHER SYSTEM FOLLOW-ON .................................................. 61,521 61,521 

7 1206425SF SPACE SITUATION AWARENESS SYSTEMS ................................ 123,262 130,262 

Space Force UFR—Maui optical site .................................................... [7,000] 

8 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) .............. 101,851 129,851 

Space Force UFR—Expand Blackjack radio frequency payloads ........ [28,000] 

9 1206438SF SPACE CONTROL TECHNOLOGY ................................................... 32,931 32,931 

10 1206730SF SPACE SECURITY AND DEFENSE PROGRAM ............................ 56,546 56,546 

11 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) ......... 100,320 109,320 


Pbinns on DSKJLVW7X2PROD with BILLS
959 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

Space Force UFR—PTES Prototype Development .............................. [9,000] 

12 1206761SF PROTECTED TACTICAL SERVICE (PTS) ...................................... 243,285 243,285 

13 1206855SF EVOLVED STRATEGIC SATCOM (ESS) ......................................... 160,056 160,056 

14 1206857SF SPACE RAPID CAPABILITIES OFFICE ......................................... 66,193 66,193 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.1,579,433 1,623,433 

SYSTEM DEVELOPMENT & DEMONSTRATION 

15 1203269SF GPS III FOLLOW-ON (GPS IIIF) ...................................................... 264,265 264,265 

16 1203940SF SPACE SITUATION AWARENESS OPERATIONS ......................... 56,279 56,279 

17 1206421SF COUNTERSPACE SYSTEMS ............................................................. 38,063 38,063 

18 1206422SF WEATHER SYSTEM FOLLOW-ON .................................................. 1,438 1,438 

19 1206425SF SPACE SITUATION AWARENESS SYSTEMS ................................ 127,026 136,026 

Space Force UFR—Add space domain rapid innovation pathfinders .. [9,000] 

20 1206431SF ADVANCED EHF MILSATCOM (SPACE) ....................................... 28,218 28,218 

21 1206432SF POLAR MILSATCOM (SPACE) .......................................................... 127,870 127,870 

22 1206442SF NEXT GENERATION OPIR ............................................................... 2,451,256 2,451,256 

23 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION ............ 23,400 23,400 

24 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)— 

EMD.

221,510 230,710 

Space Force UFR—Liquid oxygen explosive tests ................................ [9,200] 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.3,339,325 3,357,525 

MANAGEMENT SUPPORT 

25 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT ........... 19,319 52,619 

Space Force UFR—Signal emulation generation subsystem ................ [33,300] 

26 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS ..................... 214,051 214,051 

27 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA ............................. 12,119 12,119 

28 1206759SF MAJOR T&E INVESTMENT—SPACE .............................................. 71,503 71,503 

29 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...................... 17,769 27,769 

Tactically responsive launch .................................................................. [10,000] 

31 1206864SF SPACE TEST PROGRAM (STP) ........................................................ 20,881 20,881 

SUBTOTAL MANAGEMENT SUPPORT ................................. 355,642 398,942 

OPERATIONAL SYSTEM DEVELOPMENT 

33 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) ........... 4,731 4,731 

34 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) ................ 156,788 156,788 

35 1203040SF DCO-SPACE ......................................................................................... 2,150 13,050 

Space Force UFR—Cyber defense platforms for SBIRs and groundbased radar.[10,900] 

36 1203109SF NARROWBAND SATELLITE COMMUNICATIONS ....................... 112,012 112,012 

37 1203110SF SATELLITE CONTROL NETWORK (SPACE) ................................ 36,810 36,810 

38 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND 

CONTROL SEGMENTS).

1,966 1,966 

39 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER ....... 1,699 5,699 

Space Force UFR—Improve operations of payload adapter ................ [4,000] 

40 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT.18,054 38,054 

Space Force UFR—Digitial core services for distributed space test 

and training.

[20,000] 

41 1203182SF SPACELIFT RANGE SYSTEM (SPACE) .......................................... 11,115 11,115 

42 1203265SF GPS III SPACE SEGMENT ................................................................ 7,207 7,207 

43 1203330SF SPACE SUPERIORITY ISR ............................................................... 18,109 18,109 

44 1203620SF NATIONAL SPACE DEFENSE CENTER ........................................ 1,280 1,280 

45 1203873SF BALLISTIC MISSILE DEFENSE RADARS ..................................... 12,292 12,292 

46 1203906SF NCMC—TW/AA SYSTEM ................................................................... 9,858 9,858 

47 1203913SF NUDET DETECTION SYSTEM (SPACE) ........................................ 45,887 45,887 

48 1203940SF SPACE SITUATION AWARENESS OPERATIONS ......................... 64,763 64,763 

49 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT.413,766 413,766 

53 1206770SF ENTERPRISE GROUND SERVICES ................................................ 191,713 191,713 

999 9999999999 CLASSIFIED PROGRAMS .................................................................. 4,474,809 4,763,809 

Program increase ................................................................................... [10,000] 

Space Force UFR—classified ................................................................ [279,000] 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 5,585,009 5,908,909 

SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 

54 1203614SF JSPOC MISSION SYSTEM ................................................................. 154,529 154,529 

SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

154,529 154,529 

TOTAL RDTE, SPACE FORCE .................................................. 11,271,066 11,795,166 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

1 0601000BR DTRA BASIC RESEARCH ................................................................. 11,828 11,828 


Pbinns on DSKJLVW7X2PROD with BILLS
960 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

2 0601101E DEFENSE RESEARCH SCIENCES .................................................. 395,781 410,781 

Increase for DARPA-funded university research activities ................... [15,000] 

3 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES ...................... 15,390 15,390 

4 0601110D8Z BASIC RESEARCH INITIATIVES .................................................... 39,828 72,328 

DEPSCoR .............................................................................................. [10,000] 

Minerva management and social science research ................................. [22,500] 

5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ........... 76,018 81,018 

Traumatic brain injury research ............................................................ [5,000] 

6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM .......................... 112,195 113,695 

DOD laboratory workforce development program ................................. [1,500] 

7 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.31,136 31,136 

8 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ................ 34,708 34,708 

SUBTOTAL BASIC RESEARCH ................................................ 716,884 770,884 

APPLIED RESEARCH 

9 0602000D8Z JOINT MUNITIONS TECHNOLOGY ................................................ 19,591 19,591 

10 0602115E BIOMEDICAL TECHNOLOGY .......................................................... 108,698 123,698 

Program increase ................................................................................... [15,000] 

12 0602230D8Z DEFENSE TECHNOLOGY INNOVATION ...................................... 22,918 72,918 

6G and beyond experimentation efforts ................................................. [50,000] 

13 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ........................ 55,692 55,692 

14 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T 

PRIORITIES.

65,015 65,015 

15 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ............... 430,363 745,363 

National Security Commission on Artificial Intelligence implementation.[200,000] 

Program increase ................................................................................... [15,000] 

Quantum computing acceleration .......................................................... [100,000] 

16 0602383E BIOLOGICAL WARFARE DEFENSE ............................................... 31,421 31,421 

17 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ................ 206,956 206,956 

18 0602668D8Z CYBER SECURITY RESEARCH ....................................................... 15,380 15,380 

19 0602702E TACTICAL TECHNOLOGY ................................................................ 202,515 202,515 

20 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY .......................... 317,024 332,024 

Program increase ................................................................................... [15,000] 

21 0602716E ELECTRONICS TECHNOLOGY ........................................................ 357,384 372,384 

Program increase ................................................................................... [15,000] 

22 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH.197,011 197,011 

23 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.9,601 9,601 

24 0602890D8Z HIGH ENERGY LASER RESEARCH ............................................... 45,997 45,997 

25 1160401BB SOF TECHNOLOGY DEVELOPMENT ............................................ 44,829 44,829 

SUBTOTAL APPLIED RESEARCH .......................................... 2,130,395 2,540,395 

ADVANCED TECHNOLOGY DEVELOPMENT 

26 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ......................... 23,213 23,213 

27 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ............................................. 4,665 4,665 

28 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ................ 69,376 69,376 

29 0603133D8Z FOREIGN COMPARATIVE TESTING .............................................. 25,432 45,432 

Domestic comparative testing program ................................................. [20,000] 

31 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED 

TECHNOLOGY DEVELOPMENT.

399,362 399,362 

32 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 15,800 21,000 

MDA UFR—Cybersecurity improvements ............................................ [5,200] 

33 0603180C ADVANCED RESEARCH ................................................................... 21,466 26,466 

High speed flight experiment testing ..................................................... [5,000] 

34 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT 

&TRANSITION.

51,340 51,340 

35 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT.19,063 19,063 

36 0603286E ADVANCED AEROSPACE SYSTEMS .............................................. 174,043 174,043 

37 0603287E SPACE PROGRAMS AND TECHNOLOGY ....................................... 101,524 101,524 

38 0603288D8Z ANALYTIC ASSESSMENTS ............................................................... 24,012 24,012 

39 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS ............. 51,513 51,513 

42 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING .................... 115,443 190,443 

Rapid Innovation Program .................................................................... [75,000] 

43 0603342D8Z DEFENSE INNOVATION UNIT (DIU) ............................................ 31,873 31,873 

44 0603375D8Z TECHNOLOGY INNOVATION .......................................................... 54,433 54,433 

45 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.197,824 197,824 

46 0603527D8Z RETRACT LARCH .............................................................................. 99,175 99,175 

47 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ...................... 18,221 18,221 

48 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ......... 102,669 102,669 

49 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES .................... 2,984 2,984 

50 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.134,022 145,522 

Certification-based workforce training programs for manufacturing .... [3,000] 


Pbinns on DSKJLVW7X2PROD with BILLS
961 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

Cybersecurity for industrial control systems ......................................... [3,000] 

Data analytics and visual system .......................................................... [3,000] 

Integrated silicon-based lasers ............................................................... [2,500] 

51 0603680S MANUFACTURING TECHNOLOGY PROGRAM ............................. 37,543 46,543 

HPC-enabled large-scale advanced manufacturing ................................ [4,000] 

Steel Performance Initiative .................................................................. [5,000] 

53 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.12,418 12,418 

54 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ........... 51,863 51,863 

55 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND 

SUPPORT.

160,821 160,821 

56 0603727D8Z JOINT WARFIGHTING PROGRAM .................................................. 2,169 2,169 

57 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ............................. 116,716 131,716 

Program increase ................................................................................... [15,000] 

58 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ..... 251,794 266,794 

Program increase ................................................................................... [15,000] 

59 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ......................... 584,771 689,771 

Artificial intelligence research activities ................................................ [100,000] 

Deep water active technologies .............................................................. [5,000] 

60 0603767E SENSOR TECHNOLOGY .................................................................... 294,792 259,792 

Program reduction ................................................................................. [–35,000] 

61 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.6,398 6,398 

62 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ...................................... 14,677 14,677 

65 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 107,397 107,397 

66 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ..................... 267,161 267,161 

67 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK ....................... 21,270 21,270 

68 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ........... 74,300 74,300 

74 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ...................... 93,415 93,415 

75 1206310SDA SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT.172,638 172,638 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.4,007,596 4,233,296 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

76 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E ADC&P.

28,687 28,687 

77 0603600D8Z WALKOFF ............................................................................................ 108,652 108,652 

79 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION 

PROGRAM.

71,429 71,429 

80 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.277,949 279,949 

Survivability planning and intercept evaluation tool ............................. [2,000] 

81 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.745,144 745,144 

82 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/ 

VAL.

129,445 129,445 

83 0603884C BALLISTIC MISSILE DEFENSE SENSORS .................................. 224,750 227,762 

MDA UFR—Cybersecurity improvements ............................................ [3,012] 

84 0603890C BMD ENABLING PROGRAMS .......................................................... 595,301 714,497 

MDA UFR—Cybersecurity improvements ............................................ [44,830] 

MDA UFR—System survivability in radiation environments ............... [20,166] 

MDA UFR—Tower-based fire control sensor for cruise missile defense.[27,000] 

NORTHCOM UFR—NCR elevated radar ............................................ [27,200] 

85 0603891C SPECIAL PROGRAMS—MDA ............................................................ 413,374 413,374 

86 0603892C AEGIS BMD ......................................................................................... 732,512 780,912 

MDA UFR—Radar upgrades ................................................................ [48,400] 

87 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, 

BATTLE MANAGEMENT AND COMMUNICATI.

603,448 609,924 

MDA UFR—Cybersecurity improvements ............................................ [2,000] 

MDA UFR—JADC2 integration ........................................................... [4,476] 

88 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT.50,594 50,594 

89 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER 

(MDIOC).

52,403 52,403 

90 0603906C REGARDING TRENCH ...................................................................... 11,952 11,952 

91 0603907C SEA BASED X-BAND RADAR (SBX) ............................................... 147,241 147,241 

92 0603913C ISRAELI COOPERATIVE PROGRAMS ............................................ 300,000 300,000 

93 0603914C BALLISTIC MISSILE DEFENSE TEST .......................................... 362,906 362,906 

94 0603915C BALLISTIC MISSILE DEFENSE TARGETS .................................. 553,334 553,334 

96 0603923D8Z COALITION WARFARE ..................................................................... 5,103 5,103 

97 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS 

TECHNOLOGY (5G).

374,665 474,665 

5G acceleration activities ....................................................................... [100,000] 

98 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ............. 3,259 3,259 

99 0604102C GUAM DEFENSE DEVELOPMENT ................................................. 78,300 232,750 


Pbinns on DSKJLVW7X2PROD with BILLS
962 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

INDOPACOM UFR—Guam Defense System ...................................... [154,450] 

103 0604181C HYPERSONIC DEFENSE .................................................................. 247,931 309,796 

MDA UFR—Accelerate hypersonic defensive systems .......................... [61,865] 

104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ................................ 716,456 681,456 

Program increase—Project B ................................................................ [60,000] 

Program reduction—Project A .............................................................. [–10,000] 

Program reduction—strategic capabilities research and prototyping ... [–100,000] 

Thermionic energy generation ............................................................... [15,000] 

105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS ............................ 509,195 509,195 

106 0604331D8Z RAPID PROTOTYPING PROGRAM .................................................. 103,575 53,575 

Program reduction—joint affordable kill chain ..................................... [–50,000] 

107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING ............... 11,213 11,213 

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 IMPROVEMENT—NON 

S&T.

23,200 23,200 

111 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDR-H) ................... 0 76,000 

INDOPACOM UFR—Restoration of HDR-H ...................................... [76,000] 

113 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS 

(SSA).

3,519 3,519 

114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND 

INTEROPERABILITY ASSESSMENTS.

