(ii) rounding the product of the cal-
culation under clause (i) to the nearest 
whole number. 
(2) COST-PER-TAIL
FACTOR.—For purposes of 
paragraph (1)(B), the cost-per-tail factor is equal 
to— 
(A) 6,800,000, divided by 
(B) a number equal to the average cost-per- 
tail-per-year of the F–35C aircraft of the Marine 
Corps during fiscal year 2027 (as determined by 
the Secretary of the Navy in accordance with 
subsection (e)). 
(e) DETERMINATION OF COST-PER-TAIL-PER-YEAR FOR 
FISCAL YEAR 2027.—— 
(1) IN GENERAL.—Not later than 90 days after 
the end of fiscal year 2027— 
(A) the Secretary of the Air Force shall de-
termine the average cost-per-tail of the F–35A 
aircraft of the Air Force during fiscal year 2027; 
and 
(B) the Secretary of the Navy shall deter-
mine the average cost-per-tail of— 
(i) the F–35B aircraft of the Marine 
Corps during such fiscal year; 
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(ii) the F–35C aircraft of the Navy 
during such fiscal year; and 
(iii) the F–35C aircraft of the Marine 
Corps during such fiscal year. 
(2) CALCULATION.—For purposes of paragraph 
(1), the average cost-per-tail of a variant of an F–35 
aircraft of an Armed Force shall be determined by— 
(A) adding the total amount expended for 
fiscal year 2027 (in base year fiscal 2012 dol-
lars) for all such aircraft in the inventory of the 
Armed Force for— 
(i) unit level manpower; 
(ii) unit operations; 
(iii) maintenance; 
(iv) sustaining support; 
(v) continuing system support; and 
(vi) modifications; and 
(B) dividing the sum obtained under sub-
paragraph (A) by the average number of such 
aircraft in the inventory of the Armed Force 
during such fiscal year. 
(f) WAIVER AUTHORITY.—The Secretary of Defense 
may waive the quantity limits under any of subsections (a) 
through (d) if, prior to issuing such a waiver, the Secretary 
certifies to the congressional defense committees that pro-
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curing additional quantities of a variant of an F–35 air-
craft above the applicable quantity limit are required to 
meet the national military strategy requirements of the 
combatant commanders. The authority of the Secretary 
under this subsection may not be delegated. 
(g) AIRCRAFT DEFINED.—In this section, the term 
‘‘aircraft’’ means aircraft owned and operated by an Armed 
Force of the United States and does not include aircraft 
owned or operated by an armed force of a foreign country. 
SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR 
AIRCRAFT 
SYSTEMS 
FOR 
THE 
ARMED 
OVERWATCH PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2022 for the Department of Defense for the procure-
ment of aircraft systems for the armed overwatch program 
of the United States Special Operations Command, not 
more than 50 percent may be obligated or expended until 
the date on which the documentation described in subsection 
(b) is submitted to the congressional defense committees. 
(b) DOCUMENTATION DESCRIBED.—The documenta-
tion described in this subsection is the airborne intelligence, 
surveillance, and reconnaissance acquisition roadmap for 
the United States Special Operations Command required 
to be submitted to the congressional defense committees 
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under section 165 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 (Pub-
lic Law 116–283). 
(c) REQUIREMENT
TO MAINTAIN CAPABILITIES.— 
Until such time as the Secretary of Defense identifies a suit-
able replacement for the U–28 aircraft, the Secretary shall 
maintain the U–28 aircraft platform to provide necessary 
capabilities to sustain operations to meet the operational 
intelligence, surveillance, and reconnaissance requirements 
of combatant commanders. 
SEC. 143. MAJOR WEAPON SYSTEMS CAPABILITY ASSESS-
MENT PROCESS AND PROCEDURE REVIEW 
AND REPORT. 
(a) REVIEW.—The Secretary of Defense shall review, 
and modify as appropriate, the processes of the Department 
for the management of strategic risk with respect to capa-
bilities of major weapon systems, including the processes 
for— 
(1) ensuring the suitability of major weapon sys-
tems to address current and emerging military 
threats; and 
(2) identifying for upgrade or replacement any 
fielded major weapon system that is not capable of ef-
fectively meeting operational requirements. 
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(b) REPORT.—Not later than one year after the date 
of the enactment of this section, the Secretary of Defense 
shall submit to the congressional defense committees and the 
Comptroller General of the United States a report con-
taining the following: 
(1) A comprehensive description of the current 
policies and processes of the Department of Defense 
for— 
(A) assessing the effectiveness, and the costs, 
of fielded major weapon systems in addressing 
the current, mid-term, and long-term threats 
identified in the contingency plans of the com-
batant commands; 
(B) assessing tradeoffs, including in terms 
of resources, funding, time, capabilities, and pro-
grammatic and operational risk, between devel-
oping a new major weapon system compared 
to— 
(i) continued use of a fielded major 
weapon system; and 
(ii) replacing a fielded major weapon 
system; 
(C) developing strategies for the continued 
use or replacement of fielded major weapon sys-
tems that ensure that the capabilities of major 
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weapon systems are viable and resilient against 
evolving threats; and 
(D) developing and implementing plans for 
the replacement and divestment of fielded major 
weapon systems that manage the related strategic 
risk. 
(2) The key factors considered by the Secretary 
of Defense when applying the policies and processes 
described in paragraph (1). 
(3) An assessment of the extent to which the poli-
cies and processes described in paragraph (1) enable 
the Secretary of Defense to— 
(A) evaluate, at regular intervals, whether a 
major weapon system— 
(i) meets operational requirements; 
and 
(ii) is capable of addressing emerging 
and evolving threats identified in the Na-
tional Defense Strategy; 
(B) efficiently and effectively determine if a 
fielded major weapon system should continue to 
be used or replaced and divested and— 
(i) with respect to a fielded major 
weapon system that should continue to be 
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used, how long such use should continue; 
and 
(ii) with respect to a fielded major 
weapon system that should be replaced and 
divested— 
(I) how long such replacement 
will take; 
(II) the period over which such di-
vestment should occur; and 
(III) the expected improvements 
in the effectiveness of the replacement 
major weapon system to meet oper-
ational requirements; 
(C) effectively implement the determinations 
described in subparagraph (B); and 
(D) manage strategic risk relative to the ef-
fectiveness of major weapon systems meeting 
operational requirements. 
(4) An identification of the fielded major weapon 
systems with respect to which the Secretary of Defense 
completed replacement or divestment during the pe-
riod beginning on January 1, 2010, and ending on 
the date on which the report is submitted under this 
subsection. 
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(5) An assessment of the processes involved in the 
decisions of the Secretary of Defense to replace and 
divest the fielded major weapon systems identified 
under paragraph (4), including an assessment of the 
effectiveness in meeting operational requirements and 
the timeliness of those processes involved in making 
replacement decisions. 
(6) An identification of any fielded major weap-
on systems with respect to which, as of the date on 
which the report is submitted under this subsection, 
the Secretary of Defense plans to complete replace-
ment or divestment not later than December 31, 2035. 
(7) An analysis of the plans of the Secretary of 
Defense with respect to replacing or divesting the 
fielded major weapon systems identified under para-
graph (6), including— 
(A) the rationale supporting such replace-
ment or divestment plans; 
(B) any anticipated challenges to carrying 
out the replacement or divestments; and 
(C) a description of how the Secretary of 
Defense will manage at an appropriate level the 
strategic risk relative to the availability and ef-
fectiveness of the fielded major weapons systems 
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to be divested, including a description of any 
risk mitigation plans. 
(8) An identification of the major weapon system 
upgrade efforts and the research, development, and ac-
quisition programs to replace fielded major weapon 
systems that the Secretary of Defense— 
(A) began after December 31, 2009; or 
(B) as of the date on which the report is 
submitted under this subsection, plans to begin 
not later than December 31, 2035. 
(9) An assessment of how the replacement major 
weapon systems from the programs identified under 
paragraph (8) will meet current and future oper-
ational requirements in the National Defense Strat-
egy. 
(c) COMPTROLLER
GENERAL
BRIEFING
AND
RE-
PORT.— 
(1) ASSESSMENTS.—The Comptroller General of 
the United States shall conduct a preliminary assess-
ment and a detailed assessment of the report required 
under subsection (b). 
(2) BRIEFING.—Not later than 180 days after 
the date on which the Secretary of Defense submits to 
the Comptroller General the report required under 
subsection (b), the Comptroller General shall brief the 
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congressional defense committees on the preliminary 
assessment of such report required under paragraph 
(1). 
(3) REPORT.—The Comptroller General shall 
submit to the congressional defense committees a re-
port on the findings of the detailed assessment re-
quired under paragraph (1). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘National Defense Strategy’’ means 
the strategy required under section 113(g) of title 10, 
United States Code. 
(2) The term ‘‘major weapon system’’ has the 
meaning given such term under section 2379(f) of 
title 10, United States Code. 
(3) The term ‘‘strategic risk’’ means a risk aris-
ing from updating or replacing a major weapon sys-
tem, or the decision to not update or replace a major 
weapon system. 
SEC. 144. REPORTS ON EXERCISE OF WAIVER AUTHORITY 
WITH RESPECT TO CERTAIN AIRCRAFT EJEC-
TION SEATS. 
Not later than February 1, 2022, and on a semiannual 
basis thereafter through February 1, 2024, the Secretary of 
the Air Force and the Secretary of the Navy shall each sub-
mit to the congressional defense committees a report that 
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includes, with respect to each location at which active flying 
operations are conducted or planned as of the date report— 
(1) the number of aircrew ejection seats installed 
in the aircraft used, or expected to be used, at such 
location; 
(2) of the ejection seats identified under para-
graph (1), the number that have been, or are expected 
to be, placed in service subject to a waiver due to— 
(A) deferred maintenance; or 
(B) the inability to obtain parts to make re-
pairs or to fulfill time-compliance technical or-
ders; and 
(3) for each ejection seat subject to a waiver as 
described in paragraph (2)— 
(A) the date on which the waiver was 
issued; and 
(B) the name and title of the official who 
authorized the waiver. 
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TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2022 for the use of the Department of Defense for 
research, development, test, and evaluation, as specified in 
the funding table in section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. DUTIES AND REGIONAL ACTIVITIES OF THE DE-
FENSE INNOVATION UNIT. 
(a) DUTIES OF DIU JOINT RESERVE DETACHMENT.— 
Clause (ii) of section 2358b(c)(2)(B) of title 10, United 
States Code, is amended to read as follows: 
‘‘(ii) the technology requirements of the 
Department of Defense, as identified in the 
most recent— 
‘‘(I) National Defense Strategy; 
‘‘(II) National Defense Science 
and Technology Strategy as directed 
under section 218 of the John S. 
McCain National Defense Authoriza-
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tion Act for Fiscal Year 2019 (Public 
Law 115–232; 132 Stat. 1679); and 
‘‘(III) policy and guidance from 
the Under Secretary of Defense for Re-
search and Engineering and the Under 
Secretary of Defense for Acquisition 
and Sustainment; and’’. 
(b) REGIONAL ACTIVITIES.—Subject to the availability 
of appropriations for such purpose, the Secretary of Defense 
may expand the efforts of the Defense Innovation Unit to 
engage and collaborate with private-sector industry and 
communities in various regions of the United States— 
(1) to accelerate the adoption of commercially 
developed advanced technology in the areas of manu-
facturing, space, energy, materials, autonomy, and 
such other key technology areas as may be identified 
by the Secretary; and 
(2) to expand outreach to communities that do 
not otherwise have a Defense Innovation Unit pres-
ence, including economically disadvantaged commu-
nities. 
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SEC. 212. MODIFICATION OF MECHANISMS FOR EXPEDITED 
ACCESS TO TECHNICAL TALENT AND EXPER-
TISE AT ACADEMIC INSTITUTIONS TO SUP-
PORT DEPARTMENT OF DEFENSE MISSIONS. 
Section 217 of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 
note) is amended— 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) CONSULTATION WITH OTHER ORGANIZATIONS.— 
For the purposes of providing technical expertise and reduc-
ing costs and duplicative efforts, the Secretary of Defense 
and the Secretaries of the military departments shall work 
to ensure and support the sharing of information on the 
research and consulting that is being carried out across the 
Federal Government in Department-wide shared informa-
tion systems including the Defense Technical Information 
Center.’’; 
(2) in subsection (e)— 
(A) by redesignating paragraph (31) as 
paragraph (33); and 
(B) by inserting after paragraph (30) the 
following new paragraphs: 
‘‘(31) Nuclear science, security, and non-
proliferation. 
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‘‘(32) Chemical, biological, radiological, and nu-
clear defense.’’; and 
(3) in subsection (g), by striking ‘‘2026’’ and in-
serting ‘‘2028’’. 
SEC. 213. MODIFICATION OF MECHANISMS FOR EXPEDITED 
ACCESS TO TECHNICAL TALENT AND EXPER-
TISE AT ACADEMIC INSTITUTIONS. 
Section 217(e) of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 
2358 note), as amended by section 212 of this title, is fur-
ther amended— 
(1) by redesignating paragraph (33) as para-
graph (34); and 
(2) by inserting after paragraph (32) the fol-
lowing new paragraph: 
‘‘(33) Spectrum activities.’’. 
SEC. 214. MINORITY INSTITUTE FOR DEFENSE RESEARCH. 
(a) PLAN TO ESTABLISH MINORITY INSTITUTE FOR 
DEFENSE RESEARCH.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, the Secretary 
shall submit to the congressional defense committees a 
plan (in this section referred to as the ‘‘Plan’’) for the 
establishment of the Minority Institute for Defense 
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Research (in this section referred to as the ‘‘Consor-
tium’’). 
(2) ELEMENTS.—The Plan shall include the fol-
lowing: 
(A) Information relating to the projected 
needs of the Department for the next twenty 
years with respect to essential engineering, re-
search, or development capability. 
(B) An assessment relating to the engineer-
ing, research, and development capability of each 
minority institution. 
(C) Information relating to the advance-
ments and investments necessary to elevate a mi-
nority institution or a consortium of minority 
institutions to the research capacity of a Univer-
sity Affiliated Research Center. 
(D) Recommendations relating to actions 
that may be taken by the Department, Congress, 
and minority institutions to establish the Con-
sortium within 10 years. 
(3) PUBLICLY
AVAILABLE.—The Plan shall be 
posted on a publicly available website of the Depart-
ment. 
(b) NAMING OF THE CONSORTIUM.—With respect to 
the naming of the Consortium, the Secretary shall— 
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(1) establish a process to solicit and review pro-
posals of names from— 
(A) minority institutions; 
(B) nonprofit institutions that advocate on 
behalf of minority institutions; and 
(C) members of the public; 
(2) develop a list of all names received pursuant 
to paragraph (1); 
(3) provide opportunity for public comment on 
the names included on such list; and 
(4) choose a name from such list to name the 
Consortium. 
(c) GRANT PROGRAM FOR MINORITY INSTITUTIONS.— 
(1) IN GENERAL.—The Secretary may establish a 
program to award grants, on a competitive basis, to 
minority institutions for the purposes described in 
paragraph (2). 
(2) PURPOSES.—The purposes described in this 
paragraph are the following: 
(A) Establishing a legal entity for the pur-
pose of entering into research contracts or agree-
ments with the Federal Government or the Con-
sortium. 
(B) Developing the capability to bid on 
Federal Government or Consortium contracts. 
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(C) Requesting technical assistance from the 
Federal Government or a private entity with re-
spect to contracting with the Federal Govern-
ment or the Consortium. 
(D) Recruiting and retaining research fac-
ulty. 
(E) Advancing research capabilities relating 
to the national security of the United States. 
(F) Any other matter determined appro-
priate by the Secretary. 
(3) APPLICATION.—To be eligible to receive a 
grant under this section, a minority institution shall 
submit to the Secretary an application in such form, 
and containing such information, as the Secretary 
may require. 
(4) PREFERENCE.—In awarding grants pursu-
ant to paragraph (1), the Secretary may give pref-
erence to a minority institution with a R1 or R2 sta-
tus on the Carnegie Classification of Institutions of 
Higher Education. 
(d) SUBCONTRACTING REQUIREMENTS FOR MINORITY 
INSTITUTIONS.— 
(1) IN
GENERAL.—Section 2304 of title 10, 
United States Code, is amended by adding at the end 
the following new subsection: 
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‘‘(m)(1) The head of an agency shall require that a 
contract awarded to Department of Defense Federally 
Funded Research and Development Center or University 
Affiliated Research Center includes a requirement to estab-
lish a partnership to develop the capacity of minority insti-
tutions to address the research and development needs of 
the Department. Such partnerships shall be through a sub-
contract with one or more minority institutions for a total 
amount of not less than 5 percent of the amount awarded 
in the contract. 
‘‘(2) For the purposes of this subsection, a minority 
institution means— 
‘‘(A) a part B institution (as such term is de-
fined in section 322(2) of the Higher Education Act 
of 1965 (20 U.S.C. 1061(2))); or 
‘‘(B) any other institution of higher education 
(as such term is defined in section 101 of such Act 
(20 U.S.C. 1001)) at which not less than 50 percent 
of the total student enrollment consists of students 
from ethnic groups that are underrepresented in the 
fields of science and engineering.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall— 
(A) take effect on October 1, 2026; and 
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(B) apply with respect to funds that are 
awarded by the Department of Defense on or 
after such date. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Department’’ means the Depart-
ment of Defense. 
(2) The term ‘‘institution of higher education’’ 
has the meaning given such term in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001). 
(3) The term ‘‘minority institution’’ means— 
(A) a part B institution (as such term is 
defined in section 322(2) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1061(2))); or 
(B) any institution of higher education at 
which not less than 50 percent of the total stu-
dent enrollment consists of students from ethnic 
groups that are underrepresented in the fields of 
science and engineering. 
(4) The term ‘‘Secretary’’ means the Secretary of 
Defense. 
(5) The term ‘‘University Affiliated Research 
Center’’ means a research organization within an in-
stitution of higher education that— 
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(A) provides or maintains Department es-
sential engineering, research, or development ca-
pabilities; and 
(B) receives sole source contract funding 
from the Department pursuant to section 
2304(c)(3)(B) of title 10, United States Code. 
SEC. 215. TEST PROGRAM FOR ENGINEERING PLANT OF 
DDG(X) DESTROYER VESSELS. 
(a) TEST PROGRAM REQUIRED.—During the detailed 
design period and prior to the construction start date of 
the lead ship in the DDG(X) destroyer class of vessels, the 
Secretary of the Navy shall commence a land-based test pro-
gram for the engineering plant of such class of vessels. 
(b) ADMINISTRATION.—The test program required by 
subsection (a) shall be administered by the Senior Technical 
Authority for the DDG(X) destroyer class of vessels. 
(c) ELEMENTS.—The test program required by sub-
section (a) shall include, at a minimum, testing of the fol-
lowing equipment in vessel-representative form: 
(1) Main reduction gear. 
(2) Electrical propulsion motors. 
(3) Other propulsion drive train components. 
(4) Main propulsion system. 
(5) Auxiliary propulsion unit. 
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(6) Electrical generation and distribution sys-
tems. 
