141 
(b) TRAINING GUIDELINES.—The Director of the Of-
fice of Science and Technology Policy, acting through the 
National Science and Technology Council and in accord-
ance with the authority provided under section 1746(a) 
of the National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92; 42 U.S.C. 6601 note), shall 
develop guidelines for institutions of higher education and 
other organizations receiving Federal research and devel-
opment funds to use in developing their own training pro-
grams to address the unique needs, challenges, and risk 
profiles of such institutions, including adoption of training 
modules developed under subsection (c). 
(c) SECURITY TRAINING MODULES.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Director 
of the Office of Science and Technology Policy in co-
ordination with the Director of the National Science 
Foundation and the Director of the National Insti-
tute of Health, and in consultation with other rel-
evant Federal research agencies, shall enter into an 
agreement or contract with a qualified entity for the 
development of online research security training 
modules for the research community, including mod-
ules focused on international collaboration and inter-
national travel, foreign interference, and rules for
142 
proper use of funds, disclosure, conflict of commit-
ment, and conflict of interest. 
(2) STAKEHOLDER INPUT.—Prior to entering 
into the agreement under paragraph (1), the Direc-
tor of the Office of Science and Technology Policy 
shall seek input from academic, private sector, intel-
ligence, and law enforcement stakeholders regarding 
the scope and content of training modules, including 
the diversity of needs across institutions of higher 
education and other awardees of different sizes and 
types, and recommendations for minimizing adminis-
trative burden on institutions of higher education 
and researchers. 
(3) DEVELOPMENT.—The Director of the Office 
of Science and Technology Policy shall ensure that 
the entity identified in paragraph (1)— 
(A) develops modules that can be adapted 
and utilized across Federal science agencies; 
and 
(B) develops and implements a plan for 
regularly updating the modules as needed. 
(d) CONSTISTENCY.—The Director of the Office of 
Science and Technology Policy shall ensure that the train-
ing requirements issued by Federal research agencies 
under subsection (a) are consistent.
143 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered individual’’ means an in-
dividual who— 
(A) contributes in a substantive, meaning-
ful way to the scientific development or execu-
tion of a research and development project pro-
posed to be carried out with a research and de-
velopment award from a Federal research agen-
cy; and 
(B) is designated as a covered individual 
by the Federal research agency concerned. 
(2) The term ‘‘Federal research agency’’ means 
any Federal agency with an annual extramural re-
search expenditure of over $100,000,000. 
(3) The term ‘‘research and development 
award’’ means support provided to an individual or 
entity by a Federal research agency to carry out re-
search and development activities, which may include 
support in the form of a grant, contract, cooperative 
agreement, or other such transaction. The term does 
not include a grant, contract, agreement or other 
transaction for the procurement of goods or services 
to meet the administrative needs of a Federal re-
search agency.
144 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2022 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and 
maintenance, as specified in the funding table in section 
4301. 
SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 301 for operation 
and maintenance for Army base operations support, line 
100, as specified in the corresponding funding table in sec-
tion 4301, for Army Community Services, line 110, is 
hereby increased by $30,000,000. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for operation and main-
tenance, Army, as specified in the corresponding funding 
table in section 4301, for Army Administration, line 440, 
is hereby reduced by $15,000,000.
145 
(c) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for operation and main-
tenance, Army, as specified in the corresponding funding 
table in section 4301, for Army Other Service Support, 
line 480, is hereby reduced by $15,000,000. 
SEC. 303. INCREASE IN FUNDING FOR CIVIL MILITARY PRO-
GRAMS. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated for operation and mainte-
nance, Defense-wide, as specified in the corresponding 
funding table in section 4301, for Civil Military Programs 
is hereby increased by $35,281,000 (to be used in support 
of the National Guard Youth Challenge Program). 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for Operation and Main-
tenance, Defense-wide, as specified in the corresponding 
funding table in section 4301, for Office of Secretary of 
Defense, Line 540, is hereby reduced by $35,281,000.
146 
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: 
‘‘(x) Strategic goals to address or 
mitigate the current and projected risks to 
military installation resilience.’’. 
(2) in paragraph (2)(A), in the matter pre-
ceding clause (i), by striking ‘‘priorities,’’ and insert-
ing ‘‘priorities, including priorities relating to the 
current or projected risks to military installation re-
silience,’’. 
(b) NATIONAL DEFENSE SUSTAINMENT AND LOGIS-
TICS REVIEW.—
147 
(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
AMEND-
MENTS.— 
(A) CLERICAL
AMENDMENTS.—The table 
of sections for chapter 2 of such title is amend-
ed— 
(i) by striking the first item relating 
to section 118a; and 
(ii) by inserting after the item relating 
to section 118a the following new item: 
‘‘118b. National Defense Sustainment and Logistics Review.’’. 
(B) CONFORMING
AMENDMENT.—Section 
314(c) of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283) is amended 
by striking ‘‘section 118a’’ and inserting ‘‘sec-
tion 118b’’.
148 
(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 resil-
ience.’’. 
(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 
military department, shall consider the risks associated 
with military installation resilience when making any stra-
tegic decision relating to such installation, including where 
to locate such installation and where to position equip-
ment, infrastructure, and other military assets on such in-
stallation. 
(e) NATIONAL DEFENSE STRATEGY AND NATIONAL 
MILITARY STRATEGY.—The Secretary of Defense, in co-
ordination with the heads of such other Federal agencies 
as the Secretary determines appropriate, shall incorporate 
the security implications of military installation resilience
149 
into the National Defense Strategy and the National Mili-
tary Strategy. 
(f) NATIONAL SECURITY PLANNING DOCUMENTS.— 
The Secretary of Defense and the Chairman of the Joint 
Chiefs of Staff shall consider the security implications as-
sociated with military installation resilience in developing 
the Defense Planning Guidance under section 113(g)(2) 
of title 10, United States Code, the Risk Assessment of 
the Chairman of the Joint Chiefs of Staff under section 
153(b)(2) of such title, and other relevant strategy, plan-
ning, and programming documents and processes. 
(g) CAMPAIGN PLANS OF COMBATANT COMMANDS.— 
The Secretary of Defense shall ensure that the national 
security implications associated with military installation 
resilience are integrated into the campaign plans of the 
combatant commands. 
(h) REPORT ON SECURITY IMPLICATIONS ASSOCI-
ATED WITH MILITARY INSTALLATION RESILIENCE.— 
(1) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of 
Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representa-
tives a report describing how the aspects of military 
installation resilience have been incorporated into
150 
modeling, simulation, war-gaming, and other anal-
yses 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 
MILITARY INSTALLATION RESILIENCE ON MILITARY AS-
SETS AND CAPABILITIES.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, and an-
nually thereafter, the Secretary of Defense shall sub-
mit 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 at-
tributed to adverse impacts to military installa-
tion resilience during the year preceding the 
submission of the report, including loss of or 
damage to military networks, systems, installa-
tions, facilities, and other assets and capabili-
ties of the Department; and 
(B) An assessment of vulnerabilities to 
military installation resilience.
151 
(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)— 
(i) in subparagraph (A), by inserting 
‘‘or Sentinel Landscape’’ after ‘‘military 
department’’; and
152 
(ii) in subparagraph (B), by inserting 
‘‘or that would contribute to maintaining 
or improving military installation resil-
ience’’ 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- 
contiguous military installations, if those 
military installations are not all under the 
administrative jurisdiction of the same 
Secretary of a military department; and 
‘‘(II) provides synergistic benefits un-
available if the installations acted sepa-
rately; or 
‘‘(ii) for one or more ecosystems within a 
designated Sentinel Landscape.’’; and 
(2) by adding at the end the following new sub-
section:
153 
‘‘(e) DEFINITION
OF SENTINEL LANDSCAPE.—In 
this section, the term ‘Sentinel Landscape’ means a land-
scape-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 
defense test and training missions of the military or 
State-owned National Guard installation or installa-
tions.’’. 
(b) PRESERVATION OF SENTINEL LANDSCAPES.— 
Section 317 of the National Defense Authorization Act for 
Fiscal Year 2018 (10 U.S.C. 2684a note) is amended— 
(1) in subsection (c)— 
(A) by inserting ‘‘resilience,’’ after ‘‘mu-
tual benefit of conservation,’’; 
(B) by inserting ‘‘, resilience,’’ after ‘‘vol-
untary land management’’; and 
(C) by adding at the end the following new 
sentence: ‘‘The Secretary of Defense shall in-
clude information concerning the activities 
taken pursuant to the Sentinel Landscapes 
Partnership in the annual report to Congress
154 
submitted pursuant 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 sub-
section (f); 
(4) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) PARTICIPATION BY OTHER AGENCIES.—To the 
extent practicable, the Secretary of Defense shall seek the 
participation of other Federal agencies in the Sentinel 
Landscape 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 
events, flooding, wildfires, or other anticipated or 
unanticipated changes in environmental conditions.’’.
155 
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 fol-
lowing 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. 
‘‘(c) REPORT.—(1) Not later than 30 days after 
granting an exemption under subsection (b) with respect 
to the use of an open-air burn pit at a location, the Presi-
156 
dent shall submit to Congress a written report that identi-
fies— 
‘‘(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 clas-
sified 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)); 
‘‘(2) medical waste; 
‘‘(3) tires;
157 
‘‘(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 
Department 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 evacu-
ated 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; 
‘‘(16) any item containing any of the materials 
referred to in a preceding paragraph; and
158 
‘‘(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 fol-
lowing new subsection: 
‘‘(i) ANALYTICAL TOOLS FOR EVALUATION OF EN-
ERGY RESILIENCE MEASURES.—(1) The Secretary of De-
fense shall develop and implement a process to ensure that 
the Department of Defense, in the evaluation of energy 
resilience measures on military installations, uses analyt-
ical tools that are accurate and effective in projecting the 
costs and performance of such measures. 
‘‘(2) Analytical tools specified in paragraph (1) shall 
be— 
‘‘(A) designed to—
159 
‘‘(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 se-
lection official; 
‘‘(B) consistent with standards and analytical 
tools commonly applied by the Department of En-
ergy and by commercial industry; 
‘‘(C) adaptable to accommodate a rapidly 
changing technological environment; 
‘‘(D) peer-reviewed for quality and precision 
and measured against the highest level of develop-
ment 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 require-
ments under section 2911(i) of title 10, United States 
Code, as added by subsection (a).
160 
SEC. 316. ENERGY EFFICIENCY TARGETS FOR DEPART-
MENT 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 add-
ing at the end the following new section: 
‘‘§ 2921. Energy efficiency targets for data centers 
‘‘(a) COVERED DATA CENTERS.—(1) For each cov-
ered 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 en-
ergy resources, or related technologies such as ad-
vanced battery storage capacity, to enhance resil-
iency at the data center, including potential renew-
able or clean energy purchase targets based on the 
location of the data center; and
161 
‘‘(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 De-
partment 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 cen-
ter established on or after the date of the enactment of 
this section, the Secretary shall establish energy, water 
usage, and resiliency-related standards that the data cen-
ter shall be required to meet based on location, resiliency, 
industry standards, and best practices. Such standards 
shall include— 
‘‘(A) power usage effectiveness standards; 
‘‘(B) water usage effectiveness standards; and 
‘‘(C) any other energy or resiliency standards 
the Secretary determines are appropriate. 
‘‘(2) The Secretary may waive the requirement for 
a Department data center established on or after the date
162 
of the enactment of this section to meet the standards es-
tablished 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 amend-
ed 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 Depart-
ment of Defense. Such survey shall include the fol-
lowing: 
(A) A list of data centers owned or oper-
ated 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.
163 
(ii) The date of the most recent cap-
ital investment in new power, cooling, or 
compute infrastructure at the data center. 
(C) The total average annual power use, in 
kilowatts, for each such data center. 
(D) The number of data centers that 
measure power usage effectiveness (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 
measure 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
164 
term in the most recent Integrated Data Collection 
guidance 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 
section 2921(a) of title 10, United States Code, as added 
by subsection (a). Such report shall include each of the 
following: 
(1) A timeline of necessary actions required to 
meet the energy assessment targets for covered data 
centers. 
(2) The estimated costs associated with meeting 
such targets. 
(3) An assessment of the business case for 
meeting such targets, including any estimated sav-
ings in operational energy and water costs and esti-
mated reduction in energy and water usage if the 
targets are met. 
(4) An analysis of any statutory, regulatory, or 
policy barriers to meeting such targets identified 
pursuant to section 2921(a)(E) of title 10, United 
States Code, as added by subsection (a).
165 
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 
(Public 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 sub-
stance’’; and 
(3) by striking subsection (b) and inserting the 
following new subsection (b): 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered item’ means—
166 
‘‘(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 treat-
ment 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.’’.
167 
SEC. 318. TEMPORARY MORATORIUM ON INCINERATION BY 
DEPARTMENT 
OF 
DEFENSE 
OF 
PERFLUOROALKYL 
SUBSTANCES, 
POLYFLUOROALKYL 
SUBSTANCES, 
AND 
AQUEOUS FILM FORMING FOAM. 
(a) TEMPORARY MORATORIUM.—Beginning not later 
than 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) and complying 
with section 330 of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 
10 U.S.C. 2701 note). 
(2) The date on which the Administrator of the 
Environmental Protection Agency publishes in the 
Federal Register a final rule regarding the destruc-
tion and disposal of such materials pursuant to such 
section.
168 
(b) REQUIRED ADOPTION OF FINAL RULE.—Upon 
publication of the final rule specified in subsection (a)(2), 
the Secretary shall adopt such final rule, regardless of 
whether the Secretary previously implemented the interim 
guidance specified in subsection (a)(1). 
(c) REPORT.—Not later than one year after the en-
actment of this Act, and annually thereafter for three 
years, the Secretary shall submit to the Administrator and 
the Committees on Armed Services of the Senate and 
House of Representatives a report on all incineration by 
the Department of Defense of covered materials during 
the year covered by the report, including— 
(1) the total amount of covered materials incin-
erated; 
(2) the temperature range at which the covered 
materials were incinerated; 
(3) the locations and facilities where the cov-
ered materials were incinerated; 
(4) details on actions taken by the Department 
of Defense to comply with section 330 of the Na-
tional Defense Authorization Act for Fiscal Year 
2020; and 
(5) recommendations for the safe storage of 
PFAS and PFAS-containing materials until identi-
fied uncertainties are addressed and appropriate de-
169 
struction and disposal technologies can be rec-
ommended. 
(d) SCOPE.—The prohibition in subsection (a) and 
reporting requirements in subsection (c) shall apply not 
only to materials sent directly by the Department of De-
fense to an incinerator, but also to materials sent to an-
other entity or entities, including any waste processing fa-
cility, subcontractor, or fuel blending facility. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘AFFF’’ means aqueous film 
forming foam. 
(2) The term ‘‘covered material’’ means any 
AFFF formulation containing PFAS, material con-
taminated by AFFF release, or spent filter or other 
PFAS-contaminated material resulting from site re-
mediation or water filtration that— 
(A) has been used by the Department of 
Defense or a military department; 
(B) is being discarded for disposal by the 
Department of Defense or a military depart-
ment; or 
(C) is being removed from sites or facilities 
owned or operated by the Department of De-
fense.
170 
(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 OR LEAD. 
(a) PUBLIC DISCLOSURE OF PFAS AND LEAD TEST-
ING 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 (com-
monly referred to as ‘‘PFAS’’) or for lead in a cov-
ered area, the Secretary of Defense shall publicly 
disclose such validated result, including— 
(A) the results of all such testing con-
ducted in the covered area by the Department 
of Defense; and 
(B) the results of all such testing con-
ducted in the covered area by a non-Depart-
ment entity (including any Federal agency and 
any public or private entity) under a contract, 
or pursuant to an agreement, with the Depart-
ment of Defense.