17,439 42,439 

Joint All-Domain Command and Control experimentation ................... [25,000] 

115 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ...................... 133,335 133,335 

116 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS ............... 926,125 926,125 

117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.32,697 32,697 

118 0604878C AEGIS BMD TEST .............................................................................. 117,055 117,055 

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 636,179 649,179 

Laser communication ground terminals ................................................ [5,000] 

Space laser communications .................................................................. [8,000] 

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 DEVELOPMENT & PROTOTYPES.9,854,341 10,378,740 

SYSTEM DEVELOPMENT & DEMONSTRATION 

129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E SDD.

5,682 5,682 

131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ... 299,848 299,848 

132 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION 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 INITIATIVE .................... 7,205 7,205 

136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ....................................... 5,447 5,447 

137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES .................................. 16,892 16,892 

138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION.679 679 

140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL 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, & COMMUNICATIONS ......... 3,991 3,991 

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 & DEMONSTRATION.548,687 548,687 

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 DEVELOPMENT ................. 7,859 7,859 

154 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).550,140 554,140 


Pbinns on DSKJLVW7X2PROD with BILLS
963 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

Wave glider development ....................................................................... [4,000] 

155 0604942D8Z ASSESSMENTS AND EVALUATIONS ............................................. 17,980 17,980 

156 0605001E MISSION SUPPORT ............................................................................ 73,145 73,145 

157 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 71,410 71,410 

159 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).52,671 52,671 

161 0605142D8Z SYSTEMS ENGINEERING ................................................................ 40,030 25,030 

Program reduction ................................................................................. [–15,000] 

162 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ................................. 4,612 9,612 

Acquisition Innovation Research Center ................................................ [5,000] 

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 PROGRAM ................ 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 25,889 

174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ............................................ 39,774 39,774 

175 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ......... 61,453 11,453 

Program reduction ................................................................................. [–50,000] 

176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING 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 INFORMATION 

CENTER (DTIC).

3,549 3,549 

180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS .................................... 15,438 15,438 

181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS .................... 2,897 2,897 

182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT 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 55,361 

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 TRAINING TRANSFORMATION (CE2T2)—NON-MHA.29,530 29,530 

198 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT 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 1,327,845 

OPERATIONAL SYSTEMS DEVELOPMENT 

202 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ..................................... 5,355 5,355 

203 0604532K JOINT ARTIFICIAL INTELLIGENCE ............................................. 10,033 10,033 

206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT.58,189 97,439 

Defense industrial skills and technology training systems .................... [4,000] 

Demonstration program on domestic production of rare earth elements from coal byproducts.[3,000] 

Digital manufacturing ............................................................................ [1,500] 

Industrial skills training ........................................................................ [2,500] 

Rare earth element separation technologies .......................................... [7,500] 

Submarine construction workforce training pipeline ............................. [20,750] 

207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT 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 (OPERATIONAL 

SYSTEMS DEVELOPMENT).

58,261 58,261 

215 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.16,233 16,233 

216 0303126K LONG-HAUL COMMUNICATIONS—DCS ........................................ 10,275 10,275 

217 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS 

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 program ...................... [20,000] 

220 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ........................ 423,745 463,745 

Additional cybersecurity support for the defense industrial base .......... [25,000] 

Pilot program on public-private partnership with internet ecosystem 

companies.

[25,000] 


Pbinns on DSKJLVW7X2PROD with BILLS
964 

•S 2792 RS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Senate 

Authorized 

Program reduction ................................................................................. [–10,000] 

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 INFORMATION TECHNOLOGY.15,326 15,326 

232 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES ........................... 8,800 8,800 

235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ...... 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 TRANSFER PROGRAM 1,273 1,273 

255 0708012K LOGISTICS SUPPORT ACTIVITIES ................................................ 1,690 1,690 

256 0708012S PACIFIC DISASTER CENTERS ........................................................ 1,799 1,799 

257 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM .................. 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 ................................................. 145,830 145,830 

264 1160431BB WARRIOR SYSTEMS .......................................................................... 78,592 82,803 

SOCOM UFR—Maritime scalable effects acceleration ......................... [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 INTELLIGENCE .................. 10,990 10,990 

999 9999999999 CLASSIFIED PROGRAMS .................................................................. 5,208,029 5,198,029 

Project A ................................................................................................ [–10,000] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,607,385 6,700,846 

SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 

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.

247,452 247,452 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS.

608,742 608,742 

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, 

DW.

25,857,875 27,109,435 

OPERATIONAL TEST & EVAL, DEFENSE 

MANAGEMENT SUPPORT 

1 0605118OTE OPERATIONAL TEST AND EVALUATION .................................... 105,394 105,394 

2 0605131OTE LIVE FIRE TEST AND EVALUATION ............................................ 68,549 68,549 

3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .................. 42,648 62,648 

Joint Test and Evaluation restoration .................................................. [20,000] 

SUBTOTAL MANAGEMENT SUPPORT ................................. 216,591 236,591 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE ........... 216,591 236,591 

TOTAL RDT&E ................................................................................ 111,964,188 116,106,252 

1 TITLE XLIII—OPERATION AND 

2 MAINTENANCE 

3 SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................................... 3,563,856 3,563,856 

020 MODULAR SUPPORT BRIGADES .............................................. 142,082 142,082 


Pbinns on DSKJLVW7X2PROD with BILLS
965 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

030 ECHELONS ABOVE BRIGADE ................................................... 758,174 758,174 

040 THEATER LEVEL ASSETS ......................................................... 2,753,783 2,867,212 

Army UFR—PM WIN-T SNAP & GRRIP for OIR ....................... [1,654 ] 

Army UFR—PM WIN-T SNAP & GRRIP for OSS ....................... [5,775 ] 

CENTCOM UFR—PATRIOT support ............................................ [106,000 ] 

050 LAND FORCES OPERATIONS SUPPORT ................................. 1,110,156 1,110,156 

060 AVIATION ASSETS ........................................................................ 1,795,522 1,795,522 

070 FORCE READINESS OPERATIONS SUPPORT ........................ 7,442,976 7,982,801 

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 control systems ... [14,824 ] 

Army UFR—Medical sustainment level maintenance ...................... [16,400 ] 

Army UFR—Mission Partner Environment .................................... [6,300 ] 

Army UFR—Support to Homeland Contingency Operatons ........... [228,410 ] 

Army UFR—TADSS maintenance .................................................. [17,000 ] 

CENTCOM UFR—Heavylift logistics ............................................. [40,300 ] 

080 LAND FORCES SYSTEMS READINESS .................................... 580,921 614,921 

CENTCOM UFR—COMSAT air time ............................................ [34,000 ] 

090 LAND FORCES DEPOT MAINTENANCE .................................. 1,257,959 1,590,055 

Army UFR—Aerial-Intelligence, Surveillance, Reconnaissance (AISR) Sustainment ......................................................................... [38,900 ] 

Army UFR—Communications & Electronics Repair Cycle Float .... [3,200 ] 

Army UFR—Tactical Combat Vehicle Repair Cycle Float .............. [89,017 ] 

Army UFR—UH–60 L-L Repair Cycle Float ................................. [125,565 ] 

Army UFR—Weapon system software readiness ............................. [75,414 ] 

100 MEDICAL READINESS ................................................................. 1,102,964 1,102,964 

110 BASE OPERATIONS SUPPORT .................................................. 8,878,603 8,946,132 

Army UFR—Accelerate food service modernization ........................ [25,129 ] 

Army UFR—Army Climate Assessment Tool (ACAT) .................... [1,000 ] 

Army UFR—Electrical grid improvements for electric vehicle 

charging stations ........................................................................... [20,000 ] 

Army UFR—GSA leased vehicles .................................................... [14,700 ] 

Army UFR—Monitoring and predicting desertification .................. [1,200 ] 

Army UFR—Multi-Domain Operations-Live ................................... [1,500 ] 

Army UFR—Natural infrastructure and range lands, climate resilence at Ft. Huachuca ................................................................ [4,000 ] 

120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 4,051,869 4,891,954 

Army UFR—Critical organic industrial base production capacity .. [7,400 ] 

Army UFR—Fort Belvoir CDC Restoration and Modernization .... [1,380 ] 

Army UFR—Fort Polk CDC Restoration and Modernization ........ [2,305 ] 

Program increase FSRM to 100% ................................................... [829,000 ] 

130 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 289,891 289,891 

140 ADDITIONAL ACTIVITIES .......................................................... 526,517 578,517 

Army UFR—EDI ADOS ................................................................. [52,000 ] 

160 RESET ............................................................................................. 397,196 397,196 

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 OPERATIONS .. 621,836 685,898 

Army UFR—Autonomic Security Operations Center ...................... [1,150 ] 

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) ... [44,627 ] 

220 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 629,437 726,176 

Army UFR—C-SCRM supplier vetting and equipment inspection .. [1,200 ] 

Army UFR—Cybersecurity control systems assessments ................ [89,889 ] 

Army UFR—Cyber-Supply Chain Risk Mgmt (C-SCRM) program [2,750 ] 


Pbinns on DSKJLVW7X2PROD with BILLS
966 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

Army UFR—Defensive cyber sensors .............................................. [2,900 ] 

SUBTOTAL OPERATING FORCES .................................... 36,846,243 39,161,532 

MOBILIZATION 

230 STRATEGIC MOBILITY ................................................................ 353,967 485,063 

Army UFR—APS–3 Afloat ship use rate cost increases ................. [114,495 ] 

Army UFR—Medical CBRN equipment .......................................... [16,601 ] 

240 ARMY PREPOSITIONED STOCKS .............................................. 381,192 701,139 

Army UFR—APS–1 CONUS Operational Project Care of Supplies 

in Storage ...................................................................................... [10,271 ] 

Army UFR—APS–2 Europe Care of Supplies In Storage .............. [193,746 ] 

Army UFR—APS–4 South Humanitarian Assistance Disaster Relief Site .......................................................................................... [31,487 ] 

Army UFR—Medical equipment ...................................................... [84,443 ] 

250 INDUSTRIAL PREPAREDNESS ................................................. 3,810 3,810 

SUBTOTAL MOBILIZATION ................................................. 738,969 1,190,012 

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 .................................................................... 616,380 634,480 

Army UFR—ATRRS Modernization ............................................... [18,100 ] 

340 RECRUITING AND ADVERTISING ............................................ 683,569 684,963 

Army UFR—Enterprise Technology Integration, Governance, 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 5,496,152 

ADMIN & SRVWIDE ACTIVITIES 

400 SERVICEWIDE TRANSPORTATION .......................................... 684,562 776,778 

Army UFR—Second destination transportation .............................. [70,716 ] 

Army UFR—Transportation management system .......................... [21,500 ] 

410 CENTRAL SUPPLY ACTIVITIES ................................................ 808,895 898,795 

Army UFR—Advanced additive manufacturing .............................. [89,900 ] 

420 LOGISTIC SUPPORT ACTIVITIES ............................................. 767,053 873,517 

Army UFR—AMC LITeS ................................................................ [29,104 ] 

Army UFR—Deployments and mobilizations for Operation Spartan Shield (OSS) ........................................................................... [77,360 ] 

430 AMMUNITION MANAGEMENT ................................................... 469,038 469,038 

440 ADMINISTRATION ........................................................................ 488,535 492,535 

Joint Counter-UAS Office training support ..................................... [4,000 ] 

450 SERVICEWIDE COMMUNICATIONS .......................................... 1,952,742 2,018,125 

Army UFR—CHRA IT Cloud ......................................................... [5,300 ] 

Army UFR—ERP convergence/modernization ................................ [49,420 ] 

Army UFR—Harden CSS VSAT network ....................................... [10,663 ] 

460 MANPOWER MANAGEMENT ...................................................... 323,273 323,273 

470 OTHER PERSONNEL SUPPORT ................................................ 663,602 730,041 

Army UFR—Enterprise Technology Integration, Governance, and 

Engineering Requirements (ETIGER) ......................................... [1,393 ] 

Army UFR—HR cloud and IT modernization ................................ [29,675 ] 

Army UFR—integrated Personnel Electronic Records Management System (iPERMS) ............................................................... [5,371 ] 

Army UFR—Personnel security investigations ................................ [30,000 ] 

480 OTHER SERVICE SUPPORT ....................................................... 2,004,981 2,071,057 

Army UFR—DFAS cost estimation ................................................ [49,983 ] 

Army UFR—Presidential and DOD support ................................... [16,093 ] 

490 ARMY CLAIMS ACTIVITIES ........................................................ 180,178 180,178 

500 REAL ESTATE MANAGEMENT .................................................. 269,009 274,009 

Army real estate inventory system ................................................... [5,000 ] 

510 FINANCIAL MANAGEMENT AND AUDIT READINESS ......... 437,940 437,940 

520 INTERNATIONAL MILITARY HEADQUARTERS .................... 482,571 482,571 


Pbinns on DSKJLVW7X2PROD with BILLS
967 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

530 MISC. SUPPORT OF OTHER NATIONS .................................... 29,670 29,670 

9999 CLASSIFIED PROGRAMS ............................................................ 2,008,633 2,063,571 

Army UFR—Helios Dagger ............................................................. [14,710 ] 

SOUTHCOM UFR—Additional non-traditional ISR operations .... [22,228 ] 

SOUTHCOM UFR—Additional traditional ISR operations ........... [18,000 ] 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .............. 11,570,682 12,121,098 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –826,660 

Bulk fuel adjustment ........................................................................ [–25,560 ] 

Foreign currency fluctuations ........................................................... [–81,000 ] 

Printing costs reduction .................................................................... [–5,100 ] 

Unobligated balances ........................................................................ [–715,000 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –826,660 

TOTAL OPERATION & MAINTENANCE, ARMY ........... 54,616,397 57,142,134 

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 .................................................. 584,513 620,513 

Army UFR—Repair Transient Training Officer Barracks Bldg 

5406, ASA Dix .............................................................................. [18,000 ] 

Army UFR—Repair Transient Training Officer Barracks Bldg 

5502, ASA Dix .............................................................................. [18,000 ] 

100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 342,433 342,433 

110 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 22,472 22,472 

120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .. 2,764 2,764 

130 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 7,476 7,476 

SUBTOTAL OPERATING FORCES .................................... 2,872,715 2,908,715 

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 ......................................................................... 0 –42,995 

Bulk fuel adjustment ........................................................................ [–3,195 ] 

Unobligated balances ........................................................................ [–39,800 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –42,995 

TOTAL OPERATION & MAINTENANCE, ARMY RES 3,000,635 2,993,640 

OPERATION & MAINTENANCE, ARNG 

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 1,110,416 

070 FORCE READINESS OPERATIONS SUPPORT ........................ 704,827 709,827 

CNGB UFR—Weapons of Mass Destruction Civil Support Teams 

Equipment Sustainment ............................................................... [5,000 ] 

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 


Pbinns on DSKJLVW7X2PROD with BILLS
968 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 956,988 1,007,813 

Army UFR—Force Projection Outload Facility .............................. [2,520 ] 

Army UFR—Operational Readiness Training Complex .................. [48,305 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 1,047,870 1,047,870 