(7) Shipboard control systems. 
(8) Power control modules. 
(d) TEST OBJECTIVES.—The test program required by 
subsection (a) shall include, at a minimum, the following 
test objectives demonstrated across the full range of engi-
neering plant operations for the DDG(X) destroyer class of 
vessels: 
(1) Test of the full propulsion drive train. 
(2) Test and facilitation of machinery control 
systems integration. 
(3) Simulation of the full range of electrical de-
mands to enable the investigation of load dynamics 
between the hull, mechanical and electrical equip-
ment, the combat system, and auxiliary equipment. 
(e) COMPLETION DATE.—The Secretary of the Navy 
shall complete the test program required by subsection (a) 
by not later than the delivery date of the lead ship in the 
DDG(X) destroyer class of vessels. 
(f) DEFINITIONS.—In this section: 
(1) DELIVERY DATE.—The term ‘‘delivery date’’ 
has the meaning given that term in section 8671 of 
title 10, United States Code. 
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(2) SENIOR TECHNICAL AUTHORITY.—The term 
‘‘Senior Technical Authority’’ means the official des-
ignated as the Senior Technical Authority for the 
DDG(X) destroyer class of vessels pursuant to section 
8669b of title 10, United States Code. 
SEC. 216. CONSORTIUM TO STUDY IRREGULAR WARFARE. 
(a) ESTABLISHMENT.—The Secretary of Defense, act-
ing through the Under Secretary of Defense for Research 
and Engineering, shall establish a research consortium of 
institutions of higher education to study irregular warfare 
and the responses to irregular threats. 
(b) PURPOSES.—The purposes of the consortium under 
subsection (a) are as follows: 
(1) To shape the formulation and application of 
policy through the conduct of research and analysis 
regarding irregular warfare. 
(2) To maintain open-source databases on issues 
relevant to understanding terrorism, irregular threats, 
and social and environmental change. 
(3) To serve as a repository for datasets regard-
ing research on security, social change, and irregular 
threats developed by institutions of higher education 
that receive Federal funding. 
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(4) To support basic research in social science on 
emerging threats and stability dynamics relevant to 
irregular threat problem sets. 
(5) To transition promising basic research— 
(A) to higher stages of research and develop-
ment, and 
(B) into operational capabilities, as appro-
priate, by supporting applied research and devel-
oping tools to counter irregular threats. 
(6) To facilitate the collaboration of research cen-
ters of excellence relating to irregular threats to better 
distribute expertise to specific issues and scenarios re-
garding such threats. 
(7) To enhance educational outreach and teach-
ing at professional military education schools to im-
prove— 
(A) the understanding of irregular threats; 
and 
(B) the integration of data-based responses 
to such threats. 
(8) To support classified research when necessary 
in appropriately controlled physical spaces. 
(c) COORDINATION.—The Under Secretary of Defense 
for Research and Engineering shall coordinate activities 
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conducted under this section with the Commander of the 
United States Special Operations Command. 
(d) PARTNERSHIPS.—The Under Secretary of Defense 
for Research and Engineering shall encourage partnerships 
between the consortium and university-affiliated research 
centers and other research institutions. 
(e) INSTITUTION OF HIGHER EDUCATION DEFINED.— 
In this section, the term ‘‘institution of higher education’’ 
has the meaning given that term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001). 
SEC. 217. DEVELOPMENT AND IMPLEMENTATION OF DIG-
ITAL 
TECHNOLOGIES 
FOR 
SURVIVABILITY 
AND LETHALITY TESTING. 
(a) EXPANSION OF SURVIVABILITY AND LETHALITY 
TESTING.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion with covered officials, shall— 
(A) expand the survivability and lethality 
testing of covered systems to include testing 
against non-kinetic threats; and 
(B) develop digital technologies to test such 
systems against such threats throughout the life 
cycle of each such system. 
(2) DEVELOPMENT OF DIGITAL TECHNOLOGIES 
FOR LIVE FIRE TESTING.— 
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(A) IN GENERAL.—The Secretary, in coordi-
nation with covered officials, shall develop— 
(i) digital technologies to enable the 
modeling and simulation of the live fire 
testing required under section 2366 of title 
10, United States Code; and 
(ii) a process to use data from physical 
live fire testing to inform and refine the 
digital technologies described in clause (i). 
(B) OBJECTIVES.—In carrying out sub-
paragraph (A), the Secretary shall seek to 
achieve the following objectives: 
(i) Enable assessments of full spectrum 
survivability and lethality of each covered 
system with respect to kinetic and non-ki-
netic threats. 
(ii) Inform the development and refine-
ment of digital technology to test and im-
prove covered systems. 
(iii) Enable survivability and lethality 
assessments of the warfighting capabilities 
of a covered system with respect to— 
(I) communications; 
(II) firepower; 
(III) mobility; 
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(IV) catastrophic survivability; 
and 
(V) lethality. 
(C) DEMONSTRATION ACTIVITIES.— 
(i) IN GENERAL.—The Secretary, act-
ing through the Director, shall carry out ac-
tivities to demonstrate the digital tech-
nologies for full spectrum survivability test-
ing developed under subparagraph (A). 
(ii) PROGRAM
SELECTION.—The Sec-
retary shall assess and select not fewer than 
three and not more than ten programs of 
the Department to participate in the dem-
onstration activities required under clause 
(i). 
(iii) ARMED FORCES PROGRAMS.—Of 
the programs selected pursuant to clause 
(ii), the Director shall select— 
(I) at least one such program 
from the Army; 
(II) at least one such program 
from the Navy or the Marine Corps; 
and 
(III) at least one such program 
from the Air Force or the Space Force. 
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(3) REGULAR
SURVIVABILITY
AND
LETHALITY 
TESTING THROUGHOUT LIFE CYCLE.— 
(A) IN GENERAL.—The Secretary, in coordi-
nation with covered officials, shall— 
(i) develop a process to regularly test 
through the use of digital technologies the 
survivability and lethality of each covered 
system against kinetic and non-kinetic 
threats throughout the life cycle of such sys-
tem as threats evolve; and 
(ii) establish guidance for such testing. 
(B) ELEMENTS.—In carrying out subpara-
graph (A), the Secretary shall determine the fol-
lowing: 
(i) When to deploy digital technologies 
to provide timely and up-to-date insights 
with respect to covered systems without un-
duly delaying fielding of capabilities. 
(ii) The situations in which it may be 
necessary to develop and use digital tech-
nologies to assess legacy fleet vulnerabilities. 
(b) REPORTS AND BRIEFING.— 
(1) ASSESSMENT
AND
SELECTION
OF
PRO-
GRAMS.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to 
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the congressional defense committees a report that 
identifies the programs selected to participate in the 
demonstration activities under subsection (a)(2)(C). 
(2) MODERNIZATION
AND
DIGITIZATION
RE-
PORT.— 
(A) IN
GENERAL.—Not later than March 
15, 2023, the Director shall submit to the con-
gressional defense committees a report that in-
cludes— 
(i) an assessment of the progress of the 
Secretary in carrying out subsection (a); 
(ii) an assessment of each of the dem-
onstration activities carried out under sub-
section (a)(2)(C), including a comparison 
of— 
(I) the risks, benefits, and costs of 
using digital technologies for live fire 
testing and evaluation; and 
(II) the risks, benefits, and costs 
of traditional physical live fire testing 
approaches that— 
(aa) are not supported by 
digital technologies; 
(bb) do not include testing 
against non-kinetic threats; and 
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(cc) do not include full spec-
trum survivability. 
(iii) an explanation of— 
(I) how real-world operational 
and digital survivability and lethality 
testing data will be used to inform and 
enhance digital technology; 
(II) the contribution of such data 
to the digital modernization efforts re-
quired under section 836 of the Wil-
liam M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283); and 
(III) the contribution of such data 
to the decision-support processes for 
managing and overseeing acquisition 
programs of the Department; 
(iv) an assessment of the ability of the 
Department to perform full spectrum sur-
vivability and lethality testing of each cov-
ered system with respect to kinetic and non- 
kinetic threats; 
(v) an assessment of the processes im-
plemented by the Department to manage 
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digital technologies developed pursuant to 
subsection (a); and 
(vi) an assessment of the processes im-
plemented by the Department to develop 
digital technology that can perform full 
spectrum survivability and lethality testing 
with respect to kinetic and non-kinetic 
threats. 
(B) BRIEFING.—Not later than April 14, 
2023, the Director shall provide to the congres-
sional defense committees a briefing that identi-
fies any changes to existing law that may be nec-
essary to implement subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) COVERED OFFICIALS.—The term ‘‘covered of-
ficials’’ means— 
(A) the Under Secretary of Defense for Re-
search and Engineering; 
(B) the Under Secretary of Defense for Ac-
quisition and Sustainment; 
(C) the Chief Information Officer; 
(D) the Director; 
(E) the Director of Cost Assessment and 
Program Evaluation; 
(F) the Service Acquisition Executives; 
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(G) the Service testing commands; 
(H) the Director of the Defense Digital 
Service; and 
(I) representatives from— 
(i) the Department of Defense Test Re-
source Management Center; 
(ii) the High Performance Computing 
Modernization Program Office; and 
(iii) the Joint Technical Coordination 
Group for Munitions Effectiveness. 
(2) COVERED SYSTEM.—The term ‘‘covered sys-
tem’’ means any warfighting capability that can de-
grade, disable, deceive, or destroy forces or missions. 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Defense. 
(4) DIGITAL TECHNOLOGIES.—The term ‘‘digital 
technologies’’ includes digital models, digital simula-
tions, and digital twin capabilities that may be used 
to test the survivability and lethality of a covered sys-
tem. 
(5) DIRECTOR.—The term ‘‘Director’’ means the 
Director of Operational Test and Evaluation. 
(6) 
FULL
SPECTRUM
SURVIVABILITY
AND 
LETHALITY TESTING.—The term ‘‘full spectrum sur-
vivability and lethality testing’’ means a series of as-
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sessments of the effects of kinetic and non-kinetic 
threats on the communications, firepower, mobility, 
catastrophic survivability, and lethality of a covered 
system. 
(7) NON-KINETIC THREATS.—The term ‘‘non-ki-
netic threats’’ means unconventional threats, includ-
ing— 
(A) cyber attacks; 
(B) electromagnetic spectrum operations; 
(C) chemical, biological, radiological, nu-
clear effects and high yield explosives; and 
(D) directed energy weapons. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Defense. 
SEC. 218. PILOT PROGRAM ON THE USE OF INTER-
MEDIARIES TO CONNECT THE DEPARTMENT 
OF 
DEFENSE 
WITH 
TECHNOLOGY 
PRO-
DUCERS. 
(a) IN GENERAL.—The Secretary of Defense shall 
carry out a pilot program to foster the transition of the 
science and technology programs, projects, and activities of 
the Department of Defense from the research, development, 
pilot, and prototyping phases to full-scale implementation. 
Under the pilot program, the Secretary shall seek to enter 
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into agreements with qualified intermediaries pursuant to 
which the intermediaries will— 
(1) match technology producers with programs, 
projects, and activities of the Department that may 
have a use for the technology developed by such pro-
ducers; and 
(2) provide technical assistance to such tech-
nology producers on participating in the procurement 
programs and acquisition processes of the Depart-
ment. 
(b) ACTIVITIES.—A qualified intermediary that enters 
into an agreement with the Secretary of Defense under sub-
section (a) shall, pursuant to such agreement— 
(1) guide and advise technology producers on 
participating in the procurement programs and ac-
quisition processes of the Department, including— 
(A) planning, programing, budgeting, and 
execution processes of the Department. 
(B) requirements processes; 
(C) the Federal Acquisition Regulation and 
the Department of Defense Supplement to the 
Federal Acquisition Regulation; 
(D) other procurement programs and au-
thorities, including— 
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(i) the Small Business Innovation Re-
search Program and the Small Business 
Technology Transfer Program, as defined in 
section 9(e) of the Small Business Act (15 
U.S.C. 638(e)); 
(ii) other transaction authority under 
sections 2371 and 2371b of title 10, United 
States Code; 
(iii) cooperative agreements; 
(iv) prizes for advanced technology 
achievements under section 2374a of title 
10, United States Code; and 
(v) grant programs; and 
(E) new entrant barriers and challenges, in-
cluding— 
(i) accessing secure computing and in-
formation technology infrastructure; and 
(ii) securing clearances for personnel 
and facilities; and 
(2) match technology producers with programs, 
projects, and activities of the Department that may 
have a use for the technology developed by such pro-
ducers, including programs, projects, and activities 
carried out by— 
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(A) program executive officers (as defined 
in section 1737(a)(4)) of title 10, United States 
Code); 
(B) program management offices; 
(C) combatant commands with a command 
acquisition executive; 
(D) Defense Agencies and Department of 
Defense Field Activities (as such terms are de-
fined, respectively, in section 101 of title 10, 
United States Code); and 
(E) such other elements of the Department 
as the Secretary considers appropriate. 
(c) PRIORITY.—In carrying out the activities described 
in subsection (b), a qualified intermediary shall give pri-
ority to technology producers that are small business con-
cerns (as defined under section 3 of the Small Business Act 
(15 U.S.C. 632)), research institutions (as defined in sec-
tion 9(e) of such Act), or institutions of higher education 
(as defined in section 101 of the Higher Education Act of 
1965 (20 U.S.C 1001)). 
(d) TERMS OF AGREEMENTS.— 
(1) IN GENERAL.—The terms of an agreement 
under subsection (a) shall be determined by the Sec-
retary of Defense. 
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(2) METHODS OF SERVICE DELIVERY.—In enter-
ing into agreements under subsection (a), the Sec-
retary may consider, on a case by case basis, whether 
the needs of the Department of Defense and technology 
producers would best be served by a qualified inter-
mediary that provides services in a specific geo-
graphic region, serves a particular technology sector, 
or uses another method of service delivery. 
(3) INCENTIVES.—The Secretary of Defense may 
include terms in an agreement under subsection (a) 
to incentivize a qualified intermediary to successfully 
facilitate the transition of science and technology 
from the research, development, pilot, and prototyping 
phases to full-scale implementation within the De-
partment of Defense. 
(4) LIMITATION ON USE OF FUNDS.—The Sec-
retary of Defense may not use any amounts required 
to be expended under section 9(f)(1) of the Small 
Business Act (15 U.S.C. 638(f)(1)) for any adminis-
trative costs incurred by a qualified intermediary as-
sociated with the pilot program under this section. 
(e) PROTECTION OF PROPRIETARY INFORMATION.— 
The Secretary of Defense shall implement policies and pro-
cedures to protect the intellectual property and any other 
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proprietary information of technology producers that par-
ticipate in the pilot program under this section. 
(f) DATA COLLECTION.— 
(1) PLAN
REQUIRED
BEFORE
IMPLEMENTA-
TION.—The Secretary of Defense may not enter into 
an agreement under subsection (a) until the date on 
which the Secretary— 
(A) completes a plan to for carrying out the 
data collection required under paragraph (2); 
and 
(B) submits the plan to the appropriate 
congressional committees. 
(2) DATA
COLLECTION
REQUIRED.—The Sec-
retary of Defense shall collect and analyze data on the 
pilot program under this section for the purposes of— 
(A) developing and sharing best practices 
for facilitating the transition of science and tech-
nology from the research, development, pilot, and 
prototyping phases to full-scale implementation 
within the Department of Defense; 
(B) providing information to the leadership 
of the Department on the implementation of the 
pilot program and related policy issues; and 
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(C) providing information to the appro-
priate congressional committees as required 
under subsection (g). 
(g) BRIEFING.—Not later than December 31, 2022, the 
Secretary of Defense shall provide to the appropriate con-
gressional committees a briefing on the progress of the Sec-
retary in implementing the pilot program under this sec-
tion and any related policy issues. 
(h) CONSULTATION.—In carrying out the pilot pro-
gram under this section, the Secretary of Defense shall con-
sult with— 
(1) service acquisition executives (as defined in 
section 101 of title 10, United States Code); 
(2) the heads of appropriate Defense Agencies 
and Department of Defense Field Activities; 
(3) procurement technical assistance centers (as 
described in chapter 142 of title 10, United States 
Code); 
(4) the Administrator of Federal Procurement 
Policy; and 
(5) such other individuals and organizations as 
the Secretary determines appropriate. 
(i) TERMINATION.—The pilot program under this sec-
tion shall terminate on the date that is five years after the 
date on which Secretary of Defense enters into the first 
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agreement with a qualified intermediary under subsection 
(a). 
(j) COMPTROLLER GENERAL ASSESSMENT AND RE-
PORT.— 
(1) ASSESSMENT.—The Comptroller General of 
the United States shall conduct an assessment of the 
pilot program under this section. The assessment shall 
include an evaluation of the effectiveness of the pilot 
program with respect to— 
(A) facilitating the transition of science and 
technology from the research, development, pilot, 
and prototyping phases to full-scale implementa-
tion within the Department of Defense; and 
(B) protecting sensitive information shared 
among the Department of Defense, qualified 
intermediaries, and technology producers in the 
course of the pilot program. 
(2) REPORT.—Not later than the date specified 
in paragraph (3), the Comptroller General shall sub-
mit to the appropriate congressional committees a re-
port on the results of the assessment conducted under 
paragraph (1). 
(3) DATE SPECIFIED.—The date specified in this 
paragraph is the earlier of— 
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(A) four years after the date on which the 
Secretary of Defense enters into the first agree-
ment with a qualified intermediary under sub-
section (a): or 
(B) five years after the date of the enact-
ment of this Act. 
(k) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(C) the Committee on Oversight and Reform 
of the House of Representatives. 
(2) The term ‘‘qualified intermediary’’ means a 
nonprofit, for-profit, or State or local government en-
tity that assists, counsels, advises, evaluates, or other-
wise cooperates with technology producers that need 
or can make demonstrably productive use of the serv-
ices provided by the intermediary pursuant to the 
pilot program under this section. 
(3) The term ‘‘technology producer’’ means an 
individual or entity engaged in the research, develop-
ment, production, or distribution of science or tech-
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nology that the Secretary of Defense determines may 
be of use to the Department of Defense. 
SEC. 219. ASSESSMENT AND CORRECTION OF DEFICIENCIES 
IN THE F–35 AIRCRAFT PILOT BREATHING 
SYSTEM. 
(a) TESTING AND EVALUATION REQUIRED.—Begin-
ning not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense, in consultation with 
the Administrator of the National Aeronautics and Space 
Administration, shall commence operational testing and 
evaluation of the F–35 aircraft pilot breathing system (in 
this section referred to as the ‘‘breathing system’’) to— 
(1) determine whether the breathing system com-
plies with Military Standard 3050 (MIL–STD– 
3050), titled ‘‘Aircraft Crew Breathing Systems Using 
On-Board Oxygen Generating System (OBOGS)’’; 
and 
(2) assess the safety and effectiveness of the 
breathing system for all pilots of F–35 aircraft. 
(b) REQUIREMENTS.—The following shall apply to the 
testing and evaluation conducted under subsection (a): 
(1) The pilot, aircraft systems, and operational 
flight environment of the F–35 aircraft shall not be 
assessed in isolation but shall be tested and evaluated 
as integrated parts of the breathing system. 