171 
(2) CONSENT
BY
PRIVATE
PROPERTY
OWN-
ERS.—The Secretary of Defense may not publicly 
disclose the results of testing for perfluoroalkyl or 
polyfluoroalkyl substances or lead conducted on pri-
vate property without the consent of the property 
owner. 
(b) PUBLIC DISCLOSURE OF PLANNED TESTING OF 
WATER.—Not later than 180 days after the date of the 
enactment of the Act, and every 90 days thereafter, the 
Secretary of Defense shall publicly disclose the anticipated 
timeline for, and general location of, any planned testing 
for perfluoroalkyl or polyfluoroalkyl substances or lead 
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- 
Department entity (including any Federal agency 
and any public or private entity) under a contract, 
or pursuant to an agreement, with the Department. 
(c) NATURE OF DISCLOSURE.—The Secretary of De-
fense may satisfy the disclosure requirements under sub-
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 Au-
172 
thorization 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 or lead, including any testing which has not been 
planned or publicly disclosed pursuant to subsection (b), 
the Secretary of Defense shall provide notice of the testing 
to— 
(1) the managers of the public water system 
serving the covered area where such testing is to 
occur; 
(2) the heads of the municipal government serv-
ing the covered area where such testing is to occur; 
and 
(3) as applicable, the members of the restora-
tion advisory board for the military installation 
where such testing is to occur. 
(e) METHODS FOR TESTING.—In testing water for 
perfluoroalkyl or polyfluoroalkyl substances or lead, the 
Secretary of Defense shall adhere to methods for meas-
uring the amount of such substances in drinking water
173 
that have been validated by the Administrator of the Envi-
ronmental Protection 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 environ-
mental restoration by the Secretary of Defense fund-
ed 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.
174 
(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 pur-
suant 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, 
including testing for PFAS, at all military installations, 
formerly used defense sites, and State-owned facilities of 
the National Guard in the United States that have been 
identified 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 actions to achieve a level of such substances in the 
environmental media that meets or exceeds the most strin-
175 
gent of the following standards for each applicable covered 
PFAS substance in any environmental media: 
(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 Com-
prehensive Environmental Response, Compensation, 
and 
Liability 
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.
176 
(2) The term ‘‘response action’’ means an ac-
tion taken pursuant to section 104 of the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601). 
(c) SAVINGS CLAUSE.—Except with respect to the 
specific level required to be met under subsection (a), 
nothing in this section affects the application of the Com-
prehensive 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 
Department of Defense to prevent or mitigate spills of 
aqueous film-forming foam (in this section referred to as 
‘‘AFFF’’). Such review shall assess the following: 
(1) The preventative maintenance guidelines for 
fire trucks of the Department and fire suppression 
systems in buildings of the Department, to mitigate 
the risk of equipment failure that may result in a 
spill of AFFF. 
(2) Any requirements for the use of personal 
protective equipment by personnel when conducting
177 
a material transfer or maintenance activity of the 
Department that may result in a spill of AFFF, or 
when conducting remediation activities for such a 
spill, including requirements for side-shield safety 
glasses, latex gloves, and respiratory protection 
equipment. 
(3) The methods by which the Secretary en-
sures compliance with guidance specified in material 
safety data sheets with respect to the use of such 
personal protective equipment. 
(b) GUIDANCE.—Not later than 90 days after the 
date on which the Secretary completes the review under 
subsection (a), the Secretary shall issue guidance on the 
prevention and mitigation of spills of AFFF based on the 
results of such review that includes, at a minimum, best 
practices and recommended requirements to ensure the 
following: 
(1) The supervision by personnel trained in re-
sponding to spills of AFFF of each material transfer 
or maintenance activity of the Department of De-
fense 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 Depart-
ment in the vicinity of such drains or basins.
178 
(3) The storage of materials for the cleanup 
and containment of AFFF in close proximity to fire 
suppression systems in buildings of the Department 
and the presence of such materials during any trans-
fer or activity specified in paragraph (1). 
(c) BRIEFING.—Not later than 30 days after the date 
on which the Secretary issues the guidance under sub-
section (b), the Secretary shall provide to the congres-
sional defense committees a briefing that summarizes the 
results of the review 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 
STANDARD 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 
emissions control standard operating procedures across 
the joint force.
179 
(b) STANDARDS REQUIRED.—Not later than 60 days 
after completing the review under subsection (a), the Sec-
retary of Defense shall direct the Secretary of each of the 
military departments to establish standard operating pro-
cedures, down to the battalion or equivalent level, per-
taining to emissions control discipline during all manner 
of operations. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on the im-
plementation status of the standards required under sub-
section (b) by each of the military departments, includ-
ing— 
(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.
180 
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 
projects focused on the development of long-duration en-
ergy storage technologies. 
(b) SELECTION OF PROJECTS.—To the maximum ex-
tent practicable, in selecting demonstration projects to 
participate in the demonstration initiative under sub-
section (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 dem-
onstration initiative under subsection (a), the Sec-
retary 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-dura-
tion energy storage technologies at different 
scales to promote energy resiliency; and
181 
(B) to help new, innovative long-duration 
energy storage technologies become commer-
cially viable. 
(2) MEMORANDUM OF UNDERSTANDING.—Not 
later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall enter into 
a memorandum of understanding with the Secretary 
of Energy to administer the joint program. 
(3) INFRASTRUCTURE.—In carrying out the 
joint program, the Secretary of Defense and the Sec-
retary 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 
Defense and the Secretary of Energy shall develop 
goals and metrics for technological progress under 
the joint program consistent with energy resilience 
and energy security policies. 
(5) SELECTION OF PROJECTS.—
182 
(A) IN GENERAL.—To the maximum ex-
tent practicable, in selecting projects to partici-
pate in the joint program, the Secretary of De-
fense and the Secretary of Energy may— 
(i) ensure that projects are carried 
out under conditions that represent a vari-
ety of environments with different physical 
conditions and market constraints; and 
(ii) ensure an appropriate balance 
of— 
(I) 
larger, 
operationally-scaled 
projects, adapting commercially-prov-
en 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 de-
ployment of long-duration energy storage 
technologies that promote energy resil-
iency; and
183 
(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 
conduct a pilot program at two or more geographically di-
verse Department of Defense facilities for the use of sus-
tainable aviation fuel. Such program shall be designed 
to— 
(1) identify any logistical challenges with re-
spect to the use of sustainable aviation fuel by the 
Department 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 ex-
plore opportunities and challenges to partner on in-
creased 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 di-
verse Department facilities at which to carry out the 
pilot program. At least one such facility shall be a
184 
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 Infra-
structure of the House of Representatives notice of 
the selection, including an identification of the facil-
ity selected. 
(c) USE OF SUSTAINABLE AVIATION FUEL.— 
(1) PLANS.—For each facility selected under 
subsection (b), not later than one year after the se-
lection 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 avia-
tion fuel; 
(B) submit the plan to the Committee on 
Armed Services and the Committee on Trans-
portation and Infrastructure of the House of 
Representatives; and
185 
(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 oper-
ators. 
(2) IMPLEMENTATION OF PLANS.—For each fa-
cility selected under subsection (b), during the pe-
riod beginning on a date that is not later than Sep-
tember 30, 2028, and for five years thereafter, the 
Secretary shall require, in accordance with the re-
spective plan developed under paragraph (1), the ex-
clusive 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:
186 
(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 require-
ments of the Department of Defense and the Armed 
Forces. 
(e) WAIVER.—The Secretary may waive the use of 
sustainable aviation fuel at a facility under the pilot pro-
gram 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 
(2) submits to the congressional defense com-
mittees notice of such waiver and the reasons for 
such waiver. 
(f) FINAL REPORT.—At the conclusion of the pilot 
program, the Assistant Secretary of Defense for Energy, 
Installations, and Environment shall submit to the Com-
mittee on Armed Services and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives a final report on the pilot program. Such report shall 
include each of the following:
187 
(1) An assessment of the effect of using sus-
tainable aviation fuel on the overall fuel costs of 
blended fuel. 
(2) A description of any operational, infrastruc-
ture, or logistical requirements and recommenda-
tions for the blending and use of sustainable aviation 
fuel, with a focus on scaling up military-wide adop-
tion 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. 
(4) A description of the effects on performance 
and operation aircraft using sustainable aviation fuel 
including— 
(A) if used, considerations of various 
blending 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
188 
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 
aviation fuel on emissions and air quality; 
(F) the effect of the use of sustainable 
aviation fuel on the environment and on sur-
rounding communities, including environmental 
justice factors that are created by the demand 
for and use of sustainable aviation fuel by the 
Department of Defense; and 
(G) benefits with respect to job creation in 
the sustainable aviation fuel production and 
supply chain. 
(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);
189 
(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 doc-
uments, implementation elements, and any other 
technical guidance, for sustainable aviation fuels 
that are adopted by the International Civil Aviation 
Organization with the agreement of the United 
States. 
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 Research Service, shall jointly carry out a 
study on the bioremediation of PFAS using mycological
190 
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 
Committee on Agriculture and the Committee on Armed 
Services of the House or Representatives and the Com-
mittee on Agriculture, Forestry, and Nutrition and the 
Committee on Armed Services of the Senate a report on 
the study conducted pursuant to subsection (a). 
(c) PFAS.—In this section, the term ‘‘PFAS’’ means 
per- and polyfluoroalkyl substances. 
SEC. 328. REPORT ON AIR FORCE PROGRESS REGARDING 
CONTAMINATED REAL PROPERTY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Air Force has contaminated property 
across 
the 
United 
States 
with 
harmful 
perfluorooctanoic acid and perfluorooctane sulfonate 
chemicals; 
(2) perfluorooctanoic acid and perfluorooctane 
sulfonate contamination threatens the jobs, lives, 
and livelihoods of citizens and livestock who live in 
contaminated areas;
191 
(3) property owners, especially those facing se-
vere financial hardship, cannot wait any longer for 
the Air Force to acquire contaminated property; and 
(4) the Air Force should, in an expeditious 
manner, use the authority under section 344 of the 
National Defense Authorization Act 2020 (Public 
Law 116–92; 10 U.S.C. 2701 note) to acquire con-
taminated property and provide relocation assist-
ance. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of the Air 
Force shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on 
the progress of the Air Force in carrying out section 344 
of the National Defense Authorization Act 2020 (Public 
Law 116–92; 10 U.S.C. 2701 note). Such report shall in-
clude— 
(1) a detailed description of any real property 
contaminated 
by 
perfluorooctanoic 
acid 
and 
perfluorooctane sulfonate by the Air Force; 
(2) a description of any progress made by the 
Air Force to acquire property or provide relocation 
assistance pursuant to such section 344; and
192 
(3) if the Air Force has not acquired property 
or provided relocation assistance pursuant to such 
section, an explanation of why it has not. 
SEC. 329. ENERGY, WATER, AND WASTE NET ZERO RE-
QUIREMENTS FOR CONSTRUCTION OF NEW 
BUILDINGS. 
(a) REQUIREMENTS DESCRIBED.—For fiscal year 
2022 and any subsequent fiscal year, the Secretary of De-
fense shall improve building efficiency, performance, and 
management by ensuring that the new construction of any 
Department of Defense building larger than 5,000 gross 
square feet that enters the planning process is designed 
to achieve energy net-zero and water or waste net-zero by 
fiscal year 2035. 
(b) WAIVER FOR NATIONAL SECURITY.—The Sec-
retary may waive the requirement of subsection (a) with 
respect to a building if the Secretary provides the Commit-
tees on Armed Services of the House of Representatives 
and Senate with a certification that the application of such 
requirement would be detrimental to national security. 
(c) STATUS REPORT AND BRIEFINGS ON PROGRESS 
TOWARDS MEETING CURRENT GOAL REGARDING USE OF 
RENEWABLE
ENERGY
TO
MEET
FACILITY
ENERGY 
NEEDS.—Section 2911(g) of title 10, United States Code,
193 
is amended by adding at the end the following new para-
graph: 
‘‘(4) The Secretary of Defense shall— 
‘‘(A) not later than 180 days after the date of 
the enactment of this paragraph, submit a report to 
the Committees on Armed Services of the House of 
Representatives and Senate on the progress the Sec-
retary has made towards meeting the goal described 
in paragraph (1)(A) with respect to fiscal year 2025; 
and 
‘‘(B) during fiscal year 2022 and each suc-
ceeding fiscal year through fiscal year 2025, provide 
a briefing to the Committees on Armed Services of 
the House of Representatives and Senate on the 
progress the Secretary has made towards meeting 
the goal described in paragraph (1)(A) with respect 
to fiscal year 2025.’’. 
SEC. 330. REVIEW OF AGREEMENTS WITH NON-DEPART-
MENT ENTITIES WITH RESPECT 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 mutual support 
agreements entered into with non-Department of Defense
194 
entities (including State and local entities) that involve 
fire suppression activities in support of missions of the De-
partment. 
(b) MATTERS.—The review under subsection (a) shall 
assess, with respect to the agreements specified in such 
subsection, the following: 
(1) The preventative maintenance guidelines 
specified in such agreements for fire trucks and fire 
suppression systems, to mitigate the risk of equip-
ment failure that may result in a spill of aqueous 
film-forming foam (in this section referred to as 
‘‘AFFF’’). 
(2) Any requirements specified in such agree-
ments for the use of personal protective equipment 
by personnel when conducting a material transfer or 
maintenance activity pursuant to the agreement that 
may result in a spill of AFFF, or when conducting 
remediation activities for such a spill, including re-
quirements for side-shield safety glasses, latex 
gloves, and respiratory protection equipment. 
(3) The methods by which the Secretary, or the 
non-Department entity with which the Secretary has 
entered into the agreement, ensures compliance with 
guidance specified in the agreement with respect to 
the use of such personal protective equipment.
195 
(c) GUIDANCE.—Not later than 90 days after the 
date on which the Secretary completes the review under 
subsection (a), the Secretary shall issue guidance (based 
on the results of such review) on requirements to include 
under the agreements specified in such subsection, to en-
sure the prevention and mitigation of spills of AFFF. 
Such guidance shall include, at a minimum, best practices 
and recommended requirements to ensure the following: 
(1) The supervision by personnel trained in re-
sponding to spills of AFFF of each material transfer 
or maintenance activity carried out pursuant to such 
an agreement that may result in such a spill. 
(2) The use of containment berms and the cov-
ering of storm drains and catch basins by personnel 
performing maintenance activities pursuant to such 
an agreement in the vicinity of such drains or ba-
sins. 
(3) The storage of materials for the cleanup 
and containment of AFFF in close proximity to fire 
suppression systems in buildings of the Department 
and the presence of such materials during any trans-
fer or activity specified in paragraph (1). 
(d) BRIEFING.—Not later than 30 days after the date 
on which the Secretary issues the guidance under sub-
section (c), the Secretary shall provide to the congressional
196 
defense committees a briefing that summarizes the results 
of the review conducted under subsection (a) and the guid-
ance issued under subsection (c). 
SEC. 331. INSPECTION OF PIPING AND SUPPORT INFRA-
STRUCTURE AT RED HILL BULK FUEL STOR-
AGE FACILITY, HAWAI‘I. 
(a) FINDINGS.—Congress finds the following: 
(1) The continued availability and use of the 
Red Hill Bulk Fuel Storage Facility in Honolulu, 
Hawai‘i is a matter of national security. Persistent 
fuel availability in quantity, location, and secured 
siting is a key component in ensuring resilient 
logistical support for sustained forward operations in 
the Indo-Pacific region and the execution of the Na-
tional Defense Strategy, including the objectives of 
maintaining a free and open Indo-Pacific. 