130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS .. 8,071 8,071 

140 CYBERSPACE ACTIVITIES—CYBERSECURITY ..................... 7,828 7,828 

SUBTOTAL OPERATING FORCES .................................... 7,209,024 7,264,849 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION .......................................... 8,017 8,017 

160 ADMINISTRATION ........................................................................ 76,993 106,987 

CNGB UFR—Joint information exchange environment ................. [6,300 ] 

State Partnership Program—restore to FY21 levels ....................... [23,694 ] 

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 ................... 438,185 468,179 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –113,795 

Bulk fuel adjustment ........................................................................ [–3,195 ] 

Unobligated balances ........................................................................ [–110,600 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –113,795 

TOTAL OPERATION & MAINTENANCE, ARNG ........... 7,647,209 7,619,233 

AFGHANISTAN SECURITY FORCES FUND 

AFGHAN NATIONAL ARMY 

010 SUSTAINMENT .............................................................................. 1,053,668 1,053,668 

020 INFRASTRUCTURE ...................................................................... 1,818 1,818 

030 EQUIPMENT AND TRANSPORTATION .................................... 22,911 22,911 

040 TRAINING AND OPERATIONS ................................................... 31,837 31,837 

SUBTOTAL AFGHAN NATIONAL ARMY ......................... 1,110,234 1,110,234 

AFGHAN NATIONAL POLICE 

050 SUSTAINMENT .............................................................................. 440,628 440,628 

070 EQUIPMENT AND TRANSPORTATION .................................... 38,551 38,551 

080 TRAINING AND OPERATIONS ................................................... 38,152 38,152 

SUBTOTAL AFGHAN NATIONAL POLICE ..................... 517,331 517,331 

AFGHAN AIR FORCE 

090 SUSTAINMENT .............................................................................. 562,056 562,056 

110 EQUIPMENT AND TRANSPORTATION .................................... 26,600 26,600 

120 TRAINING AND OPERATIONS ................................................... 169,684 169,684 

SUBTOTAL AFGHAN AIR FORCE ...................................... 758,340 758,340 

AFGHAN SPECIAL SECURITY FORCES 

130 SUSTAINMENT .............................................................................. 685,176 685,176 

150 EQUIPMENT AND TRANSPORTATION .................................... 78,962 78,962 

160 TRAINING AND OPERATIONS ................................................... 177,767 177,767 

SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 941,905 941,905 

TOTAL AFGHANISTAN SECURITY FORCES FUND .. 3,327,810 3,327,810 

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 ] 


Pbinns on DSKJLVW7X2PROD with BILLS
969 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

020 FLEET AIR TRAINING ................................................................. 2,465,007 2,621,907 

Navy UFR—Flying hour program - fleet replacement squadron .... [156,900 ] 

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 5,934,028 

Navy UFR—Resilient Communications and PNT for Combat Logistics Fleet (CLF) ....................................................................... [34,000 ] 

Navy UFR—Submarine Tender Overhaul ....................................... [42,000 ] 

100 SHIP OPERATIONS SUPPORT & TRAINING ........................... 1,154,696 1,168,196 

Navy UFR—Accelerate Naval Tactical Grid Development for Joint 

All-Domain Command and Control (JADC2) .............................. [200 ] 

Navy UFR—Naval Operational Business Logistics Enterprise 

(NOBLE) ...................................................................................... [13,300 ] 

110 SHIP DEPOT MAINTENANCE .................................................... 10,300,078 10,339,878 

Navy UFR—A–120 availability ........................................................ [39,800 ] 

120 SHIP DEPOT OPERATIONS SUPPORT ..................................... 2,188,454 2,224,454 

Navy UFR—CG Modernization Pricing ........................................... [36,000 ] 

130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE ............................................................................................ 1,551,846 1,551,846 

140 SPACE SYSTEMS AND SURVEILLANCE .................................. 327,251 339,251 

Navy UFR—T-AGOS maintenance and repair ................................ [12,000 ] 

150 WARFARE TACTICS ..................................................................... 798,082 798,082 

160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ..... 447,486 447,486 

170 COMBAT SUPPORT FORCES ...................................................... 2,250,756 2,297,856 

CENTCOM UFR—Naval patrol craft support ................................ [47,100 ] 

180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS 

SUPPORT .................................................................................... 192,968 192,968 

190 COMBATANT COMMANDERS CORE OPERATIONS ............... 61,614 61,614 

200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 198,596 449,436 

INDOPACOM UFR—Critical HQ manpower positions .................. [4,620 ] 

INDOPACOM UFR—Future fusion centers ................................... [3,300 ] 

INDOPACOM UFR—ISR augmentation ........................................ [41,000 ] 

INDOPACOM UFR—Mission Partner Environment ...................... [54,010 ] 

INDOPACOM UFR—Multi-Domain Training and Experimentation Capability ........................................................................... [59,410 ] 

INDOPACOM UFR—Pacific Movement Coordination Center ........ [500 ] 

INDOPACOM UFR—Wargaming analytical tools .......................... [88,000 ] 

210 MILITARY INFORMATION SUPPORT OPERATIONS ............. 8,984 36,984 

INDOPACOM UFR—Military Information Support Ops ............... [28,000 ] 

220 CYBERSPACE ACTIVITIES ......................................................... 565,926 560,926 

Identity, credentialing, and access management reduction .............. [–5,000 ] 

230 FLEET BALLISTIC MISSILE ...................................................... 1,476,247 1,476,247 

240 WEAPONS MAINTENANCE ......................................................... 1,538,743 1,538,743 

250 OTHER WEAPON SYSTEMS SUPPORT .................................... 592,357 592,357 

260 ENTERPRISE INFORMATION .................................................... 734,970 734,970 

270 SUSTAINMENT, RESTORATION AND MODERNIZATION .... 2,961,937 3,536,937 

Program increase FSRM to 100% ................................................... [575,000 ] 

280 BASE OPERATING SUPPORT ..................................................... 4,826,314 4,826,314 

SUBTOTAL OPERATING FORCES .................................... 51,225,390 52,958,130 

MOBILIZATION 

290 SHIP PREPOSITIONING AND SURGE ...................................... 457,015 506,315 

Navy UFR—Maritime Prepositioning Force (MPF) Engine Overhauls .............................................................................................. [49,300 ] 

300 READY RESERVE FORCE ........................................................... 645,522 645,522 

310 SHIP ACTIVATIONS/INACTIVATIONS ...................................... 353,530 353,530 

320 EXPEDITIONARY HEALTH SERVICES SYSTEMS ................. 149,384 164,184 

Navy UFR—Expeditionary medical readiness ................................. [14,800 ] 

330 COAST GUARD SUPPORT ........................................................... 20,639 20,639 

SUBTOTAL MOBILIZATION ................................................. 1,626,090 1,690,190 

TRAINING AND RECRUITING 

340 OFFICER ACQUISITION .............................................................. 172,913 172,913 

350 RECRUIT TRAINING .................................................................... 13,813 13,813 

360 RESERVE OFFICERS TRAINING CORPS ................................. 167,152 167,152 


Pbinns on DSKJLVW7X2PROD with BILLS
970 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

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 1,268,961 

450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 212,952 212,952 

460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 562,546 562,546 

470 MEDICAL ACTIVITIES ................................................................. 285,436 285,436 

480 SERVICEWIDE TRANSPORTATION .......................................... 217,782 217,782 

500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT ...... 479,480 479,480 

510 ACQUISITION, LOGISTICS, AND OVERSIGHT ........................ 741,045 741,045 

520 INVESTIGATIVE AND SECURITY SERVICES ......................... 738,187 738,187 

9999 CLASSIFIED PROGRAMS ............................................................ 607,517 607,517 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 5,113,906 5,113,906 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –377,115 

Bulk fuel adjustment ........................................................................ [–54,315 ] 

Foreign currency fluctuations ........................................................... [–96,000 ] 

Printing costs reduction .................................................................... [–5,100 ] 

Unobligated balances ........................................................................ [–221,700 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –377,115 

TOTAL OPERATION & MAINTENANCE, NAVY ........... 60,441,228 61,860,953 

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 1,532,630 

030 DEPOT MAINTENANCE ............................................................... 215,949 215,949 

040 MARITIME PREPOSITIONING .................................................... 107,969 107,969 

050 CYBERSPACE ACTIVITIES ......................................................... 233,486 233,486 

060 SUSTAINMENT, RESTORATION & MODERNIZATION .......... 1,221,117 1,445,117 

Program increase FSRM to 100% ................................................... [224,000 ] 

070 BASE OPERATING SUPPORT ..................................................... 2,563,278 2,563,278 

SUBTOTAL OPERATING FORCES .................................... 7,461,885 7,731,185 

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 

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 ......................................................................... 0 –108,815 

Bulk fuel adjustment ........................................................................ [–54,315 ] 

Foreign currency fluctuations ........................................................... [–12,000 ] 

Printing costs reduction .................................................................... [–5,100 ] 

Unobligated balances ........................................................................ [–37,400 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –108,815 


Pbinns on DSKJLVW7X2PROD with BILLS
971 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

TOTAL OPERATION & MAINTENANCE, MARINE 

CORPS ....................................................................................... 9,024,791 9,185,276 

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 MODERNIZATION .... 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 MANAGEMENT 12,191 12,191 

150 ACQUISITION AND PROGRAM MANAGEMENT ...................... 3,073 3,073 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 17,207 17,207 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –17,495 

Bulk fuel adjustment ........................................................................ [–3,195 ] 

Unobligated balances ........................................................................ [–14,300 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –17,495 

TOTAL OPERATION & MAINTENANCE, NAVY RES 1,148,698 1,131,203 

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 MODERNIZATION .... 42,702 42,702 

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 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –7,695 

Bulk fuel adjustment ........................................................................ [–3,195 ] 

Unobligated balances ........................................................................ [–4,500 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –7,695 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ........................................................................................ 285,050 323,255 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................................... 706,860 706,860 

020 COMBAT ENHANCEMENT FORCES ......................................... 2,382,448 2,478,948 

Air Force UFR—Build command and control framework ............... [5,000 ] 

Air Force UFR—Weapon system sustainment ................................ [37,000 ] 

CENTCOM UFR—Additional ISR .................................................. [53,000 ] 

EUCOM UFR—Air Base Air Defense Operations Center .............. [1,500 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) .... 1,555,320 1,840,320 

Air Force UFR—FSRM ................................................................... [285,000 ] 

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE ............... 3,661,762 3,870,762 

Air Force UFR—Weapon system sustainment ................................ [209,000 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 3,867,114 4,611,114 

Program increase FSRM to 100% ................................................... [744,000 ] 

060 CYBERSPACE SUSTAINMENT ................................................... 179,568 295,568 


Pbinns on DSKJLVW7X2PROD with BILLS
972 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

Air Force UFR—Weapon system sustainment ................................ [116,000 ] 

070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 8,457,653 9,186,653 

A–10/F–35 contract maintenance .................................................... [156,000 ] 

Air Force UFR—Build command and control framework ............... [112,000 ] 

Air Force UFR—F–35 weapon system sustainment ....................... [185,000 ] 

Air Force UFR—Weapon system sustainment ................................ [276,000 ] 

080 FLYING HOUR PROGRAM ........................................................... 5,646,730 6,115,730 

Air Force UFR—Weapon system sustainment ................................ [114,000 ] 

Restore A10s divestment .................................................................. [272,000 ] 

Restore C130s divestment ................................................................ [83,000 ] 

090 BASE SUPPORT ............................................................................. 9,846,037 9,931,037 

Air Force UFR—Build command and control framework ............... [85,000 ] 

100 GLOBAL C3I AND EARLY WARNING ....................................... 979,705 979,705 

110 OTHER COMBAT OPS SPT PROGRAMS ................................... 1,418,515 1,424,825 

Commercial economic analysis program reduction ........................... [–3,000 ] 

EUCOM UFR—Air base air defense ............................................... [110 ] 

EUCOM UFR—Mission Partner Environment ............................... [9,200 ] 

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 .............................................................................. 389,663 420,963 

CYBERCOM UFR—Acceleration of cyber intelligence ................... [3,200 ] 

CYBERCOM UFR—Acquisition personnel ..................................... [4,800 ] 

CYBERCOM UFR—Advanced cyber training ................................. [23,300 ] 

190 US CENTCOM ................................................................................. 372,354 391,354 

CENTCOM UFR—MISO program ................................................. [24,000 ] 

Program reduction to OSCI ............................................................. [–5,000 ] 

200 US SOCOM ...................................................................................... 28,733 28,733 

220 CENTCOM CYBERSPACE SUSTAINMENT ............................... 1,289 1,289 

230 USSPACECOM ................................................................................ 272,601 329,601 

SPACECOM UFR—Bridging space protection gaps ...................... [30,200 ] 

SPACECOM UFR—Pathway to full operational capability ............ [26,800 ] 

9999 CLASSIFIED PROGRAMS ............................................................ 1,454,383 1,443,883 

Capabilities Management Office reduction ....................................... [–5,000 ] 

CCMD Intelligence Information Technology reduction .................... [–3,000 ] 

Strategy Coordination reduction ....................................................... [–2,500 ] 

SUBTOTAL OPERATING FORCES .................................... 42,770,508 45,607,118 

MOBILIZATION 

240 AIRLIFT OPERATIONS ................................................................ 2,422,784 2,422,784 

250 MOBILIZATION PREPAREDNESS ............................................. 667,851 667,851 

SUBTOTAL MOBILIZATION ................................................. 3,090,635 3,090,635 

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 ............................................... 491,286 491,286 

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 2,773,062 

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 1,005,827 

410 SERVICEWIDE COMMUNICATIONS .......................................... 31,054 31,054 

420 OTHER SERVICEWIDE ACTIVITIES ......................................... 1,470,757 1,476,757 

Air Force UFR—Build command and control framework ............... [6,000 ] 

430 CIVIL AIR PATROL ....................................................................... 29,128 29,128 

450 INTERNATIONAL SUPPORT ...................................................... 81,118 81,118 

9999 CLASSIFIED PROGRAMS ............................................................ 1,391,720 1,391,720 


Pbinns on DSKJLVW7X2PROD with BILLS
973 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ................... 5,242,270 5,248,270 

UNDISTRIBUTED 

998 UNDISTRIBUTED ......................................................................... 0 –594,865 

Bulk fuel adjustment ........................................................................ [–150,165 ] 

Foreign currency fluctuations ........................................................... [–81,000 ] 

Printing costs reduction .................................................................... [–5,100 ] 

Unobligated balances ........................................................................ [–358,600 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –594,865 

TOTAL OPERATION & MAINTENANCE, AIR FORCE 53,876,475 56,124,220 

OPERATION & MAINTENANCE, SPACE FORCE 

OPERATING FORCES 

010 GLOBAL C3I & EARLY WARNING ............................................. 495,615 521,315 

Space Force UFR—Maintenance contracts for missile warning and 

defense systems ............................................................................. [25,700 ] 