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(2) The testing and evaluation shall be conducted 
under a broad range of operating conditions, includ-
ing variable weather conditions, low-altitude flight, 
high-altitude flight, during weapons employment, at 
critical phases of flight such as take-off and landing, 
and in other challenging environments and operating 
flight conditions. 
(3) The testing and evaluation shall assess oper-
ational flight environments for the pilot that replicate 
expected conditions and durations for high gravita-
tional force loading, rapid changes in altitude, rapid 
changes in airspeed, and varying degrees of moderate 
gravitational force loading. 
(4) A diverse group of F–35 pilots shall partici-
pate in the testing and evaluation, including— 
(A) pilots who are test-qualified and pilots 
who are not test-qualified 
(B) pilots who vary in gender, physical con-
ditioning, height, weight, and age, and any other 
attributes that the Secretary determines to be ap-
propriate. 
(5) The F–35A, F–35B, and F–35C aircraft in-
volved in the testing and evaluation shall perform op-
erations with operationally representative and real-
istic aircraft configurations. 
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(6) The testing and evaluation shall include as-
sessments of pilot life support gear and relevant 
equipment, including the pilot breathing mask appa-
ratus. 
(7) The testing and evaluation shall include test-
ing data from pilot reports, measurements of breath-
ing pressures and air delivery response timing and 
flow, cabin pressure, air-speed, acceleration, measure-
ments of hysteresis during all phases of flight, meas-
urements of differential pressure between mask and 
cabin altitude, and measurements of spirometry and 
specific oxygen saturation levels of the pilot imme-
diately before and immediately after each flight. 
(8) The analysis of the safety and effectiveness of 
the breathing system shall thoroughly assess any 
physiological effects reported by pilots, including ef-
fects on health, fatigue, cognition, and perception of 
any breathing difficulty. 
(9) The testing and evaluation shall include the 
participation of subject matter experts who have fa-
miliarity and technical expertise regarding design 
and functions of the F–35 aircraft, its propulsion sys-
tem, pilot breathing system, life support equipment, 
human factors, and any other systems or subject mat-
ter the Secretary determines necessary to conduct ef-
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fective testing and evaluation. At a minimum, such 
subject matter experts shall include aerospace physi-
ologists, engineers, flight surgeons, and scientists. 
(10) In carrying out the testing and evaluation, 
the Secretary of Defense may seek technical support 
and subject matter expertise from the Naval Air Sys-
tems Command, the Air Force Research Laboratory, 
the Office of Naval Research, the National Aero-
nautics and Space Administration, and any other or-
ganization or element of the Department of Defense or 
the National Aeronautics and Space Administration 
that the Secretary, in consultation with the Adminis-
trator of the National Aeronautics and Space Admin-
istration, determines appropriate to support the test-
ing and evaluation. 
(c) CORRECTIVE ACTIONS.—Not later than 90 days 
after the submittal of the final report under subsection (e), 
the Secretary of Defense shall take such actions as are nec-
essary to correct all deficiencies, shortfalls, and gaps in the 
breathing system that were discovered or reported as a re-
sult of the testing and evaluation under subsection (a). 
(d) PRELIMINARY REPORT.—Not later than one year 
after the commencement of the testing and evaluation under 
subsection (a), the Secretary of Defense shall submit to the 
congressional defense committees a preliminary report, 
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based on the initial results of such testing and evaluation, 
that includes findings, recommendations, and potential cor-
rective actions to address deficiencies in the breathing sys-
tem. 
(e) FINAL REPORT.—Not later than two years after the 
commencement of the testing and evaluation under sub-
section (a), the Secretary of Defense shall submit to the con-
gressional defense committees a final report that includes, 
based on the final results of such testing and evaluation— 
(1) findings and recommendations with respect 
to the breathing system; and 
(2) a description of the specific actions the Sec-
retary will carry out to correct deficiencies in the 
breathing system, as required under subsection (c). 
(f) INDEPENDENT REVIEW OF FINAL REPORT.— 
(1) IN GENERAL.—The Secretary of Defense, in 
consultation with the Administrator of the National 
Aeronautics and Space Administration, shall seek to 
enter into an agreement with a federally funded re-
search and development center with relevant expertise 
to conduct an independent sufficiency review of the 
final report submitted under subsection (e). 
(2) REPORT
TO
SECRETARY.—Not later than 
seven months after the date on which the Secretary of 
Defense enters into an agreement with a federally 
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funded research and development center under para-
graph (1), the center shall submit to the Secretary a 
report on the results of the review conducted under 
such paragraph. 
(3) REPORT TO CONGRESS.—Not later than 30 
days after the date on which the Secretary of Defense 
receives the report under paragraph (2), the Secretary 
shall submit the report to the congressional defense 
committees. 
SEC. 220. IDENTIFICATION OF THE HYPERSONICS FACILI-
TIES AND CAPABILITIES OF THE MAJOR 
RANGE AND TEST FACILITY BASE. 
(a) IDENTIFICATION REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall— 
(1) identify each facility and capability of the 
Major Range and Test Facility Base that is pri-
marily concerned with the ground-based simulation of 
hypersonic atmospheric flight conditions and the test 
and evaluation of hypersonic technology in open air 
flight; and 
(2) identify such facilities and capabilities that 
the Secretary would propose to designate, collectively, 
as the ‘‘Hypersonics Facility Base’’. 
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(b) MAJOR RANGE AND TEST FACILITY BASE.—In this 
section, the term ‘‘Major Range and Test Facility Base’’ 
has the meaning given that term in section 196(i) of title 
10, United States Code. 
SEC. 221. REQUIREMENT TO MAINTAIN ACCESS TO CAT-
EGORY 3 SUBTERRANEAN TRAINING FACIL-
ITY. 
(a) REQUIREMENT TO MAINTAIN ACCESS.—The Sec-
retary of Defense shall ensure that the Department of De-
fense maintains access to a covered category 3 subterranean 
training facility on a continuing basis. 
(b) AUTHORITY TO ENTER INTO LEASE.—The Sec-
retary of Defense is authorized to enter into a short-term 
lease with a provider of a covered category 3 subterranean 
training facility for purposes of compliance with subsection 
(a). 
(c) COVERED CATEGORY 3 SUBTERRANEAN TRAINING 
FACILITY DEFINED.—In this section, the term ‘‘covered cat-
egory 3 subterranean training facility’’ means a category 
3 subterranean training facility that is— 
(1) operational as of the date of the enactment 
of this Act; and 
(2) deemed safe for use as of such date. 
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SEC. 222. PROHIBITION ON REDUCTION OF NAVAL AVIA-
TION TESTING AND EVALUATION CAPACITY. 
(a) PROHIBITION.—During the period beginning on 
the date of the enactment of this Act and ending on October 
1, 2022, the Secretary of the Navy may not take any action 
that would reduce, below the levels authorized and in effect 
on October 1, 2020, any of the following: 
(1) The aviation-related operational testing and 
evaluation capacity of the Department of the Navy. 
(2) The billets assigned to support such capacity. 
(3) The aviation force structure, aviation inven-
tory, or quantity of aircraft assigned to support such 
capacity, including rotorcraft and fixed-wing air-
craft. 
(b) REPORT REQUIRED.—Not later than June 30, 
2022, the Director of Operational Test and Evaluation shall 
submit to the congressional defense committees a report that 
assesses each of the following as of the date of the report: 
(1) The design and effectiveness of the testing 
and evaluation infrastructure and capacity of the De-
partment of the Navy, including an assessment of 
whether such infrastructure and capacity is sufficient 
to carry out the acquisition and sustainment testing 
required for the aviation-related programs of the De-
partment of Defense and the naval aviation-related 
programs of the Department of the Navy 
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(2) The plans of the Secretary of the Navy to re-
duce the testing and evaluation capacity and infra-
structure of the Navy with respect to naval aviation 
in fiscal year 2022 and subsequent fiscal years, as 
specified in the budget of the President submitted to 
Congress on May 28, 2021. 
(3) The technical, fiscal, and programmatic 
issues and risks associated with the plans of the Sec-
retary of the Navy to delegate and task operational 
naval aviation units and organizations to efficiently 
and effectively execute testing and evaluation master 
plans for various aviation-related programs and 
projects of the Department of the Navy. 
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR 
CERTAIN C–130 AIRCRAFT. 
None of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2022 for the 
Navy may be obligated or expended to procure a C–130 air-
craft for testing and evaluation as a potential replacement 
for the E–6B aircraft until the date on which the Secretary 
of the Navy submits to the congressional defense committees 
a report that includes the following information: 
(1) The unit cost of each such C–130 test air-
craft. 
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(2) The life cycle sustainment plan for such C– 
130 aircraft. 
(3) A statement indicating whether such C–130 
aircraft will be procured using multiyear contracting 
authority under section 2306b of title 10, United 
States Code. 
(4) The total amount of funds needed to complete 
the procurement of such C–130 aircraft. 
SEC. 224. LIMITATION ON AVAILABILITY OF FUNDS FOR VC– 
25B AIRCRAFT PROGRAM PENDING SUBMIS-
SION OF DOCUMENTATION. 
(a) DOCUMENTATION REQUIRED.—The Secretary of 
the Air Force shall submit to the congressional defense com-
mittees an integrated master schedule for the VC–25B presi-
dential aircraft recapitalization program of the Air Force. 
(b) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2022 for the Air Force for the VC–25B aircraft, not 
more than 50 percent may be obligated or expended until 
the date on which the Secretary of the Air Force submits 
to the congressional defense committees the documentation 
required under subsection (a). 
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Subtitle C—Plans, Reports, and 
Other Matters 
SEC. 231. MODIFICATION TO ANNUAL REPORT OF THE DI-
RECTOR OF OPERATIONAL TEST AND EVAL-
UATION. 
Section 139(h)(2) of title 10, United States Code, is 
amended by striking ‘‘, through January 31, 2026’’. 
SEC. 232. ADAPTIVE ENGINE TRANSITION PROGRAM ACQUI-
SITION STRATEGY FOR THE F–35A AIRCRAFT. 
(a) IN GENERAL.—Not later than 14 days after the 
date on which the budget of the President for fiscal year 
2023 is submitted to Congress pursuant to section 1105 of 
title 31, United States Code, the Under Secretary of Defense 
for Acquisition and Sustainment shall submit to the con-
gressional defense committees a report on the integration 
of the Adaptive Engine Transition Program propulsion sys-
tem into the F–35A aircraft. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following: 
(1) A competitive acquisition strategy, informed 
by fiscal considerations, to— 
(A) integrate the Adaptive Engine Transi-
tion Program propulsion system into the F–35A 
aircraft; and 
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(B) begin, in fiscal year 2027, activities to 
retrofit all F–35A aircraft with such propulsion 
system. 
(2) An implementation plan to implement such 
strategy. 
(3) A schedule annotating pertinent milestones 
and yearly fiscal resource requirements for the imple-
mentation of such strategy. 
SEC. 233. ADVANCED PROPULSION SYSTEM ACQUISITION 
STRATEGY FOR THE F–35B AND F–35C AIR-
CRAFT. 
(a) IN GENERAL.—Not later than 14 days after the 
date on which the budget of the President for fiscal year 
2023 is submitted to Congress pursuant to section 1105 of 
title 31, United States Code, the Secretary of the Navy, in 
consultation with the Under Secretary of Defense for Acqui-
sition and Sustainment, shall submit to the congressional 
defense committees a report on the integration of the Adapt-
ive Engine Transition Program (referred to in this section 
as ‘‘AETP’’) propulsion system or other advanced propul-
sion system into F–35B and F–35C aircraft. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following: 
(1) An analysis of the impact on combat effec-
tiveness and sustainment cost from increased thrust, 
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fuel efficiency, and thermal capacity for each variant 
of the F–35, to include the improvements on accelera-
tion, speed, range, and overall mission effectiveness, of 
each advanced propulsion system. 
(2) An assessment in the reduction on the de-
pendency on support assets, to include air refueling 
and replenishment tankers, and the overall cost bene-
fits to the Department from reduced acquisition and 
sustainment of such support assets, from the integra-
tion of each advanced propulsion system. 
(3) A competitive acquisition strategy, informed 
by fiscal considerations, the assessment on combat ef-
fectiveness, and technical limitations, to— 
(A) integrate an advanced propulsion sys-
tem into the F–35B aircraft and integrate an 
advanced propulsion system into the F–35C air-
craft; and 
(B) begin, in a fiscal year as determined by 
a cost benefit analysis, activities to produce all 
F–35B aircraft and all F–35C aircraft with 
such propulsion systems; and 
(C) begin, in a fiscal year and quantity as 
determined by a cost benefit analysis, activities 
to retrofit F–35B aircraft and F–35C aircraft 
with such propulsion systems. 
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(4) An implementation plan to implement the 
strategy described in paragraph (3). 
(5) A schedule annotating pertinent milestones 
and yearly fiscal resource requirements for the imple-
mentation of such strategy. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘variant of the F-35’’ means: 
(A) the F–35B; and 
(B) the F–35C. 
(2) The term ‘‘advanced propulsion system’’ 
means: 
(A) the Adaptive Engine Transition Pro-
gram propulsion system; or 
(B) a derivative of a propulsion system de-
veloped for the F–35. 
SEC. 234. ASSESSMENT AND REPORT ON AIRBORNE ELEC-
TRONIC ATTACK CAPABILITIES AND CAPAC-
ITY. 
(a) ASSESSMENT.—The Secretary of the Air Force 
shall conduct an assessment of— 
(1) the status of the airborne electronic attack ca-
pabilities and capacity of the Air Force; and 
(2) the feasibility and advisability of adapting 
the ALQ–249 Next Generation Jammer for use on Air 
Force tactical aircraft, including an analysis of— 
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101 
(A) the suitability of the jammer for use on 
such aircraft; and 
(B) the compatibility of the jammer with 
such aircraft; and 
(C) identification of any unique hardware, 
software, or interface modifications that may be 
required to integrate the jammer with such air-
craft. 
(b) REPORT.—Not later than February 15, 2022, the 
Secretary of the Air Force shall submit to the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives a report on the results of the assessment con-
ducted under subsection (a). 
SEC. 235. STRATEGY FOR AUTONOMY INTEGRATION IN 
MAJOR WEAPON SYSTEMS. 
(a) STRATEGY REQUIRED.—Not later than one year 
after the date of the enactment of this Act the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a strategy 
to resource and integrate, to the maximum extent possible, 
autonomy software that enables full operational capability 
in high threat, communications and GPS-denied environ-
ments into major weapons systems of the Department of De-
fense by fiscal year 2025. 
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102 
(b) ELEMENTS.—The strategy required under sub-
section (a) shall include— 
(1) a list of weapon systems and programs, to be 
selected by the Secretary of Defense, which can be in-
tegrated with autonomy software as described in sub-
section (a) by fiscal year 2025; 
(2) timelines for autonomy software integration 
into the weapon systems and programs as identified 
under paragraph (1); 
(3) funding requirements related to the develop-
ment, acquisition, and testing of autonomy software; 
(4) plans to leverage commercially-available ar-
tificial intelligence software, universal common con-
trol software, and autonomy software and related self- 
driving or self-piloting technologies, where appro-
priate; and 
(5) plans to include autonomy software, artifi-
cial intelligence, and universal common control. 
(c) CONSULTATION.—The Secretary shall develop the 
strategy required under subsection (a) in consultation 
with— 
(1) the Under Secretary of Defense for Research 
and Engineering; 
(2) the Secretaries of the military departments; 
and 
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103 
(3) such other organizations and elements of the 
Department of Defense as the Secretary determines 
appropriate. 
(d) REPORT.— 
(1) IN GENERAL.—Not later than one year after 
the date on which the strategy required under sub-
section (a) is submitted to the Committees on Armed 
Services of the Senate and House of Representatives, 
and not later than October 1 of each of the five years 
thereafter, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and 
House of Representatives a report that describes the 
status of the implementation of the strategy. 
(2) CONTENTS.—The report required under 
paragraph (1) shall— 
(A) identify any substantial changes made 
in the strategy during the preceding calendar 
year; and 
(B) describe the progress made in imple-
menting the strategy. 
(e) FORM.—The strategy required under subsection (a) 
and the report required under subsection (d) shall be sub-
mitted in unclassified form but may contain a classified 
annex. 
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104 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2022 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, as specified in the funding table in section 4301. 
Subtitle B—Energy and 
Environment 
SEC. 311. INCLUSION OF IMPACTS ON MILITARY INSTALLA-
TION RESILIENCE IN THE NATIONAL DE-
FENSE STRATEGY AND ASSOCIATED DOCU-
MENTS. 
(a) NATIONAL DEFENSE STRATEGY
AND DEFENSE 
PLANNING GUIDANCE.—Section 113(g) of title 10, United 
States Code, is amended— 
(1) in paragraph (1)(B)— 
(A) in clause (ii), by striking ‘‘actors,’’ and 
inserting ‘‘actors, and the current or projected 
threats to military installation resilience,’’ and 
(B) by inserting after clause (ix), the fol-
lowing new clause: 
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‘‘(x) Strategic goals to address or miti-
gate the current and projected risks to mili-
tary installation resilience.’’. 
(2) in paragraph (2)(A), in the matter preceding 
clause (i), by striking ‘‘priorities,’’ and inserting 
‘‘priorities, including priorities relating to the cur-
rent or projected risks to military installation resil-
ience,’’. 
(b) NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS 
REVIEW.— 
(1) IN GENERAL.—The first section 118a of such 
title is amended— 
(A) in subsection (a), by striking ‘‘capabili-
ties,’’ and inserting ‘‘capabilities, response to 
risks to military installation resilience,’’; 
(B) by redesignating such section, as 
amended by subparagraph (A), as section 118b; 
and 
(C) by moving such section so as to appear 
after section 118a. 
(2) CLERICAL AND CONFORMING AMENDMENTS.— 
(A) CLERICAL AMENDMENTS.—The table of 
sections for chapter 2 of such title is amended— 
(i) by striking the first item relating to 
section 118a; and 
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106 
(ii) by inserting after the item relating 
to section 118a the following new item: 
‘‘118b. National Defense Sustainment and Logistics Review.’’. 
(B) 
CONFORMING
AMENDMENT.—Section 
314(c) of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 
2021 (Public Law 116–283) is amended by strik-
ing ‘‘section 118a’’ and inserting ‘‘section 118b’’. 
(c) 
CHAIRMAN’S
RISK
ASSESSMENT.—Section 
153(b)(2)(B) of title 10, United States Code, is amended 
by inserting after clause (vi) the following new clause: 
‘‘(vii) Identify and assess risk resulting 
from, or likely to result from, current or pro-
jected effects on military installation resilience.’’. 
(d) STRATEGIC DECISIONS RELATING TO MILITARY 
INSTALLATIONS.—The Secretary of each military depart-
ment, with respect to any installation under the jurisdic-
tion of that Secretary, and the Secretary of Defense, with 
respect to any installation of the Department of Defense 
that is not under the jurisdiction of the Secretary of a mili-
tary department, shall consider the risks associated with 
military installation resilience when making any strategic 
decision relating to such installation, including where to 
locate such installation and where to position equipment, 
infrastructure, and other military assets on such installa-
tion. 