(2) The Red Hill Bulk Fuel Facility is con-
structed in basalt rock that overlays a key aquifer 
serving as one of the major ground water resources 
for the fresh water needs of the City of Honolulu, 
including key military installations and associated 
facilities. Past leaks from the tanks and other infra-
structure of the Red Hill Bulk Fuel Storage Facil-
ity, while not resulting in any appreciable effect to 
the aquifer, raise significant questions whether the
197 
facility is being operated and maintained to the 
highest standard possible and whether the facility 
presents a material risk to the aquifer and to Hono-
lulu water resources. 
(3) Safety inspections of the Red Hill Bulk 
Fuel Storage Facility at 10-year intervals, as re-
quired by the American Petroleum Institute 570 
standards, set the upper boundaries for inspections. 
(b) SENSE OF CONGRESS.—In order to fully effec-
tuate national security, assure the maximum safe utiliza-
tion of the Red Hill Bulk Fuel Storage Facility, and fully 
address concerns as to potential impacts of the facility on 
public health, it is the sense of Congress that the Sec-
retary of the Navy and the Defense Logistics Agency 
should— 
(1) operate and maintain the Red Hill Bulk 
Fuel Storage Facility to the highest standard pos-
sible; and 
(2) require safety inspections to be conducted 
more frequently based on the corrosion rate of the 
piping and overall condition of the pipeline system 
and support equipment at the facility. 
(c) INSPECTION REQUIREMENT.— 
(1) INSPECTION REQUIRED.—The Secretary of 
the Navy shall direct the Naval Facilities Engineer-
198 
ing Command to conduct an inspection of the pipe-
line system, supporting infrastructure, and appur-
tenances, including valves and any other corrosion 
prone equipment, at the Red Hill Bulk Fuel Storage 
Facility. 
(2) INSPECTION AGENT; STANDARDS.—The in-
spection required by this subsection shall be per-
formed— 
(A) by an independent American Petro-
leum Institute certified inspector who will 
present findings of the inspection and options 
to the Secretary of the Navy for improving the 
integrity of the Red Hill Bulk Fuel Storage Fa-
cility and its appurtenances; and 
(B) in accordance with the Unified Facili-
ties Criteria (UFC-3-460-03) and American Pe-
troleum Institute 570 inspection standards. 
(3) EXCEPTION.—The inspection required by 
this subsection excludes the fuel tanks at the Red 
Hill Bulk Fuel Storage Facility. 
(d) LIFE-CYCLE SUSTAINMENT PLAN.—In conjunc-
tion with the inspection required by subsection (c), the 
Naval Facilities Engineering Command shall prepare a 
life-cycle sustainment plan for the Red Hill Bulk Fuel 
Storage Facility, which shall consider the current condi-
199 
tion and service life of the tanks, pipeline system, and sup-
port equipment. 
(e) SUBMISSION OF RESULTS AND PLAN.—Not later 
than one year after the date of the enactment of this Act, 
the Secretary of the Navy shall submit to the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives a report containing— 
(1) the results of the inspection conducted 
under subsection (c); 
(2) the life-cycle sustainment plan prepared 
under subsection (d); and 
(3) options on improving the security and main-
tenance of the Red Hill Bulk Fuel Storage Facility. 
SEC. 332. AMENDMENT TO BUDGETING OF DEPARTMENT 
OF DEFENSE RELATING TO EXTREME WEATH-
ER. 
Section 328(a) of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 
221 note) is amended— 
(1) in paragraph (1), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (2) the fol-
lowing:
200 
‘‘(3) a calculation of the annual costs to the 
Department for assistance provided to— 
‘‘(A) the Federal Emergency Management 
Agency or Federal land management agencies— 
‘‘(i) pursuant to requests for such as-
sistance; and 
‘‘(ii) approved under the National 
Interagency Fire Center; and 
‘‘(B) any State, Territory, or possession 
under title 10 or title 32, United States Code, 
regarding extreme weather.’’. 
SEC. 333. SENSE OF CONGRESS REGARDING ELECTRIC OR 
ZERO-EMISSION VEHICLES FOR NON-COMBAT 
VEHICLE FLEET. 
It is the sense of Congress that any new non-tactical 
Federal vehicle purchased by the Department of Defense 
for use outside of combat should, to the greatest extent 
practicable, be an electric or zero-emission vehicle. 
SEC. 334. PILOT PROGRAM TO TEST NEW SOFTWARE TO 
TRACK EMISSIONS AT CERTAIN MILITARY IN-
STALLATIONS. 
(a) IN GENERAL.—The Secretary of Defense may 
conduct a pilot program (to be known as the ‘‘Installations 
Emissions Tracking Program’’) to evaluate the feasibility 
and effectiveness of software and emerging technologies
201 
and methodologies to track real-time emissions from in-
stallations and installation assets. 
(b) GOALS.—The goals of the Installations Emissions 
Tracking Program are— 
(1) to prove software and emerging tech-
nologies, methodologies, and capabilities to effec-
tively track emissions in real time; and 
(2) to reduce energy costs and increase effi-
ciencies. 
(c) LOCATIONS.—If the Secretary conducts the In-
stallations Emissions Tracking Program, the Secretary 
shall select, for purposes of the Program, four major mili-
tary installations located in different geographical regions 
of the United States that the Secretary determines— 
(1) are prone to producing higher emissions; 
(2) are in regions that historically have poor air 
quality; and 
(3) have historically higher than average utility 
costs. 
SEC. 335. DEPARTMENT OF DEFENSE PLAN TO MEET 
SCIENCE-BASED EMISSIONS TARGETS. 
(a) PLAN REQUIRED.—Not later than September 30, 
2022, the Secretary of Defense shall submit to Congress 
a plan to reduce the greenhouse gas emissions of the De-
partment of Defense, including Department of Defense
202 
functions that are performed by contractors, in line with 
science-based emissions targets. 
(b) UPDATES.—The Secretary shall submit to Con-
gress annual reports on the progress of the Department 
of Defense toward meeting the science-based emissions 
targets in the plan required by subsection (a). 
(c) SCIENCE-BASED EMISSIONS TARGET.—In this 
section, the term ‘‘science-based emissions target’’ means 
a reduction in greenhouse gas emissions consistent with 
preventing an increase in global average temperature of 
greater than or equal to 1.5 degrees Celsius compared to 
pre-industrial levels. 
SEC. 336. REPORT ON CLEAN UP OF CONTAMINATED ARMY 
PROPERTY. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) There are numerous properties that were 
under the jurisdiction of the Department of the 
Army, such as former Nike missile sites, but that 
have been transferred to units of local government. 
(2) Many of these properties may remain pol-
luted because of activity by the Department of De-
fense. 
(3) This pollution may inhibit the use of these 
properties for commercial or residential purposes.
203 
(4) Knowledge and understanding of the im-
pacts of contaminants from Department of Defense 
activities have developed and changed over time. 
(5) The Department of Defense has an obliga-
tion to facilitate the clean-up of such pollutants even 
after the sites have been transferred to local govern-
ments. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Army 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report that con-
tains each of the following: 
(1) A plan to facilitate the clean-up of each 
contaminated property that was under the jurisdic-
tion of the Department of the Army and subse-
quently transferred to a unit of local government. 
(2) An identification of any site where the De-
partment of the Army has previously conducted 
clean-up activities but due to contaminants not dis-
covered until after transfer or newly identified con-
taminants, additional clean-up may be necessary. 
(3) An explanation of how any site identified 
under paragraph (2) is to be prioritized relative to 
other sites, such as active sites or sites set for trans-
fer.
204 
(4) A detailed plan to conduct preliminary as-
sessments and site inspections for each site identi-
fied under paragraph (2) by not later than five years 
after the date of the submittal of the report. 
SEC. 337. GRANTS FOR MAINTAINING OR IMPROVING MILI-
TARY INSTALLATION RESILIENCE. 
Section 2391 of title 10, United States Code, is 
amended— 
(1) in subsection (b)(5), by adding at the end 
the following new subparagraph: 
‘‘(D)(i) The Secretary of Defense may also make 
grants, conclude cooperative agreements, and supplement 
other Federal funds, in order to assist a State or local 
government in planning and implementing measures and 
projects that, as determined by the Secretary of Defense, 
will contribute to maintaining or improving military instal-
lation resilience. Amounts appropriated or otherwise made 
available for assistance under this subparagraph shall re-
main available until expended. 
‘‘(ii) In the case of funds provided under this sub-
paragraph for projects involving the preservation, mainte-
nance, or restoration of natural features for the purpose 
of maintaining or enhancing military installation resil-
ience, such funds may be provided in a lump sum and in-
clude an amount intended to cover the future costs of the
205 
natural resource maintenance and improvement activities 
required for the preservation, maintenance, or restoration 
of such natural features, and may be placed by the recipi-
ent in an interest-bearing or other investment account, 
and any interest or income shall be applied for the same 
purposes as the principal.’’; and 
(2) in subsection (e)(1), by striking ‘‘subsection 
(b)(1)(D)’’ inserting ‘‘paragraphs (1)(D) and (E) 
and (5)(D) of subsection (b) and subsection (d)’’. 
SEC. 338. INCLUSION OF INFORMATION REGARDING CLI-
MATE CHANGE IN REPORTS ON NATIONAL 
TECHNOLOGY AND INDUSTRIAL BASE. 
Section 2504(3)(B) of title 10, United States Code, 
is amended— 
(1) by redesignating clauses (i) through (iii) as 
clauses (ii) through (iv), respectively; and 
(2) by inserting before clause (ii), as so redesig-
nated, the following new clause (i): 
‘‘(i) vulnerabilities related to the cur-
rent and projected impacts of climate 
change and to cyberattacks or disrup-
tions;’’.
206 
SEC. 339. SENSE OF CONGRESS REGARDING REPORT OF 
THE INTERGOVERNMENTAL PANEL ON CLI-
MATE CHANGE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Intergovernmental Panel on Climate 
Change has provided valuable scientific assessments 
on climate change since its creation in 1988. 
(2) The first part of the Sixth Assessment Re-
port, Climate Change 2021: The Physical Science 
Basis, was finalized on August 6, 2021. 
(3) The report finds that the global average 
temperature is expected to reach or exceed 1.5 de-
grees celsius above pre-industrial levels within the 
coming decades without immediate and large-scale 
efforts to reduce greenhouse gas emissions. 
(4) This increase in global temperature will af-
fect all regions of the world, impacting weather pat-
terns, sea levels, ocean temperatures, biodiversity, 
and more. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Department of Defense should take the 
most recent report of the Intergovernmental Panel 
on Climate Change into consideration when carrying 
out resiliency efforts and making energy and trans-
207 
portation decisions for military bases and installa-
tions; and 
(2) the Department of Defense should consider 
adding the recommendations of the Sixth Assess-
ment Report to the Unified Facilities Criteria where 
appropriate. 
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:
208 
‘‘(1) require the Secretaries concerned and the 
commanders of the combatant commands to assess 
the energy supportability in contested logistics envi-
ronments of systems, capabilities, and plans;’’; 
(D) in paragraph (2), by inserting ‘‘ 
supportability in contested logistics environ-
ments,’’ after ‘‘power,’’; and 
(E) in paragraph (3), by inserting ‘‘in con-
tested 
logistics 
environments’’ 
after 
‘‘vulnerabilities’’. 
(b) ESTABLISHMENT OF WORKING GROUP.—Such 
section 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 
‘‘components’’; 
(B) in paragraph (1), by striking ‘‘Defense 
and oversee’’ and inserting ‘‘Defense, including 
the activities of the working group established 
under subsection (d), and oversee’’; 
(C) in paragraph (2), by inserting ‘‘, tak-
ing into account the findings of the working 
group under subsection (d)’’ after ‘‘Defense’’; 
and
209 
(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 amend-
ed by paragraph (1), the following new subsection: 
‘‘(d) WORKING GROUP.—(1) The Secretary of De-
fense shall establish a working group to integrate efforts 
to mitigate contested logistics challenges through the re-
duction 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 
operational energy plans and programs to be carried out 
pursuant 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
210 
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 combat-
ant command to represent such combatant com-
mand. 
‘‘(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 rep-
resents. 
‘‘(5) The duties of the working group under para-
graph (1) shall be as follows: 
‘‘(A) Planning for the integration of efforts to 
mitigate contested logistics challenges through the 
reduction of operational energy demand carried out 
within each armed force, across the armed forces, 
and with the Office of the Secretary of Defense.
211 
‘‘(B) Developing recommendations regarding 
the strategy for operational energy under subsection 
(e). 
‘‘(C) Developing recommendations relating to 
the development of, and modernization efforts for, 
platforms and weapons systems of the armed forces. 
‘‘(D) Developing recommendations to ensure 
that such development and modernization efforts 
lead to increased lethality, extended range, and ex-
tended on-station time for tactical assets. 
‘‘(E) Developing recommendations to mitigate 
the effects of hostile action by a near-peer adversary 
targeting operational energy storage and operations 
of the armed forces, including through the use of in-
novative delivery systems, distributed storage, flexi-
ble contracting, 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 
military department’’ and inserting ‘‘con-
212 
ducted by the respective component of the 
Department that the member represents 
for purposes of the working group’’; and 
(B) in paragraph (2), by striking ‘‘military 
department’’ and inserting ‘‘armed force’’. 
(c) MODIFICATIONS
TO
OPERATIONAL
ENERGY 
STRATEGY.—Subsection (e) of such section, as redesig-
nated by subsection (b)(2), is amended to read as follows: 
‘‘(1) The Assistant Secretary of Defense for Energy, 
Installations, and Environment, in coordination with the 
working group under subsection (d), shall be responsible 
for the establishment and maintenance of a department- 
wide transformational strategy for operational energy. The 
strategy shall be updated every five years and shall estab-
lish near-term, mid-term, and long-term goals, perform-
ance 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.
213 
‘‘(B) An assessment of how industry trends 
transitioning from the production of internal com-
bustion engines to the development and production 
of alternative propulsion systems may affect the 
long-term availability of parts for military equip-
ment, the fuel costs for such equipment, and the 
sustainability of such equipment. 
‘‘(C) An assessment of any 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. 
‘‘(D) An assessment of any risks or opportuni-
ties related to the development of tactical vehicles or 
other military equipment that use alternative propul-
sion systems, including any such risks or opportuni-
ties with respect the supply chain or resupply capa-
bilities 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 envi-
ronment, including through innovative delivery sys-
214 
tems, distributed storage, flexible contracting, and 
improved automation. 
‘‘(F) An assessment of any infrastructure in-
vestments of allied and partner countries that may 
affect operational energy availability in the event of 
a conflict with a near-peer adversary. 
‘‘(3) By authority of the Secretary of Defense, and 
taking into consideration the findings of the working 
group, the Assistant Secretary shall prescribe policies and 
procedures for the implementation of the strategy and 
make recommendations to the Secretary of Defense and 
Deputy Secretary of Defense with respect to specific oper-
ational energy plans and programs to be carried out pur-
suant to the strategy. 
‘‘(4) Not later than 30 days after the date on which 
the budget for fiscal year 2024 is submitted to Congress 
pursuant to section 1105 of title 31, and every five years 
thereafter, the Assistant Secretary shall submit to the con-
gressional defense committees the strategy required under 
paragraph (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-
215 
gage in conflict with an adversary that presents 
challenges in all domains and directly targets logis-
tics operations, 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.’’. 
(e) CONFORMING AMENDMENT.—Section 2926(c)(5) 
of title 10, United States Code, is amended by striking 
‘‘subsection (e)(4)’’ and inserting ‘‘subsection (f)(4)’’. 
(f) INTERIM REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Assistant Sec-
retary of Defense for Energy, Installations, and Environ-
ment 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 in-
clude an update regarding the establishment of the work-
ing group under section 2926(d) of title 10, United States 
Code, as amended by subsection (b).