020 SPACE LAUNCH OPERATIONS .................................................. 185,700 185,700 

030 SPACE OPERATIONS ................................................................... 611,269 620,769 

Space Force UFR—Increase opeational support to SPACECOM ... [5,500 ] 

Space Force UFR—Space Commercially Augmented Mission Platform ............................................................................................... [4,000 ] 

040 EDUCATION & TRAINING ........................................................... 22,887 108,887 

Space Force UFR—Accelerate Space Force PME .......................... [86,000 ] 

060 DEPOT MAINTENANCE ............................................................... 280,165 306,365 

Space Force UFR—Weapon system sustainment ............................ [26,200 ] 

070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 213,347 281,147 

Space Force UFR—Aircraft fire training mock-up ......................... [1,500 ] 

Space Force UFR—FSRM Cheyenne Mountain Complex ............... [66,300 ] 

080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT ............. 1,158,707 1,254,707 

Space Force UFR—Weapon system sustainment ............................ [96,000 ] 

090 SPACE OPERATIONS -BOS ......................................................... 143,520 143,520 

9999 CLASSIFIED PROGRAMS ............................................................ 172,755 172,755 

SUBTOTAL OPERATING FORCES .................................... 3,283,965 3,595,165 

ADMINISTRATION AND SERVICE WIDE ACTIVITIES 

100 ADMINISTRATION ........................................................................ 156,747 156,747 

SUBTOTAL ADMINISTRATION AND SERVICE WIDE 

ACTIVITIES ............................................................................. 156,747 156,747 

TOTAL OPERATION & MAINTENANCE, SPACE 

FORCE ....................................................................................... 3,440,712 3,751,912 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................................... 1,665,015 1,665,015 

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 

Air Force UFR—FSRM ................................................................... [9,000 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM 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 3,226,032 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

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 


Pbinns on DSKJLVW7X2PROD with BILLS
974 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

998 UNDISTRIBUTED ......................................................................... 0 –43,295 

Bulk fuel adjustment ........................................................................ [–3,195 ] 

Unobligated balances ........................................................................ [–40,100 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –43,295 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ........................................................................................ 3,352,106 3,317,811 

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 1,241,318 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................. 353,193 379,193 

Air Force UFR—FSRM ................................................................... [26,000 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ............................................................................................ 1,077,654 1,077,654 

060 BASE SUPPORT ............................................................................. 908,198 925,598 

CNGB UFR—Security forces hearing and comm package ............. [17,400 ] 

070 CYBERSPACE SUSTAINMENT ................................................... 23,895 23,895 

080 CYBERSPACE ACTIVITIES ......................................................... 17,263 17,263 

SUBTOTAL OPERATING FORCES .................................... 6,485,801 6,535,101 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

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 ......................................................................... 0 –66,275 

Bulk fuel adjustment ........................................................................ [–15,975 ] 

Unobligated balances ........................................................................ [–50,300 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –66,275 

TOTAL OPERATION & MAINTENANCE, ANG .............. 6,574,020 6,557,045 

OPERATION AND MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .......................................................... 407,240 407,240 

020 JOINT CHIEFS OF STAFF—CE2T2 .......................................... 554,634 677,734 

AFRICOM UFR—Joint Exercise Program ..................................... [18,000 ] 

CENTCOM UFR—EAGER LION .................................................. [20,000 ] 

INDOPACOM UFR—Joint Exercise Program ............................... [35,100 ] 

Joint Exercise Program—restore to FY21 levels ............................. [50,000 ] 

030 JOINT CHIEFS OF STAFF—CYBER ......................................... 8,098 8,098 

050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES .................................................................... 2,044,479 2,047,789 

SOCOM UFR—Armored ground mobility systems acceleration ...... [3,310 ] 

060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES ............................................................................................. 45,851 45,851 

070 SPECIAL OPERATIONS COMMAND INTELLIGENCE ........... 1,614,757 1,614,757 

080 SPECIAL OPERATIONS COMMAND MAINTENANCE ............ 1,081,869 1,088,210 

SOCOM UFR—Modernized forward look sonar .............................. [900 ] 

SOCOM UFR—Personal signature management acceleration ........ [5,441 ] 

090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS .................................................... 180,042 180,042 

100 SPECIAL OPERATIONS COMMAND OPERATIONAL 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 10,447,570 

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 


Pbinns on DSKJLVW7X2PROD with BILLS
975 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

ADMIN & SRVWIDE ACTIVITIES 

170 CIVIL MILITARY PROGRAMS ..................................................... 137,311 157,311 

Innovative readiness training increase .............................................. [5,000 ] 

STARBASE ...................................................................................... [15,000 ] 

190 DEFENSE CONTRACT AUDIT AGENCY ................................... 618,526 618,526 

200 DEFENSE CONTRACT AUDIT AGENCY—CYBER .................. 3,984 3,984 

220 DEFENSE CONTRACT MANAGEMENT AGENCY ................... 1,438,296 1,438,296 

230 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER .. 11,999 11,999 

240 DEFENSE COUNTERINTELLIGENCE AND SECURITY 

AGENCY ...................................................................................... 941,488 946,488 

DCSA Analytic tools for assessing FOCI ......................................... [5,000 ] 

260 DEFENSE COUNTERINTELLIGENCE AND SECURITY 

AGENCY—CYBER ...................................................................... 9,859 9,859 

270 DEFENSE HUMAN RESOURCES ACTIVITY ............................ 816,168 831,168 

Troops-to-Teachers ........................................................................... [15,000 ] 

280 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER ........... 17,655 17,655 

290 DEFENSE INFORMATION SYSTEMS AGENCY ...................... 1,913,734 1,955,734 

milCloud 2.0 migration ..................................................................... [42,000 ] 

310 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER ..... 530,278 615,378 

Automated C2, orchestration, other increased capabilities for 

JFHQ-DODIN .............................................................................. [25,000 ] 

CYBERCOM UFR—Hardening of DODIN .................................... [60,100 ] 

350 DEFENSE LEGAL SERVICES AGENCY .................................... 229,498 229,498 

360 DEFENSE LOGISTICS AGENCY ................................................. 402,864 402,864 

370 DEFENSE MEDIA ACTIVITY ...................................................... 222,655 222,655 

380 DEFENSE PERSONNEL ACCOUNTING AGENCY .................. 130,174 130,174 

390 DEFENSE SECURITY COOPERATION AGENCY .................... 2,067,446 2,405,736 

AFRICOM UFR—AFRICOM security cooperation program increase ............................................................................................ [60,000 ] 

Increase to Ukraine Security Assistance Initiative .......................... [50,000 ] 

INDOPACOM UFR—INDOPACOM security cooperation program 

increase ......................................................................................... [130,600 ] 

Joint Combined Exchange Training—restore to FY21 levels .......... [3,190 ] 

SOUTHCOM UFR—Air Mobility Initiative .................................... [85,000 ] 

SOUTHCOM UFR—Central America Border Security Initiative .. [9,500 ] 

420 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ... 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 ACTIVITY ......... 3,138,345 3,208,345 

Impact Aid for children with severe disabilities ............................... [20,000 ] 

Impact Aid for schools with military dependent students ................ [50,000 ] 

490 MISSILE DEFENSE AGENCY ..................................................... 502,450 502,450 

530 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION—OSD .................................................................... 89,686 89,686 

540 OFFICE OF THE SECRETARY OF DEFENSE ........................ 1,766,614 1,864,114 

Analytical tools in evaluating energy resilience measures ................ [2,000 ] 

Bien Hoa dioxin cleanup ................................................................... [15,000 ] 

Centers for Disease Control and Prevention nation-wide human 

health assessment .......................................................................... [15,000 ] 

Congressional Hearings and Reporting Requirements Tracking 

System modernization ................................................................... [2,000 ] 

Cost Assessment Data Enterprise .................................................... [3,500 ] 

Defense Environmental International Cooperation program increase ............................................................................................ [2,000 ] 

Interstate compacts on licensed occupations .................................... [4,000 ] 

Joint Aviation Safety Council ........................................................... [4,000 ] 

Office of the Secretary of Defense civilian workforce ...................... [25,000 ] 

Personnel in the Office of Assistant Secretary of Defense 

Sustainment and Environment, Safety, and Occupational Health [5,000 ] 

Strategic competition initiative ......................................................... [20,000 ] 

550 OFFICE OF THE SECRETARY OF DEFENSE—CYBER ........ 32,851 32,851 

560 SPACE DEVELOPMENT AGENCY ............................................. 53,851 53,851 

570 WASHINGTON HEADQUARTERS SERVICES .......................... 369,698 369,698 

999 CLASSIFIED PROGRAMS ............................................................ 17,900,146 17,900,146 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .............. 34,307,366 34,980,256 

TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ........................................................................... 44,918,366 45,079,862 


Pbinns on DSKJLVW7X2PROD with BILLS
976 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

UNDISTRIBUTED 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

998 UNDISTRIBUTED ......................................................................... 0 –644,145 

Bulk fuel adjustment ........................................................................ [–3,195 ] 

Foreign currency fluctuations ........................................................... [–30,000 ] 

Printing costs reduction .................................................................... [–5,100 ] 

Program reduction—SOCOM unjustified increase in management 

and headquarters expenses ........................................................... [–28,650 ] 

Unobligated balances ........................................................................ [–577,200 ] 

SUBTOTAL UNDISTRIBUTED ............................................. 0 –644,145 

TOTAL OPERATION & MAINTENANCE, DEFENSEWIDE ........................................................................................... 0 161,496 

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 ... 110,051 135,051 

Program increase .............................................................................. [25,000 ] 

SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID ..................................................... 110,051 135,051 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 110,051 135,051 

MISCELLANEOUS APPROPRIATIONS 

COOPERATIVE THREAT REDUCTION ACCOUNT 

010 COOPERATIVE THREAT REDUCTION ..................................... 239,849 239,849 

SUBTOTAL COOPERATIVE THREAT REDUCTION 

ACCOUNT ................................................................................. 239,849 239,849 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 239,849 239,849 

MISCELLANEOUS APPROPRIATIONS 

ACQUISITION WORKFORCE DEVELOPMENT 

010 ACQ WORKFORCE DEV FD ........................................................ 54,679 54,679 

SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT ......................................................................................... 54,679 54,679 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 54,679 54,679 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, ARMY 

050 ENVIRONMENTAL RESTORATION, ARMY .............................. 200,806 200,806 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

ARMY .......................................................................................... 200,806 200,806 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 200,806 200,806 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, NAVY 

060 ENVIRONMENTAL RESTORATION, NAVY .............................. 298,250 298,250 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

NAVY .......................................................................................... 298,250 298,250 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 298,250 298,250 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, AIR FORCE 

070 ENVIRONMENTAL RESTORATION, AIR FORCE .................... 301,768 301,768 


Pbinns on DSKJLVW7X2PROD with BILLS
977 

•S 2792 RS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

SUBTOTAL ENVIRONMENTAL RESTORATION, AIR 

FORCE ....................................................................................... 301,768 301,768 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 301,768 301,768 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, DEFENSE 

080 ENVIRONMENTAL RESTORATION, DEFENSE ...................... 8,783 8,783 

SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE ........................................................................................ 8,783 8,783 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 8,783 8,783 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION FORMERLY 

USED SITES 

090 ENVIRONMENTAL RESTORATION FORMERLY USED 

SITES ........................................................................................... 218,580 218,580 

SUBTOTAL ENVIRONMENTAL RESTORATION 

FORMERLY USED SITES .................................................. 218,580 218,580 

TOTAL MISCELLANEOUS APPROPRIATIONS ............ 218,580 218,580 

TOTAL OPERATION & MAINTENANCE .......................... 253,623,852 260,571,205 

1 TITLE XLIV—MILITARY 

2 PERSONNEL 

3 SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2022 

Request 

Senate 

Authorized 

MILITARY PERSONNEL 

MILITARY PERSONNEL APPROPRIATIONS 

MILITARY PERSONNEL APPROPRIATIONS ..................... 157,947,920 157,451,308 

A–10/F–35 Active duty maintainers ........................................... 93,000 

Army UFR – JTIMS exercise support ....................................... 67,435 

Army UFR – Reserve Component EDI for Rotational Forces .. 55,999 

Army UFR – Reserve Component Homeland Security Ops ....... 228,410 

CNGB UFR – CBRN Response Forces ..................................... 9,200 

Military personnel historical underexecution .............................. [–950,656 ] 

SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS ........................................................................ 157,947,920 157,451,308 

MEDICARE-ELIGIBLE RETIREE HEALTH CARE 

FUND CONTRIBUTIONS 

MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND 

CONTRIBUTIONS ................................................................ 9,337,175 9,337,175 

SUBTOTAL MEDICARE-ELIGIBLE RETIREE 

HEALTH CARE FUND CONTRIBUTIONS ............. 9,337,175 9,337,175 

TOTAL MILITARY PERSONNEL .................................. 167,285,095 166,788,483 


Pbinns on DSKJLVW7X2PROD with BILLS
978 

•S 2792 RS

1 TITLE XLV—OTHER 

2 AUTHORIZATIONS 

3 SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND 

WORKING CAPITAL FUND, ARMY 

1 INDUSTRIAL OPERATIONS .................................................................. 26,935 26,935 

2 SUPPLY MANAGEMENT—ARMY ......................................................... 357,776 357,776 

SUBTOTAL WORKING CAPITAL FUND, ARMY ..................... 384,711 384,711 

WORKING CAPITAL FUND, NAVY 

1 SUPPLY MANAGEMENT, NAVY ........................................................... 150,000 150,000 

SUBTOTAL WORKING CAPITAL FUND, NAVY ...................... 150,000 150,000 

WORKING CAPITAL FUND, AIR FORCE 

2 SUPPLIES AND MATERIALS ................................................................ 77,453 77,453 

SUBTOTAL WORKING CAPITAL FUND, AIR FORCE ......... 77,453 77,453 

WORKING CAPITAL FUND, DEFENSE-WIDE 

1 ENERGY MANAGEMENT—DEF ........................................................... 40,000 40,000 

2 SUPPLY CHAIN MANAGEMENT—DEF .............................................. 87,765 87,765 

SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 127,765 127,765 

WORKING CAPITAL FUND, DECA 

2 WORKING CAPITAL FUND, DECA ...................................................... 1,162,071 1,162,071 

SUBTOTAL WORKING CAPITAL FUND, DECA ..................... 1,162,071 1,162,071 

TOTAL WORKING CAPITAL FUND ............................................. 1,902,000 1,902,000 

CHEM AGENTS & MUNITIONS DESTRUCTION 

OPERATION & MAINTENANCE 

1 CHEM DEMILITARIZATION—O&M ..................................................... 93,121 93,121 

SUBTOTAL OPERATION & MAINTENANCE ........................... 93,121 93,121 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