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107 
(e) NATIONAL DEFENSE STRATEGY
AND NATIONAL 
MILITARY STRATEGY.—The Secretary of Defense, in coordi-
nation with the heads of such other Federal agencies as the 
Secretary determines appropriate, shall incorporate the se-
curity implications of military installation resilience into 
the National Defense Strategy and the National Military 
Strategy. 
(f) NATIONAL SECURITY PLANNING DOCUMENTS.—The 
Secretary of Defense and the Chairman of the Joint Chiefs 
of Staff shall consider the security implications associated 
with military installation resilience in developing the De-
fense Planning Guidance under section 113(g)(2) of title 10, 
United States Code, the Risk Assessment of the Chairman 
of the Joint Chiefs of Staff under section 153(b)(2) of such 
title, and other relevant strategy, planning, and program-
ming documents and processes. 
(g) CAMPAIGN PLANS OF COMBATANT COMMANDS.— 
The Secretary of Defense shall ensure that the national secu-
rity implications associated with military installation re-
silience are integrated into the campaign plans of the com-
batant commands. 
(h) REPORT ON SECURITY IMPLICATIONS ASSOCIATED 
WITH MILITARY INSTALLATION RESILIENCE.— 
(1) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of De-
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108 
fense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a 
report describing how the aspects of military installa-
tion resilience have been incorporated into modeling, 
simulation, war-gaming, and other analyses by the 
Department of Defense. 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
(i) ANNUAL REPORT ON READINESS IMPACTS OF MILI-
TARY INSTALLATION RESILIENCE
ON MILITARY ASSETS 
AND CAPABILITIES.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, and annually 
thereafter, the Secretary of Defense shall submit to the 
congressional defense committees a report containing 
information (disaggregated by military department) 
as follows: 
(A) A description of the effects on military 
readiness, and an estimate of the financial costs 
to the Department of Defense, reasonably attrib-
uted to adverse impacts to military installation 
resilience during the year preceding the submis-
sion of the report, including loss of or damage to 
military networks, systems, installations, facili-
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109 
ties, and other assets and capabilities of the De-
partment; and 
(B) An assessment of vulnerabilities to mili-
tary installation resilience. 
(2) USE OF ASSESSMENT TOOL.—The Secretary 
shall use the Climate Vulnerability and Risk Assess-
ment Tool of the Department (or such successor tool) 
in preparing each report under paragraph (1). 
(j) DEFINITIONS.—In this section: 
(1) The term ‘‘military installation resilience’’ 
has the meaning given that term in section 101(e) of 
title 10, United States Code. 
(2) The term ‘‘National Defense Strategy’’ means 
the national defense strategy under section 113(g)(1) 
of such title. 
(3) The term ‘‘National Military Strategy’’ 
means the national military strategy under section 
153(b) of such title. 
SEC. 312. MODIFICATION OF AUTHORITIES GOVERNING 
CULTURAL AND CONSERVATION ACTIVITIES 
OF THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Section 2694 of title 10, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
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(i) in subparagraph (A), by inserting 
‘‘or Sentinel Landscape’’ after ‘‘military de-
partment’’; and 
(ii) in subparagraph (B), by inserting 
‘‘or that would contribute to maintaining or 
improving military installation resilience’’ 
after ‘‘military operations’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘or nature-based climate resilience plans’’ 
after ‘‘land management plans’’; and 
(ii) by amending subparagraph (F) to 
read as follows: 
‘‘(F) The implementation of ecosystem-wide land 
management plans— 
‘‘(i) for a single ecosystem that— 
‘‘(I) encompasses at least two non-con-
tiguous military installations, if those mili-
tary installations are not all under the ad-
ministrative jurisdiction of the same Sec-
retary of a military department; and 
‘‘(II) provides synergistic benefits un-
available if the installations acted sepa-
rately; or 
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‘‘(ii) for one or more ecosystems within a 
designated Sentinel Landscape.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) DEFINITION OF SENTINEL LANDSCAPE.—In this 
section, the term ‘Sentinel Landscape’ means a landscape- 
scale area encompassing— 
‘‘(1) one or more military installations or State- 
owned National Guard installations and associated 
airspace; and 
‘‘(2) the working or natural lands that serve to 
protect and support the rural economy, the natural 
environment, outdoor recreation, and the national de-
fense test and training missions of the military or 
State-owned National Guard installation or installa-
tions.’’. 
(b) PRESERVATION OF SENTINEL LANDSCAPES.—Sec-
tion 317 of the National Defense Authorization Act for Fis-
cal Year 2018 (10 U.S.C. 2684a note) is amended— 
(1) in subsection (c)— 
(A) by inserting ‘‘resilience,’’ after ‘‘mutual 
benefit of conservation,’’; 
(B) by inserting ‘‘, resilience,’’ after ‘‘vol-
untary land management’’; and 
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(C) by adding at the end the following new 
sentence: ‘‘The Secretary of Defense shall include 
information concerning the activities taken pur-
suant to the Sentinel Landscapes Partnership in 
the annual report to Congress submitted pursu-
ant to section 2684a(g) of title 10, United States 
Code.’’; 
(2) in subsection (d), in the second sentence, by 
inserting ‘‘by an eligible landowner or agricultural 
producer’’ after ‘‘Participation’’; 
(3) by redesignating subsection (e) as subsection 
(f); 
(4) by inserting after subsection (d) the following 
new subsection (e): 
‘‘(e) PARTICIPATION BY OTHER AGENCIES.—To the ex-
tent practicable, the Secretary of Defense shall seek the par-
ticipation of other Federal agencies in the Sentinel Land-
scape Partnership and encourage such agencies to become 
full partners in the Partnership.’’; and 
(5) in subsection (f), by adding at the end the 
following new paragraph: 
‘‘(4) RESILIENCE.—The term ‘resilience’ means 
the capability to avoid, prepare for, minimize the ef-
fect of, adapt to, and recover from extreme weather 
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events, flooding, wildfires, or other anticipated or un-
anticipated changes in environmental conditions.’’. 
SEC. 313. MODIFICATION OF AUTHORITY FOR ENVIRON-
MENTAL RESTORATION PROJECTS OF NA-
TIONAL GUARD. 
Section 2707(e)(1) of title 10, United States Code, is 
amended by striking ‘‘in response to perfluorooctanoic acid 
or perfluorooctane sulfonate contamination under this 
chapter or CERCLA’’. 
SEC. 314. PROHIBITION ON USE OF OPEN-AIR BURN PITS IN 
CONTINGENCY OPERATIONS OUTSIDE THE 
UNITED STATES. 
(a) IN GENERAL.—Chapter 160 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2714. Prohibition on use of open-air burn pits 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), beginning on January 1, 2023, the disposal of covered 
waste by the Department of Defense in an open-air burn 
pit located outside of the United States during a contin-
gency operation is prohibited. 
‘‘(b) WAIVER.—The President may exempt a location 
from the prohibition under subsection (a) if the President 
determines such an exemption is in the paramount interest 
of the United States. 
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‘‘(c) REPORT.—(1) Not later than 30 days after grant-
ing an exemption under subsection (b) with respect to the 
use of an open-air burn pit at a location, the President 
shall submit to Congress a written report that identifies— 
‘‘(A) the location of the open-air burn pit; 
‘‘(B) the number of personnel of the United 
States assigned to the location where the open-air 
burn pit is being used; 
‘‘(C) the size and expected duration of use of the 
open-air burn pit; 
‘‘(D) the personal protective equipment or other 
health risk mitigation efforts that will be used by 
members of the armed forces when airborne hazards 
are present, including how such equipment will be 
provided when required; and 
‘‘(E) the need for the open-air burn pit and ra-
tionale for granting the exemption. 
‘‘(2) A report submitted under paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex. 
‘‘(d) DEFINITION OF COVERED WASTE.—In this sec-
tion, the term ‘covered waste’ includes— 
‘‘(1) hazardous waste, as defined by section 
1004(5) of the Solid Waste Disposal Act (42 U.S.C. 
6903(5)); 
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‘‘(2) medical waste; 
‘‘(3) tires; 
‘‘(4) treated wood; 
‘‘(5) batteries; 
‘‘(6) plastics, except insignificant amounts of 
plastic remaining after a good-faith effort to remove 
or recover plastic materials from the solid waste 
stream; 
‘‘(7) munitions and explosives, except when dis-
posed of in compliance with guidance on the destruc-
tion of munitions and explosives contained in the De-
partment of Defense Ammunition and Explosives 
Safety Standards, DoD Manual 6055.09-M; 
‘‘(8) compressed gas cylinders, unless empty with 
valves removed; 
‘‘(9) fuel containers, unless completely evacuated 
of its contents; 
‘‘(10) aerosol cans; 
‘‘(11) polychlorinated biphenyls; 
‘‘(12) petroleum, oils, and lubricants products 
(other than waste fuel for initial combustion); 
‘‘(13) asbestos; 
‘‘(14) mercury; 
‘‘(15) foam tent material; 
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‘‘(16) any item containing any of the materials 
referred to in a preceding paragraph; and 
‘‘(17) other waste as designated by the Sec-
retary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘2714. Prohibition on use of open-air burn pits.’’. 
(c) CONFORMING
REPEAL.—Effective January 1, 
2023, section 317 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 
note) is repealed. 
SEC. 315. MAINTENANCE OF CURRENT ANALYTICAL TOOLS 
FOR EVALUATION OF ENERGY RESILIENCE 
MEASURES. 
(a) IN GENERAL.—Section 2911 of title 10, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(i) ANALYTICAL TOOLS FOR EVALUATION OF ENERGY 
RESILIENCE MEASURES.—(1) The Secretary of Defense 
shall develop and implement a process to ensure that the 
Department of Defense, in the evaluation of energy resil-
ience measures on military installations, uses analytical 
tools that are accurate and effective in projecting the costs 
and performance of such measures. 
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‘‘(2) Analytical tools specified in paragraph (1) shall 
be— 
‘‘(A) designed to— 
‘‘(i) provide an accurate projection of the 
costs and performance of the energy resilience 
measure being analyzed; 
‘‘(ii) be used without specialized training; 
and 
‘‘(iii) produce resulting data that is under-
standable and usable by the typical source selec-
tion official; 
‘‘(B) consistent with standards and analytical 
tools commonly applied by the Department of Energy 
and by commercial industry; 
‘‘(C) adaptable to accommodate a rapidly chang-
ing technological environment; 
‘‘(D) peer-reviewed for quality and precision and 
measured against the highest level of development for 
such tools; and 
‘‘(E) periodically reviewed and updated, but not 
less frequently than once every three years.’’. 
(b) REPORT.—Not later than September 30, 2022, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the House of Representatives and the 
Senate a report on the implementation of the requirements 
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under section 2911(i) of title 10, United States Code, as 
added by subsection (a). 
SEC. 316. ENERGY EFFICIENCY TARGETS FOR DEPARTMENT 
OF DEFENSE DATA CENTERS. 
(a) ENERGY EFFICIENCY TARGETS FOR DATA CEN-
TERS.— 
(1) IN GENERAL.—Subchapter I of chapter 173 
of title 10, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 2921. Energy efficiency targets for data centers 
‘‘(a) COVERED DATA CENTERS.—(1) For each covered 
data center, the Secretary shall— 
‘‘(A) develop a power usage effectiveness target 
for the data center, based on location, resiliency, in-
dustry standards, and best practices; 
‘‘(B) develop a water usage effectiveness target 
for the data center, based on location, resiliency, in-
dustry standards, and best practices; 
‘‘(C) develop other energy efficiency or water 
usage targets for the data center based on industry 
standards and best practices, as applicable to meet 
energy efficiency and resiliency goals; 
‘‘(D) identify potential renewable or clean energy 
resources to enhance resiliency at the data center, in-
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cluding potential renewable or clean energy purchase 
targets based on the location of the data center; and 
‘‘(E) identify any statutory, regulatory, or pol-
icy barriers to meeting any target under any of sub-
paragraphs (A) through (C). 
‘‘(2) In this subsection, the term ‘covered data center’ 
means a data center of the Department that— 
‘‘(A) is one of the 50 data centers of the Depart-
ment with the highest annual power usage rates; and 
‘‘(B) has been established before the date of the 
enactment of this section. 
‘‘(b) NEW DATA CENTERS.—(1) Except as provided in 
paragraph (2), in the case of any Department data center 
established on or after the date of the enactment of this sec-
tion, the Secretary shall establish energy, water usage, and 
resiliency-related standards that the data center shall be re-
quired to meet based on location, resiliency, industry stand-
ards, and best practices. Such standards shall include— 
‘‘(A) power usage effectiveness standards; 
‘‘(B) water usage effectiveness standards; and 
‘‘(C) any other energy or resiliency standards the 
Secretary determines are appropriate. 
‘‘(2) The Secretary may waive the requirement for a 
Department data center established on or after the date of 
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the enactment of this section to meet the standards estab-
lished under paragraph (1) if the Secretary— 
‘‘(A) determines that such waiver is in the na-
tional security interest of the United States; and 
‘‘(B) submits to the Committee on Armed Serv-
ices of the House of Representatives notice of such 
waiver and the reasons for such waiver.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amended 
by inserting after the item relating to section 2920 the 
following new item: 
‘‘2921. Energy efficiency targets for data centers.’’. 
(b) INVENTORY OF DATA FACILITIES.— 
(1) INVENTORY REQUIRED.—By not later than 
180 days after the date of the enactment of this Act, 
the Secretary of Defense shall conduct an inventory of 
all data centers owned or operated by the Department 
of Defense. Such survey shall include the following: 
(A) A list of data centers owned or operated 
by the Department of Defense. 
(B) For each such data center, the earlier of 
the following dates: 
(i) The date on which the data center 
was established. 
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(ii) The date of the most recent capital 
investment in new power, cooling, or com-
pute infrastructure at the data center. 
(C) The total average annual power use, in 
kilowatts, for each such data center. 
(D) The number of data centers that meas-
ure power usage effectiveness (hereinafter in this 
section referred to as ‘‘PUE’’) and for each such 
data center, the PUE for the center. 
(E) The number of data centers that meas-
ure water usage effectiveness (hereinafter in this 
section ‘‘WUE’’) and, for each such data center, 
the WUE for the center. 
(F) A description of any other existing en-
ergy efficiency or efficient water usage metrics 
used by any data center and the applicable 
measurements for any such center. 
(G) An assessment of the facility resiliency 
of each data center, including redundant power 
and cooling facility infrastructure. 
(H) Any other matters the Secretary deter-
mines are relevant. 
(2) DATA CENTER DEFINED.—In this section, the 
term ‘‘data center’’ has the meaning given such term 
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in the most recent Integrated Data Collection guid-
ance of the Office of Management and Budget. 
(c) REPORT.—Not later than 180 days after the com-
pletion of the inventory required under subsection (b), the 
Secretary of Defense shall submit to the Committee on 
Armed Services of the House of Representatives a report on 
the inventory and the energy assessment targets under sec-
tion 2921(a) of title 10, United States Code, as added by 
subsection (a). Such report shall include each of the fol-
lowing: 
(1) A timeline of necessary actions required to 
meet the energy assessment targets for covered data 
centers. 
(2) The estimated costs associated with meeting 
such targets. 
(3) An assessment of the business case for meet-
ing such targets, including any estimated savings in 
operational energy and water costs and estimated re-
duction in energy and water usage if the targets are 
met. 
(4) An analysis of any statutory, regulatory, or 
policy barriers to meeting such targets identified pur-
suant to section 2921(a)(E) of title 10, United States 
Code, as added by subsection (a). 
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SEC. 317. MODIFICATION OF RESTRICTION ON DEPART-
MENT OF DEFENSE PROCUREMENT OF CER-
TAIN 
ITEMS 
CONTAINING 
PERFLUOROOCTANE 
SULFONATE 
OR 
PERFLUOROOCTANOIC ACID. 
Section 333 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 (Pub-
lic Law 116–283) is amended— 
(1) in the section heading— 
(A) by inserting ‘‘OR PURCHASE’’ after 
‘‘PROCUREMENT’’; and 
(B) by striking ‘‘PERFLUOROOCTANE 
SULFONATE
OR
PERFLUOROOCTANOIC 
ACID’’ 
and 
inserting 
‘‘PERFLUOROALKYL 
SUBSTANCES OR POLYFLUOROALKYL SUB-
STANCES’’; 
(2) 
in 
subsection 
(a), 
by 
striking 
‘‘perfluorooctane 
sulfonate 
(PFOS) 
or 
perfluorooctanoic acid (PFOA)’’ and inserting ‘‘any 
perfluoroalkyl substance or polyfluoroalkyl substance’’; 
and 
(3) by striking subsection (b) and inserting the 
following new subsection (b): 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered item’ means— 
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‘‘(A) nonstick cookware or cooking utensils 
for use in galleys or dining facilities; 
‘‘(B) upholstered furniture, carpets, and 
rugs that have been treated with stain-resistant 
coatings; 
‘‘(C) food packaging materials; 
‘‘(D) furniture or floor waxes; 
‘‘(E) sunscreen; 
‘‘(F) umbrellas, luggage, or bags; 
‘‘(G) car wax and car window treatments; 
‘‘(H) cleaning products; and 
‘‘(I) shoes and clothing for which treatment 
with 
a 
perfluoroalkyl 
substance 
or 
polyfluoroalkyl substance is not necessary for an 
essential function. 
‘‘(2) The term ‘perfluoroalkyl substance’ means a 
man-made chemical of which all of the carbon atoms 
are fully fluorinated carbon atoms. 
‘‘(3) The term ‘polyfluoroalkyl substance’ means 
a man-made chemical containing at least one fully 
fluorinated 
carbon 
atom 
and 
at 
least 
one 
nonfluorinated carbon atom.’’. 
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SEC. 318. TEMPORARY MORATORIUM ON INCINERATION BY 
DEPARTMENT 
OF 
DEFENSE 
OF 
PERFLUOROALKYL 
SUBSTANCES, 
POLYFLUOROALKYL SUBSTANCES, AND AQUE-
OUS FILM FORMING FOAM. 
(a) TEMPORARY MORATORIUM.—Beginning not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall prohibit the incineration of 
covered materials until the earlier of the following: 
(1) The date on which the Secretary submits to 
Committees on Armed Services of the House of Rep-
resentatives and the Senate a certification that the 
Secretary is implementing the interim guidance on 
the destruction and disposal of PFAS and materials 
containing PFAS published by the Administrator of 
the Environmental Protection Agency under section 
7361 of the National Defense Authorization Act for 
Fiscal Year 2020 (15 U.S.C. 8961). 
(2) The date on which the Administrator of the 
Environmental Protection Agency publishes in the 
Federal Register a final rule regarding the destruc-
tion and disposal of such materials pursuant to such 
section. 