216 
SEC. 342. GLOBAL BULK FUEL MANAGEMENT AND DELIV-
ERY. 
(a) DESIGNATION
OF RESPONSIBLE COMBATANT 
COMMAND.— 
(1) DESIGNATION REQUIRED.—Subchapter III 
of chapter 173 of title 10, United States Code, is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 2927. Global bulk fuel management and delivery 
‘‘The Secretary of Defense shall designate a combat-
ant command to be responsible for bulk fuel management 
and delivery of the Department on a global basis.’’. 
(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 enact-
ment 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.
217 
(b) GLOBAL BULK FUEL MANAGEMENT STRAT-
EGY.— 
(1) STRATEGY REQUIRED.—The commander of 
the combatant command designated under section 
2927 of title 10, United States Code (as added by 
subsection (a)), shall prepare and submit to the con-
gressional defense committees a strategy to develop 
the infrastructure and programs necessary to opti-
mally support global bulk fuel management of the 
Department of Defense. 
(2) ADDITIONAL
ELEMENTS.—The strategy 
under paragraph (1) shall include the following addi-
tional elements: 
(A) A description of the current organiza-
tional responsibility for bulk fuel management 
of the Department, organized by geographic 
combatant command, including with respect to 
ordering, storage, and strategic and tactical 
transportation. 
(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
218 
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 
managing fuel constraints by decreasing de-
mand for fuel. 
(F) An assessment of current and pro-
jected threats to forward-based bulk fuel deliv-
ery, storage, and distribution systems, and an 
assessment, based on such current and pro-
jected threats, of attrition to bulk fuel infra-
structure, including storage and distribution 
systems, in a conflict involving near-peer for-
eign countries. 
(G) An assessment of current days of sup-
ply guidance, petroleum war reserve require-
ments, and prepositioned war reserve stocks, 
based on operational tempo associated with dis-
tributed operations in a contested environment. 
(H) An identification of the resources re-
quired to address any changes to such guid-
219 
ance, requirements, or stocks recommended as 
the result of such assessment. 
(I) An identification of any global shortfall 
with respect to bulk fuel management, orga-
nized 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 De-
fense Logistics Agency, and the military depart-
ments. 
(c) LIMITATION ON AVAILABILITY OF FUNDS FOR 
DEFENSE LOGISTICS AGENCY (ENERGY).—Of the funds 
authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2022 for the Defense Logis-
tics Agency (Energy), not more than 50 percent may be 
obligated 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—
220 
(1) in subsection (b), by striking ‘‘The organi-
zational 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— 
(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 pro-
gram); and 
(2) provide to the Committee on Armed Serv-
ices of the House of Representatives a briefing on 
such review, including any findings of the Comp-
troller General as a result of such review.
221 
(b) ELEMENTS.—Each review under subsection 
(a)(1) shall include an assessment of the following: 
(1) The status of the sustainment strategy of 
the Department for the F–35 Lightning II aircraft 
program. 
(2) The Department oversight and prime 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 importance 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 
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 report on the matters covered by the briefing.
222 
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 
Defense shall commence a one-year pilot program to test 
and evaluate the use of covered biobased solutions as alter-
natives to current solutions for the control and mitigation 
of corrosion. 
(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 exist-
ing 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 
requirements: 
(1) The solution is capable of being produced 
domestically. 
(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-
223 
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 solution for the control and mitigation of corrosion that 
is domestically 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 Sec-
retary of the Defense shall initiate a pilot program under 
which the Secretary shall provide for the digitization of 
the facilities 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 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.
224 
(2) The modeling and simulation of optimized 
facility configuration, logistics systems, and proc-
esses. 
(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 com-
pletion 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 Rep-
resentatives a report on the pilot program. Such report 
shall include— 
(1) a description of the efficiencies identified 
under the pilot program; 
(2) a description of the infrastructure, work-
force, and capital equipment investments necessary 
to achieve such efficiencies;
225 
(3) the plan of the Secretary to undertake such 
investments; and 
(4) the assessment of the Secretary of the po-
tential applicability of the findings of the pilot pro-
gram to other covered depots. 
(d) COVERED DEPOT DEFINED.—In this section, the 
term ‘‘covered depot’’ includes any depot covered under 
section 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 Sec-
retaries of each of the military departments, and the 
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
226 
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 
designated as critical defense facilities at which to carry 
out the pilot program under this section. In selecting such 
installations, the Secretary shall— 
(1) ensure that at least one of the military in-
stallations selected is an installation of each of 
Armed Forces; 
(2) select installations that represent different 
challenges or severities with respect to electric infra-
structure vulnerability;
227 
(3) select at least one critical defense facility 
within the service territory of a Power Marketing 
Administration; 
(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 congres-
sional committees a report on the results of the 
review. 
(2) CONTENTS.—The review required under 
this subsection shall include an assessment of the ef-
fectiveness of the mitigating actions taken under the
228 
pilot program and the feasibility of expanding the 
implementation of such mitigating actions at other 
installations identified under section 215A(a)(4) of 
the Federal 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 Re-
sources of the Senate. 
(2) The term ‘‘defense critical electric infra-
structure’’ 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)). 
(4) The term ‘‘mitigating action’’ means any 
energy resiliency solution applied that is consistent 
with an assessed strategy to reduce vulnerabilities at
229 
critical defense facilities and associated defense crit-
ical electric infrastructure. 
SEC. 347. REPORT AND CERTIFICATION REQUIREMENTS 
REGARDING SUSTAINMENT COSTS FOR F–35 
AIRCRAFT PROGRAM. 
(a) REPORT.—Not later than March 1, 2022, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on sustainment costs for the 
F–35 aircraft program. Such report shall include the fol-
lowing: 
(1) A detailed description and explanation of, 
and the actual cost data related to, sustainment 
costs for the F–35 aircraft program, including an 
identification and assessment of cost elements attrib-
utable to the Federal Government or to contractors 
(disaggregated by the entity responsible for each 
portion of the cost element, including at the prime 
contractor and major subcontractor levels) with re-
spect 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 
and disaggregated by aircraft variant) for the fol-
lowing years:
230 
(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 procure-
ment of the program of record number of F–35 
aircraft 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 2022 through 2026, expressed in cost 
per tail per year format. 
(b) ANNUAL CERTIFICATION.—
231 
(1) CERTIFICATIONS.—Not later than Decem-
ber 31 of each of the years 2022 through 2026, the 
Secretary of Defense shall submit to the congres-
sional defense committees a certification indicating 
whether the F–35 aircraft program met the 
sustainment cost metrics identified pursuant to sub-
section (a)(4) with respect to the fiscal year for 
which the report is submitted. 
(2) JUSTIFICATION.—If a certification under 
paragraph (1) indicates that the sustainment cost 
metrics for the respective year were not met, the 
Secretary shall submit to the congressional defense 
committees 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 in-
dicated 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-
232 
duce sustainment costs for the F–35 aircraft pro-
gram. 
(d) COST PER TAIL PER YEAR DEFINED.—In this 
section, the term ‘‘cost per tail per year’’ means the aver-
age annual operating and support cost (as estimated pur-
suant to a formula determined by the Secretary) per air-
craft. 
SEC. 348. REPORT ON MAINTENANCE AND REPAIR OF AIR-
CRAFT TURBINE ENGINE ROTORS. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the inventory, maintenance, and repair of aircraft 
turbine engine rotors by the Department of Defense. Such 
report shall include information (disaggregated by aircraft 
type and military department) as follows: 
(1) A total inventory of all replacement aircraft 
turbine engine rotors produced or procured by De-
partment. 
(2) The total production and procurement costs 
in fiscal year 2021 for such replacement rotors. 
(3) The projected production and procurement 
costs for such replacement rotors for fiscal years 
2022, 2023, and 2024.
233 
(4) Any funds invested by the Department to 
modernize the maintenance and repair of aircraft 
turbine engine rotors, and to lower associated costs. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may have a classified 
annex. 
SEC. 349. BRIEFING ON AIR FORCE PLAN FOR CERTAIN 
AEROSPACE 
GROUND 
EQUIPMENT 
MOD-
ERNIZATION. 
Not later than March 1, 2022, the Secretary of the 
Air Force shall provide a briefing to the Committee on 
Armed Services of the House of Representatives on cur-
rent and future plans for the replacement of aging aero-
space ground equipment, which shall include— 
(1) an analysis of the average yearly cost to the 
Air Force of maintaining legacy and out-of-produc-
tion A/M32A-60 and A/M32C-10 air start carts; 
(2) a comparison of the cost of reconditioning 
these existing legacy systems compared to the cost 
of replacing them with next-generation air start 
carts; 
(3) an analysis of the long-term maintenance 
and fuel savings that would be realized by the Air 
Force if the legacy systems were upgraded to next- 
generation air start carts;
234 
(4) an analysis of the tactical and logistical 
benefits of transitioning from multi-component aero-
space ground equipment systems to modern all-in- 
one systems; and 
(5) an overview of existing and future plans to 
replace legacy air start carts with modern aerospace 
ground equipment technology. 
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 amend-
ed to read as follows: 
‘‘(B) A notice of presumed risk issued pursuant to 
subparagraph (A) is a preliminary assessment only and 
is not a finding of unacceptable risk under subsection (e). 
A discussion of mitigation actions could resolve the con-
cerns identified by the Department in the preliminary as-
sessment in favor of the applicant.’’.
235 
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 following 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; 
COMPENSA-
TION.—(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 Dep-
uty 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.
236 
‘‘(H) A member of the Senior Executive Service 
from the Office of the Under Secretary for Acquisi-
tion and Sustainment, appointed by the Deputy Sec-
retary of Defense. 
‘‘(2) The Council shall include the following non-vot-
ing members: 
‘‘(A) The Director of Safety for the Depart-
ment of the Army, who shall be appointed by the 
Secretary of the Army. 
‘‘(B) The Director of Safety for the Depart-
ment of the Air Force, who shall be appointed by the 
Secretary 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 De-
fense for Force Safety and Occupational Health, ap-
pointed 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.
237 
‘‘(4) Members of the Council may not receive addi-
tional pay, allowances, or benefits by reason of their serv-
ice on the Council. 
‘‘(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 re-
moved, 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 Exec-
utive 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.
238 
‘‘(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 equiva-
lent of 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 
Federal Aviation Administration, the National Transpor-
tation Safety Board, and any other Federal agency re-
garding 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.
239 
‘‘(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. 
‘‘(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 mili-
tary department to collect and analyze any waivers 
issued relating to pilot or operator qualifications or 
standards. 
‘‘(7) Establishing, in consultation with the 
heads of other Federal departments and agencies, as 
appropriate, a requirement for each military depart-
ment to implement a safety management system.
240 
‘‘(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. 
‘‘(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 
Deputy Secretary of Defense. 
‘‘(k) REPORT.—The Chair of the Council shall sub-
mit 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.’’.
241 
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 pro-
vide independent oversight and review of safety and legal 
investigations into the facts and circumstances sur-
rounding operational 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 unsatisfac-
tory, biased, incomplete, or insufficient investiga-
tions requiring subsequent review by the Board, in-
cluding whether the Board should review investiga-
tions 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 
section 352, and other components of the Depart-
ment of Defense could refer pending or completed 
safety and legal investigations to the Board for re-
view; 
(4) the process by which the Board would 
evaluate a particular safety or legal investigation for 
accuracy, thoroughness, and objectivity;
242 
(5) the requirements for and process by which 
the convening component of an investigation re-
viewed 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 
(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. 
(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 
establishing 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-
243 
cerned shall submit to the congressional defense commit-
tees and to the Comptroller General of the United States 
a plan to address the recommendations in the report of 
the Government Accountability Office entitled ‘‘Army and 
Marine Corps Should Take Additional Actions to Mitigate 
and Prevent Training Accidents’’ (GAO–21–361). Each 
such plan shall include, with respect to each recommenda-
tion in such report that the Secretary concerned has im-
plemented or intends to implement— 
(1) a summary of actions that have been or will 
be taken to implement the recommendation; and 
(2) a schedule, with specific milestones, for 
completing implementation of the recommendation. 
(b) DEADLINE FOR IMPLEMENTATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 18 months after the date 
of the enactment of this Act, each Secretary con-
cerned 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
244 
subsection (a) after the date specified in para-
graph (1) if, on or before such date, the Sec-
retary provides to the congressional defense 
committees a specific justification for the delay 
in implementation of such recommendation. 
(B) NONIMPLEMENTATION.—A Secretary 
concerned may decide not to implement a rec-
ommendation in the report referred to in sub-
section (a) if, on or before the date specified in 
paragraph (1), the Secretary provides to the 
congressional defense committees— 
(i) a specific justification for the 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.
245 
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 readi-
ness and safety of the operation of military tactical vehi-
cles. 
(b) PURPOSES.—The purposes of the pilot program 
are— 
(1) to allow for the automated identification of 
hazards and potential hazards on and off military 
installations; 
(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 
accident investigations; 
(5) to assess individual driver proficiency, risk, 
and readiness; 
(6) to increase consistency in the implementa-
tion of military installation and unit-level range safe-
ty programs across military installations and units;
246 
(7) to evaluate the feasibility of incorporating 
metrics generated from data recorders into the safe-
ty reporting systems and to the Defense Readiness 
Reporting 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 in-
cluding data recorders as a requirement in acquisi-
tion of military tactical vehicles; and 
(9) any other matters as determined by the 
Secretary concerned. 
(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 
recorders 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 
tactical vehicles under subsection (f) at selected in-
stallations for statistically significant results;
247 
(5) establish and maintain a database that con-
tains telemetry data, driver data, and event data 
captured 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 captured by the data recorders; 
(7) generate actionable data sets and statistics 
on individual, vehicle, and military installation; 
(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 
military installations to incorporate the actionable 
data sets and statistics into unit driver safety pro-
gram; 
(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
248 
(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 Secre-
taries shall develop a plan for implementing the pilot pro-
gram required under this section. 
(e) LOCATIONS.—Each Secretary concerned shall 
carry out the pilot program at not fewer than one military 
installation in the United States that meets the following 
conditions: 
(1) Contains the necessary force structure, 
equipment, and maneuver training ranges to collect 
driver and military tactical vehicle data during train-
ing 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:
249 
(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, 
assessing, 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, 
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 estab-
lished 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 de-
fense committees a report on the status of the pilot 
program, including the preliminary results in car-
rying out the pilot program, the metrics generated 
during the pilot program, disaggregated by military
250 
tactical vehicle, location, and service, and the imple-
mentation plan under subsection (d). 
(3) FINAL.—Not later than 90 days after the 
termination 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; 
(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 acqui-
sition of military tactical vehicles; 
(F) recommend whether the pilot program 
should be expanded or made into a program of 
record; and
251 
(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 tech-
nologies installed in a motor vehicle to record driver 
identification, 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
252 
(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; 
(D) vehicle orientation, including roll, 
pitch, and yaw; and 
(E) vehicle location in a geographic coordi-
nate system, including elevation. 
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL 
RECOMMENDATIONS RELATING TO MITIGA-
TION AND PREVENTION OF TRAINING ACCI-
DENTS. 
(a) REQUIREMENTS.—The Secretary of the Defense 
shall take such steps as may be necessary to carry out 
the following with respect to the Army, Navy, Marine 
Corps, and Air Force:
253 
(1) To develop more clearly defined roles for ve-
hicle commanders and establish mechanisms and 
procedures for tactical vehicle risk management to 
be used by first-line supervisors, including vehicle 
commanders. 
(2) To evaluate the number of personnel within 
operational units who are responsible for tactical ve-
hicle safety and determine if these units are appro-
priately staffed, or if any adjustments are needed to 
workloads or resource levels to implement oper-
ational unit ground-safety programs. 