2 CHEM DEMILITARIZATION—RDT&E ................................................ 1,001,231 1,001,231 

SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION ................................................................................... 1,001,231 1,001,231 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION .... 1,094,352 1,094,352 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTRDCTN 

1 COUNTER-NARCOTICS SUPPORT ....................................................... 593,250 593,250 

SUBTOTAL DRUG INTRDCTN ...................................................... 593,250 593,250 

DRUG DEMAND REDUCTION PROGRAM 

2 DRUG DEMAND REDUCTION PROGRAM .......................................... 126,024 126,024 

SUBTOTAL DRUG DEMAND REDUCTION PROGRAM ....... 126,024 126,024 

NATIONAL GUARD COUNTER-DRUG PROGRAM 

3 NATIONAL GUARD COUNTER-DRUG PROGRAM ............................ 96,970 96,970 

SUBTOTAL NATIONAL GUARD COUNTER-DRUG PROGRAM ................................................................................................... 96,970 96,970 

NATIONAL GUARD COUNTER-DRUG SCHOOLS 

4 NATIONAL GUARD COUNTER-DRUG SCHOOLS ............................. 5,664 5,664 

SUBTOTAL NATIONAL GUARD COUNTER-DRUG 

SCHOOLS ........................................................................................... 5,664 5,664 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ........................................................................................... 821,908 821,908 

OFFICE OF THE INSPECTOR GENERAL 

OFFICE OF THE INSPECTOR GENERAL 


Pbinns on DSKJLVW7X2PROD with BILLS
979 

•S 2792 RS

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Senate 

Authorized 

1 OPERATION AND MAINTENANCE ...................................................... 434,700 434,700 

2 OPERATION AND MAINTENANCE ...................................................... 1,218 1,218 

3 RDT&E ....................................................................................................... 2,365 2,365 

4 PROCUREMENT ...................................................................................... 80 80 

SUBTOTAL OFFICE OF THE INSPECTOR GENERAL ........ 438,363 438,363 

TOTAL OFFICE OF THE INSPECTOR GENERAL ................. 438,363 438,363 

DEFENSE HEALTH PROGRAM 

OPERATION & MAINTENANCE 

1 IN-HOUSE CARE ..................................................................................... 9,720,004 9,750,004 

Anomalous health incidents ........................................................................ [30,000] 

2 PRIVATE SECTOR CARE ....................................................................... 18,092,679 18,092,679 

3 CONSOLIDATED HEALTH SUPPORT ................................................ 1,541,122 1,541,122 

4 INFORMATION MANAGEMENT ........................................................... 2,233,677 2,233,677 

5 MANAGEMENT ACTIVITIES ................................................................. 335,138 335,138 

6 EDUCATION AND TRAINING ............................................................... 333,234 333,234 

7 BASE OPERATIONS/COMMUNICATIONS ........................................... 1,926,865 1,926,865 

SUBTOTAL OPERATION & MAINTENANCE ........................... 34,182,719 34,212,719 

RDT&E 

10 R&D ADVANCED DEVELOPMENT ...................................................... 235,556 235,556 

11 R&D DEMONSTRATION/VALIDATION ................................................ 142,252 142,252 

12 R&D ENGINEERING DEVELOPMENT ................................................ 101,054 101,054 

12 R&D MANAGEMENT AND SUPPORT .................................................. 49,645 49,645 

14 R&D CAPABILITIES ENHANCEMENT ................................................ 17,619 17,619 

8 R&D RESEARCH ...................................................................................... 9,091 9,091 

9 R&D EXPLORATRY DEVELOPMENT .................................................. 75,463 75,463 

SUBTOTAL RDT&E ............................................................................ 630,680 630,680 

PROCUREMENT 

15 PROC INITIAL OUTFITTING ................................................................ 20,926 20,926 

16 PROC REPLACEMENT & MODERNIZATION ..................................... 250,366 250,366 

18 PROC MILITARY HEALTH SYSTEM—DESKTOP TO 

DATACENTER ...................................................................................... 72,302 72,302 

19 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION ........................................................................................ 435,414 435,414 

SUBTOTAL PROCUREMENT ......................................................... 779,008 779,008 

TOTAL DEFENSE HEALTH PROGRAM .................................... 35,592,407 35,622,407 

TOTAL OTHER AUTHORIZATIONS ............................................ 39,849,030 39,879,030 

1 TITLE XLVI—MILITARY 

2 CONSTRUCTION 

3 SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

MILITARY CONSTRUCTION 

ARMY 

Alabama 

Army Fort Rucker AIT Barracks Complex .................................... 0 66,000 

Army Redstone Arsenal Propulsion Systems Lab ................................... 55,000 55,000 

Belgium 

Army Shape Headquarters Command and Control Facility ........................ 16,000 16,000 

California 

Army Fort Irwin Simulations Center ........................................... 52,000 52,000 

Georgia 

Army Fort Gordon Cyber Instructional Fac (Admin/Cmd) (Inc 2) 69,000 69,000 

Army Fort Stewart Barracks ........................................................... 0 100,000 

Germany 

Army East Camp 

Grafenwoehr 

EDI: Barracks and Dining Facility ................. 103,000 103,000 


Pbinns on DSKJLVW7X2PROD with BILLS
980 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

Army Smith Barracks Live Fire Exercise Shoothouse ......................... 16,000 16,000 

Army Smith Barracks Indoor Small Arms Range ................................ 17,500 17,500 

Hawaii 

Army Fort Shafter Cost to Complete, Command & Control Facility.0 55,500 

Army West Loch Naval Magazine Annex Ammunition Storage ......................................... 51,000 51,000 

Army Wheeler Army Airfield Aviation Unit OPS Building ............................ 0 84,000 

Army Wheeler Army Airfield Rotary Wing Parking Apron ............................ 0 56,000 

Kansas 

Army Fort Leavenworth Child Development Center ................................ 0 34,000 

Kentucky 

Army Fort Knox Child Development Center ................................ 0 27,000 

Kwajalein 

Army Kwajalein Atoll Cost to Complete, Family Housing Replacement Construction.0 10,000 

Louisiana 

Army Camp Minden Collective Training Unaccompanied Housing ... 0 13,800 

Army Fort Polk Barracks ........................................................... 0 56,000 

Army Fort Polk Joint Operations Center ................................... 55,000 55,000 

Maryland 

Army Fort Meade Barracks ........................................................... 81,000 81,000 

New York 

Army Fort Hamilton Information Systems Facility ........................... 26,000 26,000 

Army Watervliet Arsenal Access Control Point ........................................ 20,000 20,000 

Army West Point Military 

Reservation 

Cost to Complete, Engineering Center ............. 0 17,200 

Pennsylvania 

Army Letterkenny Army 

Depot 

Fire Station ...................................................... 21,000 21,000 

Army Tobyhanna Army Depot Cost to Complete, Family Housing Replacement Construction.0 7,500 

Puerto Rico 

Army Fort Buchanan Cost to Complete, Family Housing Replacement Construction.0 14,000 

South Carolina 

Army Fort Jackson Cost to Complete, Reception Barracks Complex, Ph 1.0 21,000 

Army Fort Jackson Reception Barracks Complex, Ph2 (Inc 2) ...... 34,000 34,000 

Texas 

Army Fort Hood Barracks ........................................................... 0 61,000 

Army Fort Hood Barracks ........................................................... 0 69,000 

Virginia 

Army Jont Base LangleyEustis Cost to Complete, AIT Barracks Complex, Ph 

4.

0 16,000 

Worldwide Classified 

Army Classified Location Forward Operating Site ................................... 31,000 31,000 

Worldwide Unspecified 

Army Unspecified Worldwide 

Locations 

Minor Construction .......................................... 35,543 35,543 

Army Unspecified Worldwide 

Locations 

Planning & Design ........................................... 124,649 124,649 

Army Unspecified Worldwide 

Locations 

Host Nation Support ........................................ 27,000 27,000 

Army Worldwide Various Locations Lab Planning & Design Unfunded Requirement.0 45,000 

SUBTOTAL ARMY ............................................................................................................... 834,692 1,587,692 

NAVY 

Arizona 

Navy Marine Corps Air Station Yuma Bachelor Enlisted Quarters .............................. 0 99,600 

Navy Marine Corps Air Station Yuma Combat Training Tank Complex ...................... 0 29,300 

California 

Navy Camp Pendleton I MEF Consolidated Information Center (Inc) 19,869 19,869 

Navy Marine Corps Air 

Ground Combat Center 

Wastewater Treatment Plant ........................... 0 45,000 

Navy Marine Corps Air Station Miramar Aircraft Maintenance Hangar .......................... 0 209,500 

Navy Marine Corps Air Station Miramar F–35 Centralized Engine Repair Facility ........ 0 31,400 

Navy Marine Corps Base 

Camp Pendleton 

Basilone Road Realignment ............................. 0 85,200 

Navy Marine Corps Base 

Camp Pendleton 

CLB MEU Complex ......................................... 0 83,900 


Pbinns on DSKJLVW7X2PROD with BILLS
981 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

Navy Marine Corps Base 

Camp Pendleton 

Warehouse Replacement ................................... 0 22,200 

Navy Marine Corps Reserve 

Depot San Diego 

Recruit Mess Hall Replacement ....................... 0 8,000 

Navy Naval Air Station 

Lemoore 

F–35C Hangar 6 Phase 2 (Mod 3/4) (Inc) ..... 75,070 75,070 

Navy Naval Base Coronado CMV–22B Aircraft Maintenance Hangar ........ 0 63,600 

Navy Naval Base San Diego Pier 6 Replacement (Inc) ................................. 50,000 50,000 

Navy Naval Base Ventura 

County 

Combat Vehicle Maintenance Facility .............. 0 48,700 

Navy Naval Base Ventura 

County 

MQ–25 Aircraft Maintenance Hangar ............. 0 148,800 

Navy Naval Weapons Station 

Seal Beach 

Missile Magazines (Inc) .................................... 10,840 10,840 

Navy San Nicolas Island Directed Energy Weapons Test Facilities ........ 19,907 19,907 

El Salvador 

Navy Cooperative Security 

Location Comalapa 

Hangar and Ramp Expansion .......................... 0 28,000 

Florida 

Navy Marine Corps Support 

Facility Blount Island 

Lighterage and Small Craft Facility ................ 0 69,400 

Greece 

Navy Naval Support Activity 

Souda Bay 

EDI: Joint Mobility Processing Center ............ 41,650 41,650 

Guam 

Navy Andersen Air Force 

Base 

Aviation Admin Building .................................. 50,890 50,890 

Navy Joint Region Marianas 4th Marines Regiment Facilities ...................... 109,507 84,507 

Navy Joint Region Marianas Combat Logistics Battallion–4 Facility ........... 92,710 64,710 

Navy Joint Region Marianas Consolidated Armory ........................................ 43,470 43,470 

Navy Joint Region Marianas Infantry Battalion Company HQ ..................... 44,100 44,100 

Navy Joint Region Marianas Marine Expeditionary Brigade Enablers .......... 66,830 66,830 

Navy Joint Region Marianas Principal End Item (PEI) Warehouse ............. 47,110 47,110 

Navy Joint Region Marianas Bachelor Enlisted Quarters H (Inc) ................ 43,200 43,200 

Navy Joint Region Marianas X-Ray Wharf Berth 2 ...................................... 103,800 63,800 

Navy Joint Region Marianas Joint Communication Upgrade (Inc) ............... 84,000 84,000 

Hawaii 

Navy Marine Corps Base 

Kaneohe Bay 

Bachelor Enlisted Quarters Phase II (Inc) ...... 0 10,000 

Navy Marine Corps Base 

Kaneohe Bay 

Electrical Distribution Modernization .............. 0 64,500 

Japan 

Navy Fleet Activities 

Yokosuka 

Pier 5 (Berths 2 and 3) (Inc) .......................... 15,292 15,292 

Navy Fleet Activities 

Yokosuka 

Ship Handling & Combat Training Facilities .. 49,900 49,900 

Maine 

Navy Portsmouth Naval 

Shipyard 

Multi-Mission Dry Dock #1 Extension (Inc)— 

Navy #1 Ufr.

0 100,000 

Navy Portsmouth Naval 

Shipyard 

Multi-Mission Dry Dock #1 Extension (Inc) .. 250,000 250,000 

Nevada 

Navy Naval Air Station 

Fallon 

Training Range Land Acquisition—Phase 2 ... 48,250 0 

North Carolina 

Navy Camp Lejeune II MEF Operations Center Replacement (Inc) 42,200 42,200 

Navy Marine Corps Air Station Cherry Point ATC Tower & Airfield Operations .................... 0 18,700 

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 Phase 

2.

113,520 33,520 

Navy Marine Corps Base 

Camp Lejeune 

Water Treatment Plant Replacement Hadnot 

Pt.

0 64,200 

South Carolina 

Navy Marine Corps Air Station Beaufort Aircraft Maintenance Hangar .......................... 0 122,600 

Navy Marine Corps Air Station Beaufort Recycling/Hazardous Waste Facility ................ 0 5,000 

Spain 

Navy Naval Station Rota EDI: Explosive Ordnance Disposal (EOD) Mobile Unit Facilities.0 85,600 

Virginia 

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 


Pbinns on DSKJLVW7X2PROD with BILLS
982 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

Navy Naval Station Norfolk CMV–22 Aircraft Maintenance Hangar & Airfield Improvement.0 75,100 

Navy Naval Station Norfolk Submarine Pier 3 (Inc) .................................... 88,923 43,923 

Navy Naval Weapons Station 

Yorktown 

Navy Munitions Command (Nmc) Ordnance 

Facilities Recap, Phase 2.

0 13,500 

Navy Portsmouth Naval 

Shipyard 

Dry Dock Saltwater System for CVN–78 ........ 156,380 56,380 

Worldwide Unspecified 

Navy Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 56,435 56,435 

Navy Unspecified Worldwide 

Locations 

MCON Design Funds ....................................... 363,252 363,252 

Navy Worldwide Various Locations Consolidated RDT&E Systems Facility P&D 

(Naval Station Newport).

0 1,700 

Navy Worldwide Various Locations F–35 Joint Strike Fighter Sustainment Center 

(P–993) P&D (MCAS Cherry Point).

0 10,000 

Navy Worldwide Various Locations Hdr Hawaii: Planning and Design ................... 0 9,000 

Navy Worldwide Various Locations Lab Planning & Design Unfunded Requirement.0 110,000 

Navy Worldwide Various Locations Next Generation Secure Submarine Platform 

Facility P&D (Naval Station Newport).

0 4,000 

Navy Worldwide Various Locations Next Generation Torpedo Integration Lab 

P&D (Naval Station Newport).