(b) REQUIRED ADOPTION
OF FINAL RULE.—Upon 
publication of the final rule specified in subsection (a)(2), 
the Secretary shall adopt such final rule, regardless of 
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whether the Secretary previously implemented the interim 
guidance specified in subsection (a)(1). 
(c) REPORT.—Not later than one year after the date 
on which the Administrator of the Environmental Protec-
tion Agency publishes the final rule specified in subsection 
(a)(2), and annually thereafter for three years, the Sec-
retary shall submit to the Administrator a report on all 
incineration by the Department of Defense of covered mate-
rials during the year covered by the report, including— 
(1) the total amount of covered materials incin-
erated; 
(2) the temperature range at which the covered 
materials were incinerated; and 
(3) the locations and facilities where the covered 
materials were incinerated. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘AFFF’’ means aqueous film form-
ing foam. 
(2) The term ‘‘covered material’’ means any leg-
acy AFFF formulation containing PFAS, material 
contaminated by AFFF release, or spent filter or 
other PFAS-contaminated material resulting from 
site remediation or water filtration that— 
(A) has been used by the Department of De-
fense or a military department; 
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(B) is being discarded for disposal by the 
Department of Defense or a military depart-
ment; or 
(C) is being removed from sites or facilities 
owned or operated by the Department of Defense. 
(3) 
The 
term 
‘‘PFAS’’ 
means 
per- 
or 
polyfluoroalkyl substances. 
SEC. 319. PUBLIC DISCLOSURE OF RESULTS OF DEPART-
MENT OF DEFENSE TESTING OF WATER FOR 
PERFLUOROALKYL 
OR 
POLYFLUOROALKYL 
SUBSTANCES. 
(a) PUBLIC DISCLOSURE
OF PFAS TESTING
OF 
WATER.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 10 days after the receipt of 
a validated result of testing water for perfluoroalkyl 
or polyfluoroalkyl substances (commonly referred to 
as ‘‘PFAS’’) in a covered area, the Secretary of De-
fense shall publicly disclose such validated result, in-
cluding— 
(A) the results of all such testing conducted 
in the covered area by the Department of De-
fense; and 
(B) the results of all such testing conducted 
in the covered area by a non-Department entity 
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(including any Federal agency and any public 
or private entity) under a contract, or pursuant 
to an agreement, with the Department of De-
fense. 
(2) CONSENT BY PRIVATE PROPERTY OWNERS.— 
The Secretary of Defense may not publicly disclose 
the 
results 
of 
testing 
for 
perfluoroalkyl 
or 
polyfluoroalkyl substances conducted on private prop-
erty without the consent of the property owner. 
(b) PUBLIC DISCLOSURE OF PLANNED PFAS TESTING 
OF WATER.—Not later than 180 days after the date of the 
enactment of the Act, and every 90 days thereafter, the Sec-
retary of Defense shall publicly disclose the anticipated 
timeline for, and general location of, any planned testing 
for perfluoroalkyl or polyfluoroalkyl substances proposed to 
be conducted in a covered area, including— 
(1) all such testing to be conducted by the De-
partment of Defense; and 
(2) all such testing to be conducted by a non-De-
partment entity (including any Federal agency and 
any public or private entity) under a contract, or 
pursuant to an agreement, with the Department. 
(c) NATURE OF DISCLOSURE.—The Secretary of De-
fense may satisfy the disclosure requirements under sub-
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sections (a) and (b) by publishing the results and informa-
tion referred to in such subsections— 
(1) on the publicly available website established 
under section 331(b) of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116– 
92; 10 U.S.C 2701 note); 
(2) on another publicly available website of the 
Department of Defense; or 
(3) in the Federal Register. 
(d) LOCAL NOTIFICATION.—Prior to conducting any 
testing of water for perfluoroalkyl or polyfluoroalkyl sub-
stances, including any testing which has not been planned 
or publicly disclosed pursuant to subsection (b), the Sec-
retary of Defense shall provide notice of the testing to— 
(1) the managers of the public water system serv-
ing the covered area where such testing is to occur; 
(2) the heads of the municipal government serv-
ing the covered area where such testing is to occur; 
and 
(3) as applicable, the members of the restoration 
advisory board for the military installation where 
such testing is to occur. 
(e) METHODS FOR TESTING.—In testing water for 
perfluoroalkyl or polyfluoroalkyl substances, the Secretary 
of Defense shall adhere to methods for measuring the 
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amount of such substances in drinking water that have been 
validated by the Administrator of the Environmental Pro-
tection Agency. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered area’’ means an area in 
the United States that is located immediately adja-
cent to and down gradient from a military installa-
tion, a formerly used defense site, or a facility where 
military activities are conducted by the National 
Guard of a State pursuant to section 2707(e) of title 
10, United States Code. 
(2) The term ‘‘formerly used defense site’’ means 
any site formerly used by the Department of Defense 
or National Guard eligible for environmental restora-
tion by the Secretary of Defense funded under the 
‘‘Environmental Restoration Account, Formerly Used 
Defense Sites’’ account established under section 
2703(a)(5) of title 10, United States Code. 
(3) The term ‘‘military installation’’ has the 
meaning given such term in section 2801(c)(4) of title 
10, United States Code. 
(4) The term ‘‘perfluoroalkyl or polyfluoroalkyl 
substance’’ means any man-made chemical with at 
least one fully fluorinated carbon atom. 
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(5) The term ‘‘public water system’’ has the 
meaning given such term under section 1401(4) of the 
Safe Drinking Water Act (42 U.S.C. 300f(4)). 
(6) The term ‘‘restoration advisory board’’ means 
a restoration advisory board established pursuant to 
section 2705(d) of title 10, United States Code. 
SEC. 320. PFAS TESTING REQUIREMENTS. 
Not later than two years after the date of the enact-
ment of this Act, the Secretary of Defense shall complete 
a preliminary assessment and site inspection for PFAS, in-
cluding testing for PFAS, at all military installations, for-
merly used defense sites, and State-owned facilities of the 
National Guard in the United States that have been identi-
fied by the Secretary as of the date of the enactment of the 
Act. 
SEC. 321. STANDARDS FOR RESPONSE ACTIONS WITH RE-
SPECT TO PFAS CONTAMINATION. 
(a) IN GENERAL.—In conducting a response action to 
address perfluoroalkyl or polyfluoroalkyl substance con-
tamination from Department of Defense or National Guard 
activities, the Secretary of Defense shall conduct such ac-
tions to achieve a level of such substances in the environ-
mental media that meets or exceeds the most stringent of 
the following standards for each applicable covered PFAS 
substance in any environmental media: 
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(1) A State standard, in effect in the State in 
which the response action is being conducted, as de-
scribed in section 121(d)(2)(A)(ii) of the Comprehen-
sive Environmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)). 
(2) A Federal standard, as described in section 
121(d)(2)(A)(i) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9621(d)(2)(A)(i)). 
(3) 
A 
health 
advisory 
under 
section 
1412(b)(1)(F) of the Safe Drinking Water Act (42 
U.S.C. 300g–1(b)(1)(F)). 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered PFAS substance’’ means 
any of the following: 
(A) Perfluorononanoic acid (PFNA). 
(B) Perfluorooctanoic acid (PFOA). 
(C) Perfluorohexanoic acid (PFHxA). 
(D) Perfluorooctane sulfonic acid (PFOS). 
(E) Perfluorohexane sulfonate (PFHxS). 
(F) Perfluorobutane sulfonic acid (PFBS). 
(G) GenX. 
(2) The term ‘‘response action’’ means an action 
taken pursuant to section 104 of the Comprehensive 
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Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601). 
(c) SAVINGS CLAUSE.—Except with respect to the spe-
cific level required to be met under subsection (a), nothing 
in this section affects the application of the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607). 
SEC. 322. REVIEW AND GUIDANCE RELATING TO PREVEN-
TION AND MITIGATION OF SPILLS OF AQUE-
OUS FILM-FORMING FOAM. 
(a) REVIEW REQUIRED.—Not later than 180 days of 
after the date of the enactment of this Act, the Secretary 
of Defense shall complete a review of the efforts of the De-
partment of Defense to prevent or mitigate spills of aqueous 
film-forming foam (in this section referred to as ‘‘AFFF’’). 
Such review shall assess the following: 
(1) The preventative maintenance guidelines for 
fire trucks of the Department and fire suppression 
systems in buildings of the Department, to mitigate 
the risk of equipment failure that may result in a 
spill of AFFF. 
(2) Any requirements for the use of personal pro-
tective equipment by personnel when conducting a 
material transfer or maintenance activity of the De-
partment that may result in a spill of AFFF, or 
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when conducting remediation activities for such a 
spill, including requirements for side-shield safety 
glasses, latex gloves, and respiratory protection equip-
ment. 
(3) The methods by which the Secretary ensures 
compliance with guidance specified in material safety 
data sheets with respect to the use of such personal 
protective equipment. 
(b) GUIDANCE.—Not later than 90 days after the date 
on which the Secretary completes the review under sub-
section (a), the Secretary shall issue guidance on the pre-
vention and mitigation of spills of AFFF based on the re-
sults of such review that includes, at a minimum, best prac-
tices and recommended requirements to ensure the fol-
lowing: 
(1) The supervision by personnel trained in re-
sponding to spills of AFFF of each material transfer 
or maintenance activity of the Department of Defense 
that may result in such a spill. 
(2) The use of containment berms and the cov-
ering of storm drains and catch basins by personnel 
performing maintenance activities for the Department 
in the vicinity of such drains or basins. 
(3) The storage of materials for the cleanup and 
containment of AFFF in close proximity to fire sup-
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pression systems in buildings of the Department and 
the presence of such materials during any transfer or 
activity specified in paragraph (1). 
(c) BRIEFING.—Not later than 30 days after the date 
on which the Secretary issues the guidance under subsection 
(b), the Secretary shall provide to the congressional defense 
committees a briefing that summarizes the results of the re-
view conducted under subsection (a) and the guidance 
issued under subsection (b). 
SEC. 323. BUDGET INFORMATION FOR ALTERNATIVES TO 
BURN PITS. 
The Secretary of Defense shall include in the budget 
submission of the President under section 1105(a) of title 
31, United States Code, for fiscal year 2022 a dedicated 
budget line item for incinerators and waste-to-energy waste 
disposal alternatives to burn pits. 
SEC. 324. ESTABLISHMENT OF EMISSIONS CONTROL STAND-
ARD OPERATING PROCEDURES. 
(a) REVIEW.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
conduct a review of current electromagnetic spectrum emis-
sions control standard operating procedures across the joint 
force. 
(b) STANDARDS REQUIRED.—Not later than 60 days 
after completing the review under subsection (a), the Sec-
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retary of Defense shall direct the Secretary of each of the 
military departments to establish standard operating proce-
dures, down to the battalion or equivalent level, pertaining 
to emissions control discipline during all manner of oper-
ations. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the implementa-
tion status of the standards required under subsection (b) 
by each of the military departments, including— 
(1) incorporation into doctrine of the military 
departments; 
(2) integration into training of the military de-
partments; and 
(3) efforts to coordinate with the militaries of 
partner countries and allies to develop similar stand-
ards and associated protocols, including through the 
use of working groups. 
SEC. 325. LONG-DURATION DEMONSTRATION INITIATIVE 
AND JOINT PROGRAM. 
(a) ESTABLISHMENT OF INITIATIVE.—Not later than 
March 1, 2022, the Secretary of Defense shall establish a 
demonstration 
initiative 
composed 
of 
demonstration 
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projects focused on the development of long-duration energy 
storage technologies. 
(b) SELECTION OF PROJECTS.—To the maximum ex-
tent practicable, in selecting demonstration projects to par-
ticipate in the demonstration initiative under subsection 
(a), the Secretary of Defense shall— 
(1) ensure a range of technology types; 
(2) ensure regional diversity among projects; and 
(3) consider bulk power level, distribution power 
level, behind-the-meter, microgrid (grid-connected or 
islanded mode), and off-grid applications. 
(c) JOINT PROGRAM.— 
(1) ESTABLISHMENT.—As part of the demonstra-
tion initiative under subsection (a), the Secretary of 
Defense, in consultation with the Secretary of Energy, 
shall establish within the Department of Defense a 
joint program to carry out projects— 
(A) to demonstrate promising long-duration 
energy storage technologies at different scales to 
promote energy resiliency; and 
(B) to help new, innovative long-duration 
energy storage technologies become commercially 
viable. 
(2) MEMORANDUM
OF
UNDERSTANDING.—Not 
later than 180 days after the date of the enactment 
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of this Act, the Secretary of Defense shall enter into 
a memorandum of understanding with the Secretary 
of Energy to administer the joint program. 
(3) INFRASTRUCTURE.—In carrying out the joint 
program, the Secretary of Defense and the Secretary 
of Energy shall— 
(A) use existing test-bed infrastructure at— 
(i) installations of the Department of 
Defense; and 
(ii) facilities of the Department of En-
ergy; and 
(B) develop new infrastructure for identi-
fied projects, if appropriate. 
(4) GOALS AND METRICS.—The Secretary of De-
fense and the Secretary of Energy shall develop goals 
and metrics for technological progress under the joint 
program consistent with energy resilience and energy 
security policies. 
(5) SELECTION OF PROJECTS.— 
(A) IN GENERAL.—To the maximum extent 
practicable, in selecting projects to participate in 
the joint program, the Secretary of Defense and 
the Secretary of Energy may— 
(i) ensure that projects are carried out 
under conditions that represent a variety of 
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environments with different physical condi-
tions and market constraints; and 
(ii) ensure an appropriate balance 
of— 
(I) 
larger, 
operationally-scaled 
projects, adapting commercially-proven 
technology that meets military service 
defined requirements; and 
(II) smaller, lower-cost projects. 
(B) PRIORITY.—In carrying out the joint 
program, the Secretary of Defense and the Sec-
retary of Energy shall give priority to dem-
onstration projects that— 
(i) make available to the public project 
information that will accelerate deployment 
of long-duration energy storage technologies 
that promote energy resiliency; and 
(ii) will be carried out as field dem-
onstrations fully integrated into the instal-
lation grid at an operational scale. 
SEC. 326. PILOT PROGRAM ON USE OF SUSTAINABLE AVIA-
TION FUEL. 
(a) IN GENERAL.—The Secretary of Defense shall con-
duct a pilot program at two or more geographically diverse 
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Department of Defense facilities for the use of sustainable 
aviation fuel. Such program shall be designed to— 
(1) identify any logistical challenges with respect 
to the use of sustainable aviation fuel by the Depart-
ment of Defense; 
(2) promote understanding of the technical and 
performance characteristics of sustainable aviation 
fuel when used in a military setting; and 
(3) engage nearby commercial airports to explore 
opportunities and challenges to partner on increased 
use of sustainable aviation fuel. 
(b) SELECTION OF FACILITIES.— 
(1) SELECTION.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense shall select at least two geographically diverse 
Department facilities at which to carry out the pilot 
program. At least one such facility shall be a facility 
with an onsite refinery that is located in proximity 
to at least one major commercial airport that is also 
actively seeking to increase the use of sustainable 
aviation fuel. 
(2) NOTICE TO CONGRESS.—Upon the selection 
of each facility under paragraph (1), the Secretary 
shall submit to the Committee on Armed Services and 
the Committee on Transportation and Infrastructure 
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of the House of Representatives notice of the selection, 
including an identification of the facility selected. 
(c) USE OF SUSTAINABLE AVIATION FUEL.— 
(1) PLANS.—For each facility selected under sub-
section (b), not later than one year after the selection 
of the facility, the Secretary shall— 
(A) develop a plan on how to implement, by 
September 30, 2028, a target of exclusively using 
at the facility aviation fuel that is blended to 
contain at least 10 percent sustainable aviation 
fuel; 
(B) submit the plan to the Committee on 
Armed Services and the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives; and 
(C) provide to such Committees a briefing 
on the plan that includes, at a minimum— 
(i) a description of any operational, 
infrastructure, or logistical requirements 
and recommendations for the blending and 
use of sustainable aviation fuel; and 
(ii) a description of any stakeholder 
engagement in the development of the plan, 
including any consultations with nearby 
commercial airport owners or operators. 
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(2) IMPLEMENTATION OF PLANS.—For each facil-
ity selected under subsection (b), during the period be-
ginning on a date that is not later than September 
30, 2028, and for five years thereafter, the Secretary 
shall require, in accordance with the respective plan 
developed under paragraph (1), the exclusive use at 
the facility of aviation fuel that is blended to contain 
at least 10 percent sustainable aviation fuel. 
(d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.— 
Sustainable aviation fuel used under the pilot program 
shall meet the following criteria: 
(1) Such fuel shall be produced in the United 
States from non-agricultural and non-food-based do-
mestic feedstock sources. 
(2) Such fuel shall constitute drop-in fuel that 
meets all specifications and performance requirements 
of the Department of Defense and the Armed Forces. 
(e) WAIVER.—The Secretary may waive the use of sus-
tainable aviation fuel at a facility under the pilot program 
if the Secretary— 
(1) determines such use is not feasible due to a 
lack of domestic availability of sustainable aviation 
fuel or a national security contingency; and 
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(2) submits to the congressional defense commit-
tees notice of such waiver and the reasons for such 
waiver. 
(f) FINAL REPORT.—At the conclusion of the pilot pro-
gram, the Assistant Secretary of Defense for Energy, Instal-
lations, and Environment shall submit to the Committee 
on Armed Services and the Committee on Transportation 
and Infrastructure of the House of Representatives a final 
report on the pilot program. Such report shall include each 
of the following: 
(1) An assessment of the effect of using sustain-
able aviation fuel on the overall fuel costs of blended 
fuel. 
(2) A description of any operational, infrastruc-
ture, or logistical requirements and recommendations 
for the blending and use of sustainable aviation fuel, 
with a focus on scaling up military-wide adoption of 
such fuel. 
(3) Recommendations with respect to how mili-
tary installations can leverage proximity to commer-
cial airports and other jet fuel consumers to increase 
the rate of use of sustainable aviation fuel, for both 
military and non-military use, including potential 
collaboration on innovative financing or purchasing 
and shared supply chain infrastructure. 
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(4) A description of the effects on performance 
and operation aircraft using sustainable aviation fuel 
including— 
(A) if used, considerations of various blend-
ing ratios and their associated benefits; 
(B) efficiency and distance improvements of 
flights fuels using sustainable aviation fuel; 
(C) weight savings on large transportation 
aircraft and other types of aircraft with using 
blended fuel with higher concentrations of sus-
tainable aviation fuel; 
(D) maintenance benefits of using sustain-
able aviation fuel, including engine longevity; 
(E) the effect of the use of sustainable avia-
tion fuel on emissions and air quality; 
(F) the effect of the use of sustainable avia-
tion fuel on the environment and on surrounding 
communities, including environmental justice 
factors that are created by the demand for and 
use of sustainable aviation fuel by the Depart-
ment of Defense; and 
(G) benefits with respect to job creation in 
the sustainable aviation fuel production and 
supply chain. 