(3) To ensure that tactical vehicle driver train-
ing programs, including licensing, unit, and follow- 
on training programs, have a well-defined process 
with specific performance criteria and measurable 
standards to identify driver skills and experience 
under diverse conditions. 
(4) To evaluate— 
(A) the extent to which ranges and train-
ing areas are fulfilling responsibilities to iden-
tify and communicate hazards to units; and 
(B) to the extent to which such responsibil-
ities are not being carried out, whether existing 
solutions are adequate or if additional resources 
should be applied to fulfill such responsibilities.
254 
(b) CONSULTATION REQUIREMENT.—The Secretary 
of the Army, the Secretary of the Navy, the Secretary of 
the Air Force, and the Commandant of the Marine Corps 
shall jointly establish a formal collaboration forum among 
Army, Navy, Air Force, and Marine Corps range officials 
through which such officials shall share methods for iden-
tifying and communicating hazards to units. 
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 as-
signed, or detailed outside the member’s as-
signed unit or away from training in order to 
perform any function that had been performed 
by civilian employees of the Federal Govern-
255 
ment or by contractors prior to such diversion, 
temporary assignment, or detail; and 
‘‘(B) whether such function is within the 
scope of the skills required for the military oc-
cupational specialty of such member of the 
armed forces.’’. 
SEC. 362. ANNUAL REPORT ON MISSING, LOST, AND STOLEN 
WEAPONS, LARGE AMOUNTS OF AMMUNI-
TION, DESTRUCTIVE DEVICES, AND EXPLO-
SIVE MATERIAL. 
(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 sub-
section (d); and 
(4) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) ANNUAL REPORT.—Not later than December 31 
each year, the Secretary shall submit to the congressional
256 
defense committees a report that includes, for the pre-
ceding year— 
‘‘(1) all instances of missing, lost, or stolen 
weapons, large amounts of ammunition, destructive 
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 de-
termines 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: report-
ing 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’’;
257 
(B) by inserting ‘‘a briefing and submit to 
such committees’’ after ‘‘congressional defense 
committees’’; and 
(C) by striking ‘‘setting forth’’ and insert-
ing ‘‘regarding’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘in an unclassified form 
that is releasable to the public without further 
redaction.’’ and inserting ‘‘in—’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(A) a classified form 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 Oper-
ations and Low-Intensity Conflict shall submit to the 
congressional defense committees a five-year strat-
258 
egy to support the efforts of the Secretaries con-
cerned to identify individuals who have proficiency in 
a critical language and to recruit and retain such in-
dividuals in the special operations forces of Armed 
Forces. 
(2) ELEMENTS.—The strategy under paragraph 
(1) shall include the following: 
(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.
259 
(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 mem-
bers of the special operation forces of each 
Armed Force who have proficiency in a foreign 
language. 
(G) A description of current and projected 
capabilities and activities that the Assistant 
Secretary determines are necessary to maintain 
proficiency in critical languages within the spe-
cial 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 
Secretary determines require proficiency in a 
critical language to support the Department of 
Defense 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
260 
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. 
(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 ini-
tial 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 
cor-
responding year, including a justification for 
any such variance. 
(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 crit-
261 
ical 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 
(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 mili-
taries— 
(i) the percentage of such members 
who maintain proficiency in a foreign lan-
guage 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 
special operations force who have proficiency in
262 
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: 
(1) The term ‘‘critical language’’ means a lan-
guage identified by the Director of the National Se-
curity Education Program as critical to national se-
curity. 
(2) The term ‘‘proficiency’’ means proficiency 
in a language, as assessed by the Defense Language 
Proficiency Test. 
(3) The term ‘‘Secretary concerned’’ has the 
meaning given such term in section 101 of title 10, 
United States Code. 
(4) The term ‘‘special operations forces’’ means 
forces described under section 167(j) of title 10, 
United States Code. 
SEC. 365. REPORT AND BRIEFING ON APPROACH FOR CER-
TAIN 
PROPERTIES 
AFFECTED 
BY 
NOISE 
FROM MILITARY FLIGHT OPERATIONS. 
(a) BRIEFING.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Defense
263 
shall provide to the congressional defense committees a 
briefing on the use and applicability of the Air Installa-
tions Compatible Use Zones program to support noise 
mitigation and insulation efforts for fixed wing aircraft, 
including any such efforts funded under grants from the 
Office of Local Defense Community Cooperation. 
(b) MATTERS.—The briefing under subsection (a) 
shall include a discussion of the following: 
(1) Changes to current practices regarding Air 
Installations Compatible Use Zones that are nec-
essary to support noise mitigation and insulation ef-
forts relating to existing covered facilities. 
(2) The number of fixed wing aircraft facilities 
covered by existing Air Installations Compatible Use 
Zones studies. 
(3) The proportion of existing Air Installations 
Compatible Use Zones studies that accurately reflect 
current and reasonably foreseeable fixed wing avia-
tion activity. 
(4) Expected timelines for each military depart-
ment to develop and update all Air Installations 
Compatible Use Zones studies to reflect current and 
reasonably foreseeable fixed wing activity. 
(5) An approximate number of covered facilities 
anticipated to be within the 65 dB day–night aver-
264 
age sound level for installations with existing Air In-
stallations Compatible Use Zones studies, including 
such facilities specifically located in crash zones or 
accident potential zones. 
(6) An assessment of the viability of making eli-
gibility to receive funding for noise mitigation and 
insulation efforts contingent on the completion of 
certain measures to ensure compatibility of civilian 
land use activity with Air Installations Compatible 
Use Zones conclusions. 
(7) Any barriers to the timely review and gen-
eration of Air Installations Compatible Use Zones 
studies, including with respect to staffing and gaps 
in authorities. 
(8) The estimated cost to develop and update 
required Air Installations Compatible Use Zones 
practices and studies. 
(9) Future opportunities to consult with local 
communities affected by noise from military flight 
operations. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Secretary shall submit to 
the congressional defense committees a report on the final 
outcome of the update process with respect to Air Installa-
tions Compatible Use Zones program. Such report shall
265 
include further details and analysis with respect to each 
matter specified in subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Air Installations Compatible Use 
Zones program’’ has the meaning given such term in 
Department of Defense Instruction 4165.57. 
(2) The term ‘‘covered facility’’ means any— 
(A) private residence; 
(B) hospital; 
(C) daycare facility; 
(D) school; or 
(E) facility the primary purpose of which 
is to serve senior citizens. 
SEC. 366. STUDY ON USE OF MILITARY RESOURCES TO 
TRANSPORT CERTAIN INDIVIDUALS AND EF-
FECT ON MILITARY READINESS. 
(a) STUDY.—The Secretary of Defense shall— 
(1) conduct a study examining the effect on 
military readiness of using Department of Defense 
resources to transport covered individuals; and 
(2) submit to Congress a report containing the 
findings of such study. 
(b) COVERED INDIVIDUAL DEFINED.—In this sec-
tion, the term ‘‘covered individual’’ means an individual
266 
who has crossed the southern border of the United States 
without authorization. 
SEC. 367. REPORT AND BRIEFING ON PROJECT PELE MO-
BILE NUCLEAR MICROREACTORS. 
(a) BRIEFING.—Not later than 180 days after the 
date of enactment of this Act, the Director of the Strategic 
Capabilities Office of the Department of Defense, in co-
ordination with the Secretary of Energy, shall provide to 
the congressional defense committees a briefing on the de-
velopment, and current and predicted progress, of the 
‘‘Project Pele’’ effort to design, build, and demonstrate a 
prototype mobile nuclear microreactor. 
(b) MATTERS.—The briefing under section (a) shall 
include a discussion of the following: 
(1) Changes to previous deployment rationales 
or strategies. 
(2) Proposed deployment locations for mobile 
nuclear microreactors, both domestically and abroad. 
(3) The safety and regulatory requirements of 
the proposed mobile nuclear microreactors, both do-
mestically and abroad. 
(4) The need for mobile nuclear microreactors 
to meet the energy needs of expeditionary and defen-
sive requirements of the Department of Defense, in-
cluding with respect to electric combat vehicles, and
267 
the ability of mobile nuclear microreactors to ade-
quately meet such needs. 
(5) The safety concerns and precautions relat-
ing to the transfer of mobile nuclear microreactors. 
(6) The safety concerns and precautions relat-
ing to the demonstration of the deployment of mo-
bile nuclear microreactors, including by air, before 
and after the irradiation of nuclear fuel. 
(7) Opportunities to consult with local commu-
nities potentially affected by the deployment, or the 
demonstration of the deployment, of mobile nuclear 
microreactors. 
(8) Security concerns related to potential adver-
sarial attacks on deployed mobile nuclear microreac-
tors or adversarial seizing of mobile nuclear micro-
reactors, and the radioactive fuel therein, for use in 
radiological weapons. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Director shall submit to the 
congressional defense committees a report on the current 
progress of the ‘‘Project Pele’’ effort described in sub-
section (a) that addresses each of the matters under sub-
section (b).
268 
Subtitle F—Other Matters 
SEC. 371. BUDGET JUSTIFICATION FOR OPERATION AND 
MAINTENANCE. 
(a) SUBACTIVITY GROUP BY FUTURE YEARS.—Sec-
tion 233 of title 10, United States Code, is amended— 
(1) by redesignating subsection (c) as sub-
section (e); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) SUBACTIVITY GROUPS.—The Secretary of De-
fense, in consultation with the Secretary of each of the 
military departments, shall include in the materials sub-
mitted to Congress by the Secretary of Defense in support 
of the President’s budget, in an unclassified format, the 
total amount projected for each individual subactivity 
group, as detailed in the future years defense program 
pursuant to section 221 of this title.’’. 
(b) BUDGET SUBMISSION DISPLAY.—Section 233 of 
title 10, United States Code, is further amended by insert-
ing after subsection (c), as added by subsection (a), the 
following new subsection: 
‘‘(d) BUDGET DISPLAY.—The Secretary of Defense, 
in consultation with the Secretary of each of the military 
departments, shall include in the O&M justification docu-
ments a budget display to provide for discussion and eval-
269 
uation of the resources required to meet material readi-
ness objectives, as identified in the metrics required by 
section 118 of this title, together with any associated risks 
to the supply chain. For each major weapon system, by 
designated mission design series, variant, or class, the 
budget display required under this subsection for the 
budget year shall include each of the following: 
‘‘(1) The material availability objective estab-
lished in accordance with the requirements of section 
118 of this title. 
‘‘(2) The funds obligated by subactivity group 
within the operation and maintenance accounts for 
the second fiscal year preceding the budget year for 
the purpose of achieving the material readiness ob-
jectives identified in accordance with section 118 of 
this title. 
‘‘(3) The funds estimated to be obligated by 
subactivity group within the operation and mainte-
nance accounts for the fiscal year preceding the 
budget year for the purpose of achieving the mate-
rial readiness objectives identified in accordance with 
section 118 of this title. 
‘‘(4) The funds budgeted and programmed 
across the future years defense program within the 
operation and maintenance accounts by subactivity
270 
group for the purpose of achieving the material 
readiness objectives identified in accordance with 
section 118 of this title. 
‘‘(5) A narrative discussing the performance of 
the Department against established material readi-
ness objectives for each major weapon system by 
mission design series, variant, or class.’’. 
(c) IMPLEMENTATION DEADLINE.—The Secretary of 
Defense shall ensure that the budget display requirements 
required under the amendments made by this section are 
included in the budget request for fiscal year 2023 and 
all fiscal years thereafter. 
(d) CONFORMING REPEAL.—Section 357 of the John 
S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232; 10 U.S.C. 221 note) is 
repealed. 
SEC. 372. IMPROVEMENTS AND CLARIFICATIONS RELATED 
TO MILITARY WORKING DOGS. 
(a) PROHIBITION ON CHARGE FOR TRANSFER OF 
MILITARY ANIMALS.—Subsection (d) of section 2583 of 
title 10, United States Code, is amended by striking 
‘‘may’’ and inserting ‘‘shall’’. 
(b) INCLUSION
OF MILITARY WORKING DOGS
IN 
CERTAIN RESEARCH AND PLANS.—
271 
(1) RESEARCH
UNDER
JOINT
TRAUMA
EDU-
CATION AND TRAINING DIRECTORATE.—Subsection 
(b) of section 708 of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 114– 
328; 10 U.S.C. 1071 note) is amended— 
(A) in paragraph (7), by striking ‘‘of mem-
bers of the Armed Forces’’ and inserting ‘‘with 
respect to both members of the Armed Forces 
and military working dogs’’; and 
(B) by striking paragraph (9) and insert-
ing the following new paragraph: 
‘‘(9) To inform and advise the conduct of re-
search on the leading causes of morbidity and mor-
tality of members of the Armed Forces and military 
working dogs in combat.’’. 
(2) VETERINARIANS IN PERSONNEL MANAGE-
MENT PLAN.—Subsection (d)(1) of such section is 
amended— 
(A) by redesignating subparagraph (F) as 
subparagraph (G); and 
(B) by inserting after subparagraph (E) 
the following new subparagraph: 
‘‘(F) Veterinary services.’’.
272 
SEC. 373. MANAGEMENT OF FATIGUE AMONG CREW OF 
NAVAL SURFACE SHIPS AND RELATED IM-
PROVEMENTS. 
(a) REQUIREMENT.—The Secretary of the Navy shall 
implement each recommendation for executive action set 
forth in the report of the Government Accountability Of-
fice titled ‘‘Navy Readiness: Additional Efforts Are Need-
ed to Manage Fatigue, Reduce Crewing Shortfalls, and 
Implement Training’’ (GAO–21–366). 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of the Navy 
shall submit to the congressional defense committees and 
the Comptroller General a report on the status of actions 
taken by the Secretary to monitor crew fatigue and ensure 
equitable fatigue management throughout the naval sur-
face ship fleet in accordance with subparagraph (a). Such 
report shall include the following: 
(1) An assessment of the extent of crew fatigue 
throughout the naval surface ship fleet. 
(2) A description of the metrics used to assess 
the extent of fatigue pursuant to paragraph (1). 
(3) An identification of results-oriented goals 
for effective fatigue management. 
(4) An identification of timeframes for achiev-
ing the goals identified pursuant to paragraph (3).
273 
(c) COMPTROLLER
GENERAL
ASSESSMENT.—Not 
later than 90 days after the date on which the Comptroller 
General receives the report under subsection (b), the 
Comptroller General shall brief the congressional defense 
committees on the extent to which the actions and goals 
described in the report meet the requirements of sub-
section (a). 
SEC. 374. AUTHORITY TO ESTABLISH CENTER OF EXCEL-
LENCE FOR RADAR SYSTEMS AND COM-
PLEMENTARY WORKFORCE AND EDUCATION 
PROGRAMS. 
(a) AUTHORITY.—The Secretary of Defense may es-
tablish a Center of Excellence for radar systems and com-
plementary workforce and education programs. 
(b) FUNCTIONS.—If the Secretary establishes the 
Center authorized under subsection (a), such Center shall 
be designed to further the expertise of the Department 
of Defense in the repair, sustainment, and support of 
radar systems, as identified by the Joint Radar Industrial 
Base Working Group and the Radar Supplier Resiliency 
Plan, by conducting the following activities, as appro-
priate: 
(1) Facilitating collaboration among academia, 
the Department, and the commercial radar industry,
274 
including radar system repair and sustainment fa-
cilities. 
(2) Establishing goals for research in areas of 
study relevant to advancing technology and facili-
tating better understanding of the necessity of radar 
systems in the growing development and reliance on 
automated and complex defense systems, including 
continuing education and training. 
(3) Establishing at any institution of higher 
education with which the Secretary enters into an 
agreement under subsection (c) such activities as are 
necessary to develop and meet the requirements of 
the Department. 