0 1,200 

Navy Worldwide Various Locations PDI: Planning & Design Unfunded Requirement.0 68,200 

Navy Worldwide Various Locations Planning & Design ........................................... 0 40,000 

Navy Worldwide Various Locations Submarine Payloads Integration Laboratory 

P&D (Naval Station Newport).

0 1,400 

Navy Worldwide Various Locations Unspecified Minor Construction ....................... 0 75,000 

SUBTOTAL NAVY ................................................................................................................ 2,368,352 3,704,402 

AIR FORCE 

Alaska 

Air Force Eielson Air Force Base Contaminated Soil Removal ............................. 0 44,850 

Air Force Joint Base ElmendorfRichardson Extend Runway 16/34 (Inc 1) ......................... 79,000 79,000 

Arizona 

Air Force Davis-Monthan Air 

Force Base 

South Wilmot Gate ........................................... 13,400 13,400 

Air Force Luke Air Force Base F–35A ADAL AMU Facility Squadron #6 ..... 28,000 28,000 

Air Force Luke Air Force Base F–35A Squadron Operations Facility #6 ........ 21,000 21,000 

Australia 

Air Force Royal Australian Air 

Force Base Darwin 

Squadron Operations Facility .......................... 7,400 7,400 

Air Force Royal Australian Air 

Force Base Tindal 

Aircraft Maintenance Support Facility ............ 6,200 6,200 

Air Force Royal Australian Air 

Force Base Tindal 

Squadron Operations Facility .......................... 8,200 8,200 

California 

Air Force Edwards Air Force 

Base 

Flight Test Engineering Lab Complex ............. 4,000 4,000 

Air Force Vandenberg Space 

Force Base 

GBSD Stage Processing Facility ..................... 19,000 19,000 

Air Force Vandenberg Space 

Force Base 

GBSD Re-Entry Vehicle Facility ..................... 48,000 48,000 

Colorado 

Air Force Schriever Space Force 

Base 

ADAL Fitness Center ...................................... 0 30,000 

District of Columbia 

Air Force Joint Base Anacostia 

Bolling 

Joint Air Defense Operations Center Phase II 24,000 24,000 

Florida 

Air Force Eglin Air Force Base Cost to Complete—Advanced Munitions Technology Complex.0 31,500 

Air Force Eglin Air Force Base Flightline Fire Station at Duke Field .............. 0 14,000 

Georgia 

Air Force Moody Air Force Base 41 Rqs Hh-60w Apron ..................................... 0 12,500 

Germany 

Air Force Spangdahlem Air Base F/a–22 LO/Composite Repair Facility ............. 22,625 22,625 

Guam 

Air Force Joint Region Marianas Munitions Storage Igloos IV ............................ 55,000 55,000 

Air Force Joint Region Marianas Airfield Damage Repair Warehouse ................. 30,000 30,000 

Air Force Joint Region Marianas Hayman Munitions Storage Igloos, MSA2 ...... 9,824 9,824 

Hungary 


Pbinns on DSKJLVW7X2PROD with BILLS
983 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

Air Force Kecskemet Air Base EDI: Construct Parallel Taxiway ..................... 38,650 38,650 

Air Force Kecskemet Air Base EDI: Construct Airfield Upgrades ................... 20,564 20,564 

Italy 

Air Force Aviano Air Force Base Area A1 Entry Control Point ........................... 0 10,200 

Japan 

Air Force Kadena Air Base Airfield Damage Repair Storage Facility ......... 38,000 38,000 

Air Force Kadena Air Base Helicopter Rescue OPS Maintenance Hangar 168,000 50,000 

Air Force Kadena Air Base Replace Munitions Structures .......................... 26,100 26,100 

Air Force Misawa Air Base Airfield Damage Repair Facility ...................... 25,000 25,000 

Air Force Yokota Air Base Airfield Damage Repair Warehouse ................. 0 39,000 

Air Force Yokota Air Base Construct CATM Facility ................................. 25,000 25,000 

Air Force Yokota Air Base C–130J Corrosion Control Hangar .................. 67,000 67,000 

Louisiana 

Air Force Barksdale Air Force 

Base 

Cost to Complete—Entrance Road and Gate .. 0 36,000 

Air Force Barksdale Air Force 

Base 

Weapons Generation Facility (Inc 1) ............... 40,000 40,000 

Maryland 

Air Force Joint Base Andrews Cost to Complete—Military Working Dog 

Kennel.

0 7,800 

Air Force Joint Base Andrews Fire Crash Rescue Station ............................... 26,000 26,000 

Massachusetts 

Air Force Hanscom Air Force 

Base 

NC3 Acquisitions Management Facility ........... 66,000 66,000 

New Mexico 

Air Force Kirtland Air Force 

Base 

Cost to Complete—Wyoming Gate 

Antiterrorism Compliance.

0 5,600 

Ohio 

Air Force Wright-Patterson Air 

Force Base 

Child Development Center ................................ 0 24,000 

Oklahoma 

Air Force Tinker Air Force Base KC–46A 3–Bay Depot Maintenance Hangar ... 160,000 60,000 

South Carolina 

Air Force Joint Base Charleston Fire and Rescue Station ................................... 0 30,000 

Air Force Joint Base Charleston Flightline Support Facility ............................... 0 29,000 

South Dakota 

Air Force Ellsworth Air Force 

Base 

B–21 2–Bay LO Restoration Facility (Inc 2) 91,000 41,000 

Air Force Ellsworth Air Force 

Base 

B–21 Field Training Detachment Facility ...... 47,000 47,000 

Air Force Ellsworth Air Force 

Base 

B–21 Mission Operations Planning Facility .... 36,000 36,000 

Air Force Ellsworth Air Force 

Base 

B–21 Washrack & Maintenance Hangar ......... 65,000 65,000 

Air Force Ellsworth Air Force 

Base 

B–21 ADAL Flight Simulator ......................... 24,000 24,000 

Air Force Ellsworth Air Force 

Base 

B–21 Formal Training Unit/AMU ................... 70,000 70,000 

Spain 

Air Force Moro ́n Air Base EDI: Hot Cargo Pad ........................................ 8,542 8,542 

Tennessee 

Air Force Arnold Air Force Base Add/Alter Test Cell Delivery Bay ..................... 0 14,600 

Texas 

Air Force Joint Base San Antonio BMT Recruit Dormitory 8 (Inc 3) ................... 31,000 31,000 

Air Force Joint Base San Antonio BMT Recruit Dormitory 7 ............................... 141,000 141,000 

Air Force Joint Base San Antonio—Fort Sam 

Houston 

Child Development Center – Fsh ..................... 0 29,000 

Air Force Joint Base San Antonio—Lackland Child Development Center – Lackland ............ 0 29,000 

Air Force Sheppard Air Force 

Base 

Child Development Center ................................ 20,000 20,000 

United Kingdom 

Air Force Royal Air Force 

Fairford 

EDI: Construct DABS-FEV Storage ............... 94,000 24,000 

Air Force Royal Air Force 

Lakenheath 

Cost to Complete—F–35 ADAL Conventional 

Munitions MX.

0 4,400 

Air Force Royal Air Force 

Lakenheath 

F-35a Child Development Center ..................... 0 24,000 

Air Force Royal Air Force 

Lakenheath 

F–35A Weapons Load Training Facility ......... 49,000 49,000 

Air Force Royal Air Force 

Lakenheath 

F–35A Munition Inspection Facility ................ 31,000 31,000 

Utah 

Air Force Hill Air Force Base GBSD Organic Software Sustainment Center 

(Inc 2).

31,000 31,000 

Virginia 

Air Force Joint Base Langley 

Eustis 

Fuel System Maintenance Dock ....................... 0 24,000 


Pbinns on DSKJLVW7X2PROD with BILLS
984 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

Worldwide Unspecified 

Air Force Various Worldwide Locations EDI: Planning & Design .................................. 648 648 

Air Force Various Worldwide Locations PDI: Planning & Design .................................. 27,200 27,200 

Air Force Various Worldwide Locations Planning & Design ........................................... 201,453 201,453 

Air Force Various Worldwide Locations Unspecified Minor Military Construction ......... 58,884 58,884 

Air Force Worldwide Various Locations Lab Planning & Design Unfunded Requirement.0 120,000 

Air Force Worldwide Various Locations Secure Integration Support Lab W/Land Acquisition P&D (Air Force Maui Optical and 

Supercomputing Site).

0 8,800 

SUBTOTAL AIR FORCE .................................................................................................... 2,102,690 2,332,940 

DEFENSE-WIDE 

Alabama 

Defense-Wide Fort Rucker 10 MW RICE Generator Plant and Microgrid 

Controls.

0 24,000 

Defense-Wide Redstone Arsenal Msic Advanced Analysis Facility Phase 1 (Inc) 0 25,000 

Belgium 

Defense-Wide Chievres Air Base Europe West District Superintendent’s Office 15,000 15,000 

California 

Defense-Wide Camp Pendleton Veterinary Treatment Facility Replacement .... 13,600 13,600 

Defense-Wide Marine Corps Air Station Miramar Additional LFG Power Meter Station .............. 0 4,054 

Defense-Wide Naval Air Weapons 

Station China Lake / 

Ridgecrest 

Solar Energy Storage System .......................... 0 9,120 

Defense-Wide Silver Strand Training 

Complex 

SOF NSWG11 Operations Support Facility .... 12,000 12,000 

Defense-Wide Silver Strand Training 

Complex 

SOF ATC Operations Support Facility ........... 21,700 21,700 

Colorado 

Defense-Wide Buckley Air Force Base JCC Expansion ................................................. 20,000 20,000 

District of Columbia 

Defense-Wide Joint Base Anacostia 

Bolling 

DIA HQ Cooling Towers and Cond Pumps ..... 0 2,257 

Defense-Wide Joint Base Anacostia 

Bolling 

PV Carports ..................................................... 0 29,004 

Florida 

Defense-Wide MacDill Air Force Base Transmission and Switching Stations .............. 0 22,000 

Georgia 

Defense-Wide Fort Benning 4.8mw Generation and Microgrid ..................... 0 17,593 

Defense-Wide Fort Benning SOF Battalion Headquarters Facility ............. 62,000 62,000 

Defense-Wide Fort Stewart 10 MW Generation Plant, With Microgrid 

Controls.

0 22,000 

Defense-Wide Naval Submarine Base 

Kings Bay 

Electrical Transmission and Distribution ........ 0 19,314 

Germany 

Defense-Wide Ramstein Air Base Ramstein Middle School ................................... 93,000 13,000 

Guam 

Defense-Wide Polaris Point Submarine Base Inner Apra Harbor Resiliency Upgrades 

(Phase I).

0 38,300 

Hawaii 

Defense-Wide Joint Base Pearl Harbor-Hickam Veterinary Treatment Facility Replacement .... 29,800 29,800 

Idaho 

Defense-Wide Mountain Home Air 

Force Base 

Water Treatment Plant and Pump Station ..... 0 33,800 

Japan 

Defense-Wide Kadena Air Base Truck Unload Facilities ................................... 22,300 22,300 

Defense-Wide Kadena Air Base Operations Support Facility ............................. 24,000 24,000 

Defense-Wide Marine Corps Air Base 

Iwakuni 

Fuel Pier ........................................................... 57,700 57,700 

Defense-Wide Misawa Air Base Additive Injection Pump and Storage System 6,000 6,000 

Defense-Wide Naval Air Facility 

Atsugi 

Smart Grid for Utility and Facility Controls ... 0 3,810 

Defense-Wide Yokota Air Base Hangar/AMU .................................................... 108,253 30,253 

Kuwait 

Defense-Wide Camp Arifjan Microgrid Controller, 1.25 MW Solar PV, and 

1.5 MWH Battery.

0 15,000 

Maryland 

Defense-Wide Bethesda Naval Hospital MEDCEN Addition / Alteration (Inc 5) .......... 153,233 153,233 

Defense-Wide Fort Meade SOF Operations Facility .................................. 100,000 75,000 


Pbinns on DSKJLVW7X2PROD with BILLS
985 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

Defense-Wide Fort Meade NSAW Recap Building 4 (Inc 1) ..................... 104,100 104,100 

Defense-Wide Fort Meade NSAW Mission OPS and Records Center (Inc 

1).

94,000 94,000 

Michigan 

Defense-Wide Camp Grayling 650 KW Gas-Fired Micro-Turbine Generation 

System.

0 5,700 

Mississippi 

Defense-Wide Camp Shelby 10 MW Generation Plant and Feeder Level 

Microgrid System.

0 34,500 

Defense-Wide Camp Shelby Electrical Distribution Infrastructure Undergrounding Hardening Project.0 11,155 

Missouri 

Defense-Wide Fort Leonard Wood Hospital Replacement (Inc 4) .......................... 160,000 160,000 

New Mexico 

Defense-Wide Kirtland Air Force 

Base 

Environmental Health Facility Replacement ... 8,600 8,600 

New York 

Defense-Wide Fort Drum Well Field Expansion Project ........................... 0 25,300 

North Carolina 

Defense-Wide Fort Bragg 10 MW Microgrid Utilizing Existing and New 

Generators.

0 19,464 

Defense-Wide Fort Bragg Emergency Water System ................................ 0 7,705 

North Dakota 

Defense-Wide Cavalier Air Force Station Pcars Emergency Power Plant Fuel Storage ... 0 24,150 

Ohio 

Defense-Wide Springfield-Beckley Municipal Airport Base-Wide Microgrid With Natural Gas Generator, Photovoltaic and Battery Storage.0 4,700 

Puerto Rico 

Defense-Wide Aguadilla Microgrid Control System, 460 KW PV, 275 

KW Generator, 660 Kwh Bess.

0 10,120 

Defense-Wide Fort Allen Microgrid Control System, 690 KW PV, 275 

KW Gen, 570 Kwh Bess.