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(g) SUSTAINABLE AVIATION FUEL DEFINED.—In this 
section, the term ‘‘sustainable aviation fuel’’ means liquid 
fuel that— 
(1) consists of synthesized hydrocarbon; 
(2) meets the requirements of— 
(A) ASTM International Standard D7566 
(or such successor standard); or 
(B) the co-processing provisions of ASTM 
International Standard D1655, Annex A1 (or 
such successor standard); 
(3) is derived from biomass (as such term is de-
fined in section 45K(c)(3) of the Internal Revenue 
Code of 1986), waste streams, renewable energy 
sources, or gaseous carbon oxides; 
(4) is not derived from palm fatty acid dis-
tillates; and 
(5) conforms to the standards, recommended 
practices, requirements and criteria, supporting docu-
ments, implementation elements, and any other tech-
nical guidance, for sustainable aviation fuels that are 
adopted by the International Civil Aviation Organi-
zation with the agreement of the United States. 
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SEC. 327. JOINT DEPARTMENT OF DEFENSE AND DEPART-
MENT OF AGRICULTURE STUDY ON BIO-
REMEDIATION OF PFAS USING MYCOLOGICAL 
ORGANIC MATTER. 
(a) STUDY.—The Secretary of Defense, acting through 
the Assistant Secretary of Defense for Energy, Installations, 
and Environment, Strategic Environmental Research and 
Development Program, and the Secretary of Agriculture, 
acting through the Administrator of the Agricultural Re-
search Service, shall jointly carry out a study on the bio-
remediation of PFAS using mycological organic matter. 
Such study shall commence not later than one year after 
the date of the enactment of this Act. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense and 
the Secretary of Agriculture shall jointly submit to the Com-
mittee on Agriculture and the Committee on Armed Services 
of the House or Representatives and the Committee on Agri-
culture, Forestry, and Nutrition and the Committee on 
Armed Services of the Senate a report on the study con-
ducted pursuant to subsection (a). 
(c) PFAS.—In this section, the term ‘‘PFAS’’ means 
per- and polyfluoroalkyl substances. 
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Subtitle C—Logistics and 
Sustainment 
SEC. 341. MITIGATION OF CONTESTED LOGISTICS CHAL-
LENGES OF THE DEPARTMENT OF DEFENSE 
THROUGH REDUCTION OF OPERATIONAL EN-
ERGY DEMAND. 
(a) CLARIFICATION OF OPERATIONAL ENERGY RE-
SPONSIBILITIES.—Section 2926 of title 10, United States 
Code, is amended— 
(1) in subsection (a), by inserting ‘‘in contested 
logistics environments’’ after ‘‘missions’’; and 
(2) in subsection (b)— 
(A) in the heading, by striking ‘‘AUTHORI-
TIES’’ and inserting ‘‘RESPONSIBILITIES’’; 
(B) in the matter preceding paragraph (1), 
by striking ‘‘may’’ and inserting ‘‘shall’’; 
(C) by amending paragraph (1) to read as 
follows: 
‘‘(1) require the Secretaries concerned and the 
commanders of the combatant commands to assess the 
energy supportability in contested logistics environ-
ments of systems, capabilities, and plans;’’; 
(D) in paragraph (2), by inserting ‘‘ 
supportability in contested logistics environ-
ments,’’ after ‘‘power,’’; and 
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(E) in paragraph (3), by inserting ‘‘in con-
tested 
logistics 
environments’’ 
after 
‘‘vulnerabilities’’. 
(b) ESTABLISHMENT OF WORKING GROUP.—Such sec-
tion is further amended— 
(1) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘ and in coordination with the 
working group under subsection (d)’’ after ‘‘com-
ponents’’; 
(B) in paragraph (1), by striking ‘‘Defense 
and oversee’’ and inserting ‘‘Defense, including 
the activities of the working group established 
under subsection (d), and oversee’’; 
(C) in paragraph (2), by inserting ‘‘, taking 
into account the findings of the working group 
under subsection (d)’’ after ‘‘Defense’’; and 
(D) paragraph (3), by inserting ‘‘, taking 
into account the findings of the working group 
under subsection (d)’’ after ‘‘resilience’’; 
(2) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; 
(3) by inserting after subsection (c), as amended 
by paragraph (1), the following new subsection: 
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‘‘(d) WORKING GROUP.—(1) The Secretary of Defense 
shall establish a working group to integrate efforts to miti-
gate contested logistics challenges through the reduction of 
operational energy demand that are carried out within each 
armed force, across the armed forces, and with the Office 
of the Secretary of Defense and to conduct other coordinated 
functions relating to such efforts. 
‘‘(2) The head of the working group under paragraph 
(1) shall be the Assistant Secretary of Defense for Energy, 
Installations, and Environment. The Assistant Secretary 
shall supervise the members of the working group and pro-
vide guidance to such members with respect to specific oper-
ational energy plans and programs to be carried out pursu-
ant to the strategy under subsection (e). 
‘‘(3) The members of the working group under para-
graph (1) shall be appointed as follows: 
‘‘(A) A senior official of each armed force, who 
shall be nominated by the Secretary concerned and 
confirmed by the Senate to represent such armed 
force. 
‘‘(B) A senior official from each geographic and 
functional combatant command, who shall be ap-
pointed by the commander of the respective combatant 
command to represent such combatant command. 
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‘‘(C) A senior official under the jurisdiction of 
the Chairman of the Joint Chiefs of Staff, who shall 
be appointed by the Chairman to represent the Joint 
Chiefs of Staff and the Joint Staff. 
‘‘(4) Each member of the working group shall be re-
sponsible for carrying out operational energy plans and 
programs and implementing coordinated initiatives pursu-
ant to the strategy under subsection (e) for the respective 
component of the Department that the member represents. 
‘‘(5) The duties of the working group under paragraph 
(1) shall be as follows: 
‘‘(A) Planning for the integration of efforts to 
mitigate contested logistics challenges through the re-
duction of operational energy demand carried out 
within each armed force, across the armed forces, and 
with the Office of the Secretary of Defense. 
‘‘(B) Developing recommendations regarding the 
strategy for operational energy under subsection (e). 
‘‘(C) Developing recommendations relating to the 
development of, and modernization efforts for, plat-
forms and weapons systems of the armed forces. 
‘‘(D) Developing recommendations to ensure that 
such development and modernization efforts lead to 
increased lethality, extended range, and extended on- 
station time for tactical assets. 
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‘‘(E) Developing recommendations to mitigate 
the effects of hostile action by a near-peer adversary 
targeting operational energy storage and operations of 
the armed forces, including through the use of innova-
tive delivery systems, distributed storage, flexible con-
tracting, and improved automation.’’; and 
(4) in subsection (g), as redesignated by para-
graph (2)— 
(A) in paragraph (1)— 
(i) by striking ‘‘The Secretary of a 
military department’’ and inserting ‘‘Each 
member of the working group under sub-
section (d)’’; and 
(ii) by striking ‘‘conducted by the mili-
tary department’’ and inserting ‘‘conducted 
by the respective component of the Depart-
ment that the member represents for pur-
poses of the working group’’; and 
(B) in paragraph (2), by striking ‘‘military 
department’’ and inserting ‘‘armed force’’. 
(c) MODIFICATIONS TO OPERATIONAL ENERGY STRAT-
EGY.—Subsection (e) of such section, as redesignated by 
subsection (b)(2), is amended to read as follows: 
‘‘(1) The Assistant Secretary of Defense for Energy, 
Installations, and Environment, in coordination with the 
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working group under subsection (d), shall be responsible for 
the establishment and maintenance of a department-wide 
transformational strategy for operational energy. The strat-
egy shall be updated every five years and shall establish 
near-term, mid-term, and long-term goals, performance 
metrics to measure progress in meeting the goals, and a 
plan for implementation of the strategy within each armed 
force, across the armed forces, and with the Office of the 
Secretary of Defense. 
‘‘(2) The strategy required under paragraph (1) shall 
include the following: 
‘‘(A) A plan to integrate efforts to mitigate con-
tested logistics challenges through the reduction of 
operational energy demand within each armed force. 
‘‘(B) An assessment of how industry trends 
transitioning from the production of internal combus-
tion engines to the development and production of al-
ternative propulsion systems may affect the long-term 
availability of parts for military equipment, the fuel 
costs for such equipment, and the sustainability of 
such equipment. 
‘‘(C) An assessment of any fossil fuel reduction 
technologies, including electric, hydrogen, or other 
sustainable fuel technologies, that may reduce oper-
ational energy demand in the near-term or long-term. 
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‘‘(D) An assessment of any risks or opportunities 
related to the development of tactical vehicles or other 
military equipment that use alternative propulsion 
systems, including any such risks or opportunities 
with respect the supply chain or resupply capabilities 
of the armed forces or the congruence of such systems 
with the systems used by allies of the United States. 
‘‘(E) An assessment of how the Secretaries con-
cerned and the commanders of the combatant com-
mands can better plan for challenges presented by 
near-peer adversaries in a contested logistics environ-
ment, including through innovative delivery systems, 
distributed storage, flexible contracting, and improved 
automation. 
‘‘(F) An assessment of any infrastructure invest-
ments of allied and partner countries that may affect 
operational energy availability in the event of a con-
flict with a near-peer adversary. 
‘‘(3) By authority of the Secretary of Defense, and tak-
ing into consideration the findings of the working group, 
the Assistant Secretary shall prescribe policies and proce-
dures for the implementation of the strategy and make rec-
ommendations to the Secretary of Defense and Deputy Sec-
retary of Defense with respect to specific operational energy 
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plans and programs to be carried out pursuant to the strat-
egy. 
‘‘(4) Not later than 30 days after the date on which 
the budget for fiscal year 2024 is submitted to Congress pur-
suant to section 1105 of title 31, and every five years there-
after, the Assistant Secretary shall submit to the congres-
sional defense committees the strategy required under para-
graph (1).’’. 
(d) DEFINITIONS.—Such section is further amended by 
adding at the end the following new subsection: 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘contested logistics environment’ 
means an environment in which the armed forces en-
gage in conflict with an adversary that presents chal-
lenges in all domains and directly targets logistics op-
erations, facilities, and activities in the United 
States, abroad, or in transit from one location to the 
other. 
‘‘(2) The term ‘tactical vehicle’ means a vehicle 
owned by the Department of Defense or the armed 
forces and used in combat, combat support, combat 
service support, tactical, or relief operations, or in 
training for such operations.’’. 
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(e) CONFORMING AMENDMENT.—Section 2926(c)(5) of 
title 10, United States Code, is amended by striking ‘‘sub-
section (e)(4)’’ and inserting ‘‘subsection (f)(4)’’. 
(f) INTERIM REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Assistant Secretary 
of Defense for Energy, Installations, and Environment shall 
submit to the congressional defense committees an interim 
report on any actions taken pursuant to the amendments 
made by this section. Such report shall include an update 
regarding the establishment of the working group under sec-
tion 2926(d) of title 10, United States Code, as amended 
by subsection (b). 
SEC. 342. GLOBAL BULK FUEL MANAGEMENT AND DELIV-
ERY. 
(a) DESIGNATION OF RESPONSIBLE COMBATANT COM-
MAND.— 
(1) DESIGNATION REQUIRED.—Subchapter III of 
chapter 173 of title 10, United States Code, is amend-
ed by adding at the end the following new section: 
‘‘§ 2927. Global bulk fuel management and delivery 
‘‘The Secretary of Defense shall designate a combatant 
command to be responsible for bulk fuel management and 
delivery of the Department on a global basis.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents for such subchapter is amended by adding at the 
end the following new item: 
‘‘2927. Global bulk fuel management and delivery.’’. 
(3) DEADLINE FOR DESIGNATION; NOTICE.—Not 
later than 30 days after the date of the enactment of 
this Act, the Secretary of Defense shall— 
(A) make the designation required under 
section 2927 of title 10, United States Code (as 
added by paragraph (1)); and 
(B) provide to the Committees on Armed 
Services of the Senate and the House of Rep-
resentatives notice of the combatant command so 
designated. 
(b) GLOBAL BULK FUEL MANAGEMENT STRATEGY.— 
(1) STRATEGY REQUIRED.—The commander of 
the combatant command designated under section 
2927 of title 10, United States Code (as added by sub-
section (a)), shall prepare and submit to the congres-
sional defense committees a strategy to develop the in-
frastructure and programs necessary to optimally 
support global bulk fuel management of the Depart-
ment of Defense. 
(2) ADDITIONAL ELEMENTS.—The strategy under 
paragraph (1) shall include the following additional 
elements: 
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(A) A description of the current organiza-
tional responsibility for bulk fuel management of 
the Department, organized by geographic com-
batant command, including with respect to or-
dering, storage, and strategic and tactical trans-
portation. 
(B) A description of any legacy bulk fuel 
management assets of each of the geographic 
combatant commands. 
(C) A description of the operational plan to 
exercise such assets to ensure full functionality 
and to repair, upgrade, or replace such assets as 
necessary. 
(D) An identification of the resources re-
quired for any such repairs, upgrades, or re-
placements. 
(E) A description of the current programs 
relating to platforms, weapon systems, or re-
search and development, that are aimed at man-
aging fuel constraints by decreasing demand for 
fuel. 
(F) An assessment of current and projected 
threats to forward-based bulk fuel delivery, stor-
age, and distribution systems, and an assess-
ment, based on such current and projected 
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threats, of attrition to bulk fuel infrastructure, 
including storage and distribution systems, in a 
conflict involving near-peer foreign countries. 
(G) An assessment of current days of supply 
guidance, petroleum war reserve requirements, 
and prepositioned war reserve stocks, based on 
operational tempo associated with distributed 
operations in a contested environment. 
(H) An identification of the resources re-
quired to address any changes to such guidance, 
requirements, or stocks recommended as the re-
sult of such assessment. 
(I) An identification of any global shortfall 
with respect to bulk fuel management, organized 
by geographic combatant command, and a 
prioritized list of investment recommendations to 
address each shortfall identified. 
(3) COORDINATION.—In preparing the strategy 
under paragraph (1), the commander of the combat-
ant command specified in such paragraph shall co-
ordinate with subject matter experts of the Joint 
Staff, the geographic combatant commands, the 
United States Transportation Command, the Defense 
Logistics Agency, and the military departments. 
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(c) LIMITATION ON AVAILABILITY OF FUNDS FOR DE-
FENSE LOGISTICS AGENCY (ENERGY).—Of the funds au-
thorized to be appropriated by this Act or otherwise made 
available for fiscal year 2022 for the Defense Logistics 
Agency (Energy), not more than 50 percent may be obli-
gated or expended before the date on which the notice under 
subsection (a)(3)(B) is provided. 
(d) CONFORMING AMENDMENTS.—Section 2854 of the 
Military Construction Authorization Act for Fiscal Year 
2021 (Public Law 116–283) is amended— 
(1) in subsection (b), by striking ‘‘The organiza-
tional element designated pursuant to subsection (a)’’ 
and inserting ‘‘The Secretary of Defense’’; 
(2) in subsection (c), by striking ‘‘subsection (b)’’ 
and inserting ‘‘subsection (a)’’; 
(3) by striking subsections (a) and (d); and 
(4) by redesignating subsections (b) and (c), as 
amended by paragraphs (1) and (2), as subsections 
(a) and (b), respectively. 
SEC. 343. COMPTROLLER GENERAL ANNUAL REVIEWS OF F– 
35 SUSTAINMENT EFFORTS. 
(a) ANNUAL REVIEWS
AND BRIEFINGS.—Not later 
than March 1 of each year of 2022, 2023, 2024, and 2025, 
the Comptroller General of the United States shall— 
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(1) conduct an annual review of the sustainment 
efforts of the Department of Defense with respect to 
the F–35 aircraft program (including the air vehicle 
and propulsion elements of such program); and 
(2) provide to the Committee on Armed Services 
of the House of Representatives a briefing on such re-
view, including any findings of the Comptroller Gen-
eral as a result of such review. 
(b) ELEMENTS.—Each review under subsection (a)(1) 
shall include an assessment of the following: 
(1) The status of the sustainment strategy of the 
Department for the F–35 Lightning II aircraft pro-
gram. 
(2) The Department oversight and prime con-
tractor management of key sustainment functions 
with respect to the F–35 aircraft program. 
(3) The ability of the Department to reduce the 
costs, or otherwise maintain the affordability, of the 
sustainment of the F–35 fleet. 
(4) Any other matters regarding the sustainment 
or affordability of the F–35 aircraft program that the 
Comptroller General determines to be of critical im-
portance to the long-term viability of such program. 
(c) REPORTS.—Following the provision of each brief-
ing under subsection (a)(2), at such time as is mutually 
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agreed upon by the Committee on Armed Services of the 
House of Representatives and the Comptroller General, the 
Comptroller General shall submit to such committee a re-
port on the matters covered by the briefing. 
SEC. 344. PILOT PROGRAM ON BIOBASED CORROSION CON-
TROL AND MITIGATION. 
(a) PILOT PROGRAM.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall commence a one-year pilot program to test and 
evaluate the use of covered biobased solutions as alternatives 
to current solutions for the control and mitigation of corro-
sion. 
(b) SELECTION.—In carrying out the pilot program 
under subsection (a), the Secretary shall select for test and 
evaluation under the pilot program at least one existing 
covered biobased solution. 
(c) TEST AND EVALUATION.—Following the test and 
evaluation of a covered biobased solution under the pilot 
program, the Secretary shall determine, based on such test 
and evaluation, whether the solution meets the following re-
quirements: 
(1) The solution is capable of being produced do-
mestically. 
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(2) The solution is at least as effective at the 
control and mitigation of corrosion as current alter-
native solutions. 
(3) The solution reduces environmental expo-
sures. 
(d) RECOMMENDATIONS.—Upon termination of the 
pilot program under subsection (a), the Secretary shall de-
velop recommendations for the Department of Defense-wide 
deployment of covered biobased solutions that the Secretary 
has determined meet the requirements under subsection (c). 
(e) COVERED BIOBASED SOLUTION DEFINED.—In this 
section, the term ‘‘covered biobased solution’’ means a solu-
tion for the control and mitigation of corrosion that is do-
mestically produced, commercial, and biobased. 
SEC. 345. PILOT PROGRAM ON DIGITAL OPTIMIZATION OF 
ORGANIC INDUSTRIAL BASE MAINTENANCE 
AND REPAIR OPERATIONS. 
(a) IN GENERAL.—Beginning not later than 180 days 
after the date of the enactment of this Act, The Secretary 
of the Defense shall initiate a pilot program under which 
the Secretary shall provide for the digitization of the facili-
ties and operations of at least one covered depot. 
(b) ELEMENTS OF PILOT PROGRAM.—In carrying out 
the pilot program under this section, the Secretary shall 
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provide for each of the following at the covered depot or 
depots at which the Secretary carries out the program: 
(1) The delivery of a digital twin model of the 
maintenance, repair, and remanufacturing infra-
structure and activities. 
(2) The modeling and simulation of optimized 
facility configuration, logistics systems, and processes. 
(3) The analysis of material flow and resource 
use to achieve key performance metrics for all levels 
of maintenance and repair. 
(4) An assessment of automated, advanced, and 
additive manufacturing technologies that could im-
prove maintenance, repair, and remanufacturing op-
erations. 