(4) Increasing communications with radar sys-
tems subject-matter experts in industry to learn and 
support state-of-the-art operational practices, espe-
cially studied future needs of the Department re-
lated to autonomous systems. 
(c) ELIGIBLE PARTICIPANTS.—If the Secretary es-
tablishes the Center authorized under subsection (a)— 
(1) the Secretary may enter into an agreement 
with one or more institutions of higher education to 
provide for joint operation of the Center; and
275 
(2) the Center may partner with nonprofit insti-
tutions and private industry with expertise in radar 
systems to further the mission of the Center. 
(d) LOCATION.—If the Secretary establishes the Cen-
ter authorized under subsection (a), in determining the lo-
cation of the Center, the Secretary shall take into account 
the proximity to existing radar system facilities capable 
of efficiently facilitating partnership between the Depart-
ment, industry, and an academic institution. 
(e) COORDINATION.—Nothing in this section shall 
preclude the coordination or collaboration between any 
Center established under this section and any other estab-
lished center of excellence. 
(f) INSTITUTION
OF
HIGHER
EDUCATION
DE-
FINED.—The term ‘‘institution of higher education’’ has 
the meaning given that term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
SEC. 375. PILOT PROGRAM ON MILITARY WORKING DOG 
AND 
EXPLOSIVES 
DETECTION 
CANINE 
HEALTH AND EXCELLENCE. 
(a) PILOT PROGRAM.—Not later than September 31, 
2022, the Secretary of Defense shall carry out a pilot pro-
gram to ensure the health and excellence of explosives de-
tection military working dogs. Under such pilot program, 
the Secretary shall consult with domestic breeders of
276 
working dog lines, covered institutions of higher education, 
and covered national domestic canine associations, to— 
(1) facilitate the presentation of domestically- 
bred explosives detection military working dogs for 
assessment for procurement by the Department of 
Defense, at a rate of at least 100 canines presented 
per fiscal year; 
(2) facilitate the delivery and communication to 
domestic breeders, covered institutions of higher 
education, and covered national domestic canine as-
sociations, of information regarding— 
(A) any specific needs or requirements for 
the future acquisition by the Department of ex-
plosives detection military working dogs; and 
(B) any factors identified as relevant to 
the success or failure of explosives detection 
military working dogs presented for assessment 
pursuant to this section; 
(3) collect information on the biological and 
health factors of explosives detection military work-
ing dogs procured by the Department, and make 
such information available for academic research 
and to domestic breeders; and 
(4) collect and make available genetic and 
phenotypic information, including canine rearing and
277 
training data for study by domestic breeders and 
covered institutions of higher education, for the fur-
ther development of working canines that are bred, 
raised, and trained domestically. 
(b) CONSULTATIONS.—In carrying out the pilot pro-
gram under subsection (a), the Secretary may consult with 
the working group established pursuant to section 1927 
of the FAA Reauthorization Act of 2018 (Public Law 
115–254; 6 U.S.C. 1116 note). 
(c) TERMINATION.—The authority to carry out the 
pilot program under subsection (a) shall terminate on Oc-
tober 1, 2024. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered institution of higher 
education’’ means an institution of higher education, 
as such term is defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001), with dem-
onstrated expertise in veterinary medicine for work-
ing canines. 
(2) The term ‘‘covered national domestic canine 
association’’ means a national domestic canine asso-
ciation with demonstrated expertise in the breeding 
and pedigree of working canine lines. 
(3) The term ‘‘explosives detection military 
working dog’’ means a canine that, in connection
278 
with the work duties of the canine performed for the 
Department of Defense, is certified and trained to 
detect odors indicating the presence of explosives in 
a given object or area, in addition to the perform-
ance of such other duties for the Department as 
may be assigned. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $10,000,000 to carry out 
this section. 
SEC. 376. DEPARTMENT OF DEFENSE RESPONSE TO MILI-
TARY LAZING INCIDENTS. 
(a) INVESTIGATION INTO LAZING OF MILITARY AIR-
CRAFT.— 
(1) INVESTIGATION REQUIRED.—The Secretary 
of Defense shall conduct a formal investigation into 
incidents of military aircraft being lazed by the gen-
eral population in Hawaii. The Secretary shall carry 
out such investigation in coordination and collabora-
tion with appropriate non-Department of Defense 
entities. 
(2) REPORT
TO
CONGRESS.—Not later than 
March 31, 2022, the Secretary shall submit to the 
congressional defense committees a report on the 
findings of the investigation conducted pursuant to 
paragraph (1).
279 
(b) INFORMATION SHARING.— The Secretary shall 
seek to increase information sharing between the Depart-
ment of Defense and the States with respect to incidents 
of lazing of military aircraft, including by entering into 
memoranda of understanding with State law enforcement 
agencies on information sharing in connection with such 
incidents to provide for procedures for closer cooperation 
with local law enforcement in responding to such incidents 
as soon as they are reported. 
(c) DATA COLLECTION AND TRACKING.—The Sec-
retary shall collect such data as may be necessary to track 
the correlation between noise complaints and incidents of 
military aircraft lazing. 
(d) OPERATING PROCEDURES.—The Secretary shall 
give consideration to adapting local operating procedures 
in areas with high incidence of military aircraft lazing inci-
dents to reduce potential injury to aircrew. 
(e) EYE PROTECTION.—The Secretary shall examine 
the availability of commercial off-the-shelf laser eye pro-
tection equipment that protects against the most com-
monly available green light lasers that are available to the 
public. If the Secretary determines that no such laser eye 
protection equipment is available, the Secretary shall con-
duct research and develop such equipment.
280 
SEC. 377. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PRO-
GRAM. 
Section 2284(b) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (B), by striking ‘‘the 
Department of Defense’’ and all that follows 
and inserting ‘‘the Program;’’; 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(C) direct the executive agent to des-
ignate a joint program executive officer for the 
Program; and 
‘‘(D) assign the Director of the Defense 
Threat Reduction Agency to manage the De-
fense-wide program element funding for the 
Program.’’. 
(2) by striking paragraph (4); 
(3) by redesignating paragraph (5) as para-
graph (4); 
(4) in paragraph (4), as so redesignated, by 
striking the period at the end and inserting a semi-
colon; and
281 
(5) by adding at the end the following new 
paragraphs: 
‘‘(5) the Secretary of the Navy shall designate 
a Navy explosive ordnance disposal-qualified admiral 
officer to serve as the co-chair of the Program; and 
‘‘(6) the Assistant Secretary of Defense for 
Special Operations and Low Intensity Conflict shall 
designate the Deputy Assistant Secretary of Defense 
for Special Operations and Combating Terrorism as 
the co-chair of the Program.’’. 
SEC. 378. PILOT PROGRAM ON USE OF WORKING DOGS TO 
DETECT EARLY STAGES OF DISEASES. 
(a) PILOT PROGRAM.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall commence a pilot program to determine the 
effectiveness of using scent detection working dogs to de-
tect the early stages of diseases (including the coronavirus 
disease 2019 (COVID–19)) and upon detection, to alert 
the handler of the dog. In carrying out such program, the 
Secretary shall consider— 
(1) potential uses for such dogs in screening in-
dividuals seeking to access facilities under the juris-
diction of the Department of Defense or seeking to 
access locations frequently used by the public and 
relevant to public safety; and
282 
(2) any other potential uses for such dogs relat-
ing to the detection of early stages of diseases, in-
cluding uses relating to the management and provi-
sion of personal protective equipment and medical 
testing kits to Department of Defense personnel. 
(b) REGULATIONS.—The Secretary shall prescribe 
regulations concerning the scope and limitations of the 
pilot program under subsection (a). Such regulations shall 
include requirements to ensure that the pilot program is 
scientifically rigorous. 
(c) DURATION.—The Secretary shall carry out the 
pilot program under subsection (a) for a period of not 
more than four years. 
(d) REPORT.—Not later than 180 days after the date 
on which the pilot program under subsection (a) termi-
nates, the Secretary shall submit to the Committees on 
Armed Services of the House of Representatives and the 
Senate a report on the outcomes of such pilot program. 
SEC. 379. STUDY ON DISEASE PREVENTION FOR MILITARY 
WORKING DOGS. 
Not later than 180 days after the date of the enact-
ment of this Act, the head of the Army Veterinary Services 
shall submit to Congress a report containing the findings 
of an updated study on the potential introduction of for-
283 
eign animal diseases and current prevention protocol and 
strategies to protect the health of military working dogs. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2022, as follows: 
(1) The Army, 485,000. 
(2) The Navy, 346,200. 
(3) The Marine Corps, 178,500. 
(4) The Air Force, 328,300. 
(5) The Space Force, 8,400. 
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (5) and in-
serting the following new paragraphs: 
‘‘(1) For the Army, 485,000. 
‘‘(2) For the Navy, 346,200. 
‘‘(3) For the Marine Corps, 178,500. 
‘‘(4) For the Air Force, 328,300. 
‘‘(5) For the Space Force, 8,400.’’.
284 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2022, as follows: 
(1) The Army National Guard of the United 
States, 336,000. 
(2) The Army Reserve, 189,500. 
(3) The Navy Reserve, 58,600. 
(4) The Marine Corps Reserve, 36,800. 
(5) The Air National Guard of the United 
States, 108,300. 
(6) The Air Force Reserve, 70,300. 
(7) The Coast Guard Reserve, 7,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty
285 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2022, the following num-
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 30,845. 
(2) The Army Reserve, 16,511. 
(3) The Navy Reserve, 10,293. 
(4) The Marine Corps Reserve, 2,386.
286 
(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 re-
serve 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 
support duty under section 115(b) of title 10, United 
States Code, is the following:
287 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEM-
BERS PERFORMING ACTIVE DUTY OR FULL- 
TIME NATIONAL GUARD DUTY TOWARDS AU-
THORIZED END STRENGTHS. 
Section 115(b)(2)(B) of title 10, United States Code, 
is amended by striking ‘‘1095 days in the previous 1460 
days’’ and inserting ‘‘1825 days in the previous 2190 
days’’. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal year 
2022 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, 
not otherwise provided for, for military personnel, as spec-
ified in the funding table in section 4401.
288 
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
thorization of appropriations in the subsection (a) super-
sedes any other authorization of appropriations (definite 
or indefinite) for such purpose for fiscal year 2022. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Reserve Component 
Management 
SEC. 501. GRADE OF CERTAIN CHIEFS OF RESERVE COMPO-
NENTS. 
(a) IN GENERAL.— 
(1) 
CHIEF
OF
ARMY
RESERVE.—Section 
7038(b)(1) of title 10, United States Code, is 
amended by striking ‘‘general officers of the Army 
Reserve’’ and inserting ‘‘officers of the Army Re-
serve in the grade of lieutenant general and’’. 
(2) 
CHIEF
OF
NAVY
RESERVE.—Section 
8083(b)(1) of such title is amended by striking ‘‘flag 
officers of the Navy (as defined in section 8001(1))’’ 
and inserting ‘‘officers of the Navy Reserve in the 
grade of vice admiral and’’. 
(3) COMMANDER, MARINE FORCES RESERVE.— 
Section 8084(b)(1) of such title is amended by strik-
ing ‘‘general officers of the Marine Corps (as defined 
in section 8001(2))’’ and inserting ‘‘officers of the
289 
Marine Corps Reserve in the grade of lieutenant 
general and’’. 
(4) CHIEF OF AIR FORCE RESERVE.—Section 
9038(b)(1) of such title is amended by striking 
‘‘general officers of the Air Force Reserve’’ and in-
serting ‘‘officers of the Air Force Reserve in the 
grade of lieutenant general and’’. 
(b) EFFECTIVE
DATE.—The amendments made 
under subsection (a) shall take effect on the date that is 
one year after the date of the enactment of this Act and 
shall apply to appointments made after such date. 
SEC. 502. GRADE OF VICE CHIEF OF THE NATIONAL GUARD 
BUREAU. 
Section 10505 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) GRADE.—(1) The Vice Chief of the National 
Guard Bureau shall be appointed to serve in the grade 
of general. 
‘‘(2) The Secretary of Defense shall designate, pursu-
ant to subsection (b) of section 526 of this title, the posi-
tion of Vice Chief of the National Guard Bureau as one 
of the general officer and flag officer positions to be ex-
cluded from the limitations in subsection (a) of such sec-
tion.’’.
290 
SEC. 503. PROHIBITION ON PRIVATE FUNDING FOR INTER-
STATE DEPLOYMENT OF NATIONAL GUARD. 
(a) PROHIBITION.—Chapter 3 of title 32, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 329. Prohibition on private funding for interstate 
deployment 
‘‘A member of the National Guard may not be or-
dered to cross a border of a State to perform duty (under 
this title, title 10, or State active duty) if such duty is 
paid for with private funds, unless such duty is in response 
to a major disaster or emergency under section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170).’’. 
(b) TECHNICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘329. Prohibition on private funding for interstate deployment.’’. 
SEC. 504. REQUIREMENT OF CONSENT OF THE CHIEF EXEC-
UTIVE OFFICER FOR CERTAIN FULL-TIME NA-
TIONAL GUARD DUTY PERFORMED IN A 
STATE, TERRITORY, OR THE DISTRICT OF CO-
LUMBIA. 
Section 502(f)(2)(A) of title 32, United States Code, 
is amended to read as follows:
291 
‘‘(A) Support of operations or missions under-
taken by the member’s unit at the request of the 
President or Secretary of Defense, with the consent 
of— 
‘‘(i) the chief executive officer of each 
State (as that term is defined in section 901 of 
this title) in which such operations or missions 
shall take place; and 
‘‘(ii) if such operations or missions shall 
take place in the District of Columbia, the 
Mayor of the District of Columbia.’’. 
SEC. 505. NATIONAL GUARD SUPPORT TO MAJOR DISAS-
TERS; REPORT ON METHODS TO ENHANCE 
DOMESTIC 
RESPONSE 
TO 
LARGE 
SCALE, 
COMPLEX AND CATASTROPHIC DISASTERS. 
(a) IN GENERAL.—Section 502(f) of title 32, United 
States Code, is amended— 
(1) in paragraph (2), by adding at the end the 
following: 
‘‘(C) Operations or missions authorized by the 
President or the Secretary of Defense to support 
large scale, complex, catastrophic disasters, as de-
fined by section 311(3) of title 6, United States 
Code, at the request of a State governor.’’; and 
(2) by adding at the end the following:
292 
‘‘(4) With respect to operations or missions de-
scribed under paragraph (2)(C), there is authorized 
to be appropriated to the Secretary of Defense such 
sums as may be necessary to carry out such oper-
ations and missions, but only if— 
‘‘(A) an emergency has been declared by 
the governor of the applicable State; and 
‘‘(B) the President has declared the emer-
gency to be a major disaster for the purposes 
of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act.’’. 