0 12,190 

Defense-Wide Punta Borinquen Ramey Unit School Replacement ..................... 84,000 84,000 

Tennessee 

Defense-Wide Memphis International 

Airport 

PV Arrays and Battery Storage ....................... 0 4,780 

Texas 

Defense-Wide Joint Base San Antonio Ambulatory Care Center Phase 4 .................... 35,000 35,000 

United Kingdom 

Defense-Wide Menwith Hill Station Rafmh Main Gate Rehabilitation ..................... 20,000 20,000 

Defense-Wide Royal Air Force 

Lakenheath 

Hospital Replacement-Temporary Facilities .... 19,283 19,283 

Virginia 

Defense-Wide Fort Belvoir Veterinary Treatment Facility Replacement .... 29,800 29,800 

Defense-Wide Fort Belvoir, NGA 

Campus East 

Led Upgrade Package ...................................... 0 365 

Defense-Wide Humphries Engineer 

Center and Support 

Activity 

SOF Battalion Operations Facility .................. 0 36,000 

Defense-Wide National Geospatial-Intelligence Agency 

Campus East 

Electrical System Redundancy ......................... 0 5,299 

Defense-Wide Pentagon Consolidated Maintenance Complex (RRMC) .. 20,000 20,000 

Defense-Wide Pentagon Force Protection Perimeter Enhancements ..... 8,608 8,608 

Defense-Wide Pentagon Public Works Support Facility ......................... 21,935 21,935 

Defense-Wide Pentagon, Mark Center, 

and Raven Rock 

Mountain Complex 

Recommissioning of Hvac Systems, Part B ..... 0 2,600 

Washington 

Defense-Wide Oak Harbor ACC / Dental Clinic ......................................... 59,000 59,000 

Worldwide Unspecified 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 8,000 8,000 

Defense-Wide Unspecified Worldwide 

Locations 

Planning & Design ........................................... 13,317 13,317 

Defense-Wide Unspecified Worldwide 

Locations 

Planning & Design ........................................... 11,000 11,000 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 4,435 4,435 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 21,746 21,746 

Defense-Wide Unspecified Worldwide 

Locations 

Energy Resilience and Conserv. Invest. Prog. 246,600 0 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 3,000 3,000 

Defense-Wide Unspecified Worldwide 

Locations 

Planning & Design ........................................... 14,194 14,194 


Pbinns on DSKJLVW7X2PROD with BILLS
986 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

Defense-Wide Unspecified Worldwide 

Locations 

ERCIP Design .................................................. 40,150 40,150 

Defense-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 12,000 12,000 

Defense-Wide Unspecified Worldwide 

Locations 

Planning & Design ........................................... 83,840 83,840 

Defense-Wide Unspecified Worldwide 

Locations 

Exercise Related Minor Construction ............... 5,615 5,615 

Defense-Wide Unspecified Worldwide 

Locations 

Planning & Design ........................................... 2,000 2,000 

Defense-Wide Unspecified Worldwide 

Locations 

Planning & Design ........................................... 5,275 5,275 

Defense-Wide Various Worldwide Locations Planning & Design ........................................... 20,576 20,576 

Defense-Wide Various Worldwide Locations Planning & Design ........................................... 20,862 20,862 

Defense-Wide Various Worldwide Locations Unspecified Minor Military Construction ......... 6,668 6,668 

Defense-Wide Various Worldwide Locations Planning & Design ........................................... 35,099 35,099 

SUBTOTAL DEFENSE-WIDE .......................................................................................... 1,957,289 1,996,969 

ARMY NATIONAL GUARD 

Alabama 

Army National Guard Huntsville National Guard Readiness Center .................... 0 17,000 

Connecticut 

Army National Guard Putnam National Guard Readiness Center .................... 17,500 17,500 

Georgia 

Army National Guard Fort Benning Post-Initial Mil. Training Unaccomp. Housing 13,200 13,200 

Guam 

Army National Guard Barrigada National Guard Readiness Center Addition ..... 34,000 34,000 

Idaho 

Army National Guard Jerome National Guard Readiness Center .................... 15,000 15,000 

Illinois 

Army National Guard Bloomington Armory National Guard Vehicle Maintenance Shop ..... 15,000 15,000 

Kansas 

Army National Guard Topeka National Guard/Reserve Center Building ......... 16,732 16,732 

Louisiana 

Army National Guard Lake Charles National Guard Readiness Center .................... 18,500 18,500 

Maine 

Army National Guard Saco National Guard Vehicle Maintenance Shop ..... 21,200 21,200 

Mississippi 

Army National Guard Camp Shelby Maneuver Area Training Equipment Site ........ 0 15,500 

Montana 

Army National Guard Butte National Guard Readiness Center .................... 16,000 16,000 

Nebraska 

Army National Guard Mead Training Site Collective Training Unaccompanied Housing ... 0 11,000 

North Dakota 

Army National Guard Dickinson National Guard Readiness Center .................... 15,500 15,500 

South Dakota 

Army National Guard Sioux Falls National Guard Readiness Center .................... 0 15,000 

Texas 

Army National Guard Camp Bullis Cost to Complete, Vehicle Maintenance Shop .. 0 16,400 

Vermont 

Army National Guard Bennington National Guard Readiness Center .................... 0 16,900 

Virginia 

Army National Guard Troutville National Guard Readiness Center Addition ..... 6,100 6,100 

Army National Guard Troutville Combined Support Maintenance Shop Addition 6,900 6,900 

Worldwide Unspecified 

Army National Guard Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 39,471 39,471 

Army National Guard Unspecified Worldwide 

Locations 

Planning & Design ........................................... 22,000 22,000 

Army National Guard Worldwide Various Locations Army Aviation Support Facility P&D 

(Sandston, VA).

0 6,500 

Army National Guard Worldwide Various Locations Cost to Complete, Unspecified Minor Construction.0 69,000 

Army National Guard Worldwide Various Locations Family Housing Planning and Design ............. 0 15,000 

SUBTOTAL ARMY NATIONAL GUARD ...................................................................... 257,103 439,403 

AIR NATIONAL GUARD 

Alabama 

Air National Guard Montgomery Regional 

Airport 

Aircraft Maintenance Facility .......................... 0 19,200 

Air National Guard Sumpter Smith Air National Guard Base Security and Services Training Facility ........... 0 7,500 


Pbinns on DSKJLVW7X2PROD with BILLS
987 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

Connecticut 

Air National Guard Bradley International 

Airport 

Composite ASE/Vehicle MX Facility ............... 0 17,000 

Delaware 

Air National Guard New Castle County Airport Replace Fuel Cell/Corrosion Control Hangar ... 0 17,500 

Idaho 

Air National Guard Boise Air Terminal 

(Gowen Field) 

Medical Training Facility ................................. 0 6,500 

Illinois 

Air National Guard Abraham Lincoln Capital Airport Base Civil Engineer Complex ........................... 0 10,200 

Massachusetts 

Air National Guard Barnes Air National 

Guard Base 

Combined Engine/ASE/NDI Shop ................... 12,200 12,200 

Michigan 

Air National Guard Alpena County Regional 

Airport 

Aircraft Maintenance Hangar/Shops ................ 23,000 23,000 

Air National Guard Selfridge Air National 

Guard Base 

A-10 Maintenance Hangar and Shops ............. 0 28,000 

Air National Guard W. K. Kellog Regional 

Airport 

Construct Main Base Entrance ........................ 10,000 10,000 

Mississippi 

Air National Guard Jackson International 

Airport 

Fire Crash and Rescue Station ........................ 9,300 9,300 

New York 

Air National Guard Francis S. Gabreski 

Airport 

Base Civil Engineer Complex ........................... 0 14,800 

Air National Guard Schenectady Municipal 

Airport 

C–130 Flight Simulator Facility ...................... 10,800 10,800 

Ohio 

Air National Guard Camp Perry Red Horse Logistics Complex .......................... 7,800 7,800 

South Carolina 

Air National Guard Mcentire Joint National 

Guard Base 

Hazardous Cargo Pad ...................................... 0 9,000 

Air National Guard Mcentire Joint National 

Guard Base 

F–16 Mission Training Center ......................... 9,800 9,800 

South Dakota 

Air National Guard Joe Foss Field F–16 Mission Training Center ......................... 9,800 9,800 

Texas 

Air National Guard Kelly Field Annex Aircraft Corrosion Control ............................... 0 9,500 

Washington 

Air National Guard Camp Murray Air National Guard Station Air Support Operations Complex ..................... 0 27,000 

Wisconsin 

Air National Guard Truax Field Medical Readiness Facility ............................... 13,200 13,200 

Air National Guard Truax Field F–35 3–Bay Specialized Hangar ..................... 31,000 31,000 

Worldwide Unspecified 

Air National Guard Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 29,068 29,068 

Air National Guard Various Worldwide Locations Planning & Design ........................................... 34,402 34,402 

Wyoming 

Air National Guard Cheyenne Regional Airport Combined Vehicle Maintenance & ASE Complex.13,400 13,400 

SUBTOTAL AIR NATIONAL GUARD ........................................................................... 213,770 379,970 

ARMY RESERVE 

Michigan 

Army Reserve Southfield Area Maintenance Support Activity ................. 12,000 12,000 

Ohio 

Army Reserve Wright-Patterson Air 

Force Base 

AR Center Training Building/ UHS ................ 19,000 19,000 

Wisconsin 

Army Reserve Fort McCoy Transient Training Officer Barracks ............... 0 29,200 

Army Reserve Fort McCoy Transient Training Battalion Headquarters .... 12,200 12,200 

Wisonsin 

Army Reserve Fort McCoy Transient Training Enlisted Barracks ............. 0 29,200 

Worldwide Unspecified 

Army Reserve Unspecified Worldwide 

Locations 

Planning & Design ........................................... 7,167 7,167 

Army Reserve Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 14,544 14,544 

SUBTOTAL ARMY RESERVE ......................................................................................... 64,911 123,311 

NAVY RESERVE 


Pbinns on DSKJLVW7X2PROD with BILLS
988 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

Michigan 

Navy Reserve Navy Operational Support Center Battle 

Creek 

Reserve Center & Vehicle Maintenance Facility 49,090 49,090 

Minnesota 

Navy Reserve Minneapolis Air Reserve Station Joint Reserve Intelligence Center ..................... 14,350 14,350 

Worldwide Unspecified 

Navy Reserve Unspecified Worldwide 

Locations 

MCNR Unspecified Minor Construction .......... 2,359 2,359 

Navy Reserve Unspecified Worldwide 

Locations 

USMCR Planning and Design ......................... 4,748 4,748 

Navy Reserve Unspecified Worldwide 

Locations 

MCNR Planning & Design ............................... 1,257 1,257 

SUBTOTAL NAVY RESERVE .......................................................................................... 71,804 71,804 

AIR FORCE RESERVE 

California 

Air Force Reserve Beale Air Force Base 940 ARW SQ OPS & AMU Complex .............. 0 33,000 

Florida 

Air Force Reserve Homestead Air Reserve 

Base 

Corrosion Control Facility ................................ 14,000 14,000 

Air Force Reserve Patrick Air Force Base Recovery Flight Simulator ............................... 18,500 18,500 

Indiana 

Air Force Reserve Grissom Air Reserve 

Base 

Logistics Readiness Complex ............................ 0 29,000 

Minnesota 

Air Force Reserve Minneapolis-St Paul Air 

Reserve Station 

Mission Support Group Facility ....................... 14,000 14,000 

New York 

Air Force Reserve Niagara Falls Air Reserve Station Main Gate ......................................................... 10,600 10,600 

Ohio 

Air Force Reserve Youngstown Air Reserve Base Assault Runway ................................................ 0 8,700 

Worldwide Unspecified 

Air Force Reserve Unspecified Worldwide 

Locations 

Planning & Design ........................................... 5,830 5,830 

Air Force Reserve Unspecified Worldwide 

Locations 

Unspecified Minor Military Construction ......... 15,444 15,444 

Air Force Reserve Worldwide Various Locations Planning and Design - Kc-46 Mob 5 ............... 0 15,000 

SUBTOTAL AIR FORCE RESERVE .............................................................................. 78,374 164,074 

NATO SECURITY INVESTMENT PROGRAM 

Worldwide Unspecified 

NATO Security Investment Program 

NATO Security Investment Program NATO Security Investment Program .............. 205,853 205,853 

SUBTOTAL NATO SECURITY INVESTMENT PROGRAM .................................. 205,853 205,853 

TOTAL MILITARY CONSTRUCTION .......................................................................... 8,154,838 11,006,418 

FAMILY HOUSING 

CONSTRUCTION, ARMY 

Italy 

Construction, Army Vicenza Family Housing New Construction .................. 92,304 92,304 

Worldwide Unspecified 

Construction, Army Unspecified Worldwide 

Locations 

Family Housing P&D ....................................... 7,545 7,545 

SUBTOTAL CONSTRUCTION, ARMY .......................................................................... 99,849 99,849 

O&M, ARMY 

Worldwide Unspecified 

O&M, Army Unspecified Worldwide 

Locations 

Management ..................................................... 42,850 42,850 

O&M, Army Unspecified Worldwide 

Locations 

Services ............................................................. 8,277 8,277 

O&M, Army Unspecified Worldwide 

Locations 

Furnishings ....................................................... 18,077 18,077 

O&M, Army Unspecified Worldwide 

Locations 

Miscellaneous .................................................... 556 556 

O&M, Army Unspecified Worldwide 

Locations 

Maintenance ...................................................... 111,181 111,181 

O&M, Army Unspecified Worldwide 

Locations 

Utilities ............................................................. 43,772 43,772 


Pbinns on DSKJLVW7X2PROD with BILLS
989 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

O&M, Army Unspecified Worldwide 

Locations 

Leasing ............................................................. 128,110 128,110 

O&M, Army Unspecified Worldwide 

Locations 

Housing Privatization Support ......................... 38,404 38,404 

SUBTOTAL O&M, ARMY .................................................................................................. 391,227 391,227 

CONSTRUCTION, NAVY AND MARINE CORPS 

Worldwide Unspecified 

Construction, Navy 

and Marine Corps 

Unspecified Worldwide 

Locations 

USMC DPRI/Guam Planning & Design .......... 2,098 2,098 

Construction, Navy 

and Marine Corps 

Unspecified Worldwide 

Locations 

Construction Improvements .............................. 71,884 71,884 

Construction, Navy 

and Marine Corps 

Unspecified Worldwide 

Locations 

Planning & Design ........................................... 3,634 3,634 

SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS ............................. 77,616 77,616 

O&M, NAVY AND MARINE CORPS 

Worldwide Unspecified 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Utilities ............................................................. 56,271 56,271 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Furnishings ....................................................... 16,537 16,537 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Management ..................................................... 54,083 54,083 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Miscellaneous .................................................... 285 285 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Services ............................................................. 17,637 17,637 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Leasing ............................................................. 62,567 62,567 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Maintenance ...................................................... 95,417 95,417 

O&M, Navy and Marine Corps Unspecified Worldwide 

Locations 

Housing Privatization Support ......................... 54,544 54,544 

SUBTOTAL O&M, NAVY AND MARINE CORPS ..................................................... 357,341 357,341 

CONSTRUCTION, AIR FORCE 

Georgia 

Construction, Air 

Force 

Robins Air Force Base Robins 2 MHPI Restructure ............................ 6,000 6,000 

Nebraska 

Construction, Air 

Force 

Offutt Air Force Base Offutt MHPI Restructure ................................ 50,000 50,000 