(5) The identification of investments necessary to 
achieve the efficiencies identified by the digital twin 
model required under paragraph (1). 
(c) REPORT.—Not later than 60 days after the comple-
tion of the digital twin model and associated analysis, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tives a report on the pilot program. Such report shall in-
clude— 
(1) a description of the efficiencies identified 
under the pilot program; 
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(2) a description of the infrastructure, workforce, 
and capital equipment investments necessary to 
achieve such efficiencies; 
(3) the plan of the Secretary to undertake such 
investments; and 
(4) the assessment of the Secretary of the poten-
tial applicability of the findings of the pilot program 
to other covered depots. 
(d) COVERED DEPOT DEFINED.—In this section, the 
term ‘‘covered depot’’ includes any depot covered under sec-
tion 2476(e) of title 10, United States Code, except for the 
following: 
(1) Portsmouth Naval Shipyard, Maine. 
(2) Pearl Harbor Naval Shipyard, Hawaii. 
(3) Puget Sound Naval Shipyard, Washington. 
(4) Norfolk Naval Shipyard, Virginia. 
SEC. 346. PILOT PROGRAM ON IMPLEMENTATION OF MITI-
GATING 
ACTIONS 
TO 
ADDRESS 
VULNERABILITIES TO CRITICAL DEFENSE FA-
CILITIES AND ASSOCIATED DEFENSE CRIT-
ICAL ELECTRIC INFRASTRUCTURE. 
(a) TWO-YEAR PILOT AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense, in 
coordination with the Secretary of Energy, the Secre-
taries of each of the military departments, and the 
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Secretary of the department in which the Coast 
Guard is operating, shall carry out a two-year pilot 
program under which the Secretary shall implement 
mitigating actions to address vulnerabilities assessed 
under section 215A of the Federal Power Act (16 
U.S.C. 824o–1) at critical defense facilities and their 
associated defense critical electric infrastructure, after 
consultation with, and with the consent of, the owners 
of such facilities and infrastructure. 
(2) USE
OF
GRANT
AUTHORITY.—In carrying 
out the pilot program, the Secretary of Defense may 
make grants, enter into cooperative agreements, and 
supplement funds available under Federal programs 
administered by agencies other than the Department 
of Defense to support mitigating actions under this 
section. 
(b) SELECTION OF INSTALLATIONS.—The Secretary of 
Defense shall select at least three military installations des-
ignated as critical defense facilities at which to carry out 
the pilot program under this section. In selecting such in-
stallations, the Secretary shall— 
(1) ensure that at least one of the military in-
stallations selected is an installation of each of Armed 
Forces; 
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(2) select installations that represent different 
challenges or severities with respect to electric infra-
structure vulnerability; 
(3) select at least one critical defense facility 
within the service territory of a Power Marketing Ad-
ministration; 
(4) provide particular consideration for critical 
defense facilities and the associated defense critical 
electric infrastructure that use rural cooperatives or 
municipal entities for their electricity needs; and 
(5) provide particular consideration for critical 
defense facilities and defense critical electric infra-
structure that have completed an assessment of 
vulnerabilities and resilience requirements in coordi-
nation with the Secretary of Defense and the Sec-
retary of Energy. 
(c) COMPTROLLER GENERAL REVIEW.— 
(1) IN GENERAL.—Not later than two years after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall— 
(A) conduct a review of the pilot program 
under this section; and 
(B) submit to the appropriate congressional 
committees a report on the results of the review. 
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(2) CONTENTS.—The review required under this 
subsection shall include an assessment of the effective-
ness of the mitigating actions taken under the pilot 
program and the feasibility of expanding the imple-
mentation of such mitigating actions at other instal-
lations identified under section 215A(a)(4) of the Fed-
eral Power Act (16 U.S.C. 824o–1(a)(4)). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Energy and Commerce of the 
House of Representatives; and 
(B) the Committee on Armed Services and 
the Committee on Energy and Natural Resources 
of the Senate. 
(2) The term ‘‘defense critical electric infrastruc-
ture’’ has the meaning given such term under section 
215A(a)(4) of the Federal Power Act (16 U.S.C. 
824o–1(a)(4)). 
(3) The term ‘‘critical defense facility’’ means a 
facility designated as a critical defense facility under 
section 215A(c) of the Federal Power Act (16 U.S.C. 
824o–1(c)). 
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(4) The term ‘‘mitigating action’’ means any en-
ergy resiliency solution applied that is consistent with 
an assessed strategy to reduce vulnerabilities at crit-
ical defense facilities and associated defense critical 
electric infrastructure. 
SEC. 347. REPORT AND CERTIFICATION REQUIREMENTS RE-
GARDING SUSTAINMENT COSTS FOR F–35 AIR-
CRAFT PROGRAM. 
(a) REPORT.—Not later than March 1, 2022, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on sustainment costs for the F–35 air-
craft program. Such report shall include the following: 
(1) A detailed description and explanation of, 
and the actual cost data related to, sustainment costs 
for the F–35 aircraft program, including an identi-
fication and assessment of cost elements attributable 
to 
the 
Federal 
Government 
or 
to 
contractors 
(disaggregated by the entity responsible for each por-
tion of the cost element, including at the prime con-
tractor and major subcontractor levels) with respect to 
such sustainment costs. 
(2) An identification of the affordability targets 
of the Air Force, Navy, and Marine Corps, respec-
tively, for sustainment costs for the F–35 aircraft 
program (expressed in cost per tail per year format 
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and disaggregated by aircraft variant) for the fol-
lowing years: 
(A) With respect to the affordability target 
of the Air Force, for the year in which the Sec-
retary of the Air Force completes the procure-
ment of the program of record number of F–35 
aircraft for the Air Force. 
(B) With respect to the affordability target 
of the Navy, for the year in which the Secretary 
of the Navy completes the procurement of the 
program of record number of F–35 aircraft for 
the Navy; and 
(C) With respect to the affordability target 
of the Marine Corps, for the year in which the 
Secretary of the Navy completes the procurement 
of the program of record number of F–35 air-
craft for the Marine Corps. 
(3) A detailed plan for the reduction of 
sustainment costs for the F–35 aircraft program to 
achieve the affordability targets specified in para-
graph (2), including a plan for contractors to reduce 
their portion of such sustainment costs. 
(4) An identification of sustainment cost metrics 
for the F–35 aircraft program for each of fiscal years 
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2022 through 2026, expressed in cost per tail per year 
format. 
(b) ANNUAL CERTIFICATION.— 
(1) CERTIFICATIONS.—Not later than December 
31 of each of the years 2022 through 2026, the Sec-
retary of Defense shall submit to the congressional de-
fense committees a certification indicating whether 
the F–35 aircraft program met the sustainment cost 
metrics identified pursuant to subsection (a)(4) with 
respect to the fiscal year for which the report is sub-
mitted. 
(2) JUSTIFICATION.—If a certification under 
paragraph (1) indicates that the sustainment cost 
metrics for the respective year were not met, the Sec-
retary shall submit to the congressional defense com-
mittees a detailed justification for the outcome. 
(c) LIMITATION ON CERTAIN CONTRACTS.—The Sec-
retary of Defense may not enter into a performance-based 
logistics contract for the sustainment of the F–35 aircraft 
program until the Secretary submits to the congressional 
defense committees a certification that— 
(1) the F–35 aircraft program has met the 
sustainment cost metrics identified pursuant to sub-
section (a)(4) for two consecutive fiscal years, as indi-
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cated by two consecutive certifications submitted 
under subsection (b)(1); and 
(2) the Secretary has determined that such a 
performance-based logistics contract will further re-
duce sustainment costs for the F–35 aircraft program. 
(d) COST PER TAIL PER YEAR DEFINED.—In this sec-
tion, the term ‘‘cost per tail per year’’ means the average 
annual operating and support cost (as estimated pursuant 
to a formula determined by the Secretary) per aircraft. 
Subtitle D—Risk Mitigation and 
Safety Improvement 
SEC. 351. TREATMENT OF NOTICE OF PRESUMED RISK 
ISSUED BY MILITARY AVIATION AND INSTAL-
LATION ASSURANCE CLEARINGHOUSE FOR 
REVIEW OF MISSION OBSTRUCTIONS. 
Subparagraph (B) of paragraph (2) of subsection (C) 
of section 183a of title 10, United States Code, is amended 
to read as follows: 
‘‘(B) A notice of presumed risk issued pursuant to sub-
paragraph (A) is a preliminary assessment only and is not 
a finding of unacceptable risk under subsection (e). A dis-
cussion of mitigation actions could resolve the concerns 
identified by the Department in the preliminary assessment 
in favor of the applicant.’’. 
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SEC. 352. ESTABLISHMENT OF JOINT SAFETY COUNCIL. 
(a) IN GENERAL.—Chapter 7 of title 10, United States 
Code, is amended by inserting after section 183a the fol-
lowing new section: 
‘‘§ 184. Joint Safety Council 
‘‘(a) IN GENERAL.—There is established, within the 
Office of the Deputy Secretary of Defense, a Joint Safety 
Council (in this section referred to as the ‘Council’). 
‘‘(b) COMPOSITION; APPOINTMENT; COMPENSATION.— 
(1) The Council shall include the following voting members: 
‘‘(A) The Vice Chief of Staff of the Army. 
‘‘(B) The Vice Chief of Staff of the Air Force. 
‘‘(C) The Vice Chief of Naval Operations. 
‘‘(D) The Assistant Commandant of the Marine 
Corps. 
‘‘(E) The Vice Chief of Space Operations. 
‘‘(F) A member of the Senior Executive Service 
from the Office of the Under Secretary of Defense for 
Personnel and Readiness, appointed by the Deputy 
Secretary of Defense. 
‘‘(G) A member of the Senior Executive Service 
from the Office of the Under Secretary for Research 
and Engineering, appointed by the Deputy Secretary 
of Defense. 
‘‘(H) A member of the Senior Executive Service 
from the Office of the Under Secretary for Acquisition 
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and Sustainment, appointed by the Deputy Secretary 
of Defense. 
‘‘(2) The Council shall include the following non-voting 
members: 
‘‘(A) The Director of Safety for the Department 
of the Army, who shall be appointed by the Secretary 
of the Army. 
‘‘(B) The Director of Safety for the Department 
of the Air Force, who shall be appointed by the Sec-
retary of the Air Force. 
‘‘(C) The Director of Safety for the Department 
of the Navy, who shall be appointed by the Secretary 
of the Navy. 
‘‘(D) The Deputy Assistant Secretary of Defense 
for Force Safety and Occupational Health, appointed 
by the Deputy Secretary of Defense as the Executive 
Secretary. 
‘‘(3)(A) Members of the Council serve at the will of the 
official who appointed them. 
‘‘(B) Vacancies on the Council shall be filled in the 
same manner as the original appointment. 
‘‘(4) Members of the Council may not receive addi-
tional pay, allowances, or benefits by reason of their service 
on the Council. 
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‘‘(c) CHAIR AND VICE CHAIR.—(1) The Secretary of 
Defense, or the Secretary’s designee, shall select one of the 
members of the Council who is a member of the armed forces 
to serve as Chair of the Council. Unless earlier removed, 
the Chair shall serve for a term of two years. The Chair 
shall serve as the Director of Operational and Training 
Safety for the Department of Defense. 
‘‘(2) The Vice Chair shall be a person appointed under 
subsection (b) who is a member of the Senior Executive 
Service. The Vice Chair shall report to the Chair and shall 
serve as Chair in his or her absence. 
‘‘(d) STAFF.—(1) The Council may appoint staff in 
accordance with section 3101 of title 5. 
‘‘(2) The Council may accept persons on detail from 
within the Department of Defense and from other Federal 
departments or agencies on a reimbursable or non-reim-
bursable basis. 
‘‘(e) CONTRACT AUTHORITY.—The Council may enter 
into contracts for the acquisition of administrative supplies, 
equipment, and personnel services for use by the Council, 
to the extent that funds are available for such purposes. 
‘‘(f) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chair may procure temporary and 
intermittent services under section 3109(b) of title 5 at rates 
for individuals which do not exceed the daily equivalent of 
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the annual rate of basic pay prescribed for level V of the 
Executive Schedule under section 5316 of such title. 
‘‘(g) DATA
COLLECTION.—(1) Under regulations 
issued by the Secretary of Defense, the Council shall have 
access to Department of Defense databases necessary to 
carry out its responsibilities, including causal factors to be 
used for mishap reduction purposes. 
‘‘(2) Under regulations issued by the Secretary of De-
fense, the Council may enter into agreements with the Fed-
eral Aviation Administration, the National Transportation 
Safety Board, and any other Federal agency regarding the 
sharing of safety data. 
‘‘(h) MEETINGS.—The Council shall meet quarterly 
and at the call of the Chair. 
‘‘(i) DUTIES.—The Council shall carry out the fol-
lowing responsibilities: 
‘‘(1) Subject to subsection (j), issuing, pub-
lishing, and updating regulations related to joint 
safety, including regulations on the reporting and in-
vestigation of mishaps. 
‘‘(2) Establishing uniform data collection stand-
ards, a centralized collection system for mishaps in 
the Department of Defense, and a process for safe-
guarding sensitive data and information where ap-
propriate. 
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‘‘(3) Reviewing the compliance of each military 
department in adopting and using the uniform data 
collection standards established under paragraph (2). 
‘‘(4) Reviewing mishap data to assess, identify, 
and prioritize risk mitigation efforts and safety im-
provement efforts across the Department. 
‘‘(5) Establishing standards and requirements 
for the collection of equipment, simulator, training, 
pilot, and operator data. 
‘‘(6) Establishing requirements for each military 
department to collect and analyze any waivers issued 
relating to pilot or operator qualifications or stand-
ards. 
‘‘(7) Establishing, in consultation with the heads 
of other Federal departments and agencies, as appro-
priate, a requirement for each military department to 
implement a safety management system. 
‘‘(8) Reviewing the safety management system of 
each military department and the implementation of 
such systems. 
‘‘(9) Reviewing and assessing civilian and com-
mercial safety programs and practices to determine 
the suitability of such programs for implementation 
in the Department. 
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‘‘(10) Establishing a requirement for each mili-
tary department to implement a system to monitor 
recommendations made in safety and legal investiga-
tion reports to ensure implementation of corrective 
actions. 
‘‘(11) Reviewing and providing feedback on the 
investments of the military departments in techno-
logical solutions for safety and mishap prevention. 
‘‘(j) REVIEW.—The decisions and recommendations of 
the Council are subject to review and approval by the Dep-
uty Secretary of Defense. 
‘‘(k) REPORT.—The Chair of the Council shall submit 
to the congressional defense committees semi-annual reports 
on the activities of the Council.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 183a the following new item: 
‘‘184. Joint Safety Council.’’. 
SEC. 353. MISHAP INVESTIGATION REVIEW BOARD. 
(a) PROPOSAL FOR ESTABLISHMENT OF BOARD.—The 
Deputy Secretary of Defense shall develop a proposal for 
the establishment of a Mishap Investigation Review Board 
(in this section referred to as the ‘‘Board’’) to provide inde-
pendent oversight and review of safety and legal investiga-
tions into the facts and circumstances surrounding oper-
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178 
ational and training mishaps. The proposal shall include 
recommendations relating to— 
(1) the size and composition of the Board; 
(2) the process by which the Board would screen 
mishap investigations to identify unsatisfactory, bi-
ased, incomplete, or insufficient investigations requir-
ing subsequent review by the Board, including wheth-
er the Board should review investigations meeting a 
predetermined threshold (such as all fatal mishaps or 
all Class A mishaps); 
(3) the process by which the military depart-
ments, the Joint Safety Council established under sec-
tion 352, and other components of the Department of 
Defense could refer pending or completed safety and 
legal investigations to the Board for review; 
(4) the process by which the Board would evalu-
ate a particular safety or legal investigation for accu-
racy, thoroughness, and objectivity; 
(5) the requirements for and process by which 
the convening component of an investigation reviewed 
by the Board should address the findings of the 
Board’s review of that particular investigation; 
(6) proposed procedures for safeguarding sen-
sitive information collected during the investigation 
review process; and 
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(7) how and when the Board would be required 
to report to the Deputy Secretary of Defense and the 
Joint Safety Council established under section 352 on 
the activities of the Board, the outcomes of individual 
investigation reviews performed by the Board, and the 
assessment of the Board regarding cross-cutting 
themes and trends identified by those reviews; and 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Deputy Secretary of De-
fense shall submit to the congressional defense committee the 
proposal required by subsection (a) and a timeline for es-
tablishing the Board. 
SEC. 354. IMPLEMENTATION OF COMPTROLLER GENERAL 
RECOMMENDATIONS ON PREVENTING TAC-
TICAL VEHICLE TRAINING ACCIDENTS. 
(a) PLAN REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, each Secretary con-
cerned shall submit to the congressional defense committees 
and to the Comptroller General of the United States a plan 
to address the recommendations in the report of the Govern-
ment Accountability Office entitled ‘‘Army and Marine 
Corps Should Take Additional Actions to Mitigate and Pre-
vent Training Accidents’’ (GAO–21–361). Each such plan 
shall include, with respect to each recommendation in such 
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report that the Secretary concerned has implemented or in-
tends to implement— 
(1) a summary of actions that have been or will 
be taken to implement the recommendation; and 
(2) a schedule, with specific milestones, for com-
pleting implementation of the recommendation. 
(b) DEADLINE FOR IMPLEMENTATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 18 months after the date of 
the enactment of this Act, each Secretary concerned 
shall carry out activities to implement the plan of the 
Secretary developed under subsection (a). 
(2) EXCEPTION FOR IMPLEMENTATION OF CER-
TAIN RECOMMENDATIONS.— 
(A) DELAYED
IMPLEMENTATION.—A Sec-
retary concerned may initiate implementation of 
a recommendation in the report referred to in 
subsection (a) after the date specified in para-
graph (1) if, on or before such date, the Sec-
retary provides to the congressional defense com-
mittees a specific justification for the delay in 
implementation of such recommendation. 
(B) 
NONIMPLEMENTATION.—A 
Secretary 
concerned may decide not to implement a rec-
ommendation in the report referred to in sub-
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section (a) if, on or before the date specified in 
paragraph (1), the Secretary provides to the con-
gressional defense committees— 
(i) a specific justification for the deci-
sion not to implement the recommendation; 
and 
(ii) a summary of alternative actions 
the Secretary plans to take to address the 
conditions underlying the recommendation. 
(c) SECRETARY CONCERNED.—In this section, the term 
‘‘Secretary concerned’’ means— 
(1) the Secretary of the Army, with respect to the 
Army; and 
(2) the Secretary of the Navy, with respect to the 
Navy. 
SEC. 355. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY 
DATA COLLECTION. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of the Army 
and the Secretary of the Navy shall jointly carry out a pilot 
program to evaluate the feasibility of using data recorders 
to monitor, assess, and improve the readiness and safety 
of the operation of military tactical vehicles. 