(b) REPORT ON METHODS TO ENHANCE DOMESTIC 
RESPONSE
TO LARGE SCALE, COMPLEX
AND CATA-
STROPHIC DISASTERS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in consultation and coordination 
with the Federal Emergency Management Agency, 
the National Security Council, the Council of Gov-
ernors, and the National Governors Association, 
shall submit to the congressional defense, the Com-
mittee on Homeland Security of the House of Rep-
resentatives, and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate a report 
on their plan to establish policy and processes to im-
293 
plement the authority provided by the amendments 
made by section 520. The report shall include a de-
tailed examination of the policy framework con-
sistent with existing authorities, identify major stat-
utory or policy impediments to implementation, and 
make recommendations for legislation as appro-
priate. 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include a description of— 
(A) the current policy and processes where-
by governors can request activation of the Na-
tional Guard under title 32, United States 
Code, as part of the response to large scale, 
complex, catastrophic disasters that are sup-
ported by the Federal Government and, if no 
formal process exists in policy, the Secretary of 
Defense shall provide a timeline and plan to es-
tablish such a policy, including consultation 
with the Council of Governors and the National 
Governors Association; 
(B) the Secretary of Defense’s assessment, 
informed by consultation with the Federal 
Emergency Management Agency, the National 
Security Council, the Council of Governors, and 
the National Governors Association, regarding
294 
the sufficiency of current authorities for the re-
imbursement of National Guard and Reserve 
manpower during large scale, complex, cata-
strophic disasters under title 10 and title 32, 
United States Code, and specifically whether re-
imbursement authorities are sufficient to ensure 
that military training and readiness are not de-
graded to fund disaster response, or invoking 
them degrades the effectiveness of the Disaster 
Relief Fund; 
(C) the Department of Defense’s plan to 
ensure there is parallel and consistent policy in 
the application of the authorities granted under 
section 12304a of title 10, United States Code, 
and section 502(f) of title 32, United States 
Code, including— 
(i) a description of the disparities be-
tween benefits and protections under Fed-
eral law versus State active duty; 
(ii) recommended solutions to achieve 
parity at the Federal level; and 
(iii) recommended changes at the 
State level, if appropriate; 
(D) the Department of Defense’s plan to 
ensure there is parity of benefits and protec-
295 
tions for military members employed as part of 
the response to large scale, complex, cata-
strophic disasters under title 32 or title 10, 
United States Code, and recommendations for 
addressing shortfalls; and 
(E) a review, by the Federal Emergency 
Management Agency, of the current policy for, 
and an assessment of the sufficiency of, reim-
bursement authority for the use of all National 
Guard and Reserve, both to the Department of 
Defense and to the States, during large scale, 
complex, catastrophic disasters, including any 
policy and legal limitations, and cost assess-
ment impact on Federal funding. 
SEC. 506. CONTINUED NATIONAL GUARD SUPPORT FOR 
FIREGUARD PROGRAM. 
The Secretary of Defense shall continue to support 
the FireGuard program with National Guard personnel to 
aggregate, analyze, and assess multi-source remote sens-
ing information for interagency partnerships in the initial 
detection and monitoring of wildfires until September 30, 
2026. After such date, the Secretary may not reduce such 
support, or transfer responsibility for such support to an 
interagency partner, until 30 days after the date on which 
the Secretary submits to the Committees on Armed Serv-
296 
ices of the Senate and House of Representatives written 
notice of such proposed change, and reasons for such 
change. 
SEC. 507. STUDY ON REAPPORTIONMENT OF NATIONAL 
GUARD FORCE STRUCTURE BASED ON DO-
MESTIC RESPONSES. 
(a) STUDY.—The Secretary of Defense, in consulta-
tion with the Chief of the National Guard Bureau and the 
Adjutants General, shall conduct a study to determine 
whether to reapportion the force structure of the National 
Guard based on wartime and domestic response require-
ments. The study under shall include the following ele-
ments: 
(1) An assessment how domestic response mis-
sions affect recruitment and retention of qualified 
personnel, especially in States— 
(A) with the lowest ratios of National 
Guard members to the general population; and 
(B) that are most prone to natural disas-
ters. 
(2) An assessment how domestic response mis-
sions affect the ability of the National Guard of a 
State to ability to staff, equip, and ready a unit for 
its Federal missions.
297 
(3) An comparison of the costs of a response to 
a domestic incident in a State with— 
(A) units of the National Guard of such 
State; and 
(B) units of the National Guards of other 
States pursuant to an emergency management 
assistance compact. 
(4) Based on the recommendations in the 2021 
report of the National Guard Bureau titled ‘‘Impact 
of U.S. Population Trends on National Guard Force 
Structure’’, an assessment of— 
(A) challenges to recruiting members of 
the National Guard and allocating mission sets 
to other geographic regions; and 
(B) the ability to track and respond to do-
mestic migration trends in order to establish a 
baseline for force structure requirements. 
(5) In light of the limited authority of the 
President under section 104(c) of title 32, United 
States Code, an assessment of whether the number 
of members of the National Guard is sufficient to re-
apportion force structure to meet the requirements 
of domestic responses and shifting populations. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense
298 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on the re-
sults of the study under subsection (a). 
(c) STATE DEFINED.—In this section, the term 
‘‘State’’ includes the various States and Territories, the 
Commonwealth of Puerto Rico, and the District of Colum-
bia. 
SEC. 508. REPORT ON FEASIBILITY AND ADVISABILITY OF 
INCLUDING 
CYBERSECURITY 
OPERATIONS 
AND MISSIONS TO PROTECT CRITICAL INFRA-
STRUCTURE BY MEMBERS OF THE NATIONAL 
GUARD IN CONNECTION WITH TRAINING OR 
OTHER DUTY. 
Not later than one year after the date of the enact-
ment 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 feasibility and 
advisability of including in the duty described in section 
502(f)(1) of title 32, United States Code, training or other 
duty relating to cybersecurity operations or missions un-
dertaken by the member’s unit at the request of the Gov-
ernor of the State concerned to protect critical infrastruc-
ture (as that term is defined in the Critical Infrastructures 
Protection Act of 2001 (42 U.S.C. 5195c)).
299 
SEC. 509. ACCESS TO TOUR OF DUTY SYSTEM. 
(a) ACCESS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of the Army shall ensure, subject to para-
graph (2), that a member of the reserve components 
of the Army may access the Tour of Duty system 
using a personal internet-enabled device. 
(2) EXCEPTION.—The Secretary of the Army 
may restrict access to the Tour of Duty system on 
personal internet-enabled devices if the Secretary de-
termines such restriction is necessary to ensure the 
security and integrity of information systems and 
data of the United States. 
(b) TOUR OF DUTY SYSTEM DEFINED.—In this Act, 
the term ‘‘Tour of Duty system’’ means the online system 
of listings for opportunities to serve on active duty for 
members of the reserve components of the Army and 
through which such a member may apply for such an op-
portunity, known as ‘‘Tour of Duty’’, or any successor to 
such system. 
SEC. 509A. ENHANCEMENT OF NATIONAL GUARD YOUTH 
CHALLENGE PROGRAM. 
(a) AUTHORITY.—During fiscal year 2022, the Sec-
retary of Defense may provide assistance to a National 
Guard Youth Challenge Program of a State—
300 
(1) in addition to assistance under subsection 
(d) of section 509 of title 32, United States Code; 
(2) that is not subject to the matching require-
ment under such subsection; and 
(3) for the following purposes: 
(A) New program start-up costs. 
(B) Special projects. 
(C) Workforce development programs. 
(D) Emergency costs. 
(b) LIMITATIONS.— 
(1) MATCHING.—The Secretary may not pro-
vide additional assistance under this section to a 
State that does not comply with the matching re-
quirement under such subsection regarding assist-
ance under such subsection. 
(2) 
TOTAL
ASSISTANCE.—Total 
assistance 
under this section to all States may not exceed 10 
percent of the funds appropriated for the National 
Guard Youth Challenge Program for fiscal year 
2022. 
(c) REPORTING.—Any assistance provided under this 
section shall be included in the annual report under sub-
section (k) of such section.
301 
Subtitle B—General Service 
Authorities and Military Records 
SEC. 511. PROHIBITION ON COMMISSIONING OR ENLIST-
MENT IN THE ARMED FORCES OF AN INDI-
VIDUAL CONVICTED OF A FELONY HATE 
CRIME. 
(a) PROHIBITION.—Section 657 of title 10, United 
States Code, is amended— 
(1) in the heading, by striking ‘‘sexual’’; and 
(2) in subsection (b), by adding at the end the 
following new paragraphs: 
‘‘(5) An offense under section 249 of title 18. 
‘‘(6) An offense under State or local law— 
‘‘(A) described in section 245(a)(1) of title 
18; or 
‘‘(B) the elements of which are substan-
tially similar to those of an offense under sec-
tion 247 or 249 of title 18.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 37 of such title is amend-
ed by striking the item relating to section 657 and insert-
ing the following: 
‘‘657. Prohibition on service in the armed forces by individuals convicted of cer-
tain offenses.’’.
302 
SEC. 512. REDUCTION IN SERVICE COMMITMENT RE-
QUIRED FOR PARTICIPATION IN CAREER 
INTERMISSION PROGRAM OF A MILITARY DE-
PARTMENT. 
Section 710(c)(3) of title 10, United States Code, is 
amended by striking ‘‘two months’’ and inserting ‘‘one 
month’’. 
SEC. 513. MODERNIZATION OF THE SELECTIVE SERVICE 
SYSTEM. 
(a) REFERENCE.—Except as expressly provided oth-
erwise, any reference in this section to a section or other 
provision shall be deemed to be a reference to that section 
or other provision of the Military Selective Service Act (50 
U.S.C. 3801 et seq.). 
(b) PURPOSE OF SELECTIVE SERVICE.—Section 1(b) 
(50 U.S.C. 3801(b)) is amended— 
(1) by striking ‘‘armed strength’’ and inserting 
‘‘military strength’’; 
(2) by striking ‘‘insure’’ and inserting ‘‘ensure’’; 
and 
(3) by inserting before the period at the end the 
following: ‘‘by ensuring adequate personnel with the 
requisite capabilities to meet the mobilization needs 
of the Department of Defense during a national 
emergency and not solely to provide combat replace-
ments’’.
303 
(c) SOLEMNITY OF MILITARY SERVICE.—Section 3 
(50 U.S.C. 3802) is amended by adding at the end the 
following: 
‘‘(c) Regulations prescribed pursuant to subsection 
(a) shall include methods to convey to every person re-
quired to register the solemn obligation for military service 
in the event of a military draft.’’. 
(d) EXPANDED
REGISTRATION
TO
ALL
AMERI-
CANS.— 
(1) Section 3(a) (50 U.S.C. 3802(a)) is amend-
ed— 
(A) by striking ‘‘male citizen’’ and insert-
ing ‘‘citizen’’; 
(B) by striking ‘‘male person’’ and insert-
ing ‘‘person’’; 
(C) by striking ‘‘present himself’’ and in-
serting ‘‘appear’’; and 
(D) by striking ‘‘so long as he’’ and insert-
ing ‘‘so long as such alien’’. 
(2) Section 4(e) (50 U.S.C. 3803(e)) is amend-
ed by striking ‘‘enlisted men’’ and inserting ‘‘en-
listed persons’’. 
(3) Section 5 (50 U.S.C. 3805) is amended— 
(A) in subsection (a)(1)—
304 
(i) by striking ‘‘race or color’’ and in-
serting ‘‘race, color, sex, or gender’’; and 
(ii) by striking ‘‘call for men’’ and in-
serting ‘‘call for persons’’; and 
(B) in subsection (b), by striking ‘‘men’’ 
each place it appears and inserting ‘‘persons’’. 
(4) Section 6 (50 U.S.C. 3806) is amended— 
(A) in subsection (a)(1)— 
(i) by striking ‘‘enlisted men’’ and in-
serting ‘‘enlisted persons’’; and 
(ii) by striking ‘‘accrue to him’’ and 
inserting ‘‘accrue to such alien’’; and 
(B) in subsection (h)— 
(i) by striking ‘‘(other than wives 
alone, except in cases of extreme hard-
ship)’’; and 
(ii) by striking ‘‘wives and children’’ 
and inserting ‘‘spouses and children’’. 
(5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is 
amended— 
(A) by striking ‘‘the President is re-
quested’’ and all that follows through ‘‘within 
its jurisdiction’’ and inserting ‘‘the President is 
requested to appoint the membership of each 
local board so that each board has both male
305 
and female members and, to the maximum ex-
tent practicable, it is proportionately represent-
ative of the race, national origin, and sex of 
those registrants within its jurisdiction’’; and 
(B) by striking ‘‘race or national origin’’ 
and inserting ‘‘race, sex, or national origin’’. 
(6) Section 16(a) (50 U.S.C. 3814(a)) is 
amended by striking ‘‘men’’ and inserting ‘‘persons’’. 
(e) MAINTAINING THE HEALTH OF THE SELECTIVE 
SERVICE SYSTEM.—Section 10(a) (50 U.S.C. 3809(a)) is 
amended by adding at the end the following new para-
graph: 
‘‘(5) The Selective Service System shall conduct 
exercises periodically of all mobilization plans, sys-
tems, and processes to evaluate and test the effec-
tiveness of such plans, systems, and processes. Once 
every 4 years, the exercise shall include the full 
range of internal and interagency procedures to en-
sure functionality and interoperability and may take 
place as part of the Department of Defense mobili-
zation exercise under section 10208 of title 10, 
United States Code. The Selective Service System 
shall conduct a public awareness campaign in con-
junction with each exercise to communicate the pur-
pose of the exercise to the public.’’.
306 
(f) DUE PROCESS FOR FAILURE TO REGISTER.— 
(1) Section 12 (50 U.S.C. 3811) is amended— 
(A) in subsection (f)— 
(i) in paragraph (2), by inserting be-
fore the period at the end ‘‘or proof of reg-
istration in accordance with subsection 
(g)’’; 
(ii) in paragraph (3)— 
(I) in the first sentence, by strik-
ing ‘‘compliance’’ and inserting ‘‘com-
pliance or proof of registration’’; and 
(II) in the second sentence, by 
inserting before the period at the end 
‘‘or proof of registration’’; and 
(iii) in paragraph (4), in the second 
sentence— 
(I) by striking ‘‘thereunder’’ and 
inserting ‘‘thereunder, or failure to 
provide proof of registration in ac-
cordance with subsection (g),’’; and 
(II) by inserting before the pe-
riod at the end ‘‘or has registered in 
accordance with subsection (g)’’; and 
(B) in subsection (g)—
307 
(i) in paragraph (1), by striking ‘‘; 
and’’ and inserting ‘‘and the person shows 
by a preponderance of the evidence that 
the failure of the person to register was 
not a knowing and willful failure to reg-
ister; or’’; and 
(ii) by amending paragraph (2) to 
read as follows: 
‘‘(2) the person was provided notice of the per-
son’s failure to register and the person registered 
within 30 days with the Selective Service System, re-
gardless of the person’s age at the time of registra-
tion.’’. 