Worldwide Unspecified 

Construction, Air 

Force 

Unspecified Worldwide 

Locations 

Construction Improvements .............................. 49,258 49,258 

Construction, Air 

Force 

Unspecified Worldwide 

Locations 

Planning & Design ........................................... 10,458 10,458 

SUBTOTAL CONSTRUCTION, AIR FORCE .............................................................. 115,716 115,716 

O&M, AIR FORCE 

Worldwide Unspecified 

O&M, Air Force Unspecified Worldwide 

Locations 

Housing Privatization ....................................... 23,275 23,275 

O&M, Air Force Unspecified Worldwide 

Locations 

Utilities ............................................................. 43,668 43,668 

O&M, Air Force Unspecified Worldwide 

Locations 

Management ..................................................... 70,062 70,062 

O&M, Air Force Unspecified Worldwide 

Locations 

Services ............................................................. 8,124 8,124 

O&M, Air Force Unspecified Worldwide 

Locations 

Furnishings ....................................................... 26,842 26,842 

O&M, Air Force Unspecified Worldwide 

Locations 

Miscellaneous .................................................... 2,200 2,200 

O&M, Air Force Unspecified Worldwide 

Locations 

Leasing ............................................................. 9,520 9,520 

O&M, Air Force Unspecified Worldwide 

Locations 

Maintenance ...................................................... 141,754 141,754 

SUBTOTAL O&M, AIR FORCE ....................................................................................... 325,445 325,445 

O&M, DEFENSE-WIDE 

Worldwide Unspecified 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Utilities ............................................................. 4,166 4,166 


Pbinns on DSKJLVW7X2PROD with BILLS
990 

•S 2792 RS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Senate 

Authorized 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Furnishings ....................................................... 83 83 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Utilities ............................................................. 14 14 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Leasing ............................................................. 13,387 13,387 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Maintenance ...................................................... 49 49 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Furnishings ....................................................... 656 656 

O&M, Defense-Wide Unspecified Worldwide 

Locations 

Leasing ............................................................. 31,430 31,430 

SUBTOTAL O&M, DEFENSE-WIDE .............................................................................. 49,785 49,785 

IMPROVEMENT FUND 

Worldwide Unspecified 

Improvement Fund Unspecified Worldwide 

Locations 

Administrative Expenses—FHIF ..................... 6,081 6,081 

SUBTOTAL IMPROVEMENT FUND ............................................................................. 6,081 6,081 

UNACCMP HSG IMPROVEMENT FUND 

Worldwide Unspecified 

Unaccmp HSG Improvement Fund Unspecified Worldwide 

Locations 

Administrative Expenses—UHIF .................... 494 494 

SUBTOTAL UNACCMP HSG IMPROVEMENT FUND ........................................... 494 494 

TOTAL FAMILY HOUSING .............................................................................................. 1,423,554 1,423,554 

DEFENSE BASE REALIGNMENT AND CLOSURE 

ARMY BRAC 

Worldwide Unspecified 

Army BRAC Base Realignment & 

Closure 

Base Realignment & Closure ............................ 65,301 65,301 

SUBTOTAL ARMY BRAC .................................................................................................. 65,301 65,301 

NAVY BRAC 

Worldwide Unspecified 

Navy BRAC Unspecified Worldwide 

Locations 

Base Realignment & Closure ............................ 111,155 111,155 

SUBTOTAL NAVY BRAC .................................................................................................. 111,155 111,155 

AIR FORCE BRAC 

Worldwide Unspecified 

Air Force BRAC Unspecified Worldwide 

Locations 

DOD BRAC Activities—Air Force .................. 104,216 104,216 

SUBTOTAL AIR FORCE BRAC ...................................................................................... 104,216 104,216 

DOD BRAC 

Worldwide Unspecified 

DOD BRAC Unspecified Worldwide 

Locations 

Int–4: DLA Activities ....................................... 3,967 3,967 

SUBTOTAL DOD BRAC ..................................................................................................... 3,967 3,967 

TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE ................................ 284,639 284,639 

TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC ........ 9,863,031 12,714,611 


Pbinns on DSKJLVW7X2PROD with BILLS
991 

•S 2792 RS

1 TITLE XLVII—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 PROGRAMS 

4 SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY 

5 PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Senate 

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: 

Federal Salaries and Expenses .................................................... 464,000 464,000 

Weapons activities ....................................................................... 15,484,295 15,755,745 

Defense nuclear nonproliferation ................................................. 1,934,000 1,991,000 

Naval reactors .............................................................................. 1,860,705 1,860,705 

Total, National Nuclear Security Administration .......................... 19,743,000 20,071,450 

Defense environmental cleanup ........................................................... 6,841,670 6,573,000 

Other defense activities ....................................................................... 1,170,000 920,000 

Total, Atomic Energy Defense Activities ........................................... 27,754,670 27,564,450 

Total, Discretionary Funding ................................................................. 27,904,470 27,714,250 

Nuclear Energy 

Safeguards and security ..................................................................................... 149,800 149,800 

Total, Nuclear Energy ............................................................................... 149,800 149,800 

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 

Multi-Weapon Systems ........................................................................ 1,180,483 1,180,483 

Total, Stockpile major modernization ................................................ 4,012,735 4,012,735 

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 


Pbinns on DSKJLVW7X2PROD with BILLS
992 

•S 2792 RS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Senate 

Authorized 

21–D–512, Plutonium Pit Production Project, LANL ....... 350,000 350,000 

Subtotal, Los Alamos plutonium modernization ............................ 1,010,419 1,010,419 

Savannah River plutonium modernization 

Savannah River plutonium operations ................................. 128,000 128,000 

21–D–511, Savannah River Plutonium Processing Facility, 

SRS .................................................................................. 475,000 475,000 

Subtotal, Savannah River plutonium modernization ................... 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 ........................................................... 488,097 493,097 

Cold hearth furnace for depleted uranium ................. (5,000) 

Tritium and Domestic Uranium Enrichment ............................................. 489,017 489,017 

Non-Nuclear Capability Modernization ....................................................... 144,563 144,563 

Total, Production modernization .......................................................... 2,910,979 2,915,979 

Stockpile research, technology, and engineering 

Assessment science ...................................................................................... 689,578 769,528 

Reverse FY22 decrease ............................................... (79,950) 

Engineering and integrated assessments .................................................... 336,766 337,766 

Reverse FY22 decrease ............................................... (1,000) 

Inertial confinement fusion ......................................................................... 529,000 599,000 

Reverse FY22 decrease, fund operations and targets (70,000) 

Advanced simulation and computing .......................................................... 747,012 747,012 

Weapon technology and manufacturing maturation ................................... 292,630 301,130 

Reverse FY22 decrease ............................................... (8,500) 

Academic programs ..................................................................................... 85,645 91,945 

Reverse FY22 decrease ............................................... (6,300) 

Total, Stockpile research, technology, and engineering .............. 2,680,631 2,846,381 

Infrastructure and operations 

Operating 

Operations of facilities ........................................................................ 1,014,000 1,014,000 

Safety and Environmental Operations ................................................ 165,354 165,354 

Maintenance and Repair of Facilities ................................................. 670,000 670,000 

Recapitalization 

Infrastructure and Safety ............................................................ 508,664 574,664 

Reverse FY22 decrease ............................................... (66,000) 

Capabilities Based Investments ................................................... 143,066 149,166 

Reverse FY22 decrease ............................................... (6,100) 

Planning for Programmatic Construction (Pre-CD–1) ............... 0 10,000 

Reverse FY22 decrease ............................................... (10,000) 

Subtotal, Recapitalization ....................................................................... 651,730 733,830 

Total, Operating ........................................................................................... 2,501,084 2,583,184 

I&O: Construction 

Programmatic 

22–D–513 Power Sources Capability, SNL ............................... 13,827 13,827 

21–D–510, HE Synthesis, Formulation, and Production Facility, PX ..................................................................................... 44,500 44,500 

18–D–690, Lithium Processing Facility, Y–12 .......................... 171,902 171,902 

18–D–650, Tritium Finishing Facility, SRS .............................. 27,000 27,000 

18–D–620, Exascale Computing Facility Modernization 

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 Facility, LANL ........ 0 0 

06–D–141, Uranium Processing Facility, Y–12 ......................... 524,000 524,000 

04–D–125, Chemistry and Metallurgy Research Replacement 

Project, LANL ......................................................................... 138,123 138,123 

Total, Programmatic .................................................................................. 1,081,352 1,081,352 

Mission enabling 

22–D–514 Digital Infrastructure Capability Expansion ............. 8,000 8,000 

Total, Mission enabling ............................................................................. 8,000 8,000 

Total, I&O construction ............................................................................ 1,089,352 1,089,352 

Total, Infrastructure and operations .................................................. 3,590,436 3,672,536 


Pbinns on DSKJLVW7X2PROD with BILLS
993 

•S 2792 RS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Senate 

Authorized 

Secure transportation asset 

Operations and equipment .......................................................................... 213,704 225,704 

Reverse FY22 decrease ............................................... (12,000) 

Program direction ....................................................................................... 123,060 129,660 

Reverse FY22 decrease ............................................... (6,600) 

Total, Secure transportation asset ....................................................... 336,764 355,364 

Defense nuclear security 

Operations and maintenance ....................................................................... 824,623 824,623 

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 ............................................................. 847,623 847,623 

Information technology and cybersecurity ...................................... 406,530 406,530 

Legacy contractor pensions .................................................................... 78,656 78,656 

Total, Weapons Activities ......................................................................... 15,484,295 15,755,745 

Adjustments 

Use of prior year balances .......................................................................... 0 0 

Total, Adjustments ...................................................................................... 0 0 

Total, Weapons Activities ......................................................................... 15,484,295 15,755,745 

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 10,000 

Additional isotope production ............................................. (10,000) 

Total, Material management & minimization .................................. 342,946 352,946 

Global material security 

International nuclear security ............................................................. 79,939 79,939 

Domestic radiological security ............................................................. 158,002 185,002 

Reverse FY22 decrease ....................................................... (27,000) 

International radiological security ....................................................... 85,000 85,000 

Nuclear smuggling detection and deterrence ...................................... 175,000 185,000 

Additional border screening ................................................ (10,000) 

Total, Global material security .............................................................. 497,941 534,941 

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 87,329 

Nuclear detonation detection ............................................................... 271,000 271,000 

Nonproliferation fuels development ..................................................... 0 0 

Total, Defense Nuclear Nonproliferation R&D ................................ 627,736 627,736 

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 1,901,418 

Legacy contractor pensions ................................................................................ 38,800 38,800 

Nuclear counterterrorism and incident response program 

Emergency Operations ................................................................................ 14,597 24,597 

Reverse FY22 decrease ............................................... (10,000) 

Counterterrorism and Counterproliferation ................................................ 356,185 356,185 

Total, Nuclear counterterrorism and incident response program .............................................................................................................. 370,782 380,782 

Subtotal, Defense Nuclear Nonproliferation .................................... 2,264,000 2,321,000 

Adjustments 


Pbinns on DSKJLVW7X2PROD with BILLS
994 

•S 2792 RS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Senate 

Authorized 

Use of prior year balances .......................................................................... 0 0 

Rescission of prior year MOX funding ....................................................... –330,000 –330,000 

Total, Adjustments ...................................................................................... –330,000 –330,000 

Total, Defense Nuclear Nonproliferation ........................................... 1,934,000 1,991,000 

Naval Reactors 

Naval reactors development ................................................................................ 635,684 635,684 

Columbia-Class reactor systems development ..................................................... 55,000 55,000 

S8G Prototype refueling ..................................................................................... 126,000 126,000 

Naval reactors operations and infrastructure ..................................................... 599,017 599,017 

Program direction ............................................................................................... 55,579 55,579 

Construction: 

22–D–532 Security Upgrades KL .............................................................. 5,100 5,100 

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 

Rescission 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 20,071,450 

Defense Environmental Cleanup 

Closure sites administration ........................................................................ 3,987 3,987 

Richland: 

River corridor and other cleanup operations .............................................. 196,000 233,000 

Reverse FY22 decrease ............................................... (37,000) 

Central plateau remediation ........................................................................ 689,776 689,776 

Richland community and regulatory support ............................................. 5,121 5,121 

18–D–404 Modification of Waste Encapsulation and Storage 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 ............................................................................................. 926,897 963,897 

Office of River Protection: 

Waste Treatment Immobilization Plant Commissioning ............................ 50,000 50,000 

Rad liquid tank waste stabilization and disposition ................................... 817,642 837,642 

Additional tank stabilization ....................................... (20,000) 

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 Facility .............. 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 45,000 

Accelerate cleanup ...................................................... (10,000) 

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 .............................................. 450,619 460,619 


Pbinns on DSKJLVW7X2PROD with BILLS
995 

•S 2792 RS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Senate 

Authorized 

Oak Ridge Reservation: 

OR Nuclear facility D&D ............................................................................ 274,923 324,923 

Accelerate cleanup ...................................................... (50,000) 

U233 Disposition Program ......................................................................... 55,000 55,000 

OR cleanup and waste disposition .............................................................. 73,725 73,725 

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 ................................................................ 424,244 474,244 

Savannah River Site: 

Savannah River risk management operations ............................................. 461,723 486,023 

H-canyon operations ................................................... (24,300) 

SR legacy pensions ...................................................................................... 130,882 130,882 

SR community and regulatory support ....................................................... 5,805 11,505 

Reverse FY22 decrease ............................................... (5,700) 

Radioactive liquid tank waste: 

Construction: 

20-D–402 Advanced Manufacturing Collaborative Facility (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 

Total, Construction, Radioactive liquid tank waste ...................... 92,500 92,500 

Radioactive liquid tank waste stabilization ................................................. 890,865 890,865 

Total, Savannah River Site ...................................................................... 1,581,775 1,611,775 

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 

Reverse contribution to Fund from EM budget ................. (–415,670) 

Use of prior year balances .................................................................................. 0 0 

Subtotal, Defense environmental cleanup ........................................ 6,841,670 6,573,000 

Rescission: 

Rescission of prior year balances ................................................................ 0 0 

TOTAL, Defense Environmental Cleanup ......................................... 6,841,670 6,573,000 

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 

Specialized security activities .............................................................................. 283,500 283,500 

Office of Legacy Management 

Legacy management activities—defense ..................................................... 408,797 158,797 


Pbinns on DSKJLVW7X2PROD with BILLS
996 

•S 2792 RS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Senate 

Authorized 

Reduction for work performed by Army Corps of Engineers ...................................................................... (–250,000) 

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 


Pbinns on DSKJLVW7X2PROD with BILLS

Pbinns on DSKJLVW7X2PROD with BILLS
Calendar No. 129 

117TH CONGRESS 

1ST SESSION S. 2792 

[Report No. 117–39] 

A BILL 

To authorize appropriations for fiscal year 2022 for 

and for other purposes. military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense, 

SEPTEMBER 22 (legislative day, SEPTEMBER 21), 2021 

Read twice and placed on the calendar 


Pbinns on DSKJLVW7X2PROD with BILLS