(b) PURPOSES.—The purposes of the pilot program 
are— 
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(1) to allow for the automated identification of 
hazards and potential hazards on and off military in-
stallations; 
(2) to mitigate and increase awareness of haz-
ards and potential hazards on and off military in-
stallations; 
(3) to identify near-miss accidents; 
(4) to create a standardized record source for ac-
cident investigations; 
(5) to assess individual driver proficiency, risk, 
and readiness; 
(6) to increase consistency in the implementation 
of military installation and unit-level range safety 
programs across military installations and units; 
(7) to evaluate the feasibility of incorporating 
metrics generated from data recorders into the safety 
reporting systems and to the Defense Readiness Re-
porting System as a measure of assessing safety risks, 
mitigations, and readiness; 
(8) to determine the costs and benefits of retro-
fitting data recorders on legacy platforms and includ-
ing data recorders as a requirement in acquisition of 
military tactical vehicles; and 
(9) any other matters as determined by the Sec-
retary concerned. 
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(c) REQUIREMENTS.—In carrying out the pilot pro-
gram, the Secretaries shall— 
(1) assess the feasibility of using commercial 
technology, such as smartphones or technologies used 
by insurance companies, as a data recorder; 
(2) test and evaluate a minimum of two data re-
corders that meet the pilot program requirements; 
(3) select a data recorder capable of collecting 
and exporting the telemetry data, event data, and 
driver identification during operation and accidents; 
(4) install and maintain a data recorder on a 
sufficient number of each of the covered military tac-
tical vehicles under subsection (f) at selected installa-
tions for statistically significant results; 
(5) establish and maintain a database that con-
tains telemetry data, driver data, and event data cap-
tured by the data recorder; 
(6) regularly generate for each installation under 
the pilot program a dataset that is viewable in widely 
available mapping software of hazards and potential 
hazards based on telemetry data and event data cap-
tured by the data recorders; 
(7) generate actionable data sets and statistics 
on individual, vehicle, and military installation; 
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(8) require commanders at the covered military 
installations to incorporate the actionable data sets 
and statistics into the installation range safety pro-
gram; 
(9) require unit commanders at the covered mili-
tary installations to incorporate the actionable data 
sets and statistics into unit driver safety program; 
(10) evaluate the feasibility of integrating data 
sets and statistics to improve driver certification and 
licensing based on data recorded and generated by the 
data recorders; 
(11) use open architecture to the maximum ex-
tent practicable; and 
(12) any other activities determined by the Sec-
retary as necessary to meet the purposes under sub-
section (b). 
(d) IMPLEMENTATION PLAN.—Not later than 180 days 
after the date of the enactment of this Act, the Secretaries 
shall develop a plan for implementing the pilot program 
required under this section. 
(e) LOCATIONS.—Each Secretary concerned shall carry 
out the pilot program at not fewer than one military instal-
lation in the United States that meets the following condi-
tions: 
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(1) Contains the necessary force structure, equip-
ment, and maneuver training ranges to collect driver 
and military tactical vehicle data during training 
and routine operation. 
(2) Represents at a minimum one of the five 
training ranges identified in the study by the Comp-
troller General of the United States titled ‘‘Army and 
Marine Corps Should Take Additional Actions to 
Mitigate and Prevent Training Accidents’’ that did 
not track unit location during the training events. 
(f) COVERED MILITARY TACTICAL VEHICLES.—The 
pilot program shall cover the following military tactical ve-
hicles: 
(1) Army Strykers. 
(2) Marine Corps Light Armored Vehicles. 
(3) Army Medium Tactical Vehicles. 
(4) Marine Corps Medium Tactical Vehicle Re-
placements. 
(g) METRICS.—The Secretaries shall develop metrics to 
evaluate the pilot program’s effectiveness in monitoring, as-
sessing, and improving vehicle safety, driver readiness, and 
mitigation of risk. 
(h) REPORTS.— 
(1) INITIAL.—Not later than 180 days after the 
date of the enactment of this Act under this section, 
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the Secretaries shall jointly submit to the congres-
sional defense committees a report on the pilot pro-
gram, addressing the plan for implementing the re-
quirements in subsection (c), including the established 
metrics under subsection (g). 
(2) INTERIM.—Not later than three years after 
the commencement of the pilot program, the Secre-
taries shall jointly submit to the congressional defense 
committees a report on the status of the pilot pro-
gram, including the preliminary results in carrying 
out the pilot program, the metrics generated during 
the pilot program, disaggregated by military tactical 
vehicle, location, and service, and the implementation 
plan under subsection (d). 
(3) FINAL.—Not later than 90 days after the ter-
mination of the pilot program, the Secretaries shall 
jointly submit to the congressional defense committees 
a report on the results of the program. The report 
shall— 
(A) assess the pilot program’s effectiveness 
in meeting the purposes under subsection (b); 
(B) include the metrics generated during the 
pilot program, disaggregated by military tactical 
vehicle, location, and service; 
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(C) include the views of range personnel, 
unit commanders, and members of the Armed 
Forces involved in the pilot program on the level 
of effectiveness of the technology selected; 
(D) provide a cost estimate for equipping 
legacy military tactical vehicles with data re-
corders; 
(E) determine the instances in which data 
recorders should be a requirement in the acquisi-
tion of military tactical vehicles; 
(F) recommend whether the pilot program 
should be expanded or made into a program of 
record; and 
(G) recommend any statutory, regulatory, 
or policy changes required to support the pur-
poses under subsection (b). 
(i) TERMINATION.—The authority to carry out the 
pilot program under subsection (a) shall terminate five 
years after the date of the enactment of this Act. 
(j) DEFINITIONS.—In this section: 
(1) The term ‘‘accident’’ means a collision, roll-
over, or other mishap involving a motor vehicle. 
(2) The term ‘‘data recorder’’ means technologies 
installed in a motor vehicle to record driver identi-
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fication, telemetry data, and event data related to the 
operation of such motor vehicle. 
(3) The term ‘‘driver identification’’ means data 
enabling the unique identification of the driver oper-
ating the motor vehicle. 
(4) The term ‘‘event data’’ includes data related 
to— 
(A) the start and conclusion of each vehicle 
operation; 
(B) a vehicle accident; 
(C) a vehicle acceleration, velocity, or loca-
tion with an increased potential for an accident; 
or 
(D) a vehicle orientation with an increased 
potential for an accident. 
(5) The term ‘‘Secretary concerned’’ means— 
(A) the Secretary of the Army with respect 
to matters concerning the Army; and 
(B) the Secretary of the Navy with respect 
to matters concerning the Navy and Marine 
Corps. 
(6) The term ‘‘telemetry data’’ includes— 
(A) time; 
(B) vehicle distance traveled; 
(C) vehicle acceleration and velocity; 
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(D) vehicle orientation, including roll, 
pitch, and yaw; and 
(E) vehicle location in a geographic coordi-
nate system, including elevation. 
Subtitle E—Reports 
SEC. 361. INCLUSION OF INFORMATION REGARDING BOR-
ROWED MILITARY MANPOWER IN READINESS 
REPORTS. 
(a) IN GENERAL.—Section 482(b) of title 10, United 
States Code, is amended— 
(1) by redesignating paragraph (10) as para-
graph (11); and 
(2) by inserting after paragraph (9) the fol-
lowing new paragraph (10): 
‘‘(11) Information regarding— 
‘‘(A) the extent to which any member of the 
armed forces is diverted, temporarily assigned, 
or detailed outside the member’s assigned unit or 
away from training in order to perform any 
function that had been performed by civilian em-
ployees of the Federal Government or by contrac-
tors prior to such diversion, temporary assign-
ment, or detail; and 
‘‘(B) whether such function is within the 
scope of the skills required for the military occu-
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pational specialty of such member of the armed 
forces.’’. 
SEC. 362. ANNUAL REPORT ON MISSING, LOST, AND STOLEN 
WEAPONS, LARGE AMOUNTS OF AMMUNITION, 
DESTRUCTIVE DEVICES, AND EXPLOSIVE MA-
TERIAL. 
(a) IN GENERAL.—Section 2722 of title 10, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘report 
to Secretary of the Treasury’’ and inserting 
‘‘reporting requirements’’; 
(2) in subsection (a), by inserting ‘‘and the Di-
rector of the Bureau of Alcohol, Tobacco, and Fire-
arms’’ after ‘‘Secretary of the Treasury’’; 
(3) by redesignating subsection (c) as subsection 
(d); and 
(4) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) ANNUAL REPORT.—Not later than December 31 
each year, the Secretary shall submit to the congressional 
defense committees a report that includes, for the preceding 
year— 
‘‘(1) all instances of missing, lost, or stolen 
weapons, large amounts of ammunition, destructive 
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devices, or explosive material from the stocks of the 
Department of Defense; 
‘‘(2) for each item identified under paragraph 
(1), the type, quantity, and serial number, broken 
down by armed force and component; and 
‘‘(3) such other information the Secretary deter-
mines appropriate.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 161 of such title is amended by 
striking the item relating to section 2722 and inserting the 
following new item: 
‘‘2722. Theft or loss of ammunition, destructive devices, and explosives: reporting 
requirements.’’. 
SEC. 363. ANNUAL REPORT ON MATERIAL READINESS OF 
NAVY SHIPS. 
Section 8674(d) of title 10, United States Code is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘submit to the’’ and insert-
ing ‘‘provide to the’’; 
(B) by inserting ‘‘a briefing and submit to 
such committees’’ after ‘‘congressional defense 
committees’’; and 
(C) by striking ‘‘setting forth’’ and inserting 
‘‘regarding’’; 
(2) in paragraph (2)— 
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(A) by striking ‘‘in an unclassified form 
that is releasable to the public without further 
redaction.’’ and inserting ‘‘in—’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(A) a classified form that shall be available 
only to the congressional defense committees; and 
‘‘(B) an unclassified form that is releasable to 
the public without further redaction’’; and 
(3) by striking paragraph (3). 
SEC. 364. STRATEGY AND ANNUAL REPORT ON CRITICAL 
LANGUAGE PROFICIENCY OF SPECIAL OPER-
ATIONS FORCES. 
(a) FIVE-YEAR STRATEGY.— 
(1) STRATEGY REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
Assistant Secretary of Defense for Special Operations 
and Low-Intensity Conflict shall submit to the con-
gressional defense committees a five-year strategy to 
support the efforts of the Secretaries concerned to 
identify individuals who have proficiency in a crit-
ical language and to recruit and retain such individ-
uals in the special operations forces of Armed Forces. 
(2) ELEMENTS.—The strategy under paragraph 
(1) shall include the following: 
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(A) A baseline of foreign language pro-
ficiency requirements to be implemented within 
the special operations forces, disaggregated by 
Armed Force and by critical language. 
(B) Annual recruitment targets for the 
number of candidates with demonstrated pro-
ficiency in a critical language to be selected for 
participation in the initial assessment and qual-
ification programs of the special operations 
forces. 
(C) A description of current and planned 
efforts of the Secretaries concerned and the As-
sistant Secretary to meet such annual recruit-
ment targets. 
(D) A description of any training programs 
used to enhance or maintain foreign language 
proficiency within the special operations forces, 
including any non-governmental programs used. 
(E) An annual plan (for each of the five 
years covered by the strategy) to enhance and 
maintain foreign language proficiency within 
the special operations forces of each Armed 
Force. 
(F) An annual plan (for each of the five 
years covered by the strategy) to retain members 
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of the special operation forces of each Armed 
Force who have proficiency in a foreign lan-
guage. 
(G) A description of current and projected 
capabilities and activities that the Assistant Sec-
retary determines are necessary to maintain pro-
ficiency in critical languages within the special 
operations forces. 
(H) A plan to implement a training pro-
gram for members of the special operations forces 
who serve in positions that the Assistant Sec-
retary determines require proficiency in a crit-
ical language to support the Department of De-
fense in strategic competition. 
(b) ANNUAL REPORT.— 
(1) REPORTS
REQUIRED.—Not later than De-
cember 31, 2022, and annually thereafter until De-
cember 31, 2027, the Assistant Secretary of Defense 
for Special Operations and Low-Intensity Conflict 
shall submit to the congressional defense committees a 
report on the recruitment, training, and retention of 
members of the special operations forces who have 
proficiency in a critical language. 
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(2) ELEMENTS.—Each report under paragraph 
(1) shall include, with respect to the year for which 
the report is submitted, the following information: 
(A) The number of candidates with dem-
onstrated proficiency in a critical language who 
have been selected for participation in the initial 
assessment and qualification programs of the 
special operations forces, disaggregated by Armed 
Force of which the special operations force is a 
component. 
(B) A description of any variance between 
the number specified in subparagraph (A) and 
the recruitment target specified in the strategy 
under subsection (a)(2)(B) for the corresponding 
year, including a justification for any such vari-
ance. 
(C) As compared to the total number of 
members of the special operations forces— 
(i) the percentage of such members who 
have maintained proficiency in a critical 
language, disaggregated by Armed Force; 
(ii) the percentage of such members 
who are enrolled in a critical language 
training program, disaggregated by Armed 
Force and by critical language; and 
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(iii) the average proficiency rating re-
ceived by such members with respect to each 
critical language, disaggregated by Armed 
Force. 
(D) As compared to the total number of 
members of the special operations force of each 
Armed Force who are assigned to a unit with the 
primary mission of advising foreign militaries— 
(i) the percentage of such members who 
maintain proficiency in a foreign language 
relevant to such mission; and 
(ii) the percentage of such members 
who are enrolled in a foreign language 
training program relevant to such mission. 
(E) As compared to the required baseline 
specified in the strategy under subsection 
(a)(2)(A), the percentage of members of the spe-
cial operations force who have proficiency in a 
critical language, disaggregated by Armed Force 
and by critical language. 
(F) A description of any gaps in foreign 
language training identified by the Assistant 
Secretary with respect to the special operations 
forces. 
(c) DEFINITIONS.—In this section: 
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214 
(5) The Air National Guard of the United 
States, 26,661. 
(6) The Air Force Reserve, 6,003. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2022 for the reserve 
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army National Guard of the United 
States, 22,294. 
(2) For the Army Reserve, 6,492. 
(3) For the Air National Guard of the United 
States, 9,885. 
(4) For the Air Force Reserve, 7,111. 
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2022, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
port duty under section 115(b) of title 10, United States 
Code, is the following: 
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ships and competition for limited training opportuni-
ties. 
(3) Actions taken to analyze the extent to which 
commissioning practices affect training opportunities 
for SWOs. 
(4) Actions taken to reevaluate the need for nu-
clear-trained SWOs, assess the effects of the current 
training approach, and make any related adjustments 
to the respective career path. 
(5) Actions taken to establish and implement 
regular evaluations of the effectiveness of the current 
career path, training, and policies for SWOs, in suc-
cessfully developing and retaining proficient SWOs. 
The initial evaluation shall include— 
(A) a comparison of such effectiveness 
against that of other positions in the Navy, and 
against comparable positions in other navies and 
maritime communities; and 
(B) input from SWOs at all grades. 
(6) Actions taken to implement— 
(A) workforce strategies; 
(B) changes to the career path for SWOs, 
training, and policies; and 
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263 
‘‘(B) waste, spoilage, or destruction of prop-
erty other than military property of the United 
States, in violation of section 909 of this title 
(article 109); 
‘‘(C) communicating threats, in violation of 
section 915 of this title (article 115); 
‘‘(D) riot or breach of peace, in violation of 
section 916 of this title (article 116); 
‘‘(E) provoking speech or gestures, in viola-
tion of section 917 of this title (article 117); 
‘‘(F) murder, in violation of section 918 of 
this title (article 118); 
‘‘(G) manslaughter, in violation of section 
919 of this title (article 119); 
‘‘(H) larceny or wrongful appropriation, in 
violation of section 921 of this title (article 121); 
‘‘(I) robbery, in violation of section 922 of 
this title (article 122); 
‘‘(J) kidnapping, in violation of section 925 
of this title (article 125); 
‘‘(K) assault, in violation of section 928 of 
this title (article 128); 
‘‘(L) conspiracy to commit an offense speci-
fied in any of subparagraphs (A) through (K), as 
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270 
(B) DOMESTIC VIOLENCE AND COMMAND AC-
TION DATA.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Secretaries 
of the military departments, shall— 
(i) evaluate the organizations and ele-
ments of the Department of Defense that are 
responsible for tracking domestic violence 
incidents and the command actions taken 
in response to such incidents to determine if 
there are actions that may be carried out 
to— 
(I) 
eliminate 
gaps 
and 
redundancies in the activities of such 
organizations; 
(II) ensure consistency in the ap-
proaches of such organizations to the 
tracking of such incidents and actions; 
and 
(III) otherwise improve the track-
ing of such incidents and actions 
across the Department; and 
(ii) based on the evaluation under 
clause (i), clarify or adjust— 
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291 
court protective orders and such orders may not be issued, 
appealed, renewed, or terminated by State, local, territorial, 
or tribal courts. 
‘‘(b) ENFORCEMENT BY CIVILIAN AUTHORITIES.— 
‘‘(1) IN
GENERAL.—In prescribing regulations 
for military court protective orders, the President 
shall seek to ensure that the protective orders are 
issued in a form and manner that is enforceable by 
State, local, territorial, and tribal civilian law en-
forcement authorities. 
‘‘(2) FULL FAITH AND CREDIT.—Any military 
court protective order shall be accorded full faith and 
credit by the court of a State, local, territorial, or 
tribal jurisdiction (the enforcing jurisdiction) and en-
forced by the court and law enforcement personnel of 
that jurisdiction as if it were the order of the enforc-
ing jurisdiction. 
‘‘(3) 
RECIPROCITY
AGREEMENTS.—Consistent 
with paragraphs (1) and (2), the Secretary of Defense 
shall seek to enter into reciprocity agreements with 
State, local, territorial, and tribal civilian law en-
forcement authorities under which— 
‘‘(A) such authorities agree to enforce mili-
tary court protective orders; and 
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1064 
(5) Section 3553 of title 31, United States Code, 
is amended in subsection (d)(4)(B) by striking ‘‘sec-
tion 
2305(b)(5)(B)(vii)’’ 
and 
inserting 
‘‘section 
3304(c)(7)’’. 
(6) Section 226 of the Water Resources Develop-
ment Act of 1992 (33 U.S.C. 569f) is amended by 
striking ‘‘section 2393(c)’’ and inserting ‘‘section 
4654(c)’’. 
(7) Section 40728B(e) of title 36, United States 
Code, is amended— 
(A) striking ‘‘subsection (k) of section 2304’’ 
and inserting ‘‘section 3201(e)’’; and 
(B) by striking ‘‘subsection (c) of such sec-
tion’’ and inserting ‘‘section 3204(a)’’. 
(8) Section 1427(b) of the National Defense Au-
thorization Act for Fiscal Year 2004 (Public Law 
108–136; 40 U.S.C. 1103 note) is amended by strik-
ing ‘‘sections 2304a and 2304b’’ and inserting ‘‘sec-
tions 3403 and 3405’’. 
(9) Section 895(b) of the National Defense Au-
thorization Act for Fiscal Year 2017 (Public Law 
114–328; 40 U.S.C. 11103 note) is amended by strik-
ing ‘‘section 2366a(d)(7)’’ and inserting ‘‘section 
4251(d)(5)’’. 
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