(g) TECHNICAL AND CONFORMING AMENDMENTS.— 
The Military Selective Service Act is amended— 
(1) in section 4 (50 U.S.C. 3803)— 
(A) in subsection (a) in the third undesig-
nated paragraph— 
(i) by striking ‘‘his acceptability in all 
respects, including his’’ and inserting 
‘‘such person’s acceptability in all respects, 
including such person’s’’; and 
(ii) by striking ‘‘he may prescribe’’ 
and inserting ‘‘the President may pre-
scribe’’;
308 
(B) in subsection (c)— 
(i) in paragraph (2), by striking ‘‘any 
enlisted member’’ and inserting ‘‘any per-
son who is an enlisted member’’; and 
(ii) in paragraphs (3), (4), and (5), by 
striking ‘‘in which he resides’’ and insert-
ing ‘‘in which such person resides’’; 
(C) in subsection (g), by striking ‘‘coordi-
nate with him’’ and inserting ‘‘coordinate with 
the Director’’; and 
(D) in subsection (k)(1), by striking ‘‘find-
ing by him’’ and inserting ‘‘finding by the 
President’’; 
(2) in section 5(d) (50 U.S.C. 3805(d)), by 
striking ‘‘he may prescribe’’ and inserting ‘‘the 
President may prescribe’’; 
(3) in section 6 (50 U.S.C. 3806)— 
(A) in subsection (c)(2)(D), by striking 
‘‘he may prescribe’’ and inserting ‘‘the Presi-
dent may prescribe’’; 
(B) in subsection (d)(3), by striking ‘‘he 
may deem appropriate’’ and inserting ‘‘the 
President considers appropriate’’; and
309 
(C) in subsection (h), by striking ‘‘he may 
prescribe’’ each place it appears and inserting 
‘‘the President may prescribe’’; 
(4) in section 10 (50 U.S.C. 3809)— 
(A) in subsection (b)— 
(i) in paragraph (3)— 
(I) by striking ‘‘He shall create’’ 
and inserting ‘‘The President shall 
create’’; and 
(II) by striking ‘‘upon his own 
motion’’ and inserting ‘‘upon the 
President’s own motion’’; 
(ii) in paragraph (4), by striking ‘‘his 
status’’ and inserting ‘‘such individual’s 
status’’; and 
(iii) in paragraphs (4), (6), (8), and 
(9), by striking ‘‘he may deem’’ each place 
it appears and inserting ‘‘the President 
considers’’; and 
(B) in subsection (c), by striking ‘‘vested 
in him’’ and inserting ‘‘vested in the Presi-
dent’’; 
(5) in section 13(b) (50 U.S.C. 3812(b)), by 
striking ‘‘regulation if he’’ and inserting ‘‘regulation 
if the President’’;
310 
(6) in section 15 (50 U.S.C. 3813)— 
(A) in subsection (b), by striking ‘‘his’’ 
each place it appears and inserting ‘‘the reg-
istrant’s’’; and 
(B) in subsection (d), by striking ‘‘he may 
deem’’ and inserting ‘‘the President considers’’; 
(7) in section (16)(g) (50 U.S.C. 3814(g))— 
(A) in paragraph (1), by striking ‘‘who as 
his regular and customary vocation’’ and insert-
ing ‘‘who, as such person’s regular and cus-
tomary vocation,’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘one who as his cus-
tomary vocation’’ and inserting ‘‘a person 
who, as such person’s customary voca-
tion,’’; and 
(ii) by striking ‘‘he is a member’’ and 
inserting ‘‘such person is a member’’; 
(8) in section (18)(a) (50 U.S.C. 3816(a)), by 
striking ‘‘he is authorized’’ and inserting ‘‘the Presi-
dent is authorized’’; 
(9) in section 21 (50 U.S.C. 3819)— 
(A) by striking ‘‘he is sooner’’ and insert-
ing ‘‘sooner’’;
311 
(B) by striking ‘‘he’’ each subsequent place 
it appears and inserting ‘‘such member’’; and 
(C) by striking ‘‘his consent’’ and inserting 
‘‘such member’s consent’’; 
(10) in section 22(b) (50 U.S.C. 38290(b)), in 
paragraphs (1) and (2), by striking ‘‘his’’ each place 
it appears and inserting ‘‘the registrant’s’’; and 
(11) except as otherwise provided in this sec-
tion— 
(A) by striking ‘‘he’’ each place it appears 
and inserting ‘‘such person’’; 
(B) by striking ‘‘his’’ each place it appears 
and inserting ‘‘such person’s’’; 
(C) by striking ‘‘him’’ each place it ap-
pears and inserting ‘‘such person’’; and 
(D) by striking ‘‘present himself’’ each 
place it appears in section 12 (50 U.S.C. 3811) 
and inserting ‘‘appear’’. 
(h) CONFORMING AMENDMENTS TO OTHER LAWS.— 
(1) Section 3328 of title 5, United States Code, 
is amended by striking subsection (a) and inserting 
the following: 
‘‘(a) An individual who was required to register under 
section 3 of the Military Selective Service Act (50 U.S.C. 
3803) but failed to meet the registration requirements of
312 
section 3 of that Act shall be ineligible for appointment 
to a position in an Executive agency, unless— 
‘‘(1) the requirement for the person to so reg-
ister has terminated or become inapplicable to the 
person and the person shows by a preponderance of 
the evidence that the failure of the person to register 
was not a knowing and willful failure to register; or 
‘‘(2) the person was provided notice of the per-
son’s failure to register and the person registered 
within 30 days with the Selective Service System, re-
gardless of the person’s age at the time of registra-
tion.’’. 
(2) Section 484(n) of the Higher Education Act 
of 1965 (20 U.S.C. 1091(n)) is amended by striking 
‘‘(50 U.S.C. App. 462(f))’’ and inserting ‘‘(50 
U.S.C. 3811(f))’’. 
(i) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, except that the amendments made by sub-
sections (d) and (h)(1) shall take effect one year after 
such date of enactment.
313 
SEC. 514. IMPROVEMENTS TO MILITARY ACCESSIONS IN 
ARMED FORCES UNDER THE JURISDICTION 
OF THE SECRETARIES OF THE MILITARY DE-
PARTMENTS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, each Secretary of a mili-
tary department shall take the following steps regarding 
military accessions in each Armed Force under the juris-
diction of such Secretary: 
(1) Assess the prescribed medical standards for 
appointment as an officer, or enlistment as a mem-
ber, in such Armed Force. 
(2) Determine how to update the medical 
screening processes for appointment or enlistment. 
(3) Determine how to standardize operations 
across the military entrance processing stations. 
(4) Determine how to improve aptitude testing 
methods and standardized testing requirements. 
(5) Implement improvements determined or 
identified under paragraphs (1) through (4). 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, each Secretary shall submit 
to the appropriate congressional committees a report con-
taining the results of carrying out this section and rec-
ommendations regarding legislation the Secretary deter-
mines necessary to improve such military accessions.
314 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) The Committee on Armed Services of the 
House of Representatives. 
(2) The Committee on Armed Services of the 
Senate. 
(3) The Committee on Transportation and In-
frastructure of the House of Representatives. 
(4) The Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 515. AUTHORIZATION OF PERMISSIVE TEMPORARY 
DUTY FOR WELLNESS. 
In order to reduce the rate of suicides in the Armed 
Forces, the Secretary of each military department shall 
prescribe regulations that authorize a member of an 
Armed Force under the jurisdiction of such Secretary to 
take not more than two weeks of permissive temporary 
duty each year to attend a seminar, retreat, workshop, or 
outdoor recreational therapy event— 
(a) hosted by a non-profit organization; and 
(b) that focuses on psychological, physical, spiritual, 
or social wellness.
315 
SEC. 516. REQUIRED STAFFING OF ADMINISTRATIVE SEPA-
RATION BOARDS. 
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall ensure that any administrative 
separation board under the jurisdiction of such Secretary 
has assigned to it the following: 
(1) A nonvoting legal advisor who shall be re-
sponsible for providing legal advice to the President 
of the board on— 
(A) the operations and procedures of the 
board; and 
(B) matters under consideration by the 
board. 
(2) A nonvoting recorder who shall be respon-
sible for representing the separation authority in the 
in the proceedings before the board. 
(b) SELECTION AND SUPERVISION.— 
(1) IN GENERAL.—The nonvoting legal advisor 
referred to in subsection (a)(1) and the recorder re-
ferred to in subsection (a)(2) shall each be selected 
by the staff judge advocate and each shall serve 
under the supervision of such staff judge advocate. 
(2) CERTIFICATION.—The staff judge advocate 
who selects the recorder under paragraph (1) shall 
include in the record of the proceedings of the board 
a written certification affirming that the recorder
316 
has the legal skills necessary to competently fulfill 
the duties of that position. 
SEC. 517. ADMINISTRATIVE SEPARATION: MISCELLANEOUS 
AUTHORITIES AND REQUIREMENTS. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense and each Sec-
retary of a military department shall prescribe regulations 
and guidance for administrative separations of enlisted 
members under the jurisdiction of such Secretary that— 
(1) authorize the Secretary of the military de-
partment concerned to characterize an administra-
tive discharge, considered by an administrative sepa-
ration board under regulations prescribed by such 
Secretary— 
(A) under any conditions (including other 
than honorable); and 
(B) notwithstanding the recommendation 
of such administrative separation board; and 
(2) in the case of an administrative separation 
on the basis of an offense by the member against an 
individual, allow such individual to request that at 
least one voting member of the administrative sepa-
ration board be of the same gender, race, or eth-
nicity of such individual.
317 
SEC. 518. PROHIBITION ON ALGORITHMIC CAREER TERMI-
NATION. 
No funds authorized to be appropriated by this Act 
may be used to subject a member of the Armed Forces 
under the jurisdiction of a Secretary of a military depart-
ment to discipline of any kind solely based on the output 
of an automated algorithmic, mathematical, or other ana-
lytic tool used in the evaluation of publicly available social 
media posts or other publicly available online activity at-
tributable to such member, unless the Secretary concerned 
determines an imminent threat of physical violence exists. 
SEC. 519. PROHIBITION ON DISCIPLINE AGAINST A MEM-
BER BASED ON CERTAIN SOCIAL MEDIA. 
No funds authorized to be appropriated by this Act 
may be used to subject a member of the Armed Forces 
under the jurisdiction of a Secretary of a military depart-
ment to discipline of any kind solely based on a comment, 
post, or other activity originating from a third party re-
garding a political matter on an online account, forum, 
or other electronic means owned, controlled, or operated 
by the member. 
SEC. 
519A. 
COMMAND 
OVERSIGHT 
OF 
MILITARY 
PRIVATIZED HOUSING AS ELEMENT OF PER-
FORMANCE EVALUATIONS. 
(a) EVALUATIONS IN GENERAL.—Each Secretary of 
a military department shall ensure that the performance
318 
evaluations of any individual described in subsection (b) 
under the jurisdiction of such Secretary indicates the ex-
tent to which such individual has or has not exercised ef-
fective oversight and leadership in the following: 
(1) Improving conditions of privatized housing 
under subchapter IV of chapter 169 of title 10, 
United States Code. 
(2) Addressing concerns with respect to such 
housing of members of the Armed Forces and their 
families who reside in such housing on an installa-
tion of the military department concerned. 
(3) Addressing concerns regarding housing dis-
crimination against individuals based on race, eth-
nicity, sex, gender identity, religion, or employment. 
(b) COVERED INDIVIDUALS.—The individuals de-
scribed in this subsection are as follows: 
(1) The commander of an installation of a mili-
tary department at which on-installation housing is 
managed by a landlord of privatized housing under 
subchapter IV of chapter 169 of title 10, United 
States Code. 
(2) Each officer or senior enlisted member of 
the Armed Forces at an installation described in 
paragraph (1) whose duties include facilities or 
housing management at such installation.
319 
(3) Any other officer or enlisted member of the 
Armed Forces (whether or not at an installation de-
scribed in paragraph (1)) as specified by the Sec-
retary of the military department concerned for pur-
poses of this section. 
SEC. 519B. FEASIBILITY STUDY ON ESTABLISHMENT OF 
HOUSING HISTORY FOR MEMBERS OF THE 
ARMED FORCES WHO RESIDE IN HOUSING 
PROVIDED BY THE UNITED STATES. 
(a) STUDY; REPORT.—Not later than September 30, 
2022, the Secretary of Defense shall— 
(1) conduct a feasibility study regarding the es-
tablishment of a standard record of housing history 
for members of the Armed Forces who reside in cov-
ered housing; and 
(2) submit to the appropriate congressional 
committees a report on the results of such study. 
(b) CONTENTS.—A record described in subsection (a) 
includes, with regards to each period during which the 
member concerned resided in covered housing, the fol-
lowing: 
(1) The assessment of the commander of the 
military installation in which such housing is lo-
cated, of the condition of such covered housing—
320 
(A) prior to the beginning of such period; 
and 
(B) in which the member concerned left 
such covered housing upon vacating such cov-
ered housing. 
(2) Contact information a housing provider may 
use to inquire about such a record. 
(c) ONLINE ACCESS.—A record described in sub-
section (a) would be accessible through a website, main-
tained by the Secretary of the military department con-
cerned, through which a member of the Armed Forces 
under the jurisdiction of such Secretary may access such 
record of such member. 
(d) ISSUANCE.—The Secretary concerned would issue 
a copy of a described in subsection (a) to the member con-
cerned upon the separation, retirement, discharge, or dis-
missal of such member from the Armed Forces, with the 
DD Form 214 for such member. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The Committee on Armed Services of 
the House of Representatives. 
(B) The Committee on Armed Services of 
the Senate.
321 
(C) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
(D) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) The term ‘‘covered housing’’ means housing 
provided by the United States to a member of the 
Armed Forces. 
SEC. 519C. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TO-
WARDS RETIREMENT. 
(a) CREDIT.—For each participant in the Seaman to 
Admiral-21 program during fiscal years 2010 through 
2014 for whom the Secretary of the Navy cannot find evi-
dence of an acknowledgment that, before entering a bacca-
laureate degree program, service during the baccalaureate 
degree program would not be included when computing 
years of service for retirement, the Secretary shall include 
service during the baccalaureate degree program when 
computing— 
(1) years of service; and 
(2) retired or retainer pay. 
(b) REPORT REQUIRED.—The Secretary shall submit 
a report to the Committees on Armed Services of the Sen-
ate and House of Representatives regarding the number 
of participants credited with service under subsection (a).
322 
(c) DEADLINE.—The Secretary shall carry out this 
section not later than 180 days after the date of the enact-
ment of this Act. 
SEC. 519D. PROGRESS REPORT ON IMPLEMENTATION OF 
GAO RECOMMENDATIONS REGARDING CA-
REER PATHS FOR SURFACE WARFARE OFFI-
CERS OF THE NAVY. 
(a) PROGRESS REPORT.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of the Navy shall submit to the congressional defense com-
mittees a progress report on implementation of the rec-
ommendations for executive action in the report of the 
Government Accountability Office titled ‘‘Navy Readiness: 
Actions Needed to Evaluate and Improve Surface Warfare 
Officer Career Path’’ (GAO–21–168). The report shall in-
clude the following: 
(1) Actions taken to develop plans to improve 
retention of SWOs, with a focus on retention of fe-
male SWOs, including specific goals, performance 
measures, and timelines. 
(2) Actions taken to analyze relevant logbook 
data for trends between the number of SWOs 
aboard ships and competition for limited training op-
portunities.
324 
(b) SWO DEFINED.—In this section, the term 
‘‘SWO’’ means ‘‘surface warfare officer’’. 
SEC. 519E. INDEPENDENT ASSESSMENT OF RETENTION OF 
FEMALE SURFACE WARFARE OFFICERS. 
(a) IN GENERAL.—The Secretary of Defense shall 
seek to enter into an agreement with a nonprofit entity 
or a federally funded research and development center 
independent of the Department of Defense to conduct re-
search and analysis on the gender gap in retention of sur-
face warfare officers in the Navy. 
(b) ELEMENTS.—The research and analysis con-
ducted under subsection (a) shall include consideration of 
the following: 
(1) Demographics of surface warfare officers, 
disaggregated by gender, including— 
(A) race; 
(B) ethnicity; 
(C) socioeconomic status; 
(D) marital status (including whether the 
spouse is a member of the Armed Forces and, 
if so, the length of service of such spouse); 
(E) whether the officer has children (in-
cluding number and age or ages of children);
325 
(F) whether an immediate family member 
serves or has served as a member of the Armed 
Forces; and 
(G) the percentage of such officers who— 
(i) indicate an intent to complete only 
an initial service agreement; and 
(ii) complete only an initial service 
agreement. 
(2) Whether there is a correlation between the 
number of female surface warfare officers serving on 
a vessel and responses of such officers to command 
climate surveys. 
(3) An anonymous but traceable study of com-
mand climate results to— 
(A) correlate responses from particular fe-
male surface warfare officers with resignation; 
and 
(B) compare attitudes of first-tour and 
second-tour female surface warfare officers. 
(4) Recommendations based on the findings 
under paragraphs (1), (2), and (3). 
(c) REPORTS.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date on which a nonprofit entity or feder-
ally funded research and development center enters